05-20-97 Regular DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING lll-~merimC~
COMMISSION CHAMBERS~ I1w~
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). 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
May 20, 1997
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.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of May 6, 1997
6. Proclamations: None
7. Presentations:
A. State Senator Ron Klein - Update from Tallahassee
8. Consent Agenda: City Manager recommends approval.
¢
A. RESOLUTION NO. 41-97 (ABANDONMENT OF A PORTION OF MIAMI
BOULEVARD) & ACCEPTANCE OF EASEMENT DEEDS: Adopt a resolution
abandoning a portion of the right-of-way for Miami Boulevard
located south of SoE. 10th Street within the Silver Terrace
subdivision based upon positive findings, and accept easement
deeds for existing utilities.
B. RESOLUTION NO. 42-97 (ABANDONMENT OF DAVIS ROAD PROPERTY):
Adopt a resolution abandoning a portion of the Davis Road
property located north of West Atlantic Avenue, beginning at
the northwest intersection of the Lake Worth Drainage District
Canal E-4 and Lateral Canal L-33, and extending northward
approximately 774 feet, based upon positive findings and
subject to conditions.
C. DELRAY FULL SERVICE CENTER AGREEMENT: Approve an agreement
between the School Board of Palm Beach County and the City for
the services of a Delray Police Officer at the Delray Full
Service Center for the period July 1, 1997 through June 30,
1998.
Regular Commission Meeting
May 20, 1997
D. ADDENDUM TO INTERLOCAL BULK WATER AGREEMENT/TOWN OF HIGHLAND
BEACH: Approve an Addendum to Interlocal Agreement between the
City and the Town of Highland Beach relative to the terms of
the agreement regarding sale of water from the City to Highland
Beach.
E. AMENDMENT TO DECLARATION OF CONDOMINIUM - BLOCK 60 PARKING
CONDOMINIUM: Approve the Amendment and Restatement of the
Declaration of Condominium of Block 60 Parking Condominium to
expand the original parking condominium on Lots 5 and 6 to
include additional spaces on Lots 3, 4 and 10 in Block 60.
F. WATER MAIN CONSTRUCTION AGREEMENT/VILLAS D'ESTE: Approve an
Agreement for Construction of Water Main at Villas D'Este
wherein the City agrees to be the named permit applicant for
construction of a water main along West Atlantic Avenue within
Florida Department of Transportation right-of-way.
G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/JOINT PARTICIPATION
AND FUNDING: Approve an Interlocal Agreement with Palm Beach
County for the funding of a joint construction project; utility
relocations on Military Trail between Clint Moore Road and West
Atlantic Avenue, in the amount of $128,110 from 440-5179-536-
69.20, through budget transfer from 440-0000-361-10.00.
H. PALM BEACH COUNTY RIGHT-OF-WAY ACQUISITION: Approve Palm Beach
County's acquisition of a portion of a City-owned parcel at
Lift Station 60A for right-of-way in conjunction with the
County's widening of Military Trail between Clint Moore Road
and West Atlantic Avenue.
I. RESOLUTION NO. 40-97: Adopt a resolution assessing costs' for
abatement action required to remove nuisances on 12 properties
throughout the City.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period May 5 through May 16, 1997.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Tomasso's Pizza for the summer camp lunch
program, in the estimated amount of $35,802 from 115-4924-
572-49.90 through budget transfer from 115-0000-334-71.00;
reimbursable from the State Department of Education.
2. Bid award to Chaz Equipment Company, Inc. for the Roose-
velt Avenue drainage improvements between Lake Ida Road
and N.W. 3rd Street, in the total amount of $294,189.25.
Funding in the amount of $93,969 is available from
228-3160-541-61.39; $67,234 from 334-3162-541-61.17,
$119,186.25 from 448-5411-538-63.63, and $13,800 from
441-5161-536-63.63, through various budget transfers.
-3-
Regular Commission Meeting
May 20, 1997
3. Purchase award to H.T.E., sole source provider, for the
Applicant Tracking Software System, in the amount of
$16,250; $15,000 from 1996/97 budget #001-1311-512-66.10,
and $1,250 from the 1997/98 budget.
4. Purchase award to Gateway 2000 via Florida State Contract
for 4 pentium pro processors computer hardware for the
Fire Department, in the amount of $10,444 from 334-6112-
519-64.11.
9. Regular Agenda:
A. RIGHT OF ENTRY EASEMENT AGREEMENT WITH PETER AND KAREN ROSSEN
(SEASAGE DRIVE STORMWATER FACILITIES) & PURCHASE ORDER TO RAY
QUALMANN MARINE CONSTRUCTION: Consider approval of a right of
entry easement agreement with Peter A. and Karen J. Rossen for
a six foot easement on the north side of Lot 11, Block 16,
Seagate Section "A" to accommodate the construction and
maintenance of a stormwater line from the Seasage Drive pump
station to the outfall structure on the east side of the
Intracoastal Waterway, at a cost of $5,000 cash plus approval
of a purchase order in the amount of $17,150 to Ray Qualmann
Marine Construction; with funding in the total amount of
$22,150 from 448-5411-538-62.35.
B. FUNDING FOR SISTER CITY GIFT: Consider funding approval to
cover the cost of the proposed gift to the City of Miyazu,
Japan, to commemorate the 20th anniversary of the Sister City
relationship.
C. STREET CLOSURE REQUEST/T.E.D. CENTER GRAND OPENING: Consider
approval of a request from the Technical Enterprise and
Development (T.E.D.) Center to close S.E. 1st Avenue from
Atlantic Avenue to S.E. 1st Street on June 12, 1997, between
the hours of 3:30 p.m. and 7:30 p.m.
D. FINAL PLAT APPROVAL/CORAL TRACE SUBDIVISION: Consider approval
of the final plat for Coral Trace subdivision, a proposed 282
unit multi-family development located north of West Atlantic
Avenue between the High Point and Sudan subdivisions.
E. EMERGENCY MANHOLE REPAIR AT LIFT STATION #80: Consider
approval of emergency manhole repair at Lift Station 80 located
on Lake Ida Road at the Lake Worth Drainage District L-31/32
connecting channel; bypass pumping by Intercounty Engineering
in the amount of $7,500, and structure rehabilitation by Chaz
Equipment Company in the amount of $13,319, with funding from
442-5178-536-46.90 through budget transfer from 442-5178-536-
61.36.
-4-
Regular Commission Meeting
May 20, 1997
10. Public Hearings:
A. ORDINANCE NO. 17-97: An ordinance annexing a 3.58 acre parcel
of land located on the east side of Barwick Road, approximately
250 feet north of Sabal Lakes Road; providing for a Small Scale
Future Land Use Map amendment from County MR-5 (Medium Density
Residential - 5 Dwelling Units/Acre) to City Medium Density
Residential 5-12 Dwelling Units/Acre, and establishing initial
zoning of RM-8 (Medium Density Residential - 8 Dwelling Units/
Acre). (WITHDRAWN BY APPLICANT)
B. ORDINANCE NO. 23-97: An ordinance amending Section 4.3.4,
"Base District Development Standards", of the Land Development
Regulations to eliminate conflicting language which requires
platting to separately convey duplex units.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 22-97: An ordinance rezoning a 1.415 acre parcel
of land from A (Agricultural) to RM (Medium Density Residen-
tial) District for Fine Construction Co. The subject property
is located on the north side of Old Germantown Road, east of
the Spanish Wells condominium development. If passed, a
quasi-judicial public hearing will be scheduled for June 3,
1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-5-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 20, 1997.- 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
F. "NUVEEN" TENNIS TOURNAMENT: Consider a modification to the
proposed agreement to host the "Nuveen" Tennis Tournament at
the Tennis Center on February 18-22, 1998, by deleting the
requirement that $100,000 in sponsor commitments be obtained
before Nuveen will commit to the tournament.
TO: DAVID T. HARDEN, CiTY MANAGER
DEPARTMENT Of PLANNING AND ZONING
FROM: RONALD R. HOGGARD ~~C~ ~c~
SENIOR PLANNER
SUBJECT: MEETING OF MAY 20, 1997 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF MIAMI BOULEVARD AND
ACCEPTANCE OF A PUBLIC UTILITIES EASEMENT
I ~ : BACKGROUND
The Miami Boulevard right-of-way was dedicated as a street in the Silver Terrace
subdivision, platted in 1925. The existing right-of way is 50 feet. The proposal is
to reduce an approximately 120 feet long section, located just south of the
SE 10th Street connection to 30 feet wide. The roadway system within the
subdivision is being modified by the City. With the change, this portion of Miami
Boulevard is no longer needed as a roadway. It will only be utilized for access to
the two adjacent properties. By abandoning a portion of the right-of-way, the
adjacent lots are given more flexibility for redevelopment with respect to parking,
open space and landscape requirements. The abandonment will not prevent
access to adjacent lots of record and a replacement easement will be provided
for maintenance of existing utilities.
The Planning and Zoning Board considered this request at its meeting of
April 28, 1997. The Board unanimously recommended approval on a 7-0 vote.
Conditions of approval included provision of a replacement utility easement.
Easement Deeds were prepared by the City Attorney's office and have been
signed by the owners of the adjacent properties accepting the abandoned
portions of the roadway.
By motion, approve the abandonment of the right-of-way through the enactment
of Resolution No. 41-97 and accept the public utilities easement.
Attachments:
Reduced Survey
[] Easement Deeds
RESOLUTION NO. 41-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE RIGHT-OF-WAY FOR MIAMI BOULEVARD AS
DEDICATED ON THE PLAT OF SILVER TERRACE, RECORDED
IN PLAT BOOK 11 AT PAGE 61 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN
EASEMENT DEED FOR PUBLIC UTILITIES.
WHEREAS, the City of Delray Beach, Florida, initiated an
application for abandonment of a portion of the right-of-way for
Miami Boulevard as dedicated on the Plat of Silver Terrace, being
located immediately south of S.E. 10th Street, as more particularly
described herein; and
WHEREAS, the application for abandonment of a portion of
said right-of-way was processed pursuant to Section 2.4.6(O),
"Abandonment of Rights-of-Way", of the Land Development Regulations
of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this matter on April 28, 1997, and voted unanimously to recommend
approval of the abandonment, based upon positive findings pursuant to
LDR Section 2.4.6(0) (5) and subject to the condition that a
replacement easement be provided for public utilities; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
right-of-way, based upon positive findings pursuant to LDR Section
2.4.6(0)(5) and subject to the acceptance of an easement deed for
public utilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property, subject to acceptance of an easement deed for existing
public utilities:
A portion of Miami Boulevard road right-of-way as
shown on the Plat of Silver Terrace, according to
the Plat thereof recorded in Plat Book 11 at Page
61 of the Public Records of Palm Beach County,
Florida, being more particularly described as
follows:
Begin at the Southwest corner of Lot 24, Block 6,
Silver Terrace, according to the Plat thereof
recorded in Plat Book 11 at Page 61 of the Public
Records of Palm Beach County, Florida, and run on
an assumed bearing of North 00 degrees 30'19" East
along the West line of said Lot 24, Block 6, for a
distance of 79.51 feet to a point of curvature;
thence Northerly, Northeasterly and Easterly along
a circular curve to the right and concave to the
Southeast having a radius of 35.00 feet and a
central angle of 89 degrees 29'30" for an arc
distance of 54.67 feet to a point of cusp; thence
North 90 degrees 00'00" West along the Westerly
extension of the North line of said Lot 24, Block
6, for a distance of 44.69 feet; thence South 00
degrees 30'19" West along a line parallel with and
10.00 feet West of as measured at right angles to
the West line of said Lot 24, Block 6, for a
distance of 114.27 feet; thence North 89 degrees
37'02" East along the Westerly extension of the
South line of said Lot 24, Block 6, for a distance
of 10.00 feet to the Point of Beginning.
Containing 1,400 square feet, more or less.
Begin at the Southeast corner of Lot 9, Block 5,
Silver Terrace, according to the Plat thereof
recorded in Plat Book 11 at Page 61 of the Public
Records of Palm Beach County, Florida, and run on
an assumed bearing of North 00 degrees 30'19" East
along the East line of said Lot 9 and the East line
of Lot 10, Block 5, for a distance of 83.94 feet to
a point of curvature; thence Northerly,
Northwesterly and Westerly along a circular curve
to the left and concave to the Southwest having a
radius of 35.00 feet and a central angle of 90
degrees 30'30" for an arc distance of 55.29 feet to
a point of cusp; thence North 90 degrees 00'00"
- 2 - Res. No. 41-97
East along the Easterly extension of the North line
of said Lot 10, Block 5, for a distance of 45.31
feet; thence South 00 degrees 30'19" West along a
line parallel with and 10.00 feet East of as
measured at right angles to the East line of said
Lots 10 and 9, Block 5, for a distance of 119.22
feet; thence South 89 degrees 47'49" West along the
Easterly extension of the South line of said Lot 9,
Block 5, for a distance of 10.00 feet to the Point
of Beginning.
Containing 1,460 s~are feet, more or less.
Section 2. That this abandonment of right-of-way described
in Section 1 above shall not become effective and this resolution
shall not be recorded in the Public Records of Palm Beach County,
Florida, until an easement deed for public utilities has been
accepted by the City of Delray Beach, Florida.
PASSED AND ~OPTED in regular session on this the 20th day
of May, 1997.
ATTEST:
City Cl~k
- 3 - Res. No. 41-97
'-':::-:,. ).':
:-;-? -" ABANDONMENT OF ROAD RIGHT OF WAY
-." '-:-:- A PORT[ON OF MIAMI BOULEVARD
::L;-~ ~;'"'- '
":;? :..-:i'~i:..:i~i ~F M,a~ Bo~-va~ ROa~ RIGHT OF
' "!'~:i i FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
.i i' /i' i' WAY AS SHOWN ON THE PLAT OF SILVER TEP, J~ACE ,ACCORDING TO
BEGIN AT THE SOUTHWEST CORNER OF LOT 24, BLOCK 6, SILVER TERRACE. ACCORDING TO THE PLAT THEREOF
- .!. "='-~ RECORDED IN PLAT BOOK il AT PAGE 61 OF THE PUBLIC RECORDS OP PALM BEACH COUNTY. FLORID& A~D RUN ON
; _.. AN ASSUIV~D BEARING OF N00*30'! 9"E ALONG THE WEST LINE OF SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 79.$ I FEET
~:~i'I '"'+!:i~': A POINT OF CURVATURE; THENCE NORTHERLY, NORTHEASTERLy AND EASTERLy ALONG A CIRCULAR CURVE TO
RIGHT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS
i i~!:- ":-.' i FOR AN ARC DISTANCE OP .$4.67 FEET TO A POiNT OF CUSP; THENCE Ng0*00'00'W ALONG THE WESTERLY EXTENsiON.
~£~;:'~-:. -"; ' ;:' .... DI~rANCE OF 114.27 FEE'r; THENCE N89*.lT'02"E ALONG
.~.~:.~--:?::;.... -. :.'...:.;. ~ , ,., ~rm wt:ol LINE Or SAID LOT 24, BLOCK
TilE WESTERLy EXTENSION OF THE SOUTH LINE OF
:?Z~5~'~32'$ ' ': ': ': ' ': '":": ~"SAID LOT 24' BLOCK 6 FOR A DIb~rANcE OF i0.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,400 SQUARE FEET MORE OR LESS.
'.*'.~/?i.~??.:::... BEGIN AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 5, SILVER TERRACE, ACCORDING TO THE PLAT
~l~ut~INO OF N00 ]0 l~ E ........ ALM BEACH COUNTY, FLORIDA, AND RUN ON
~'.'.'. -.... FOR A DISTANCE OF ~-~, ll-iI~ EAST LINE OF SAID LOT ~ AND THE EAST LIN~.OF [.~T' 10, BLOCK
83.~4 FEET TO A POINT OF CURVATURE; THENCE NORTHERLy, NORTHWESTERLy AND WEStERLy
' .~'-'-:: ':'-'-'~ ":; ' ': - - ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF ~$.00 FEET AND A
· ..>.::z--;. =: .; ?: -- -.'-. CENTRAL ANGLE OF ~0~30'S0,, FOR AN ARC DISTANCE OF $$.2~ FEET TO A POINT OF CUSp; THENCE NgO~00,OO-E ALONG
""'"'~'*~"'" ..... sooo~.~.y~xTEmIoN oF ~ ~mTH ,-i~ oF SAID t~r ,o Bmc~ s .
_: .:::~-}~ k.:/...C... ~o 1~ W ALONG A LINE PARALLEL WiTH AND 1000 Fi~_l~r ~a~- .... _FOR ADISTANCE OF45.31 FEET:
'...~;~z;:~,:~:;;..-:- ~ · '~-2;':" · LINE OF SAID LOT~ I0 AND ~, BLOCK 6 FOR A DISTANCE OF 119.22 FEET; THENCE Sg9o4?,49-W ALONG THE EAS~y
...... ~' ~r ~ MEASURED AT RIGHT ANGLES TO
. DF THE SOUTH LINE OF SAID LOT ~, BLOCK $ POR a DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
:~-:'"'~'::.'~i:.i-::::~':- -'.:'-. CONTAINING 1,460 SQUARE FEET MORE OR LESS.
:-:-::-::'-" -. SAID LANDS SITUATE WITHIN THE CITY OF DELKAY BEACH, PALM BEACH COUNTY, FLOPdDA.
.'
~ERTIIrlCATE:
.-5. ~. ..... ,,-~.-~r.~, o~17.~ OF THE FLORI'" ........... ~,,,,~-r,.,u ~ ii-us
: SECTION 472.027 FLORIDA b'TATIJTP~, ' ~,"- ,'$.I.2~ll,q~TRATIVE CODE, PURSUANT TO
-'-- ' A~ APPLICABLE FOR LEGAL DESCRIPTIONS.
-'::
~. :":i FILE: MSPUB~URVEY~i4600.pUB
:-. ~OI'F~:
1.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRF~SENT A FIELD BOUNDARy SURVEY ("THIS 15 NOT A
SURVEY").
2.) BEARINGS SHOWN HEREON ARE
TERRACE, A~UMHD AND BASED ON THE NORTH LINE OF BLOCKS $ AND 6, SILVER
" ACCORDING TO TIlE PI~A.T THHRF.,OF RECORDED IN PLAT i~OK i I AT PAGE 61 OF THE PUBLIC RECORDS
... · .. OF PALM BEACH COUNTY, FLORIDA HAVING A BEARING OF
· .. ;HEET I oF 2 sHEETs ':
·?:.'. ¢i!?',.. ":. FILE NO. ~-I~O0.SS l
! : Palm Bcach Counly
310 Soulhc~${ Firsl Sirc~I, Suilc Four
Dclray Bcach, Florida 33483
....;~::i;.-~:. ;i;-.; - ' Heiler-Weaver and Cato, Inc. (407) 243-8700
(407) 243-8777 Fax
· '-'.~-'i:-:-':---"."- -'- -Engineers ... Surveyors Planners (407) 732.2588 Pahn Beach
: ['.y.y.., -..
: A;'+-.-~ . ,. }.}:- (305) 979-0550 ]lroward
LEGEND:
P.B. PLAT BOOK
PG. PAGE
R/W RIGHT--OF--WAY
A CENTRAL ANGLE:
SCALE: 1" = ,.30' A ARC LENGTH
CL CENTERLINE:
8 9 10
BLOCK
SILVER TERRACE
(P.B. 11, PG. 61
SOUTH LINE NORTH LINE
LOT 9 -----'~: LOT 10
POINT OF
R=35.O0'
BEGINNING;
6-,90'30'30"
SOUTHEAST CORNER
OF LOT 9, BLOCK 5,
SILVER ~RRACE / ~ST LINE
~ -- -~0~'47'49"[ ~PROPOS[~ ~ANDONM/NT OF R
~1~ I ,,*,~' j soo'.o',."w
~ BOU~D
~ ,, 114.27' S00'30'~ 9"W
- - ;o,., o/ -'~X"°*~'i,''~ t
SO~HWEST CORNER WEST LINE R--~
OF LOT 24, BLOCK 6, LOT 24
BLOCK
25 SILVER TER~CE 24
(P.B. 11, PG. 61)
~OUTH LIN[ NORTH LINE
LOT 24~ LOT 24
ABANDONMENT OF' ROAD RIGHT--OF--WAY
MiaMI eOUL~'VARO SOUTH OF S.~. 10th STRF.~r
A I~R'nON OF' SILVER 'T~I~CE (P.B. 1 1, I~. el)
CITY OF DEI. RAY BEACH, PALM BEACH COUNTY, FLORIDA
J SKETCH TO ACCOMPANY I..E:GAL DESCRIPTION J
SHEET 2 OF 2 SHEETS FILE NO. 97-14600--SS 2
.~. r'l D~k'Oy Beech
310 $.[. hit Street
$~;le 4
e er - eaver an a O, nc, (~7) 245_67~ -
Engineers ...
(~7) 245-~777 -
- Ii
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. Ist Avenue
' :'" Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this day of , 1997, by and between
DENNIS L. MANN, with a mailing address of 3535 Ensign Circle, Delray Beach, Florida
33483, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of
100 N.W. 1st Avenue, Delray Beach, Florida 33444, a muaicipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and f~ee right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this ~asement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
remlt of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Pan3, of the first part does hereby fully warrant the title to said land and will defend the
~ame against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
(~V~TNESS #~l,: -- PARTY OF THE FIRST PART
(name printed or typed)
WITNESS #2:
(name printed or typed) /
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this/_.~ay of
1997 by .~E H/~ t ~ ~- - fi'~ ~ t¥/~ (name of person acknowledging),C~l~ho is
personally known to me or who has produced ~ .~ -/7~.-~'~/? (type of identification)
as identification and who did (did not) take an oath.
,,~_~_ 2.~ ~,,,~s:.~,o,,~ Il S~gnature of Notary Pubhc State
[ ~:~ ~ r~ ~ ~ ~ II of Florida
2
EXHIBIT
A PORTION OF MIAMI BOULEVARD ROAD RIGHT OF WAY AS SHOWN ON THE PLAT OF SILVER TERRACE .ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK ! I AT PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.
I~I/)RIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: : '
BEGIN AT TIlE SOUTHWEST CORNER OP LOT 24, BLOCK 6, SILVER TERRACE, ACCORDING TO Tile PLAT TtlEREOF
RECORDED IN PLAT BOOK I 1 AT PAGE (~ 10P TIlE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RUN ON
AN ASSUMED BEARING OF NOO°30' 19"E ALONG THE WEST LINE OP SAID LOT 24, BLOCK B FOR A DISTANCE OF 79.51 lEEr
TO A POINT OF CURVATURE; TIIENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG A CIRCULAR CURVE TO
THE RIGHT AND CONCAVE TO THE SOUTHEAST HAVING A RADIUS OP 35.0t) PEET AND A CENTRAL ANGLE OF 89°29'31)'
FOR AN ARC DISTANCE OP 54.5? FEET TO A POINT OF CUSP; THENCE Ng0~00'00"W ALONG THE WESTERLY EXTENSION
OF THi~ NOR'Ill LINE OP SAID LOT 24, BLOCK 5 FOR A DISTANCE OP 44.69 FEET; TIIENCE S00~30'19"W ALONG A LINE
PARALLEL WITH AND 10.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 24, BLOCK
6 FOR A DISTANCE OF i 14.27 FEET: TIIENCE N89°37'02"E ALONG Tile WESTERLY EXTENSION OF TtlE SOUi'I! LINE OP
SAID LOT 24, BLOCK 6 FOR A DISTANCE OF 10.00 FEET TO Tile POINT OF BEGINNING.
CONTAINING i,4~1~1 SQUARE FEEl' MORE OR LESS.
Prepared by: RETURN:
David N. Tolces, Esq.
Cil3, Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTtrRE, made this .. day of ,1997, by and between DON-
DEB, INC., with a mailing address of 2501 S. Federal Highway, Delray Beach, Florida 33483,
party of the fa'st part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WITNESSETH: That the party of the first pan, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free fight, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this fight is the further fight in the parD, of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
l~alt of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Part3' of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
'IN W1TNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written,
:.
WITNESS #1: PARTY OF THE FIRST PART
(narne printed or typed) PrinlName: ~..~ +t.~{) ? ~_..'~ ~.~ ,
(~SS #2:
(name printed or typed)
..~e foregoing instrument was acknowledged before me this //-~ day of
.. , 1997 by ,_/~'~r~atd c~. ,(;,Ct/~' ,.. (name of officer or agent, title of
officer or agent) of ~(--~l/'/'/ /~rx~ -r--to (name of corporation acknowledging), a
~..~'¢~ (state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has pr~'d}'~/.~/..~,. /~'w..~ '.
(type of identification) as identification and did (did not an oa .
,~S'g ture ~f Notary-Pub~-~_ State---
, k. of FlorMa
B&RBARA A G.~.,LARDI
EXHIBIT
BEGIN AT TIlE SOUTIIEAST COP, NER OP LOT 9. BLOCK $~ SILVER TERRACE. ACCORDING TO THE PLAT THEI~OP
RECOI~DED IN PLAT BOOK 1 ! AT PAGE (~1 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RUN ON
AN ASSUMED BEARING OF N00°30' I~"E ALONG THE EAST LINE OF SAID LOT ~ AND THE EAST LINE OF LOT 10, BLOCK 5
FOR A DISTANCE OF 83.94 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY
ALONG A CIRCULAR CURVE TO THE LEFT A/ID CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 35.00 FEET AND A
CENTRAL ANGLE OF 90~30'30" FOR AN ARC DISTANCE OF 55.29 FEET TO A POINT OF CUSP; THENCE Ng0o00'O0"E ALONG
TIlE EASTERLY EXTENSION OF TIlE NORTH LINE OF SAID LOT 10, BLOCK $ FOR A DISTANCE OF 45.31 FEET: THENCE
S00'~30'!9"W ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE EAST
LINE OF SAID LOTS 10 AND 9, BLOCK 6 FOR A DISTANCE OF 119.22 FEET; THENCE S89°47'49"W ALONG THE EASTERLY
EXTENSION OF THE SOUTH LINE OF SAID LOT 9, BLOCK 5 FOR A DISTANCE OF 10.0~) FEET TO THE POINT OF BEGINNING.
CONTAINING 1,4611 SQUARE FEET MORE OR LESS.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~../9~.'~. - MEETING OF MAY 20, 1997
RESOLUTION NO. 42-97:
DATE: MAY 16, 1997
This is before the Commission to adopt a resolution abandoning a
portion of the Davis Road property located north of West Atlantic
Avenue, beginning at the northwest intersection of Lake Worth
Drainage District Canal E-4 and Lateral Canal L-33, and extending
northward approximately 774 feet.
If abandoned, the Davis Road property will become part of the
Stanley Tare property to the west. In exchange for the
abandonment of the property, the western 60 feet of the Tare
property will be deeded to the City for the construction of a
new road that will provide access to the Tare parcel and a
proposed 282-unit multiple family development directly north,
known as Coral Trace.
The abandonment is scheduled for consideration by the Planning
and Zoning Board at its May 19, 1997 meeting. If the Board's
recommendation is anything other than approval, the Commission
will be asked to pull the item from the Consent Agenda for
consideration under the Regular Agenda.
Recommend approval of Resolution No. 42-97 based on positive
findings with respect to LDR Section 2.4.6(O) (5), subject to
conditions as outlined in the staff report.
RESOLUTION NO. 42-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE DAVIS ROAD PROPERTY, LOCATED NORTH
OF WEST ATLANTIC AVENUE AT THE NORTHWEST
INTERSECTION OF THE LAKE WORTH DRAINAGE DISTRICT
CANAL E-4 AND LATERAL CANAL L-33, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND RESERVING AND
RETAINING TO BOTH THE LAKE WORTH DRAINAGE DISTRICT
AND THE CITY OF DELRAY BEACH A UTILITY AND
MAINTENANCE EASEMENT OVER THE EASTERLY 24 FEET OF
SAID DAVIS ROAD PROPERTY, AS MORE PARTICULARLY
DESCRIBED HEREIN, AND RESERVING AND RETAINING A
UTILITY EASEMENT FOR THE PUBLIC OR PRIVATE
UTILITIES LOCATED WITHIN THE ABANDONED DAVIS ROAD
PROPERTY, AND SUBJECT TO THE RECEIPT AND ACCEPTANCE
OF A DEED FROM STANLEY G. TATE, TRUSTEE, FOR THE
WESTERLY 60 FEET OF THE TATE PROPERTY FOR ROAD
RIGHT-OF-WAY PURPOSES, AND SUBJECT TO THE TERMS OF
THE ACCESS AGREEMENT.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, entered into an Access Agreement by and among the City of
Delray Beach, a Florida municipal corporation, Stanley G. Tare,
Trustee, the Lake Worth Drainage District, William H. Sned, Jr.,
Trustee, and Aurora Homes, Inc.; and
WHEREAS, pursuant to the terms of said Access Agreement,
the City of Delray Beach is abandoning a portion of the Davis Road
property, subject to certain conditions; and
WHEREAS, the application for abandonment of a portion of
said Davis Road property has been processed pursuant to Section
2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development
Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the
Planning and Zoning Board, as Local Planning Agency, formally reviewed
this petition on May 19, 1997, and recommended approval of the
abandonment, based upon positive findings pursuant to LDR Section
2.4.6(0)(5) and reserving and retaining to both the Lake Worth
Drainage District and the City of Delray Beach a utility and
maintenance easement over the easterly twenty-four feet (24') of the
Davis Road property, as more particularly described herein, and
reserving and retaining a utility easement for the public or private
utilities located within the abandoned Davis Road property, and
subject to the receipt and acceptance of a deed from Stanley G. Tare,
Trustee, for the westerly 60 feet of the Tate property for road
right-of-way purposes, and subject to the terms of the Access
Agreement; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said David
Road property for roadway purposes based upon positive findings
pursuant to LDR Section 2.4.6(0) (5), but does not abandon and retains
and reserves unto itself and the Lake Worth Drainage District a
utility and maintenance easement over the easterly twenty-four feet
(24') of the Davis Road property, and retains a utility easement for
the public or private utilities located within the abandoned Davis
Road property area, subject to receipt and acceptance of a deed from
Stanley Tare, as Trustee, for the westerly sixty feet (60') of the
Tare property for road right-of-way purposes, and subject to the
terms of the Access Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property for roadway purposes only, but does not abandon and retains
and reserves unto itself and the Lake Worth Drainage District a
utility and maintenance easement over the easterly twenty-four feet
(24') of the Davis Road property, and retains a utility easement for
the public or private utilities located within the abandoned area,
based upon positive findings pursuant to LDR Section 2.4.6(0) (5) and
subject to receipt and acceptance of a deed from Stanley Tare, as
Trustee, for the westerly sixty feet (60') of the Tare property for
road right-of-way purposes, and subject to the terms of the Access
Agreement:
A parcel of land in Section 18, Township 46 South,
Range 43 East, Palm Beach County, Florida, more
particularly described as follows:
Commence at the Southeast Corner of Lot 1, Block 1
of Sudan - Unit "A" according to the Map or Plat
thereof as recorded in Plat Book 28 at Page 144 of
the Public Records of Palm Beach County and run
South 89 degrees 45 minutes 41 seconds East 72.02
feet to a point, then run South 11 degrees 54
minutes 42 seconds West 553.56 feet to the Point of
Beginning; from Point of Beginning continue South
11 degrees 54 minutes 42 seconds West 774.23 feet
to the Northerly right-of-way for Lateral Canal No.
L-33, then run South 89 degrees 40 minutes 57
- 2 - Res. No. 42-97
seconds West along said Northerly right-of-way
65.49 feet, then run North 11 degrees 54 minutes 42
seconds East 774.69 feet, then run South 89 degrees
55 minutes 27 seconds East 65.38 feet to the Point
of Beginning. Containing 1.138 acres, more or
less.
Section 2. That there is hereby reserved and retained a
utility easement for the public or private utilities located within
the abandoned area hereinabove described in Section 1. and referred
to as the Davis Road property.
Section 3. That this abandonment of a portion of the Davis
Road property described in Section 1 above shall not become effective
and this resolution shall not be recorded in the Public Records of
Palm Beach County, Florida, until the City of Delray Beach receives
and accepts a deed from Stanley G. Tate, Trustee, for the westerly 60
feet of the Tate property for road right-of-way purposes.
PASSED AND ~OPTED in regular session on this the 20th day
of May, 1997.
ATTEST:
- - ' ~Cit~ C~erk--
- 3 - Res. No. 42-97
LAKE IDA
LAKIZ IDA
PLAZ~
PROPOSED
PROJECT
PALM 1RAN
AB~D~MENT
TEMPLE
CONGRESS
'[ L A SQUARE
DELRAY
BEACH
M U N IC I P A L COWVGR£SS
GOLF' COURSE
N
~ ABANDONMENT OF A PORTION OF DAVIS ROAD
PLANNING DEPARTMENT
CITY OF' OELRAY BEACH, F'L
-- DIGIFAL ~4SE' /i,¢.4P SYS?'£M -- MAP RE'F: LM158
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, D.)REG-TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 20, 1997 **CONSENT AC~ENDA**
ABANDONMENT OF DAVIS ROAD PROPERTY
The action requested of the City Commission is approval of the abandonment of
a portion of the Davis Road property generally located west of Congress Avenue
and north of W. Atlantic Avenue (at the northwest intersection of Lake Worth
Drainage District Canal No. E-4 and Lateral Canal No. L-33).
If abandoned, the Davis Road property will become part of the Stanley Tate property to
the west. In exchange for the abandonment of the property, the western 60' of the Tate
property will be deeded to the City for the construction of a road that will provide access
to the Tate parcel and a proposed 282-unit multiple family development directly north,
known as Coral Trace.
Prior to the granting of an abandonment the following findings must be made:
1. That there is not, nor will there be a need for the use of the right-of-way for any
public purpose;
2. That the abandonment does not, nor will not, prevent access to a lot of record; and,
3. That the abandonment will not result in detriment for the provision of access and/or
of utility services to adjacent properties or the general area.
City CommiSsion Documentatio~n
Abandonment of Davis Road Property
Page 2
The subject portion of the Davis Road property is currently covered with dirt and limited
access is available. A new road proposed on the west side of the Tate property will
provide access to both Tate's property and the proposed Coral Trace development to
the north. The Sudan subdivision, located north of the abandonment area, takes
access from the improved portion of Davis Road, and the Breezy Ridge Estates
subdivision to the south has access to W. Atlantic Avenue. Replacement easements
will be provided to cover the Lake Worth Drainage District, City, FPL, BellSouth, and
cable t.v. services.
Based on the above, the abandonment is not needed for any public purpose, will not
prevent access to any lot of record, or result in the detriment for the provision of access
and/or of utility services to adjacent properties or the general area.
The abandonment is scheduled for consideration by the Planning and Zoning Board at
its May 19, 1997 meeting. If the Board's recommendation is anything other than
approval, the Commission will be asked to pull the item from the Consent Agenda for
consideration under the Regular Agenda.
By motion, approve the abandonment of the subject portion of Davis Road property
based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the
following conditions:
1. That a Lake Worth Drainage District easement be provided along the eastern 24' of
the abandonment area.
2. That a utility easement be provided along the eastern 24' of the abandonment area.
3. That a utility easement containing the existing north/south utility poles be provided
along the west side of the abandonment area.
4. That the resolution for the abandonment be effective when the City receives a deed
from Mr. Tate for the western 60' of the Tate property.
5. That a revised survey showing the replacement easements and easement
documentation be provided.
Attachments:
· Location Map and Survey
65.49'
LATERAL CANAL NE], L-33 S89'40'57'V
I:llY OF DELRIIY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
~ POLICE LEGAL ADVISOR
Ali,America City
MEMORANDUM
1993
TO: David Harden, City Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: May 15, 1997
SUBJECT: Delray Full Service Center Agreement
Attached for your review and insertion in the Consent Agenda are two copies of
the above-referenced agreement. The only change from the previous
agreement is the time period covered (July 1, 1997 to June 30, 1998).
It is urged that the agreement be renewed as the assignment of an officer to the
Center has proven to be a positive influence and a deterrent towards criminal
activity. Liability has not increased for the City as laid out in the provisions of
Paragraph One of the agreement.
Feel free to contact me if I can be of further assistance in this matter.
c: Susan Ruby, City Attorney
Allison MacGregor Harty, City Clerk
Pnnted on ,Recycled Paper
AGREEMENT
BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND
THE CITY OF DELRAY BEACH, FLORIDA
WHEREAS, the Delray Full Service Center is comprised of many
community service programs; and
WHEREAS, many of these programs provide services beyond the scope
of the School District's kindergarten through twelfth grade (K-12) responsibilities;
and
WHEREAS, many of these programs provide specific services to non-
student residents of the City of Delray Beach; and
WHEREAS, the City of Delray Beach has expressed a desire to provide
police protection to the Delray Full Service Center at a reduced rate.
NOW, THEREFORE, IT IS HEREBY mutually agreed between the School
Board of Palm Beach County, Florida, hereinafter referred to as the "School
Board" and the City of Delray Beach, Florida, hereinafter referred to as "Delray"
as follows:
1.) The School Board shall provide $2,250 per month to Delray for
services of a Delray Police Officer at the Delray Full Service Center from July 1,
1997 through June 30, 1998. Delray Police Officers shall remain employees of
Delray, and shall not be employees of the School Board. Delray agrees to
assume responsibility for the acts, omissions, or conduct of its employees
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
2.) The School Board shall provide access to an air conditioned and
lighted private office with a desk, chair, locking file cabinet, and a telephone
which may be used for general business purposes only. All other equipment
needs, benefits, overtime compensation, and any other responsibilities under
Federal and State law, including Workers Compensation, will be the
responsibility of Delray, and will be provided by Delray for the Delray Police
Officer.
3.) Delray shall provide a list of Delray Police Officers and resumes to
the Chief of Palm Beach County School District Police so that potential
candidates may be selected for an interview for the Police Officer position and
alternate position at the Delray Full Service Center.
4.) The Interview Committee shall be comprised of the following
School Board personnel:
A. Area 1 Superintendent
B. Principal of Delray Full Service Center
C. Chief of Palm Beach County School District Police
D. Area Supervisor of Palm Beach County School District Police.
5.) The Principal shall set the hours of the Delray Police Officer.
6.) Delray shall immediately notify the Principal and the School Police
Department whenever the Delray Police Officer leaves the school campus. If
the Delray Police Officer is absent due to illness, annual leave, etc., the
alternative Delray Police Officer shall cover the assigned duty.
7.) Delray shall immediately provide copies of all incident reports,
Field Interrogation Reports, information reports, etc., taken on the campus of
Delray Full Service Center to the School Police Department.
8) The Delray Police Officer shall abide by School Board Policies,
when not in conflict with Delray Police policies, and shall consult with the
coordinate activities through the School Principal and the School Police
Department, but shall be responsive to the chain of command of Delray relating
to all matters of employment. No program may be enacted in the school without
permission of the Principal.
9.) The Delray Police Officer is not a school disciplinarian. If the
Principal believes an incident is a law violation, she shall contact the Delray
Police Officer who shall then determine whether law enforcement action is
appropriate. The Delray Police Officer shall maintain high visibility on campus.
10.) The Delray Police Officer will, whenever possible, attend meetings
of the Delray Full Service Center's parent and faculty groups to solicit their
support and to promote awareness of law enforcement functions.
11.) The Delray Police Officer will, whenever possible, make
himself/herself available for conferences with students, parents, and faculty
members to assist them with problems of a law enforcement or crime prevention
nature.
12.) The Deiray Police Officer will be familiar with all community
agencies which offer assistance to the community so that referrals may be made
when appropriate.
13.) The Delray Police Officer, the Principal, and the School Police
Department shall confer when appropriate to develop plans and strategies to
prevent and/or minimize dangerous situations on or near the campus or
involving students at school related activities.
14.) Should it become necessary to conduct formal police inte~'views on
Delray Full Service Center campus with students or staff, the Delray Police
personnel shall abide by School Board Policy, Delray Police Policy, and legal
requirements regarding such interviews.
15.) The Delray Police Officer shall take law enforcement action as
necessary. As soon as practicable, the Delray Police Officer shall notify the
Principal and the School Police Department about any law enforcement action
undertaken on or near the Delray Full Service Center campus. At the Principal's
request, the Delray Police Officer shall take appropriate law enforcement action
against intruders and unwanted guests who may appear at the school and
related school functions, to the extent that the Delray Police Officer may do so
under the authority of law. Whenever practicable, the D~lray Police Officer shall
advise the Principal before requesting additional police assistance on campus.
16.) The Delray Police Officer will, whenever possible, participate in
and/or attend school functions.
17.) The Delray Police Officer shall be in full uniform while performinc~
all duties at the Delray Full Service Center.
18.) In the event the Principal of the school has reasonable belief that
the Delray Police Officer is not effectively performing his or his duties and
responsibilities, the Principal shall recommend to the Chief of School Police that
the Delray Police Officer be removed from the program at her school, and shall
state the reason(s) thereof in writing. Within a reasonable time after receiving
the recommendation from the Principal, the Chief of School Police shall advise
the Delray Chief of Police of the Principal's request. If the Delray Chief of
Police so desires, the Chief of School Police and the Delray Chief of Police shall
meet with the Delray Police Officer to mediate or resolve any problems which
may exist. At such meeting, specified members of the school staff may be
required to be present. If within a reasonable amount of time after
commencement of such mediation the problem cannot be resolved or mediated
to the satisfaction of the Principal, or in the event mediation is not sought by the
Delray Chief of Police, then the Delray Police Officer shall be removed from the
school and a replacement shall be obtained.
19.) This Agreement shall remain in effect from July 1, 1997, through
June 30, 1998, unless terminated sooner pursuant to Paragraph 20 of this
Agreement.
20.) Either party may terminate this Agreement without cause on thirty
(30) days notice, in writing, to the other party.
21.) This instrument contains the entire Agreement between the parties,
and no statement, promise, or inducements made by either party or agent of
either party this is not contained in this written Agreement shall be valid or
binding. This Agreement may not be enlarged, modified, or altered except in
writing, sighed by the parties and endorsed hereon.
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year above first written.
PALM BEACH COUNTY SCHOOL
BOARD
By:,
Chairman
By:¸
Superintendent of Schools
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor Jay Alperin
Attest:
City Clerk
Approved as to Form and Approved as to Form
Legal Sufficiency:
City Attorney - Delray Beach General Counsel - School Board
PBCSYSCT. agt/agree me nlsu blea
L.A.Q
4
Barbara ...
Re: Addendum to Interlocal Bulk Water Aqreement/Hiqhland Beach
The referenced item was approved as Item 8.D. on the consent
agenda on May 20, 1997. At staff meeting this morning, I asked
if we should go ahead and execute and send to Highland Beach, or
send it to them without first executing. Mr. Harden suggested we
check with Mary Ann Mariano, their Town Manager, to see how she
wants to handle it. According to her letter, she expects their
Commission to take action at a special meeting on May 27th and
indicates she will then return a fully executed copy to us.
Also, Joe Safford wants an executed copy of the agreement, so
send him one if we sign off on it and then a completed one when
we get it back.
Thanks.
Alison~~I~
May 21, 1997
TO: City Manager DATE: 5/20/97
PROM: Alison Harty
SUBJ: Agenda Item 8.D. - Addendum to
Interlocal Bulk Water Agreement
with Highland Beach
There is a typo on the cover memo for
this item. The surcharge percentage
in paragraph 2 should be 25%, not 24%
as shown.
You may want to note this correction
at the beginning of the meeting.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM # ~'U'- REGULAR MEETING OF MAY 20, 1997
ADDENDUM TO INTERLOCAL BULK WATER AGREEMENT/TOWN OF
HIGHLAND BEACH
DATE: MAY 15, 1997
On February 18, 1997, the City Commission approved an interlocal
agreement with the Town of Highland Beach for the sale and
purchase of City-treated, potable water to the Town for a contract
period of 25 years.
The purpose of the proposed addendum is to clarify certain aspects
of the agreement, including notice provisions, the imposition of a
the
~4~ surcharge over prevailing water rate charged
nonresidential users, and provision of an option for the renewal
of the agreement. A copy of the original interlocal agreement is
included for comparison purposes.
The addendum has been reviewed and approved as to form and legal
sufficiency by the City Attorney.
Recommend approval of the Addendum to the Interlocal Bulk Water
Agreement between the City and the Town of Highland Beach.
ref:agmemo4
Town of Highland Beach ArlinM~'~°rv~ress
Vice Mayor:
John F. Rand
Commissioners:
3614 SOUTH OCEAN BOULEVARD · HIGHLAND BEACH, FLORIDA 33487 DavidAugenstein
Thomas J. Reid
Michael W. Hill
561-278-4548 Town Manager:
Palm Beach County, Florida FAX 561-265-3582 Mary Ann Mariano
BY FACSIMILE AND REGULAR MAIL
May 14, 1997
David T. Harden, City Manager
City ofDelray Beach ~( ~ ~ ~99~
100 NW 1't Avenue
Delray Beach, FL 33444
Re: Interlocal Bulk Water Agreement
Dear David:
Pursuant to the meeting held on Monday, May 12, 1997 in your office, I enclose the
original and one copy of the amended Addendum to the above agreement for
consideration by your City Council. I believe that it accurately represents those
changes agreed upon at our meeting.
Please advise as to the time frame by which this Addendum might be acted upon by
your City Council. Please return two executed copies to me. I anticipate final action
by our Town Commission at a Special Meeting on May 27, after which a fully
executed copy will be returned to you for your files.
Thank you for your continuing courtesy in this matter.
.. ~Sincerely,
/ Mary A~a Mariano Town Manager
cc. Tom Sliney, Town Attorney
"Tree City U.S.A."
ADDENDUM TO
INTER.LOCAL AGREEM~NT BETWEEN THE CITY OF D~Y BEACH
AND THE TOWN OF HIGHLAND BEACH
THIS ADDENDUM TO INTER.LOCAL AGREEMF~wr, entered into this __ day
of , 1997 (hereinafter referred to as the "Addendum"), by and between the
CITY OF D~I.RAY BEACH, hereinafter referred to as "City", a municipal corporation existing
under the laws of the State of Florida, and the TOWN OF HIGI-ILAND BEACH, a municipal
corporation existing under the laws of the State of Florida, hereinafter referred to as "Town".
WITNESS ETH:
WHEREAS, the City and the Town have entered into an Interlocal Agreement
regarding sale of water from City to Town dated , hereinafter referred to as
"Bulk Water Agreement", and the parties wish to clarify certain terms of the Bulk Water
Agreement; and
W/-I~REAS, the City and the Town fred that this Addendum is the best means to clarify
aspects of said Bulk Water Agreement; and
W/-IF~S, the City and the Town desire to enter into this Addendum to Bulk Water
Agreement, pursuant to Section 163.01, Florida Statutes.
l~lOW, TI-II~ggORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitations set forth above are incorporated herein.
2. The first sentence of Paragraph 2 of said Bulk Water Agreement is mended to
read:
"The City shall sell and deliver to the Town, to the extent the
Town requests the City to do so, treated, potable water necessary
to fulfill the water requirements of the Town, up to 2,000,000
gallons per day, during the effective period of this
Agreement."
3. Paragraph 3 of said Bulk Water Agreement shall read:
"In the evem that the City becomes aware that the City is unable
or unwilling to fulfill the requirements of the Town, the City shall
deliver written notice to the Town at least 24 months prior to
reducing the amount of water delivered to the Town as set forth in
Paragraph 2 (as mddified herein); provided, however, that if the
City cannot fulfill the requirements due to actions, events or
regulations beyond the reasonable control of the City, the City
shall not be required to provide 24 months' notice but shall
endeavor to provide as much advance notice as is reasonably
practicable. Upon receipt of such notice the Town shall have the
right, without cancellation of this Agreement, to seek other
alternative sources of water to fulftll the needs of the inhabitants
of the Town. The City's inability to supply the requirements of
customers of the Town shall not terminate nor cancel this
Agreement; however, to the extent the City is unable to supply the
requirements of the Town, the Town shall be permitted to avail
itself of alternate sources of water."
4. Paragraph 8 of said Bulk Water Agreement shall read:
"The Town is to pay the City the prevailing water rate charged the
City of Delray Beach nonresidential users plus a surcharge of
25%. As the rote for Delray Beach non_residen~_iai users is
increased or decreased subsequent to the date of this contract the
rate payable by the Town shall float with said increases or
decreases so that the rate payable by the Town is always 25 %
greater than the water rate charged at any particular time to the
City of Delray Beach nonresidential users. The City shall bill
monthly for water delivered for the month prior to the bill. The
Town shall pay the City within thirty (30) days after delivery of
the City's bill to the Town."
5. Paragraph 20 of said Bulk Water Agreement shall read:
"This Agreement shall be and remain in full force and effect for
and during a period of twenty-five (25) years from the date of
execution by both parties. The City grants the Town the option to
renew the term of this Agreemem for five (5) additional periods of
five (5) years each. The Town may exercise the option to renew
by giving written notice to the City of its intent to renew no later
than eighteen (18) months prior to the expiration of the initial term
or subsequent renewal terms. Unless the City notifies the Town,
within sixty (60) days after the receipt of the Town's notice of
intent to renew, that the City does not accept the Town's exercise
of the option to renew, the term of this Agreement shall be
extended for an additional five years."
6. All other terms of the Agreement not specifically modified herein shall remain in
full force and effect.
7. This Addendum shall take effect upon its execution by both parties and its filing
with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
IN WITNESS WHEREOF, said City of Delray Beach, acting by and through its City
Commission as the governing body, has caused this Addendum to be executed in its name and
on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested
by the Clerk of said City, and the Town of Highland Beach, acting by and through its official
governmental body, has caused this Addendum to be executed in its behalf by its legal and
official representative, its official seal to be hereunto affixed, attested by the Clerk of said
municipality, the day and year first above written.
ATTEST: CITY OF DELRAY BEACH
By:
City Clerk Jay Al_perin, Mayor
Approved as to Form:
City Attorney
(see following page for execution by TOWN OF HIGHLAND BEACH)
ATrF_.~T: ~ TOWN OF HIGHLAND BEACH
By:
Town Clerk Arlin Voress, Mayor
Approved as to Form:
Town Attorney
722O7
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE TOWN OF HIGHLAND BEACH
THIS INTERLOCAL AGREEMENT, entered into this ~ day of ,
1996 (hereinafter referred to as the "Agreement"), by and between the CITY OF DELRAY
BEACH, hereinafter referred to as "City", a municipal corporation existing under the laws of
the State of Florida, and the TOWN OF HIGHLAND BEACH, a municipal corporation
existing under the laws of the State of Florida, hereinafter referred to as "Town".
WITNESSETH:
WHEREAS, the City and the Town have water lines in close proximity to each other
east of the Intracoastal Waterway; and
WHEREAS, the City and the Town desire to guard against the potential danger of
failure of water service to customers within their service area; and
WHEREAS, the Town desires to have an additional source of water supply, in addition
to its own wellfield; and,
WHEREAS, the City and the Town desire to address their mutual concern by entering
into this Interlocal Agreement, pursuant to Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
1. Recitations set forth above are incorporated herein.
2. The City shall sell and deliver to the Town, and the Town shall purchase and
receive from the City hereunder, treated, potable water necessary to fulfill the additional water
requirements of the Town, up to 2,000,000 gallons per day, during the effective period of this
contract. In the event that, despite all reasonable diligence exercised by the City in developing
and maintaining adequate sources of water supply, there should be at any time an insufficient
supply of water available to fulfill the requirements of customers of the Town, due to
prohibitions, restrictions, limitations or requirements of local, state or federal governmental
agencies having jurisdiction over such matters or due to any other causes beyond its control
such as, but not limited to, those more specifically set forth in Paragraphs 10 and 11 hereof,
the City shall be deemed to have fully performed its duties and to have discharged its
obligations hereunder if, in such circumstances, it shall furnish and deliver to the Town its
surplus water over and above the needs of the inhabitants of the City of Delray Beach.
3. In the event that the City is unable to fulfill the requirements of customers of
the Town, then the Town shall have the right, without cancellation of this agreement, to seek
other alternative sources of water to fulfill the needs of the inhabitants of the Town that are not
at that time being filled by the City. If the City is unable to supply the requirements of
customers of the Town this shall not terminate nor cancel this agreement.
4. If the Town requests an amount in excess of 500,000 gallons of water per day
then a water main upgrade will be required to be constructed in order to handle a larger
volume of water. The cost of the water main upgrade, if needed, will be shared by both
Parties equally. The Parties agree that the City shall construct the water main upgrade and
shall have 180 days to construct the upgrade after it is mutually agreed by the Parties that a
water main upgrade is needed.
5. The Parties agree that water will be delivered at the existing interconnect site at
or near the common municipal boundary east of the Intracoastal waterway.
2
6. The Town agrees that the interconnect and water meter may be located within
the Town's corporate limits if the City determines that it would be necessary to accommodate
the installation. The interconnect and water meter will be maintained by the City.
7. The Town agrees to share the cost of installing the interconnect and the water
meter equally with the City. Construction and installation of the interconnect and water meter
shall be performed by the City and completed within sixty (60) days of the execution of this
Agreement.
8. The Town is to pay the City the prevailing water rate charged to nonresidential
users outside the City. As the rate for nonresidential users is increased or decreased
subsequent to the date of this contract the rate payable by the Town shall float with said
increases or decreases. Payment by the Town to the City for water consumed shall be within
thirty (30) days after furnishing of monthly bills.
9. No prior or present agreements or representations shall be binding on the City
or the Town, except for that Agreement dated April 14, 1970 between the Parties, unless
included in this Agreement.
10. Any temporary cessation in delivery or pressure of water through the
interconnection caused by an act of God, fire, strike, civil or military authority, State, County
or Federal regulatory authority, insurrection or riot, civil unrest, or other action that is beyond
the reasonable control of the City shall not constitute a breach of this Agreement on the part of
the City, and the City shall not be liable to the Town or its customers for any loss or damage
resulting from such cessation of delivery or pressure.
11. During the terms of this Agreement the Parties shall be bound by their
ordinances governing water restrictions as well as any other applicable South Florida Water
Management District, County, State or Federal requirements governing water restrictions and
the Parties agree to enforce and abide by such restrictions within the service area, as long as
the same shall be binding upon both Parties. The Parties agrees to take all steps reasonable to
cure any defect resulting in the restriction.
12. Upon the occurrence of an Event Of Default by a Party, the non-defaulting Party
shall have the right to terminate this Agreement and its services hereunder, and to disconnect
or block the connection facilities. An Event of Default shall occur (1) upon failure of a Party
to pay when due any amount hereunder, which non-payment shall not have been cured by the
Party within thirty (30) days following the Party's receipt of written notice of such non-
payment, or (2) upon failure of the Party to cure any non-monetary default within thirty (30)
days after which it is given written notice, provided, however, that if such non-monetary
default cannot by its nature reasonably be cured within such thirty (30) day period, an Event of
Default shall not occur if the Party shall in good faith commence such cure within such period
and shall thereafter diligently and continuously pursue such cure to completion at the earliest
possible date. The full amount of all sums due or to become due to the non-defaulting Party
hereunder, including but not limited to any unpaid water charges and accrued interest thereon,
upon an Event of Default become immediately due and payable in full without further demand
or notice. It is further provided, however, that the defaulting Party's payment to the non-
defaulting Party of any disputed amounts shall not impair its rights to dispute or litigate any
such said amounts. Repeated and frequent defaults, although subsequently cured within the
4
thirty (30) day period, shall, in the non-defaulting Party's sole discretion, constitute a non-
curable default, and shall result in an acceleration of all sums due or to become due to the non-
defaulting Party. The remedies indicated by this paragraph shall be in addition to any other
remedy in law or in equity, which the non-defaulting Party might have or which might be
provided in this Agreement.
13. Each Party shall be responsible for its own negligence in connection with,
arising out of or incident to, the performance of this Agreement.
14. The invalidity of any portion, article, paragraph, provision, clause or any
portion thereof of this Agreement shall have no effect upon the validity of any other part or
portion hereof.
15. To the extent allowed by law the venue for any action arising from this
Agreement shall be in Palm Beach County, Florida.
16. This Agreement shall be governed by and in accordance with the Laws of the
State of Florida.
17. For the purpose of this Agreement, notices provided for herein shall be deemed
sufficient when addressed to the following addressees and deposited in the U.S. mail:
City: Office of the City Manager
City of Delray Beach Florida
100 N.W. 1st Avenue
Delray Beach, FL 33444
Town: Office of the Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, FL 33487
18. Neither the City, nor the Town, shall assign, convey or transfer any rights or
interest in this Interlocal Agreement without the written consent of the other.
19. All resolutions and agreements of the City and the Town in conflict or
inconsistent herewith are hereby repealed insofar as any conflict or any inconsistency exists.
20. This Agreement shall be and remain in full force and effect for and during a
period of twenty-five (25) years from the date of execution by both Parties.
21. The Agreement may be amended only in writing, executed by both Parties to
the Agreement and filed with the Clerk of Circuit Court pursuant to Florida Statute 163.01.
22. This Agreement shall take effect upon its execution by both Parties, and its
filing with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
IN WITNESS WHEREOF, said City of Delray Beach, acting by and through its City
Commission as the governing body, has caused this Agreement to be executed in its name and
on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested
by the Clerk of said City, and the Town of Highland Beach, acting by and through its official
governmental body, has caused this Agreement to be executed in its behalf by its legal and
official representative, its official seal to be hereunto affixed, attested by the Clerk of said
municipalitY, the day and year first above written.
ATTEST: CITY OF DELRAY BEACH
~ City Clerk ~5~t~erin,~or'
Approved as to Form:
~""'. City Attorney
6
ATTEST: TOWN OF HIGHLAND BEACH
By:
Town Clerk Mayor
Approved as to Form:
Town Attorney
highlnd.agt
7
[ITY OF I)ELRI1Y BEA[H
Writer's Direct Line: (407) 243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
ll[[[llll,DATE: May 12, 1997
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amendment to Declaration of Condominium - Block 60 Parking
Condominium
The Amendment to the above Declaration of Condominium was prepared by the
Community Development Agency (CRA) for the purpose of expanding the original 49
space parking condominium located in Block 60, Lots 5 and 6, to include additional
spaces 50 through 92 on Lots 3, 4 and 10 located directly to the north of existing
parking lot. The City owns 21 spaces in the original 49 space condominium (see
attached map). It is expected that the expansion of the condominium should result in a
lessor cost to the City for the expense of maintaining the common elements as the
maintenance cost of the common area will be spread over more parking space unit
owners.
By copy of this memorandum to David Harden, City Manager, our office requests that
the Amendment to the Block 60 Parking Condominium Declaration be placed on the
May 20, 1997 City Commission agenda for approval.
SAR:ci
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Chris Brown, CRA
block60.sar
~s~r~ LEGEND:
-
' LLEY r ffLeJ~J
[ ~ ~EVAT~ ~ r~ LO~EST P~T ~ ~ P~ /
~Rr~ o~rm m~ BOUNDARY SURVEY
BLOCK ~0 PARKING CONDOMINIU~
BOA,?D ~ P~L S~Y~S A~ ~S W ~PTER 6~17-~, FLORA
AO~STRATWE C~ ~AHT TO ~C~ ~72.027, ~A STA~TE[
O'BRIEN. SUlrER ~ O'8RIEN. INC
- -. 2601 NORTH FEDERAL HIGHWA
~ ~i~ DELRA Y BEACH FLORIDA
EEST AFLANTIC AVENUE s~ ~ ~A~R ~1~ (407) 276--~501 (~07)
o5/~2/g7 ~ON ~0:~4 [TX/RZ NO ~t25]
:~i ~ N. SII,IVroN AWVU~
"'~"' MAP OF BOUNDARY SURVEY
NO TES:
, r . OVER. AD ur[IrY
r~oo~ zoo= x ~OCK SO P4~ CO~~
EH = F~E HYDRANT ,/'_
CONC ~ CONCRETE
AMENDMENT AND RESTATEMENT OF THE
DECLARATION OF CONDOMINIUM
OF
BLOCK 60 PARKING CONDOMINIUM
THIS AMENDMENT AND RESTATEMENT OF THE DECLARATION OF
CONDOMINIUM OF BLOCK 60 PARKING CONDOMINIUM, as recorded in Official Record Book
8915, Pages 163 through 197, of the Public Records of Palm Beach County, Florida, is hereby made
by the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as
'Developer,' the BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC., hereinafter referred
to as 'Association,' and ONE HUNDRED PERCENT (100%) OF ALL UNIT OWNERS.
ARTICLE !
SUBMISSION STATEMENT
AND DEFINITIONS
The DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY and the CITY OF
DELRAY BEACH, being the owners of record of the fee simple title to the real property described
in Exhibit A situate, lying and being in Palm Beach County, Florida, hereby states and declares that
fee simple title to the real property described in Exhibit "A' is submitted to condominium form of
ownership, pursuant to Chapter 718, Florida Statutes, as presently constituted and in effect
(hereinafter referred to as the "Condominium Act'), and does herewith file for record this Declaration
of Condominium.
Said parcels of land which are part of the common elements of this Condominium and are
being reserved, as provided herein, for ingress, egress and construction purposes, drainage and for
furnishing utility and municipal services. Exhibit "A' is hereby annexed hereto and made a part
hereof.
DEFINITIONS. As used in this Declaration of Condominium and By-Laws and Exhibits
attached hereto, and all Amendments thereof, unless the context otherwise requires, the following
definitions shall prevail:
A. Assessment means a share of the funds required for the payment of Common
expenses, which from time to time is assessed against the Unit Owner.
B. Association means BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC., a non-profit corporation (hereinafter referred to as ~Association~), said
Association being the entity responsible for the operation of the Condominium.
C. B.y-Laws and Articles means the By-Laws and Articles of the Association as
they exist from time to time.
D. Condominium means that form of ownership of real property under which
units are subject to ownership by one or more owners, and there is appurtenant to each Unit, as part
thereof, an undivided share in the common elements.
E. Condominium Act means and refers to the Condominium Act of the State of
Florida (F.S. 718, et seq.) as presently constituted and in effect.
F. Condominium Documents means this Declaration, the Articles of Incorporation
and By-Laws of the Association and all other exhibits attached hereto, as amended.
G. Condominium parcel or Parcel means a Unit, together with the undivided
share in the Common elements which is appurtenant to the Unit.
H. Condominium property means and includes the lands and personal property
that are subject to the condominium form of ownership, whether or not contiguous, and thereto
intended for use in connection with the Condominium Parcel.
I. Common elements means the portions of the Condominium property not
included in the Units.
J. Common expenses means the expenses and assessments incurred by the
Association of the Condominium.
K. Common surplus means the excess of all receipts of the Association including,
but not limited to, assessments, rents, profits and revenues on account of the Common elements over
the Common expenses.
L. Declar#tion or D~claration of Condominium means this instrument and any
amendments thereto that may be recorded from time to time.
M. Developer means the DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY.
N. Institutional Mortua~ee means a bank, savings and loan association, insurance
company or union pension fund authorized to do business in the United States of America, an Agency
of the United States Government, a real estate or mortgage investment trust, or a lender generally
recognized in the community as an institutional type lender. An individual mortgage on a Unit may
be placed through an institutional mortgagee or title company.
O. Occupant means the person or persons in possession of a Unit, including the
Unit owner.
P. Unit or Condominium Unit is a Unit, together with the undivided share of
the Common elements that is appurtenant to the Unit; and when the context permits, the term
includes all of the appurtenances to the Unit.
Q. Unit owner or Owner of a Unit means the owner or group of owners of a
Condominium parcel.
R. Reuulations means the rules or regulations respecting the use of the
Condominium property that have been adopted by the Association from time to time in accordance
with its Articles of Incorporation and By-Laws.
S. Sinuulur. Plural. Gender Whenever the context so permits, the use of the
plural shall include the singular, the use of the singular shall include the plural, and the use of any
gender shall be deemed to include all genders.
Unles~ the context otherwise requires, all other terms used in this Declaration shall be assumed
to have the meaning attributed to said term by F.S. 718.103 of the Condominium Act.
ARTICLE ii
CONDOMINIUM NAME
The name by which this Condominium is to be identified shall be BLOCK 60 PARKING
CONDOMINIUM.
ARTICLE ili
SURVEY, PLOT PLAN, GRAPHIC DESCRIPTION
AND IDENTIFICATION OF UNITS
A. Survey Exhibits. The Survey Exhibits, annexed hereto and made a part of this
Declaration are the following exhihits~ to-wit:
Exhibit A: Plot Plan, legal description, graphic depiction for all units, Surveyor's
Certificate.
Exhibit B: Percentage ownership in common elements and expenses
The above exhibits are hereinafter referred to collectively as the NSurvey Exhibits.H
At the time of the execution of this Declaration, the lands described in Exhibit NAN have been
submitted to condominium form of ownership. Accordingly, the Survey Exhibits representing the
Condominium are certified by a Florida Registered Land Surveyor indicating statutory compliance
with Section 718.104(4)~e), Florida Statutes. An overall plot plan of the Condominium is annexed to
this Declaration as Exhibit *A* and the same reflects the Condominium in detail. Exhibit *A*
constitutes a Plot Plan and survey over all of the Condominium.
B. Unit Identification. The Units of the Condominium are parking spaces and
are described more particularly as follows:
1. Unit Plans. There are ninety-two (92) units in the Condominium. See
Exhibit HAN for graphic depiction.
2. Unit Numbers. Each unit will be identified by a number preceded by
the word NUnit.~ All units are so numbered and identified in the Plot Plan attached as Exhibit NA.*
C. Unit Boundaries. The boundaries of each unit shall be determined in the
following manner:
1. Upper and lower boundaries. The upper and lower boundaries of a
Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries:
(a) Upper boundaries: the upper boundary is the plane of air space
eight (8) feet above the lower boundary.
(b) Lower boundaries: the plane of the paved and finished parking
surface.
2. Perimetrical boundarie!. The perimetrical boundaries of the Unit shall
be the vertical planes of the space extended to intersections with the upper and lower boundaries as
depicted in Exhibit A.
ARTICLE IV
VOTING RIGHTS
Each Unit owner shall automatically acquire a membership interest in the Association, and
each Condominium unit is assigned one vote.
In the event of multiple ownership of a Unit, or corporate ownership of a Unit, only one
owner shall be entitled to vote at any meeting. Such person shall be known (as is hereinafter referred
to) as a MVoting Member.N The owners of such Unit shall designate one of them as the Voting
Member, or in the case of a corporate Unit Owner, an officer or an employee thereof shall be the
Voting Member. The designation of the Voting Member shall be made as provided by and subject
to the provisions and restrictions set forth in the By-Laws of the Association. The total number of
votes shall be equal to the total number of Units in the Condominium and each Condominium Unit
shall have no more and no less than one (1) vote in the Association.
ARTICLE V
COMMON ELEMENTS
Common elements. Each of the Condominium Unit owners shall own an undivided interest
in the Common elements as set forth in Exhibit "B.'
The fee title to each Condominium parcel shall include both the Condominium Unit and the
above respective undivided interest in the Common elements, said undivided interest in the Common
elements to be deemed to be conveyed with and encumbered with its respective Condominium unit.
Any attempt to separate the fee title to a Condominium unit from the undivided interest in the
Common elements appurtenant to each Unit shall be null and void. The term 'Common elements'
when used throughout this Declaration, shall mean both Common elements and Limited common
elements, unless the context otherwise specifically requires. Each Unit owner shall share in the
Common expenses in the same proportion as their percentage ownership interest in the Common
elements and Common surplus and such Common expenses may be assessed against them pursuant to
Article IX of this Declaration.
ARTICLE VI
AMENDMENT
Except as elsewhere provided, this Declaration of Condominium may be amended in the
following manner:
A. Notice. Notice of the subject matter of a proposed amendment shall be
included in the notice of any meeting at which a proposed amendment is considered. No provisions
of the declaration shall be revised or amended by reference to its title or number only. Proposals to
amend existing provisions of the declaration shall contain the full text of the provision to be amended;
new words shall be inserted in the text underlined; and words to be deleted shall be lined through
with hyphens. However, if the proposed change is so extensive that this procedure would hinder,
rather than assist, the understanding of the proposed amendment, it is not necessary to use
underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be
inserted immediately preceding the proposed amendment in substantially the following language:
"Substantial rewording of declaration. See provision .... for present text." Nonmaterial errors or
omissions in the amendment process shall not invalidate an otherwise properly promulgated
amendment.
B. Adoption. A resolution for the adoption of a proposed amendment may be
proposed by either the Board of Directors of the Association or by the members at a meeting called
for this purpose. Directors and members not present in person or by proxy at the meeting considering
3
the amendment may express their approval in writing, providing that approval is delivered to the
secretary at or prior to the meeting. Except as elsewhere provided, the approvals must be either by:
1. not less than a majority of the entire membership of the Board of
Directors and by not less than two-thirds of the votes of the entire voting interests of the Association;
or
2. not less than two-thirds of the votes of the entire voting interest of the
Association;
3. not less than $1% of the entire membership of the Board of Directors
in the case of amendments that are only for one or more of the following purposes:
(a) To correct misstatements of fact in the Declaration and its
exhibits, including but not limited to the correction of errors in the legal description of land or in
surveys of land. If the amendment is to correct the Declaration of Condominium so that the total of
the undivided shares of unit owners in either the common elements, common surplus or common
expenses shall equal 100%, the owners of the units and the owners of liens on the units for which
modifications in the shares are being made also shall approve the amendment.
(b) To change the boundaries between units in the manner
elsewhere stated provided the amendment is signed and acknowledged by the owners, lienors and
mortgagees of the units concerned.
(c) To adopt amendments of the section entitled 'Insurance' that
are reasonably required by insurers or mortgagees of condominium property, or
(d) Until the members are entitled to elect a majority of the
directors, only by all of the directors, provided the amendment does not increase the number of units
allowed by the Declaration nor encroach upon the boundaries of the common elements.
C. Proviso. Provided, however, that no amendment shall discriminate against any
unit owner nor against any unit or class or group of units, unless the unit owners so affected shall
consent; and no amendment shall change any unit nor decrease the share in the common elements
appurtenant to it, nor increase the owner's share of the common expenses, unless the record owner
of the unit concerned and all record owners of mortgages on that unit shall join in or consent to the
execution of the amendment. Neither shall an amendment make any change in the sections entitled
'Insurance,~ *Reconstruction or repair after casualtyN unless the record owners of all mortgages upon
the condominium shall join in the execution of the amendment.
D. Execution and recording. An Amendment adopted in any manner shall be
evidenced by attaching a copy of the amendment to a certificate certifying that the amendment was
duly adopted, which certificate shall be executed by the officers of the Association with the
formalities of a deed. The amendment shall be effective when the certificate and copy of the
amendment are recorded in the Public Records of Palm Beach County, Florida. If the amendment
is to correct the Declaration of Condominium so that the total of undivided shares of unit owners in
either the common elements, common surplus or common expenses shall equal 100%, the owners of
the units and the owners of liens on the units for which modification in the shares are being made
also shall execute the certificate.
E. Exceptions. Notwithstanding the other paragraphs of this Article VI, the
Developer expressly reserves the right to amend this Declaration for one or any combination of the
following purposes:
1. To conform to the requirements of any prospective institutional
mortgagee; or
2. To conform this Declaration to the requirements of any valid statute
or rule or regulation affecting the subject matter hereof.
Said Amendments may be made and executed solely by the Developer and without any
requirement of securing the consent of any Unit owners or any others, and without regard to any
other provision herein contained regarding Amendments, and said Amendment shall be duly filed in
the Public Records of Palm Beach County, Florida.
Notwithstanding the provisions of this Article VI, the Declaration and exhibits thereto, where
applicable, may be amended for the purposes set forth and pursuant to F.S. 718.110(5) and the
Declaration and exhibits thereto, where applicable, may be amended for the purposes set forth and
pursuant to F.S. 718.110(5) and the Declaration and exhibits thereto, where applicable, may be
amended for the purposes set forth and pursuant to the provisions of F.S. 718.304(1), in the event
there is unanimous approval of the full Board of Directors.
ARTICLE VII
ASSOCIATION
The operating entity of the Condominium shall he BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC., a Florida nonprofit corporation, which is responsible for the operation of the
Condominium. The Association shall have all of the powers and duties set forth in the Condominium
Act, as well as all of the powers and duties granted to or imposed upon it by this Declaration, the By-
Laws of the Association and its Articles of Incorporation, a copy of said Articles of Incorporation
being attached hereto, marked Exhibit 'C,' and made a part hereof, and all of the powers and duties
necessary to operate the Condominium, as set forth in this Declaration and the By-Laws and as they
may be amended from time to time.
Every owner of a Condominium parcel, whether he has acquired his ownership by purchase,
by gift, by conveyance or transfer by operation of law, or otherwise, shall be bound by the By-Laws
and Articles of Incorporation of the Association, the provisions of this Declaration and all exhibits
attached hereto. Membership in the Association shall terminate upon the termination of ownership
of a Condominium parcel in this Condominium.
ARTICLE VIII
BY-LAWS
The operation of the condominium property shall be governed by the By-Laws of the
Association, which are set forth in a document which is annexed to this Declaration, marked Exhibit
'D' and made a part hereof.
No modification of or amendment to the By-Laws of said Association shall be valid unless set
forth in or attached to a duly recorded amendment to this Declaration. The By-Laws may be
amended in the manner provided for therein, but no amendment to said By-Laws shall be adopted
which would affect or impair the validity or priority of any mortgage covering any Condominium
parcel of which would change the provisions of the By-Laws with respect to institutional mortgagees
of record. No amendment shall change the rights and privileges of the Developer without the
Developer's written consent.
ARTICLE IX
ASS .ESSME.NT_S
The Association, through its Board of Directors, shall have the power to fix and determine
from time to time the sum or sums necessary and adequate to provide for the Common expenses of
the Condominium property and such other assessments as are specifically provided for in this
Declaration and exhibits attached hereto. The procedure for the determination of all such assessments
shall be as set forth in the By-Laws of the Association, this Declaration and the exhibits attached
hereto.
The Common expenses shall be assessed against each Condominium unit as provided for in
Article V of this Declaration. Assessments and installments that are unpaid for over ten (10) days
after due date shall bear interest at the rate of eighteen percent (18%) per annum from the due date
until paid, and at the sole discretion of the Board of Directors a late charge of Twenty-Five and
so/100 Dollars ($25.00) shall be due and payable; provided, however, that such charge shall not
exceed the maximum amount allowed by Florida law.
The budget shall be made for the calendar year annually, in advance, on December
preceding the year for which assessments are made. Assessments shall be due in four (4) quarterly
installments on the first days of January, April, July and October. la the event that such annual
badger proves to be insufficient, it may be amended at any time, in writing, by resolution of the
Board of Directors of the Association, and the unpaid assessment for the remaining portion of the
year shall be apportioned over the remaining quarterly installments for that year. If aa annual budget
is not made as required, a payment in the amount required by the last prior assessment shall be due
upon each assessment payment date until changed by a new assessment.
The Association shall have a lien on each Condominium parcel for unpaid assessments,
together with interest thereon, against the Unit. Reasonable attorneys' fees, including fees on appeal,
incurred by the Association incident to the collection of such assessments or the enforcement of such
lien, together with all sums advanced and paid by the Association for taxes and payments on account
of superior mortgages, liens or encumbrances which may be required to be advanced by the
Association in order to preserve and protect its lien, shall be payable by the Unit Owner and secured
by such lien. The aforesaid lien shall also include those sums advanced on behalf of a Unit Owner
in payment of his obligation under any Management Agreement, and the Board of Directors may take
such action as they deem necessary to collect assessments by personal action or by enforcing said lien
and may settle and compromise same if deemed in its best interests. Said lien shall he effective as and
in the manner provided for by the Condominium Act and shall have the priorities established by said
Act. The Association shall be entitled to bid at any sale held pursuant to a suit to foreclose an
assessment lien, and to apply as a cash credit against its bid all sums due, as provided herein, covered
by the lien enforced. In case of such foreclosure, the Unit Owner may be required by the Court, in
its discretion, to pay a reasonable rental for the Condominium Parcel for the period of time said
Parcel is occupied by the Unit owner or anyone by, through, or under said Unit Owner, and Plaintiff
in such foreclosure shall be entitled to the appointment of a Receiver to payable by the Unit Owner
and secured by such lien. The aforesaid lien shall also include those sums advanced on behalf of a
Unit Owner in payment of his obligation under any Management Agreement, and the Board of
Directors may take such action as they deem necessary to collect assessments by personal action or by
enforcing said lien and may settle and compromise same if deemed in its best interests. Said lien shall
be effective as and in the manner provided for by the Condominium Act and shall have the priorities
established by said Act. The Association shall be entitled to bid at any sale held pursuant to a suit
to foreclose as assessment lien, and to apply as a cash credit against its bid all sums due, as provided
herein, covered by the lien enforced. In case of such foreclosure, the Unit owner shall be required
to pay a reasonable rental for the Condominium parcel for the period of time said Parcel is occupied
by the Unit Owner or anyone by, through, or under said Unit Owner, and Plaintiff in such
foreclosure shall be entitled to the appointment of a Receiver to collect same from the Unit Owner
and/or occupant.
Where the institutional mortgagee of a first mortgage of record, or the mortgagee joining in
this Declaration or his assigns, or other purchaser of a Condominium Parcel, obtains title to the Parcel
as a result of foreclosure or by the institutional first mortgagee of record or the mortgagee ioining
in this Declaration or his assigns accepting a deed to said Condominium Parcel in lieu of foreclosure,
such acquirer of title, its successors and assigns, shall not be liable for the share of common expenses
or assessments owed to the Association pertaining to such Condominium Parcel, or chargeable to the
former Unit Owner of such Parcel, which became due prior to such acquisition of title, unless such
share is secured by a Claim of Lien (for the expenses or assessments) that is recorded prior to the
recording of the mortgage sought to be foreclosed. Such unpaid share of common expenses or
assessments shall be deemed to be common expenses collectible from all of the Unit Owners, including
such acquirer, his successors and assigns.
The Association, acting through its Board of Directors, shall have the right to assign its claim
and lien rights for the recovery of any unpaid assessments to the Developer, or to any Unit Owner
or group of Unit Owners, or to any third party.
ARTICLE X
SALE, RENTAL, MORTGAGING, OR OTHER
ALIENATION OF CONDOMINIUM PARCELS
Maintenance of community interests. In order to maintain a community of congenial owners
who are financially responsible and thus protect the value of the units, the transfer of units by any
owner other than the Developer shall be subject to the following provisions as long as the
condominium exists in useful condition upon the land, which provisions each unit owner covenants
to observe:
A. Transfers subiect to avproval.
1. ,~ale. No unit owner or lessee of a unit may dispose of a unit or any
interest in a unit by sale without approval of the Association except to the owner of another unit.
2. Lease. No unit owner or lessee of a unit may dispose of a unit or any
interest in a unit by lease without approval of the Association except to the owner of another unit.
Notwithstanding the foregoing, any units owned by the City of Deiray Beach or the Community
Redevelopment Agency of Delray Beach may be leased or licensed for use without the approval of
the Association.
3. Gift. If any unit owner shall acquire his title by gift, the continuance
of his ownership of his unit shall be subject to the approval of the Association.
4. Devise or inheritance. If any unit owner shall acquire his title by
devise or inheritance, the continuance of his ownership of his unit shall be subject to the approval
of the Association.
5. Other transfers. If any unit owner shall acquire his title by any manner
not considered in the foregoing subsections, the continuance of his ownership of his unit shall be
subject to the approval of the Association.
B. A~oroval by Association. The approval of the Association that is required for
the transfer of ownership of units shall be obtained in the following manner:
1. Notice to Association.
(a) Sale. A unit owner intending to make a bona fide sale of a unit
or any interest in it shall give to the Association notice of that intention, together with the name and
address of the intended purchaser and such other information concerning the intended purchaser as
the Association may reasonably require. The notice at the unit owner's option may include a demand
by the unit owner that the Association furnish a purchaser of the unit if the proposed purchaser is
not approved; and if that demand is made, the notice shall be accompanied by an executed copy of
the proposed contract to sell.
(b) Lease. A unit owner intending to make a bona fide lease of a unit
or any interest in it shall give to the Association notice of that intention, together with the name and
address of the intended lessee, such other information concerning the intended lessee as the
Association may reasonably require and an executed copy of the proposed lease.
(c) Gift. Devise or inheritance; other transfers. A unit owner
intending to make a gift of a unit or any interest in a unit, and a unit owner who has obtained his title
by gift, devise or inheritance, or by any other manner not previously approved by the Association,
shall give to the Association notice of the proposed gift or of the acquiring of title, together with such
information concerning the transferee as the Association may reasonably require, and a certified copy
of the instrument evidencing a transferee's title.
(d) Failure to give notice. If the above-required notice to the
Association is not given, then at any time after receiving knowledge of a transaction or event
transferring ownership or possession of a unit, the Association at its election and without notice may
approve or disapprove the transaction or ownership. If the Association disapproves the transaction
or ownership, the Association shall proceed as if it had received the required notice on the date of
the disapproval.
(e) Costs. A unit owner who is required to give notice to the
Association of a transfer of ownership shall pay a reasonable fee to the Association in an amount
determined by the regulations, but not to exceed $50, to cover the costs incident to the determination
by the Association. The fee shall be paid with the giving of the notice, and the notice shall not be
complete unless the fee is paid; and if the notice is not given, the fee shall be assessed against the
party owning the unit at the time of the assessment.
2. Certificate of approval.
(a) Sale. If the proposed transaction is a sale, then within thirty (30)
days after receipt of the notice and information the Association must either approve or disapprove
the proposed transaction. If approved, the approval shall be stated in a certificate executed by the
president and secretary of the Association in recordable form. The certificate shall be recorded in
the Public Records of Palm Beach County, Florida, at the expense of the purchaser.
(b) Lease. If the proposed transaction is a lease, then within thirty
(30) days after receipt of the notice and information the Association must either approve or
disapprove the proposed transaction. If approved, the approval shall be stated in a certificate
executed by the president and secretary of the Association in recordable form, which, at the election
of the Association, shall be delivered to the lessee or shall be recorded in the Public Records of Palm
Beach County, Florida, at the expense of the lessee.
(c) Gift; devise or inheritance; other transfers. If the notice is of an
intended gift or the unit owner giving notice has acquired his title by gift, devise or inheritance or
in any other manner not previously approved by the Association, then within thirty (30) days after
receipt of the notice and information the Association must either approve or disapprove the donee
or the continuance of the transferee's ownership of his unit. If approved, the approval shall be stated
in a certificate executed by the president and secretary of the Association in recordable form. The
certificate shall be recorded in the Public Records of Palm Beach County, Florida, at the expense of
the Unit Owner.
3. Approval of corporate owner or purchaser. Since the condominium
may be used only for residential purposes and a corporation cannot occupy a unit for that use, the
approval of ownership of a unit by a corporation may be conditioned by requiring that all persons
occupying the unit be approved by the Association.
C. Disapproval by the Association. If the Association shall disapprove a transfer
of ownership of a unit, the matter shall be treated in the following manner:
1. Sale. If the proposed transaction is a sale and if the notice of sale given
by the unit owner shall so demand, then within thirty (30) days after receipt of the notice and
information the Association shall deliver or mail by certified mail to the unit owner an agreement
signed by a purchaser approved by the Association and obligating the purchaser to buy the unit upon
the terms hereafter stated. The Seller shall be obligated to sell the unit to the purchaser upon the
following terms:
(a) At the option of the purchaser to be stated in the agreement, the
price to be paid shall be that stated in the disapproved contract to sell or shall be the fair market value
determined by arbitration in accordance with the then existing rules of the American Arbitration
Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration
Association who shall base their determination upon an average of their appraisals of the unit; and
a judgment of specific performance of the sale upon the decision rendered by the arbitrators may be
entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the
purchaser.
(b) The purchase price shall be paid in cash, or upon the same terms
and conditions provided for in the disapproved contract at the option of the Association.
(c) The sale shall be closed within thirty (30) days after the delivery
or mailing of the agreement to purchase, or within ten (10) days after the determination of the sale
price if it is by arbitration, whichever if the later.
(d) A certificate of the Association executed by its president and
secretary and approving the purchaser shall be recorded in the Public Records of Palm Beach County,
Florida, at the expense of the purchaser.
(e) If the Association shall fail to provide a purchaser upon the
demand of the unit owner in the manner provided, or if a purchaser furnished by the Association
shall default in his agreement to purchase, then notwithstanding the disapproval the proposed
transaction shall be deemed to have been approved and the Association shall furnish a certificate of
approval as elsewhere provided. The certificate shall be recorded in the Public Records of Palm
Beach County, Florida, at the expense of the purchaser.
2. Lease. If the proposed transaction is a lease, the unit owner shall be advised
in writing of the disapproval and the lease shall not be made.
3. Giftsl devise or inheritancel other transfer. If the notice is of a proposed gift,
the unit owner shall be advised in writing of the disapproval and the gift shall not be made. Any
attempted gift to a party who is not approved by the Association shall be void. If the unit owner
givin8 notice has acquired his title by gift, devise or inheritance, or in any other manner, then within
thirty (30) days after receipt from the unit owner of the notice and information required to be
furnished, the Association shall deliver or mail by certified mail to the unit owner an agreement
signed by a purchaser approved by the Association and obligating the purchaser to buy the unit upon
the terms hereafter stated. The seller shall be obligated to sell the unit to the purchaser upon the
following terms:
(a) The sale price shall be the fair market value determined by
agreement between the seller and purchaser within thirty (30) days from the delivery or mailing of
the agreement. In the absence of agreement as to price, the price shall be determined by arbitration
in accordance with the then existing rules of the American Arbitration Association, except that the
arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base
their determination upon an average of their appraisals of the unit. A judgment of specific
performance of the sale upon the decision rendered by the arbitrators may be entered in any court
of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser.
(b) The purchase price shall be paid in cash or upon terms approved
by the seller.
(c) The sale shall be closed within ten (10) days following the
determination of the sale price.
(d) A certificate of the Association executed by its president and
secretary and approving the purchaser shall be recorded in the public records of Palm Beach County,
Florida, at the expense of the purchaser.
(e) If the Association shall fail to provide a purchaser in the manner
provided, or if a purchaser furnished by the Association shall default in his agreement to purchase,
then notwithstanding the disapproval the ownership shall be deemed to have been approved, and the
Association shall furnish a certificate of approval as elsewhere provided. The certificate shall be
recorded in the Public Records of Palm Beach County, Florida, at the expense of the unit owner.
D. Mortffa~,e. No unit owner may mortgage a unit nor any interest in it without
the approval of the Association except to a bank, life insurance company, or savings and loan
association, or to a vendor to secure a portion or all of the purchase price. The approval of any other
mortgagee may be upon conditions determined by the Association or may be arbitrarily withheld.
E. Exceotions. The foregoing provisions of the section entitled "Maintenance of
Community Interests" shall not apply to:
1. A transfer to or purchase by a bank, life insurance company or savings
and loan association, or the mortgagee joining in this Declaration or his assigns that acquires its title
as the result of owning a mortgage upon the unit concerned, whether the title is acquired by deed
from the mortgagor, his successors or assigns, or through foreclosure proceedings;
2, A transfer, sale or lease by a bank, life insurance company or savings
and loan association, or the mortgagee joining in this Declaration or his assigns that so acquires its
title;
3. A transfer to a purchaser who acquires the title to a unit at a duly
advertised public sale with open bidding that is provided by law, such as but not limited to execution
sa[e, foreclosure sale, judicial sale or tax sale;
4. A mortgage or transfer to or a purchase or other acquisition
by Developer, nor to a lease, mortgage, sale or other transfer by Developer.
F. Unauthorized transactions. Any sale, mortgage, lease or assignment of lease
that is not authorized pursuant to the terms of this declaration shall be void unless subsequently
approved by the Association.
ARTICLE Xl
INSURANCE
The insurance other than title insurance that shall be carried upon the condominium property
and the property of the unit owners shall be governed by the following provisions:
A. purchase; named insured; c.ustody and payment of policies.
1. Purchase. All insurance policies upon the condominium property shall
be purchased by the Association and shall be issued by an insurance company authorized to do
business in Florida.
2. App.r.oyal. Each insurance policy and the agency and company issuing
the policy shall be subject to approval by the bank, savings and loan association or insurance company
that, according to the roster of mortgagees at the time for approval, is the owner and holder of the
oldest unsatisfied mortgage held by such an institution upon a unit covered by the policy. The
approval may be obtained by directing to the mortgagee having the right of approval a request in
writing for approval or disapproval within ten (10} days after the receipt of the request; and if a
response from the mortgagee is not received within that ten-day period, the request shall be deemed
to be approved. An approval shall not be unreasonably withheld or denied.
3. Named insured. The named insured shall be the Association
individually and as agent for the owners of units covered by the policy without naming them, and
shall include mortgagees as loss payees listed in the roster of mortgagees who hold mortgages upon
units covered by the policy whether or not the mortgagees are named. Unit owners may obtain
insurance coverage at their own expense upon their personal property and for their personal liability
and living expense.
4. Custody of policies and payment of proceeds. All policies shall provide
that payments for losses made by the insurer shall be paid to the insurance trustee designated by the
Board of Directors of the Association, and all policies and endorsements on them shall be deposited
with the insurance trustee.
5. Copies to mortgagees. One copy of each insurance policy and of all
endorsements on it shall be furnished upon request by the Association to each mortgagee included in
the mortgagee roster who holds mortgages upon units covered by the policy. The copies shall be
furnished not less than ten days prior to the beginning of the term of the policy or not less than ten
days prior to the expiration of each preceding policy that is being renewed or replaced, whichever
date shall first occur.
B. Coverage.
1. Casualty. All improvements upon the land shall be insured in such
amounts that the insured will not be a co-insurer except under deductible clauses required to obtain
coverage at a reasonable cost. The coverage shall exclude foundation and excavation costs, that part
of the value of each unit occasioned by special improvement not common to units otherwise
comparable in construction and finish, and all increase in value of units occasioned by alterations,
betterments and further improvement. All personal property included in the common elements shall
be insured. Values of insured property shall be determined annually by the Board of Directors of the
Association. Insurance coverage shall afford protection against:
(a) loss or damage by fire and other hazards covered by a standard
extended coverage endorsement, and
(b) such other risks as from time to time shall be customarily covered
with respect to buildings similar in construction, location and use as the buildings on the land,
including but not limited to insurance covering flooding, vandalism and malicious mischief. The
bailee liability, if any, of the Association to unit owners shall be insured.
The policies shall state whether the following items are included within the coverage
in order that unit owners may insure themselves if the items are not insured by the Association; air
handling equipment for space cooling and heating; service equipment, such as dishwasher, laundry,
refrigerator, oven, stove, water heater, whether or not those items are built-in equipment; interior
fixtures such as electrical and plumbing fixtures; and windows and screens.
When appropriate and possible, the policies shall waive the insurer's right to
(1) subrogation against the Association and against the unit owners
individually and as a group;
(2) the prorata clause that reserves to the insurer the right to pay only
a fraction of any loss if other insurance carriers have issued coverage upon the same risk; and
(3) avoid liability for a loss that is caused by an act of the Board of
Directors of the Association, or by a member of the Board of Directors of the Association or by one
or more unit owners.
2. Public Liability in such amounts and with such coverage as shall be
required by the Board of Directors of the Association and with cross liability endorsement to cover
liabilities of the unit owners as a group to a unit owner.
3. Workmen's Compensation Policy to meet the requirements of law.
4. such other insurance as the Board of Directors of the Association shall
determine from time to time to be desirable.
C. Premiums. Premiums upon insurance policies purchased by the Association
shall be paid by the Association as a common expense, except that the amount of increase in the
premium occasioned by use for other than a residence, or misuse, occupancy or abandonment of a
unit or its appurtenances or of the common elements by a unit owner shall be assessed against and
paid by that owner. Not less than ten days prior to the date when a premium is due, evidence of the
payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees.
D. In.s. urance trustee; shares of proceeds. All insurance policies purchased by the
Association shall be for the benefit of the Association and the unit owners and their mortgagees as
their interests may appear, and shall provide that all proceeds covering property losses shall be paid
to such bank in Florida with trust powers as may be designated as insurance trustee by the Board of
Directors of the Association, which trustee is referred to in this instrument as the Insurance Trustee.
The Insurance Trustee shall not be liable for payment of premiums nor for the renewal or the
sufficiency of policies nor for the failure to collect any insurance proceeds. The duty of the
Insurance Trustee shall be to receive and hold the insurance proceeds and other funds that are paid
to it in trust for the purposes elsewhere stated in this instrument and for the benefit of the unit
owners and their mortgagees in the following shares, but which share need not be set forth on the
records of the Insurance Trustee:
1. Unit Owners - an undivided share for each unit owner, that share being
the same as the undivided share in the common elements appurtenant to his unit.
2. Mort~aRes. In the event a mortgagee endorsement of an insurance
policy has been issued as to a unit and this is deposited with the Insurance Trustee, the share of the
unit owner shall be held in trust for the mortgagee and the unit owner as their interests may appear;
provided, however, that no mortgagee shall have any right to determine or participate in the
determination as to whether or not any damaged property shall be reconstructed or repaired, and no
mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any
insurance proceeds except distributions of proceeds made to the unit owner and mortgagee.
E. Distribution of Proceeds. Proceeds of insurance policies received by the
Insurance Trustee shall be distributed to or for the benefit of the beneficial owners in the manner
hereafter provided in the section entitled 'Reconstruction or Repair After Casualty".
F. Association as Aeent. The Association is irrevocably appointed agent for each
unit owner and for each owner of a mortgage or other lien upon a unit and for each owner of any
other interest in the condominium property, to adjust all claims arising under insurance policies
purchased by the Association and to execute and deliver releases upon the payment of claims.
10
G. Benefit of Mort~,aaee. Certain provisions in this section entitled "Insurance"
' ' are for the benefit of mortgagees of condominium parcels. All of these provisions are covenants for
the benefit of any mortgagee of a unit and may be enforced by that mortgagee.
ARTICLE Xil
RECONSTRUCTION AND REPAIR AFTER CASUALTY
A. Report of Damag.e. If any part of the condominium property shall be damaged
and insurance proceeds or other funds are paid to the Insurance Trustee on account of the damage,
a report of the damage shall be submitted by the Association to the Insurance Trustee. The report
shall include the following information:
(a) Date and cause of damage.
(b) Schedule of damage of which the Association has responsibility
for reconstruction and repair and the estimated costs of reconstruction and repair.
(c) Whether damaged property for which the Association has
responsibility for reconstruction and repair includes structural parts of a building.
(d) Schedule of damage for which unit owners have the responsibility
for reconstruction and repair and the estimated costs of each owner for reconstruction and repair.
The Insurance Trustee shall approve the manner of determining the estimated
costs of reconstruction and repair and the finding as to whether the damaged property includes
structural parts of a building, or the report of damage shall be substantiated by an attached report of
an architect qualified to practice in this state.
B. Responsibility for reconstruction and repair. The responsibility for
reconstruction and repair after casualty shall be the same as for maintenance and repair of the
condominium property as provided in the section entitled "Maintenance, alteration and improvement".
C. Plans and specifications. Any reconstruction and repair must be substantially
in accordance with the plans and specifications for the original improvements, portions of which are
attached as exhibits; or if not, then according to plans and specifications approved by the Board of
Directors of the Association, and if the damaged property is the apartment building, by the owners
of not less than 75% of the common elements, including the owners of all units the plans for which
are to be altered.
D. Assessments; determination of sufficiency of funds.
1. Assessments. If the proceeds of insurance are not sufficient to defray
the estimated costs of reconstruction and repair for which the Association is responsible, or if at any
time during that work or upon the completion of the work the funds available for the payment of the
coats are insufficient, assessments shall be made by the Association against all unit owners in
sufficient amounts to provide funds for the payment of those costs. The assessments shall be made
as for a common expense, except that the cost of construction, reconstruction and repair occasioned
by special improvement made at the request of the owner and not common to other units shall be
assessed to the owner of the unit.
2. Determination of sufficiency of funds. If the estimated costs of
reconstruction and repair for which the Association is responsible do not exceed $15,000, the
sufficiency of funds to pay the costs shall be determined by the Board of Directors of the Association
and the sums paid upon the assessments shall be held by the Association. If the estimated costs exceed
$15,000, the sufficiency of funds to pay the costs shall be determined by an architect qualified to
practice in Florida and employed by the Association to supervise the work, and the sums paid upon
the assessments shall be deposited by the Association with the Insurance Trustee.
E. Disbursement of funds. The funds held by the Association or by the Insurance
Trustee after a casualty, which will consist of proceeds of insurance and the sums collected from
assessments against unit owners on account of the casualty, shall be disbursed in the following manner
and order:
1. Expense of the trust. All reasonable expenses of the Insurance Trustee
shall be first paid or provision made for payment.
2. Termination of the condominium If the condominium is terminated,
either by agreement after lesser damage or by failure of the unit owners to approve reconstruction
and repair after major damage, the remaining funds shall be deemed to be condominium property and
shah be owned by the unit owners as tenants in common in the undivided shares in which they own
the common elements prior to the termination. The balance of the funds shall be distributed to the
11
beneficial owners upon demand of the Association in the amounts certified by the Association,
remittances to unit owners and their mortgagees being made payable jointly to them.
3. Reconstruction and repair of damage. If the damaged property is
reconstructed and repaired, the funds shall be disbursed in the following manner:
(a) By A~sociation - duma,,es of $15.000 or less. If the estimated costs
of reconstruction and repair that is the responsibility of the Association do not exceed $15,000, the
funds shall be disbursed in payment of these costs upon the order of the Association; provided,
however, the funds shall be disbursed in the manner hereafter provided for the reconstruction and
repair of damage of more than $15,000 if the damaged property includes structural parts of a
building, or if requested by a mortgagee that is a beneficiary of an insurance policy the proceeds of
which are included in the funds.
Co) By Association - damage more than $15,000. If the estimated costs
of reconstruction and repair that is the responsibility of the Association exceed $15,000, the funds
shall be disbursed in payment of these costs in the manner required by the Board of Directors of the
Association; provided, however, that an architect qualified to practice in Florida and employed by
the Association to supervise the work shall approve all disbursements as being due and properly
payable.
(c) By unit owner~. If there is a balance of insurance proceeds after
payment of costs of reconstruction and repair that is the responsibility of the Association, this balance
shall be distributed to owners of damaged units who have responsibility for reconstruction and repair
of their units. The distribution shah be in the shares that the estimated costs of reconstruction and
repair of this damage in each damaged unit bears to the total of these costs in ali damaged units;
provided, however, that no unit owner shall be paid an amount in excess of the estimated costs for
his unit. If there is a mortgage upon a unit, the distribution shall be paid to the unit owner and the
mortgagee jointly and they may use the proceeds as they may determine.
(d) Surplus. It shall be presumed that the first moneys disbursed in
payment of costs of reconstruction and repair shall be from insurance proceeds. If there is a balance
remaining after payment of the costs for which the funds are collected, the balance shall be
distributed to the beneficial owners of the funds, remittances to unit owners and their mortgagees
being made payable jointly to them; provided, however, that the part of a distribution to a unit owner
that is not in excess of assessments paid by that owner into the funds shall not be made payable to any
mortgagee.
4. Reliance upon certificates. Notwithstanding the provisions of this
declaration, the Insurance Trustee shall not be required to make a determination as to the existence
of certain facts upon which the distribution of funds is conditioned. Instead, the Insurance Trustee
may rely upon the certificate of the Association made by its president and secretary stating:
(a) Whether the damaged property will be reconstructed and
repaired or the condominium terminated.
CO) Whether or not payments upon assessments against unit owners
shah be deposited with the Insurance Trustee.
(c) That sums to be paid are due and properly payable, the name of
the payee and the amount to be paid.
(d) The names of the unit owners to receive distribution of funds and
the amounts to be distributed to them; provided, however, that when a mortgagee is required by this
instrument to be named as payee of a distribution to a unit owner, the Insurance Trustee also shall
name the mortgagee as payee of any distribution of insurance proceeds to a unit owner.
5. Proviso. Provided, however, that under the following the circumstances
approval of the architect elsewhere required shall be first obtained by the Association upon
disbursements in payment of costs of reconstruction and repair:
(a) When the report of damage shows that the damaged property
includes structural parts of a building.
(b) When the report of damage shows that the estimated costs of
reconstruction and repair that is the responsibility of the Association exceed $15,000.
(c) If required by the Association or by a mortgagee that is a
beneficiary of an insurance policy the
F. Benefit of mortgagees. Certain provisions ia this section entitled
"Reconstruction of Repair After CasualtyH are for the benefit of mortgagees of condominium parcels.
12
All of these provisions are covenants for the benefit of any mortgagee or a unit and may be enforced
by the mortgagee.
G. Adiustment of amount. The amount of $15,000 stated in this section entitled
'Reconstruction or Repair After Casualty' shall be adjusted on July 1, 1998 so that the adjusted
amount will have the same purchasing power in the months of January, February and March, 1997,
as the amount applicable in the preceding year has in the months of January, February and March,
1988; and this adjusted amount shall be further adjusted on July 1, 2008 and on July I of each 10th
year thereafter so that the adjusted amount will have the same purchasing power in the months of
January, February and March in the year of adjustment as the amount applicable in the preceding
year has in the months of January, February and March of the latest prior year the number of which
is divisible by 10. The purchasing power of the amount shall be measured by the average of the index
numbers of retail commodity prices for the months indicated. The adjusted amount shall he computed
by multiplying the amount applicable in the preceding year by the designated average of index
numbers for the year of adjustment, and by dividing the result by the designated average of index
numbers for the latest prior year the number of which is divisible by 10, except that in the adjustment
on July 1, 1998, the divisor shall be the designated average of index numbers for 1988. The index
numbers to be employed are the index numbers of retail commodity prices designated #CONSUMER
PRICE INDEX - U.S. CITY AVERAGE, ALL ITEMS' prepared by the Bureau of Labor Statistics
of the U.S. Department of Labor, provided that the index in the controlling year and the index in the
year of adjustment shall be constructed upon the same base. Any publication by either the U.S.
Department of Labor or the U.S. Department of Commerce in which those index numbers are
published shall be admissible in evidence in any legal or judicial proceeding involving the adjustment
without further proof of authenticity. In the event the U.S. Department of Labor ceases to prepare
and to publish those retail commodity index numbers, the adiustment of amounts thereafter will be
according to the most closely comparable commodity index designated by the U.S. Department of
Labor; and if it is not designated by that department, then the most closely comparable index as
determined by the Board of Directors of the Association.
ARTICLE Xlll
MAINTENANCE, ALTERATION AND IMPROVEMENT
Responsibility for the maintenance of the condominium property, and restrictions upon its
alteration and improvement, shall be as follows:
A. Units. The Association shall maintain, repair and replace the units at the
Association's expense.
B. Common elements
1. By the Association. The maintenance and operation of the common
elements, including the common street lighting system, shall be the responsibility of the Association
and the cost shall be a common expense. The Association also shall maintain all areas leased to it
whether they are condominium units or are contiguous to the condominium property or not, and
whether the Association retains the lease in its own name or these are subleases of undivided shares
to the unit owners in the condominium.
2. Alteration and improvement. After the completion of the improvemen~
included in the common elements contemplated by this Declaration, there shall be no alteration nor
further improvement of the common elements or acquisition of additional common elements without
prior approval in writing by the owners of not less than two-thirds of the common elements, except
as provided by the Bylaws. Any such alteration or improvement shall not interfere with the rights of
any unit owners without their consent. The cost of the work or acquisition shall not be assessed
against a bank, life insurance company or savings and loan association that acquires its title as the
result of owning a mortgage upon the unit owned, unless that owner shall approve the alteration or
improvement or acquisition, and this shall be so whether the title is acquired by deed from thc
mortgagor or through foreclosure proceedings. The share of any cost not so assessed shall be assessed
to the other unit owners in the shares that their shares in the common elements bear to each other.
There shall be no change in the shares and rights of a unit owner in the common elements nor in his
share of common expenses, whether or not the unit owner contributes to the cost of the alteration,
improvement or acquisition.
3. Submission of land to condominium. Land acquired by the Association
may be added to the land submitted to condominium. This may be done by an amendment of this
Declaration that includes the description of the acquired land, submits that land to condominium
under the terms of this Declaration and states that the amendment conveys the land by the Association
to the unit owners but without naming them. The amendment shall be executed by the Association
and adopted by the unit owners in the manner elsewhere required for an amendment of the
Declaration. Such an amendment, when recorded in the Public Records of Palm Beach County,
Florida, shall divest the Association of title to the land and shall vest the title in the unit owners
without further conveyance in the same undivided shares as the undivided shares in the common
elements appurtenant to the units owned by them.
13
4. Disposition of land. Any land acquired by the Association that is not
submitted to condominium by amendment of this Declaration may be sold or mortgaged or otherwise
disposed of by the Association after approval in writing by the owners of not less than two-thirds of
the common elements. This approval shall be evidenced by a certificate stating that the approval was
duly given, which certificate shall be executed by the officers of the Association with the formalities
of a deed and delivered to a purchaser or mortgagee of the land.
5. Disposition of personal prop.ert]t. Any personal property acquisition of
the Association may be sold or mortgaged or otherwise disposed of by the Association.
ARTICLE XIV
USE RESTRICTIONS
The use of the Condominium property shall be in accordance with the following provisions
as long as the Condominium exists.
A. Units shah be used for parking purposes only and no business or commercial
activity of any nature shall be maintained or conducted therein. Except as otherwise provided herein,
1. If the owner is a corporation, partnership, limited partnership, joint
venture or other business entity, the Unit may be utilized by its partners, joint venturers, employees,
officers, directors, and invitees.
2. If a Unit has been leased, as hereafter provided, the Lessee shall be
deemed to be the "owner" for purposes of this section during the term of the said lease.
B. No immoral, improper, offensive or unlawful use shall be made of the Units,
the Condominium property nor any part of it; and all valid laws, zoning ordinances and regulations
of all governmental bodies for maintenance, modification or repair of the Condominium property
shall be the same as the responsibility for the maintenance and repair of the property concerned.
C. The parking spaces shall be governed by the rules and regulations established
by the Association.
D. No unit owner shall make or permit any use of his Unit or the Common
elements which will increase the cost of insurance on the Condominium property.
E. No nuisances shall be allowed within the Units or upon the Condominium
property, nor any use or practice that is the source of annoyance to residents or which interferes with
the peaceful possession and proper use of the Condominium property by its occupants.
F. Reasonable rules and regulations concerning the use of Condominium property
may be made and amended from time to time by the Association in the manner provided by its
Articles of Incorporation and By-Laws. Copies of such regulations and amendments shall be furnished
by the Association to all Unit owners and residents of the Condominium upon request. Any such
regulations shall not be required to be incorporated in an amendment to this Declaration or otherwise
filed of record.
G. Unless prior approval, in writing, is secured from the Board of Directors of
the Association, a Unit owner shall not cause anything to be affixed or attached to, hung, displayed
or placed on the Units, including awnings, fences or barriers of any kind.
H. Notwithstanding any use restriction to the contrary, so long as the Community
Redevelopment Agency of the City of Delray Beach and/or the City of Delray Beach owns units, such
units may be utilized by the said owner for public and special event purposes.
ARTICLE XV
EASEMENTS
A. The Common elements shall be, and the same are hereby declared to be,
subject to a perpetual, non-exclusive easement, which easement is hereby created in favor of all the
Unit owners in this Condominium and in favor of all the Unit owners in subsequent phases of this
Condominium for their use and for the use of their guests, invitees or licensees for all proper and
normal purposes, and for the furnishing of services and facilities for which the same are reasonably
intended. The Association shall have the right to establish rules and regulations governing the use and
enjoyment of the just-described easements.
B. If there shall be located within the boundaries of any Unit, any conduits,
plumbing, wiring or other facilities for the furnishing of utility services to other Units, or to the
Common elements, an easement in favor of the Association and the other Unit owners shall exist
therefor, and an easement of access to and through such Unit for the repair and maintenance of the
14
foregoing shall exist in favor of the Association. Said access to the Unit shall only be during
reasonable hours, except that access may be had at any time in case of emergency.
C. Easements are reserved by the Developer and the Association through the
Condominium property as may be required for ingress and egress, construction purposes, drainage,
and for furnishing municipal and utility services in order to serve this Condominium and any
subsequent phase or phases adequately. As used herein, the term NUtility Services~ shall include, but
not be limited to, water, sewer, telephone, power, electric, natural gas, cable television, irrigation,
and other utility services. Developer and/or the Association, or itself and its assigns, reserve the right
to impose upon the Common elements henceforth, and from time to time, such easements and
cross-easements for any of the foregoing purposes as it deems to be in the hest interest of, and
necessary and proper for, the development of the lands of the Condominium, as more particularly
described in Exhibits A through C.
ARTICLE XVI
TERMINATION
The condominium may be terminated in the following ways in addition to the manner
provided by the Condominium Act:
A. Destruc~ioq. If it is determined in the manner elsewhere provided
improvements on the Condominium property shall not be reconstructed because of major damage, the
condominium plan of ownership thereby will be terminated without agreement.
B. .Agreement. The condominium may be terminated by approval in writing by
all record owners of units and all record owners of mortgages on units.
C. Approval and options to purchase. If the proposed termination is submitted to
a meeting of the members of the Association and the notice of the meeting gives notice of the pro-
posed termination, and if approvals hy owners of not less than 75% of the common elements and by
the record owners of all mortgages upon the units are obtained in writing not later than 30 days after
the date of that meeting, then the approving unit owners shall have an option to buy all of the units
of the other unit owners for the period ending on the 60th day after the date of that meeting.
Approvals of the termination shall be irrevocable until the expiration of the option, and if the option
is exercised, the approvals shall be irrevocable. The option shall be upon the following terms:
1. Exercise of option. The option shall be exercised in the following
manner:
(a) A party desiring to exercise the option shall execute and deliver to
the Association two counterparts of an agreement in a form supplied by the Association agreeing to
purchase the units desired by him upon the terms hereafter stated. An agreement signed by the seller
may be conditioned upon the termination of the condominium. If the agreement is not signed by the
seller, it shall be an offer to purchase. If more than one offer is made for the purchase of the same
unit, the unit will be sold under the first offer received by the Association, which offer shall be
irrevocable and shall constitute an agreement to purchase conditioned upon the exercise of the option
to purchase all of the units subject to the option and the termination of the condominium.
(b) The option shall be deemed to be exercised if the Association
receives within the time stated contracts or offers for the purchase of all of the units owned by the
unit owners who do not approve the termination.
(c) The exercise of the option shall be evidenced by the certificate of
the Association executed by its president and secretary stating that all of the units owned by the unit
owners who do not approve the termination have been purchased and identifying the purchasers and
the units purchased by them. A copy of the certificate shall be delivered or mailed by certified or
registered mail return receipt requested to each record owner of the units being purchased, together
with an executed counterpart of the agreement or offer to purchase each unit owned by the person
receiving the certificate.
2. P.rice. The sale price of a unit sold under an agreement signed shall be
the price stated in the agreement. The sale price of a unit sold under an offer to purchase shall be the
fair market value determined by agreement between the seller and purchaser within 30 days from the
delivery or mailing of the agreement to the seller. In the absence of agreement as to price, the price
shall be determined by arbitration in accordance with the then existing rules of the American
Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American
Arbitration Association who shall base their determination upon aa average of their appraisals of the
unit. A judgment of specific performance of the sale upon the decision rendered by the arbitrators
may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid
by the purchaser.
15
3. Payment. The purchase price shall be paid in cash, or upon terms
approved by the seller and the Association.
4. Closing. The sale shall be closed within ten days following the
determination of the sale price, or within 60 days after the exercise of the option, whichever shall last
Occur.
5. Termination. The closing of the purchase of all of the units subject to
the option shall effect a termination of the condominium without further act except the filing of the
certificate hereafter required.
6. Failure to purchase.. If the option to purchase all of the units owned
by unit owners who do not approve the termination of the condominium is not exercised, and if all
of the sales under the option are not closed within a reasonable time after the closing date provided
above, the proposed termination of the condominium shall fail. The failure shall be evidenced by a
certificate of the Association, and thereafter the offers and agreements to purchase under this
provision that have not resulted in closed sales shall be void.
D. Certificate. The termination of the condominium in either of the foregoing
manners shall be evidenced hy a certificate of the Association executed by its president and secretary
certifying as to facts effecting the termination, which certificate shall become effective upon being
recorded in the Public Records of Palm Beach County, Florida.
E. Shares of owner~ after ter.mina~i.on. After termination of the condominium,
unit owners shall own the condominium property and all assets of the Association as tenants in
common in undivided shares, and their respective mortgagees and lienors shall have mortgages and
liens upon the respective undivided shares of the unit owners. The undivided shares of the unit
owners shall be the same as the undivided shares of the common elements appurtenant to the owners'
units prior to the termination.
F. Amendment This Article concerning termination cannot be amended without
the consent of all unit owners and of all record owners of mortgages upon the units; no amendment
may be made to this Article which impairs the rights of the Developer.
ARTICLE XVll
COMPLIANCE AND DEFAULT
Each unit owner and the Association shall be governed by and shall comply with the terms
of the Declaration of Condominium, Articles of Incorporation of the Association and the Bylaws and
regulations adopted pursuant to those documents, and all of those documents and regulations as they
may be amended from time to time. The Association and unit owners shall be entitled to the following
relief in addition to the remedies provided by the Condominium Act:
A. Negligence. A unit owner shall be liable for the expense of any maintenance,
repair or replacement made necessary by his negligence or by that of any member of his family or
his or their guests, employees, agents or lessees, but only to the extent that expense is not met by the
proceeds of insurance carried by the Association.
B. Costs and attorneys' fees. In any proceeding arising because of an alleged
failure of a unit owner or the Association to comply with the requirements of the Condominium Act,
this Declaration, the Articles of Incorporation of the Association, the Bylaws, or the Regulations, and
those items as they may be amended from time to time, the prevailing party shall be entitled to
recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the
court.
C. No waiver of rights. The failure of the Association or any unit owner to
enforce any covenant, restriction or other provision of the Condominium Act, this Declaration, the
Articles of Incorporation of the Association, the Bylaws or the Regulations shall not constitute a
waiver of the right to do so thereafter.
ARTICLE XVII!
..M..I.SCELLANEOUS
Whenever notice is required under the terms of this Declaration, such shall bc given in writing
to the Association, to the unit owner, or to any mortgagee, as the case may be, by personal delivery
to such party, or by depositing with postage prepaid in the United States mails, registered or certified
with return receipt requested, addressed as follows:
ASSOCIATION As the Association's address appears on record at the Office of the Secretary
of the State of Florida.
16
UNIT OWNER As the address of the Unit owner appears on the books of the Association.
MORTGAGEE As the address of the mortgagee appears on the books of the Association.
Notice served on the Secretary of the Association in the aforesaid manner shall constitute notice to
the Association. Until the election of the officers of the Association, Developer shall be authorized
to act as agent on behalf of the Association with respect to the giving of notice as hereinbefore
provided. Notice to the Developer shall be as aforesaid and addressed as follows:
Delray Beach Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, FL 33444
or to such other address as Developer shall, in writing, advise the person giving such notice to utilize
for such purposes.
Any first mortgagee, upon written request to the Association, will be entitled to written
notification from the homeowners' association of any default in performance by the individual unit
owner of any obligation under this Declaration of Condominium and the constituent documents
appurtenant hereto which is not cured within sixty (60) days.
All the provisions of this Declaration and the exhibits attached hereto shall be construed as
covenants running with the land and with every party thereof, and every interest therein, and every
Unit owner and every claimant of the land or any part thereof or interest therein and their heirs,
executors, administrators, successors and assigns shall be bound by ali of the provisions of said
documents.
The invalidity in whole or in part of any covenant or restriction, or any section, paragraph,
subparagraph, sentence, clause, phrase, word or other provision of this Declaration or any exhibit
thereto, shall not effect the validity of the remaining portions thereof.
The terms and provisions, covenants and conditions of this Declaration shall be binding upon
and inure to the benefit of the parties hereto.
The headings of the sections, subsections, paragraphs and subparagraphs of this Declaration
are for the purpose of convenience only and shall not be deemed to expand or limit the provisions
contained in such sections and subsections.
The interpretation, construction, and effect of this Declaration shall be in accordance with
and be governed by the laws of the State of Florida.
Whenever the context so requires, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural, and the plural shall include the singular.
IN WITNESS WHEREOF, the Developer, by its appropriate officers, has executed this
Declaration, this day of , 19 , and caused its seal to be affixed.
DELRA B~CH C~J NITY
Attest:
BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC.
By:.
Attest:
17
ONE HUNDRED PERCENT (100%) OF ALL
UNIT OWNERS
CITY OF DELRAY BEACH
Attest: By:.
City Clerk M A Y O R
Approved as to form and legal sufficiency
By.'.
City Attorney
WITNESSES: DELRAY ~/~CH ~ITY
By: I,..,/! IF iitO~'"x,~3 k_..~!~-''-
Attest'
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoinR instrument was acknowledged before me this ,~9 day of
1997, by ~/~2,~ro~n'aT~ d. Ek20wL/ as ~X5~../)tt~/:~?Z~-_-- and
as of the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY.
"'~- is personally known to me, OR
__ has produced as identification
:
is personally known to me, OR
has produced as identification
.~0~ DIANE O. HERVEY Notary Public
· ~ ~, O()~u~ss~oN I CC 33~506
~ ~ ~' ~XPIRESNOV28,1997
Nota;y?ame
(NOTARY STAMP) ~ ~3~ ~
Serial (Commission) Number
18
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of ,
1997, by as and
as of the BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC.
is personally known to me, OR
has produced as identification
:
is personally known to me, OR
has produced as identification
Notary Public
Notary Name
(NOTARY STAMP)
Serial (Commission) Number
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
.
1997, by as of the CITY OF DELRAY
BEACH.
is personally known to me, OR
has produced as identification
Notary Public
Notary Name
(NOTARY STAMP)
Serial (Commission) Number
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of _
1997, by as of the DELRAY BEACI~
COMMUNITY REDEVELOPMENT AGENCY.
__ is personally known to me, OR
__ has produced as identification
Notary Public
Notary Name
(NOTARY STAMP)
Serial (Commission) Number
19
I
SCALE: I" = 25'
~ [" : : : I ,
I
0 25' 5'0' ~5' I00'
I O£SCRFnON: LEGEND:
THE SOUTH 25.3 FE£1' OF LO~ 4; ALL OF LO~ 5; ~ LO~ 6, ~ = CEN~ERL~ ~ R~H[ OF WAY
LESS ~ S~[H 4 FEET ~RE~, ~OCK ~ MAP ~ T~ TO~N ~
L~TON (NO~ DELRAY BEA~}, ACCORDNG TO T~ ~A[ T~RE~ C~C = C~ETE
RECORDED ~ PLAT ~OOK ~ PAGE $ OF T~ P~L~ RECORDS ~ = CONCRETE C~B ~0.6'
OF PAl~ BEACH CO~[Y, FLOR~A. ~0 = C~ ~ ~R
.........................' ;0
20.0' '~ ~ .'~ t~.O'
I ~ ~ ~ ~iTH CAP ~LB JSJ ~
~: ~SEr ~/8" ~ON RO0 ~ ~ 0.20' WEST ~ LOT~
151.60'
22.8' ~ . ,~ ·
' · I I I I I .
I I I I I ~
, , , , , , , , , ,~
ir ............................... ~... ~8.o,~
,
PA VED ~ ~
~ ~ ...... ~- ,
2~.6' 2J. 5' ~
,_ 16.0" ~.0~ ~16.0~i= =; ~
, ~ ..... = ........ ~ F--~--~-
......... ~ ~ ~ ~ I~ ~ ~ ~ I
........ ~ ~ ~ ~ ~
~ ~ .... ~ ...... !,-~ ..... ~... I~ ..... ~ .................. ! .... ~.~...
........ ~ ~ ~ ~ ~ ~1 , I '
' ~ ~ , · 60' · ~ 24.0 ~ ~
~~ PA VED ~ ~
9.2 .u u ~
~._ 20.0'. NOTES: J
- .- ~. THE ELEVMION OF THE LOWEST PONT ~ r~ PXRKN~ --
v~,~ o~,~ ,~. BOUNDARY SURVEY
~ 2. LlCtff POLES ARE NOT SHOWN.
BLOCK 60 PARKING CONDOMINIUt
~~ I ~REBY c[RT~y THaT ~S S~VEY WAS MA~ ~R MY ~S~E CHARGE
A~ MEE~S T~ ~ ~AL STA~A~S AS SET FORTH BY ~ FL~A
BOARD ~ PROFESS~AL S~VEYORS A~ MA~ERS ~ ~PTER 61GI7-6, FLORDA
ADM~S~RATIVE C~, P~SUANT TO SE~ 472.027, FLORDA S~ATUTES.
O~RIEN, SUITER & O'BRIEN, INC
~ 2601 NORTH FEDERAL HIGHWAY
JO~N. S~IER
WE5 F A 1LANTIC A VENUE SUR~OR & ~AppER ~1314 DELRA Y BEACH FLORIDA 33483
(~07] 2Z~-~50~ (407) Z~2-~2X9
ORDER NO.: 95-12
EXHIBIT A
SHEET 2 OF 2
SCALE: I"= 40'
O' 4 O' ,90' 120'
N. SWlNTON AVENUE
.... MAP OF BOUNDARY SURVEY
NO TES:
= CENTERLINE OF RIGHT OF WAY
~r OVERH[AD UTII. ITY LINES
FLOOD ZONE: X ~I..OCK 60 PARKING CONDOMINIUM
FH = FIRE HYDRANT
L.P. = LIGHT POLE
50 = CONDOM~M U~T ~BER
~ = CATCH BASIN
SURVEYOR'S CERTIFICATE
STATE OF FLORIDA
)
COUNTY OF PALM BEACH )
BEFORE HE, the undersigned authority duly authorized
administer oaths and take acknowledgments, personally appeared John N.
Sulter of O'Brlen, Sulter & O'Brlen, Inc., who deposed and stated as
follows,
1. That he Is a duly registered land surveyor under the Laws of
the Sta%e of Florida, holding Certificate No. 1314.
2. That this Exhibit .A. to the Declaration of Condominium for
BLOCK 60 PARKING CONDOMINIUM, in two (2) sheets,
dellnea[es ~he existing Improvements on the condominium
property.
3. Affiant hereby certifies the% the cons[ruction of the
Improvements shown is complete end that this Exhibit
the Declaration of Condominium together with the wording of
the Declaration relating to matters of survey, Is a correct
representation of the Improvements described %hereon and
there can be determined therefrom the identification,
location end dimensions of the common elements and of each
unit.
_FURTheR AFFIANT S~E~H~NAUGHT
JOHN~. SUITEFI,
DATED,
SWORN TO AND SUBSCRIBED before me
~T~ day of I~ ~ , 1997.
Notc-~ry Publl~
Sta~e of Florida
(SEAL)
~~Pm~ ORDER NO. 95- 198
ownership in common elements and expenses
Unl~ No. ,I % Owne=sh~p
2 1/92
4 1/92
5 1/92
$ '1/92
8 1/92
10 1/92
12 1/92
13 1/92
14 1/92
15 1/~2
17 1/92
20 1/92
21 1/92
22 1/92
23 1/92
24 1/92
26 1/92
27 1/92
28 1/92
29 1/92
30 1/92
31 1/92
32 1/92
33 1/92
34 1/92
05/12/97 NON 14:23 [TX/RX NO 8128]
35 1~92
36 1192
37 1192
38 1/9A
39 1/92
4O 1192
41 1192
42 1192
43 1/92
4¢ 2/92
45 1192
47 1/9~
48 1/92
49 1/92
50 1/92
51 1/92
52 1/92
53 1/92
54 1/92
55 1/92
56 1/92
57 1/92
58 1/92
59 1/92
60 1/92
61 1/92
62 1/92
63 1/92
64 1/92
65 1/92
66 1/92
67 i/92
Ga 1/92
G9 1/92
70 1/92
71 1/92
72 1/92
73 1/92
74 1/92
75 1/9~
05/12/97 ~ION ~4:23 [TX/RX NO 8128!
96 1/92
78 1192
79 1/92
80 1/92
81 ~/92
82 1/92
83 1/92
84' -1/92
85 1/92
86 1/92
87 1/92
88 1/92
89 1/92
90 1/92
91 1/92
92 1/92
I
Total 100%
05/12/97 MON 14:23 [TX/RX NO 8128]
ARTICLES OF INCORPORATION 0"t"~o '"40
BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, II~d/_ ~:'/'.,
The undersigned by the s for the purpo i
corporation not for profit under Chapter 617, Florida Statutes, and certify as follows:
ARTICLE I
NAME AND DEFINITIONS AND ADDRESS
The name of the corporation shall be BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC. For convenience the corporation shall be referred to in this instrument as the
Association, these Articles of Incorporation as Articles, and the By-laws of the Association as
By-laws. The street address of the principal office and initial registered office
of this corporation is 24 North Swinton Avenue, Delray Beach, Florida 33444 and the
name. of the registered agent is Christopher J. Brown.
ARTICLE II
PURPOSE
The purpose for which the Association is organized is to provide an entity pursuant to P.S.
718.111 for the operation of BLOCK 60 PARKING CONDOMINIUM.
ARTICLE III
POWERS
The powers of the Association shall include and shall be governed by the following provisions:
3.1. General- The Association shall have all of the common law and statutory powers of a
corporation not for profit under the laws of Florida that are not in conflict with the terms of these
Articles.
3.2 Enumeration. The Association shall have all of the powers and duties set forth in the
Condominium Act and all of the powers and duties reasonably necessary to operate the condominium
pursuant to the Declaration as it may be amended from time to time, including but not limited to the
following:
(a) To make and collect assessments against members as unit owners to defray the
costs, expenses and losses of the condominium.
Co) To use the proceeds of assessments and charges in the exercise of its powers and
duties.
(c) To buy or lease both real and personal property for condominium use, and to sell
or otherwise dispose of property so acquired.
(d) To maintain, repair, replace and operate the condominium property and property
acquired or leased by the Association for use by unit owners.
(e) To purchase insurance upon the condominium property and insurance for the
protection of the Association and its members as unit owners.
(f) To reconstruct and repair improvements after casualty and to construct additional
improvements of the condominium property.
(g) To make and amend reasonable regulations respecting the use and appearance of
the property in the condominium; provided, however, that all those regulations and their amendments
shall be approved by owners of two thirds of the units before they shall become effective.
(h) To approve or disapprove the leasing, transfer, mortgaging, ownership and
possession of units as may be provided by the Declaration of Condominium and the By-laws.
(i) To enforce by legal means the provisions of the Condominium Act, the Declaration
of condominium, these Articles, the By-laws of the Association and the Regulations for the use of
the property in the condominium.
(j) To contract for the management and maintenance of the condominium property
and to authorize a management agent to assist the Association in carrying out its powers and duties
by performing such functions as the submission of proposals, collection of assessments, preparation
of records, enforcement of rules and maintenance, repair and replacement of the common elements
with funds as shall be made available by the Assoeiation for such purposes. The Association and its
officers shall, however, retain at all times the powers and duties granted them by the Condominium
Act, including, but not limited to the making of assessments, promulgation of rules and execution of
contracts on behalf of the Association.
(k) To contract for the management or operation of portions of the common elements
susceptible to separate management or operations, and to grant leases of those portions for this
purpose.
(1) To employ personnel to perform the services required for proper operation
of the condominium.
3.3 Condominium property. All funds and the titles of all properties acquired by the
Association and their proceeds shall be held in trust for the members in accordance with the
provisions of the Declaration of Condominium, these Articles of Incorporation and By-laws.
3.4. Distribution of income. The Association shall make no distribution of income to its
members, directors or officers.
3.5 Limitation. The powers of the Association shall be subject to and shall be exercised in
accordance with the provisions of the Declaration of Condominium and the By-laws.
ARTICLE IV
MEMBERS
4.1 Membership. The members of the Association shall consist of all of the record owners of
unit~ in the condominium, and after termination of the condominium shall consist of those who are
members at the time of the termination and their successors and assigns.
2
4.2 .Evidence. After transfer of ownership of a unit change of membership in the Association
shall be established by recording in the Public Records of Palm Beach County, Florida, a deed or
other instrument establishing a public record of the transfer of the title substantiating the
membership, and delivery to the Association of a certified copy of the recorded instruments. The
owner receiving title of the unit by those instruments will be a member of the Association and the
membership of the prior owner will be terminated.
4.3 Assignment. The share of a member in the funds and assets of the Association cannot be
assigned, hypothecated or transferred in any manner except as an appurtenance to the unit for which
that share is held,
4.4 Voting. A member of the Association shall be entitled to at least one vote for each unit
owned by him. The exact number of votes to be cast by owners of a unit and the manner of
exercising voting rights shall be determined by the By-laws of the Association.
ARTICLE V
DIRECTORS
5.1 Number and qualification. The affairs of the Association shall be managed by a board
consisting of the number of directors determined by the By-laws, but not less than three directors,
and in the absence of that determination shall consist of three directors. Directors need not be
members of the Association.
5.2 Duties and powers. All of the duties and powers of the Association existing under the
Condominium Act, Declaration of Condominium, these Articles and By-laws shall be exercised
exclusively by the Board of Directors, its agents, contractors or employees, subject only to approval
by unit owners when that is specifically required.
5.3 Election; removal. Directors of the Association shall be elected at the annual meeting of
the members in the manner determined by the By-laws. Directors may be removed and vacancies on
the Board of Directors shall be filled in the manner provided by the By-laws.
5.4 First directors. The names and addresses of the members of the first Board of Directors
who shall hold office until their successors are Directors who shall hold office until
their successors are elected and have qualified, or until removed, are as follows:
Christopher J. Brown
24 North Swinton Avenue
Delray Beach, FL 33444
Kevin Egan
323 N.E. 8th Avenue
Delray Beach, FL 33444
David Harden
100 N.W. 1st Avenue
Delray Beach, FL 33444
ARTICLE VI
OFFICERS
The affairs of the Association shall be administered by officers designated in the By-laws.
The officers shall be elected by the Board of Directors at its first meeting following the annual
meeting of the members of the Association and shall serve at the pleasure of the Board of Directors.
The names and addresses of the officers who shall serve until their successors are designated by the
Board of Directors are as follows:
Kevin Egan President 323 N.E. 8th Avenue
Delray Beach, FL 33444
David Harden Vice-Pres. 100 N.W. 1st Avenue
Delray Beach, FL 33444
Christopher J. Brown Secretary 24 North Swinton Avenue
Delray Beach, FL 33444
Christopher J. Brown Treasurer 24 North Swinton Avenue
DelrayBeach, FL 33444
ARTICLE VII
INDEMNIFICATION
Every director and officer of the Association, and every member of the Association serving
the Association at its request, shall be indemnified by the Association against all expenses and
liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with
any proceeding or any settlement of any proceedings to which he may be a party or in which he may
become involved by reason of his being or having been a director or officer of the Association or by
reason of his serving or having served the Association at its request, whether or not he is a director
or officer or is serving at the time the expenses or liabilities are incurred; provided that in the event
of a settlement before entry uf jt, dgment, and also when the person concerned is adjudged guilty of
willful misfeasance or malfeasance in the performance of his duties, the indemnification shall apply
only when the Board of Directors approves the settlement and reimbursement as being for the best
interests of the Association. The foregoing right of indemnification shall be in addition to and not
exclusive of all other rights to which that person may be entitled.
ARTICLE VIII
BY- LAWS
The first By-laws of the Association shall be adopted by the board of directors and may be
altered, amended or rescinded by the directors and members in the manner provided by the By-laws.
ARTICLE IX
AMENDMENTS
Amendments to those Articles of Incorporation shall be proposed and adopted in the following
manner:
9.1 Notice. Notice of the subject matter of a proposed amendment shall be included in the
notice of any meeting at which the proposed amendment is to be considered.
9.2 Adoption. A resolution for the adoption of a proposed amendment may be proposed either
by the Board of Directors or by the members of the Association. Directors and members not present
in person or by proxy at the meeting considering the amendment may express their approval in
writing, providing the approval is delivered to the Secretary at or prior to the meeting. The approval
must be by owners of two-thirds (2/3rds) of the voting interests.
9.3 Limitation. Provided, however, that no amendment shall make any changes in the
qualifications for membership nor in the voting rights or property rights of members, nor any change
in Article III, entitled ~Powers", without approval in writing by all members and the joinder of all
record owners of mortgages upon units. No amendment shall be made that is in conflict with the
Condominium Act or the Declaration of Condominium.
9.4 Recording. A copy of each amendment shall be accepted and certified by the Secretary
of State and be recorded in the Public Records of Palm Beach County, Florida.
ARTICLE X
TERM
The term of this Association shall be perpetual.
ARTICLE X1
SUBSCRIBERS
The names and addresses of the subscribers to these Articles of Incorporation are as follows:
Christopher J. Brown
24 North Swinton Avenue
Delray Beach, FL 33444
Kevin Egan
323 N.E. 8th Avenue
Delray Beach, FL 33444
David Harden
100 N.W. 1st Avenue
Delray Beach, F7/44
IN WIT~ESS WHEREOF, the subscriberrMfaW~/ffl'fixed their sjb. natures on this
Ch~ B r o w~__
e u'ugan
D~vid Harden '
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was aclsnowledged before me this TM -r~._, day of
1995, by Christopher J. Brown, wbo ?~_is personally known to me']-~--:"~ t/ii§-~i:iSitii~kt== .....
Notary q~ame
(NOTARY STAMP) C.(' ~t~
Serial (Commission) Number
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrume-t ~vas acknowledged be[ore me this ~/'/"~ day of
1995, by Kevin Egan, who V is personally known to me, O.R ~ha~rod~ced
Notary-~ame
(NOTARY STAMP) e~. ~t15 g I ~
Serial (Commission) Number
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ,ff~ day of
1995, by David Harden, who ~ ts personally known t.o me
a~iH~n tkf_kcatinn.
~LISON MACGREGOR HAR Y I Notary Public'
OTARY PUBLIC STATE OF FLORIDAI
COMMI,e,510N NO, CC3~.7932
My COMMISSION l~×P. APR. _27 1_~ A/[,~O/O
- ' - Notary Name
(NOTARY STAMP) (o~_,~ 7
Serial (Commission) Number
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF
PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED.
In pursuance of Chapter 488.091, Florida Statutes, the following is submitted, in compliance
with the said Act:
First -- That BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC., desiring to
organize under the laws of the State of Florida, with its principal office, as indicated in the Articles
of Incorporation in the City of Delray Beach, County of Palm Beach, State of Florida, has named
Christopher J. Brown located at 24 North Swinton Avenue, Delray Beach, Florida 33444, as its agent
to accept service of process within this State.
ACKNOWLEDGMENT:
Having been named to accept service of process for the above-stated corporation, at place
designated in this certificate, I hereby accept to act in this capacity and agree to comply with the
provision of said Act relative to keeping open s~~
Resident Agent
BY - LAWS
OF
BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC.
A corporation not for profit
under the laws of the State of Florida
I. IDENTITY
These are the By-Laws of BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC.,
a corporation not for profit under the laws of the State of Florida (The 'Corporation"), the Articles
of Incorporation of which were flied in the office of the Secretary of State on the 8th day of
September, 1995, and subject to the Charter granted by the Secretary of State and the Declaration
affecting the land and all improvements thereon known as BLOCK 60 PARKING CONDOMINIUM.
The Corporation has been organized for the purpose of administering a Condominium upon that
certain parcel of land lying and being situate in Palm Beach County, Florida, and particularly
described on Exhibit A of the Declaration of Condominium of BLOCK 60 PARKING
CONDOMINIUM, hereinafter referred to as the 'Declaration.'
(a) The office of the corporation shall be at 24 Swinton Avenue, Delray Beach, Florida, or
such other address as the Board of Directors, from time to time, may determine.
(b) The fiscal year of the Corporation shall be the calendar year.
(c) The seal of the Corporation shall bear the name of the Corporation, the word "Florida",
the words "Corporation not for profit' and the year of incorporation.
II. MEMBERS
(a) The annual members' meeting sha]l be held at the offices of the Corporation at 10:00 A.M.
on the 1st Monday of October of each year for the purpose of electing directors and transacting any
other business authorized to be transacted by the members; provided, however, that if that day is a
legal holiday, the meeting shall be held on the next succeeding day at the same hour.
(b) Special members' meetings shall be held whenever called by the President or
Vice-President or by a majority of the Board of Directors. Additionally, a special members' meeting
may be called upon receipt, by any officer, of written requests from two-thirds of the entire
membership, except that a special members' meeting may be called pursuant to Florida Statutes
Section 718.112(2)(e) and (k), F.S. (1984).
(c) Notice of all members' meetings stating the time and place and the objects for which the
meeting is called shall be given by the President or Vice-President or Secretary, unless waived in
writing. Such notice shall be in writing, sent by mail, to each member at his address as it appears on
the books of the Corporation and shall be mailed not less than fourteen (14) days, nor more than sixty
(60) days prior to the date of the meeting. An Affidavit of an officer of the Association shall be
provided and included in the official records of the Association offering that notices were mailed or
hand delivered in accordance with Florida Statutes Section 718.112(2) (d). Written notice shall also
be posted in a conspicuous place on the condominium property at least fourteen (14) days prior to the
annual meeting. Notice of any meeting may be waived by a majority of the Unit Owners before or
after said meetings. The place at which said meeting is to be held shall be determined by the Board
of Directors and shall be set forth in the notice to each member.
(d) A quorum at members' meetings shall consist of persons entitled to cast a majority of the
voting interests. Each member shall be entitled to the number of votes in the affairs of the
Corporation as he shall be entitled by the Declaration. The joinder of a member in the action of a
meeting by signing and concurring in the minutes thereof shall constitute the presence of such
member for the purpose of determining a quorum.
(e) The votes of the owners of a Unit owned by more than one person or by a Corporation or
other entity shall be cast by the person named in a certificate signed by all of the owners of the Unit
and filed with the Secretary of the corporation. Such certificate shall be valid until revoked by a
subsequent certificate. If such a certificate is not on file, the votes of such owners shall not be
considered in determining the requirement for a quorum nor for any other purpose.
(f) Proxies. Votes may be cast in person or by proxy. Proxies shall be valid only for the
particular meeting designated therein and must be filed with the Secretary before the appointed time
of the meeting.
(g) Approval or disapproval of a unit owner upon any matter, whether or not the subject of
a Corporation meeting, shall be by the same person who would cast the votes of such owner if in a
Corporation meeting.
(h) Adjourned meetings. If any meeting of members cannot be organized because a quorum
has not attended, the members who are present, either in person or by proxy, may adiourn the
meeting from time to time until a quorum is present.
(i) The order of business at annual members' meetings and, as far as practical, at all other
members' meetings, shall be:
(1) Election of chairman of the meeting.
(2) Calling of the roll and certifying of proxies.
(3) Proof of notice of the meeting or waiver of notice.
(4) Reading and disposal of any unapproved minutes.
(5) Reports of officers.
(6) Reports of committees.
(7) Election of inspectors of election.
(8) Election of Directors.
(9) Unfinished business.
(10) New business.
(11) Adjournment.
III. DIRECTORS
(a) The Board of Directors (The "Board') shall consist of not less than three (3) persons, nor
more than five (5) persons.
(b) Election of the Board shall be conducted in the following manner:
(1) Members of the Board shall be elected by a plurality of the votes cast at the annual
meeting of the members of the Association.
(2) Vacancies in the Board may be filled until the date of the next annual meeting by
the remaining directors.
(c) The term of each Director's service shall extend until the next annual meeting of the
members and thereafter until his successor is duly elected and qualified or until he is removed in the
manner elsewhere provided.
(d) The organization meeting of a newly-elected Board shall be held within ten (10) days of
their election at such place and time as shall be fixed by the Directors at the meeting at which they
were elected, and no further notice of the organization meeting shall be necessary providing a quorum
shall be present.
(e) Regular meetings of the Board may be held at such time and place as shall be determined
from time to time by a majority of the Directors. Notice of regular meetings shall be given to each
Director, personally or by mail, telephone or telegraph, at least three (3) days prior to the date named
for such meeting unless such notice is waived. Meetings of the board of administration shall be open
to all unit owners. Adequate notice of all meetings shall be posted conspicuously on the condominium
property at least 48 hours in advance, except in an emergency.
(t) Waiver o[ Notice. Any Director may waive notice of a meeting before or after the meeting
and such waiver shall be deemed equivalent to the giving of notice.
(g) A quorum at the Board's meetings shall consist of the Directors entitled to east a majority
of the votes of the entire Board. The acts of the Board approved by a majority of votes present at
a meeting at which a quorum is present shall constitute the acts of the entire Board, except as
specifically otherwise provided in the Declaration of Condominium. If at any meeting of the Board
of Directors there shall be less than a quorum present, the majority of those present may adjourn the
meeting from time to time until a quorum .is present. At an adjourned meeting, any business which
might have been transacted at the meeting as originally called may be transacted without further
notice.
Ca) The presiding officer of Directors' meetings shall be the Chairman of the Board, if such
an officer has been elected, and if none, then the President shall preside. In the absence of the
presiding officer, the Directors present shall designate one of their number to preside.
(i) Directors' fees, if any, shall be determined by the members.
(j) Removal of Directors. A director may be removed from office with or without cause and,
specifically, for the failure to be either the owner of a unit, have an interest therein, or in the event
of corporate ownership, to be an officer or designated agent thereof.
The removal of a Director pursuant to this paragraph shall be by the majority vote of all unit
owners at a special meeting called for that purpose or in the manner provided
IV. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
All of the powers and duties of the Corporation shall be exercised by the Board of Directors,
including those existing under the common law and statutes, the Articles of Incorporation, and the
documents establishing the Condominium. Such powers and duties of the directors shall be exercised
in accordance with the provisions of the Declaration of Condominium which governs the use of the
land, and shall include, but shall not be limited to, the following:
(a) To make and collect assessments against members to defray the costs of the Condominium.
(b) To use the proceeds of assessments in the exercise of its powers and duties.
(c) TO maintain, repair, replace and operate the condominium property.
(d) To reconstruct any improvements after casualty and to further improve the property.
(e) To make and amend regulations respecting the use of the property in the Condominium.
(f) To approve or disapprove proposed purchasers, lessees, mortgagees of units in the manner
provided by the Condominium Documents.
(g) To enforce by legal means the provisions of the Condominium Documents, the Articles
of Incorporation, the By-laws of the Corporation, and the regulations for the use of the property in
the Condominium.
(h) To contract for management of the Condominium and to delegate to such contractor all
powers and duties of the Corporation except such as are specifically required by the Condominium
Documents to have approval of the Board of Directors or the membership of the Corporation.
(i) To pay taxes and assessments which are liens against any part of the Condominium other
than individual units and the appurtenances thereto, and to assess the same against the Units subject
to such liens.
O) To carry insurance for the protection of Unit owners and the Corporation against casualty
and liabilities.
(k) To pay the cost of all power, water, sewer and other utility services rendered to the
Condominium and not billed to owners of individual units.
(1) To employ personnel for reasonable compensations to perform the services required for
proper administration of the purposes of the Corporation.
V. OFFICERS
(a) The executive officers of the Corporation shall be a President, who shall be a director; a
Vice-President, who shall be a director; a Treasurer; and a Secretary, all of whom shall be elected
annually by the Board of Directors and who may be peremptorily removed by vote of the directors
at any meeting. Any person may hold two or more offices except that the President shall not also be
the Secretary. The Board of Directors shall, from time to time~ elect such other officers and designate
their powers and duties as the Board shall find to be required to manage the affairs of the
Corporation.
(b) The President shall be the chief executive officer of the Corporation. He shall have ali
of the powers and duties which are usually vested in the office of the president of a corporation,
including but not limited to the power to appoint committees from among the members from time to
3
time as he may, in his discretion, determine appropriate to assist in the conduct of the affairs of the
Corporation.
(c) The Vice-President shall, in the absence or disability of the President, exercise the powers
and perform the duties of the President. He shall also generally assist the President and exercise such
other powers and perform such other duties as shall be prescribed by the Directors.
(d) The Secretary or other designee of the President shall keep the minutes of all proceedings
of the directors and the members. He shall attend to the giving and serving of all notices to the
members and directors and other notices required by law. He shall have custody of the seal of the
Corporation and affix the same to instruments requiring a seal when duly signed. He shall keep the
records of the Corporation, except those of the Treasurer, and shall perform all other duties incident
to the office of the Secretary of a Corporation and as may be required by the directors or the
President.
(e) The Treasurer shall have custody of all property of the Corporation, including all funds,
securities and evidences of indebtedness. He shall keep the assessment rolls and accounts of the
members; he shall keep the books of the Corporation in accordance with good accounting practices;
and he shall perform all other duties incident to the office of the Treasurer.
(f) The compensation of all officers and employees of the Corporation shall be fixed by the
Directors. This provision shall not preclude the Board of Directors from employing a director as an
employee of the Corporation nor preclude the contracting with a director for the management of the
condominium.
VI. FISCAL MANAGEMENT
The provisions for fiscal management of the Corporation set forth in the Declaration of
Condominium and Articles of Incorporation shall be supplemented by the following provisions:
(a) Assessment Roll. The assessment roll shall be maintained in a set of accounting books in
which there shall be an account for each Unit. Such an account shall designate the name and address
of the owner or owners and all mortgagees, the amount of each assessment against the units, the dates
and amounts in which the assessments came due, the amounts paid upon the account and the balance
due upon assessments.
(b) Budget. The Board of Directors shall adopt a budget for each calendar year which shall
contain estimates of the cost of performing the functions of the Corporation. Copies of the budget
and proposed assessments shall be transmitted to each member on or before thirty (30) days preceding
the year for which the budget is made. If the budget is subsequently amended before the assessments
are made, a copy of the amended budget shall be furnished each member concerned.
(c) The depository of the Corporation shall be such bank or banks in Palm Beach County as
shall be designated from time to time by the Directors and in which the monies of the Corporation
shall be deposited. Withdrawal of monies from such accounts shall be only by checks signed by such
persons as are authorized by the Directors.
(d) An audit of the accounts of the Corporation shall be made annually by an accountant to
be selected by the Board of Directors, and a copy of the report shall be furnished to each member not
later than four months after the end of the year for which the report is made.
(e) All officers and directors who control or disburse funds of the Association shall be fidelity
bonded in the principal sum of not less than $1,000.00 for each such officer or director. The
premiums for such bond shall be paid by the Corporation.
VII. PARLIAMENTARY RULES
Roberts Rules of Order (latest edition) shall govern the conduct of corporate proceedings when
not in conflict with the Articles of Incorporation and the By-Laws of the Corporation or with the
Statutes of the State of Florida.
VIII. AMENDMENTS
Amendments to the Corporate Charter and/or By-Laws shall be proposed and adopted in the
following manner:
(a) Notice of the subject matter of a proposed amendment shall be included in the notice of
any meeting at which a proposed amendment is considered.
(b) A resolution adopting a proposed amendment must receive approval of sixty (60) percent
of the votes of the entire membership of the Board of Directors, and seventy-five (75) percent of the
votes of the entire membership in the Corporation. Directors and members not present at the
meetings considering the amendment may express their approval in writing.
(c) Initiation. An amendment may be proposed by either the Board of Directors or by the
membership in the Corporation, and after being proposed and approved by one of such bodies, it
must be approved by the other.
(d) Effective date. An amendment when adopted, and in the case of Charter amendments
filed with the Secretary of State of the State of Florida, shall become effective only after being
recorded in the Public Records of Palm Beach County, Florida.
(e) No bylaw shall be revised or amended by reference to its title or number only. Proposals
to amend existing bylaws shall contain the full text of the bylaws to be amended; new words shall be
inserted in the text underlined, and words to be deleted shall be lined through with hyphens.
However, if the proposed change is so extensive that this procedure would hinder, rather than assist,
the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as
indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding
the proposed amendment in substantially the following language: ~Substantial rewording of bylaw. See
bylaw .... for present text." Nonmaterial errors or omissions in the bylaw process shall not invalidate
an otherwise properly promulgated amendment.
The foregoing were adopted as the By-Laws of BLOCK 60 CONDOMINIUM ASSOCIATION,
INC., a Corporation not for pr.o~fit under the laws of the State of Florida, at the first meeting of the
Board of Directors, on the ".; ~ day of ~.('~>ic'.t~,. --kd~L'"'~ ~ , 19 (1L'': .
Secretary
AMENDMENT OF BY-LAWS OF
BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC.
WHEREAS, the By-Laws qf BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC., have been recorded in the Public Records of Palm
Beach County in Official Record Book 8915, Pages 193-197; and
WHEREAS, at a duly called meeting of the membership of BLOCK
60 PARKING CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
held on the~'7.~ day of ~_~£'-"---.~ , 1996, at
corporation
which a quorum was present, the aforesaid By-Laws were amended
pursuant to said By-Laws of BLOCK 60 PARKING CONDOMINIUM
ASSOCIATION, INC.
NOW, THEREFORE, the undersigned hereby certify that the By-
Laws are amended as follows:
BYLAWS
I. IDENTITY
(b) The fiscal year of the Corporation shall be
October 1 through September 30.
VI. FISCAL MANAGEMENT
(d) A review of the accounts of the Corporation shall be
made annually by an accountant to be selected by the Board of
Directors, and a copy of the report shall be furnished to each
member not later than four months after the end of the year for
which the report is made.
WITNESS, my signature hereto this __~day of ~F~FL~
/~ , 1996, at D.~ ~,~ . . , FIorida.~
Christopher J. Brown, ~%in Ega~eside.t
Secretary ,,./ ~
STATE OF FLORIDA
COUNTY OF P~ BEACH
Before me, the undersigned Notary Public in and for the
aforesaid County and State, personally appeared Kevin Egan and
Christopher J. Brown as President and Secretary, personally kno~
to me, or who have produced
as identification and did take an oath, being first duly sworn and
cautioned by me, deposed and acknowledged that they are the
President and Secretary, respectively, of BLOCK 60 P~ING
CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation, that they freely and voluntarily executed said
inst~ent, in such capacities, on behalf of said corporation, for
the uses and purposes therein expressed, and that such execution is
the authorized act of such corporation.
SWORN TO, S~BSCRIBED ~D ACKNO~EDGED before me by said
ROBERT W. FEDE~PIEL
~:~ .0~o,~,~*,,.~u~c~..~. State of Florid~
Co~ission No.
(SE~) My co~ission expires:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'~ - MEETING OF MAY 20, 1997
WATER MAIN CONSTRUCTION AGREEMENT/VILLAS D'ESTE
DATE: MAY 16, 1997
This is before the Commission to approve an agreement between the
City and Villas D'Este for construction of a water main along
West Atlantic Avenue within the Florida Department of Transporta-
tion right-of-way.
In order for Villas D'Este to connect to an existing water main
within the right-of-way, the City is required to be named permit
applicant. This is a requirement when developers must perform
utility work within FDOT jurisdiction.
Recommend approval of the agreement between the City and Villas
D'Este for construction of a water main along West Atlantic
Avenue.
Agenda Item No.
AGENDA REQUEST
Date: May 13, 1997
Request to be placed on:
Workshop Agenda When: May 20, 1997
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of a generic
agreement between the City of Delray Beach and Villas D'Este for construction of a water main along
West Atlantic Avenue within the Florida Department of Transportation right-of-way.
ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YE~)
Recommendation: Staff recommends approval.
DEPARTMENT HEAD SIGNATURE: ~ ~ 5'/~/~-'3"
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives .(if applicable)
Account No. & Description
Account Balance
City Manager Review: Approved for agenda: {~/NO
Hold Until: '-~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, Acting ESD Director
SUBJECT: WATER MAIN CONSTRUCTION AGREEMENT - VILLAS D'ESTE
DATE: May 13, 1997
Attached is a copy of an agreement between the City and Villas D'Este for construction of a water main along
West Atlantic Avenue within the Florida Department of Transportation fight-of-way. This is a standard form of
agreement prepared by the City Attorney and is a generic requirement when developers must perform utility
work within F.D.O.T. jurisdiction since F.D.O.T. requires the servicing utility to be the permittee on all such
projects
Please place this item on the May 20, agenda for consideration by the City Commission.
RCH:cl
cc: David Tolces, Asst. City Attorney
File
AGREEMENT FOR CONSTRUCTION OF
WATER MAIN AT VILLAS D'ESTE
THIS AGREEMENT, made and entered into this ~ day of
/44 e ~J , 1997, by and between the VILLAS D'ESTE PARTNERSHIP, a
Florida general parmership ("VDP") and the CITY OF DELRAY BEACIt, a Florida
municipal corporation ("CITY").
WITNESSETH:
WHEREAS, VDP is presently constructing the Villas D'Este Development in
the City of Delray Beach along Atlantic Avenue; and
WHEREAS, as part of the construction, VDP is connecting to an existing
water main; and
WHEREAS, the parties desire to enter into this agreement to legally bind each
other, and their heirs, successors and assigns; and
WHEREAS, in order to connect to the existing City water main, VDP must
perform construction activity within the State of Florida Department of Transportation
(D.O.T.) right-of-way for Atlantic Avenue; and
WHEREAS, D.O.T. requires the CITY to be the named permit applicant for
the construction, and the parties wish to set forth their agreement with respect to the
application for a D.O.T utility permit for the connection of VDP'S water main to the CITY'S
water main.
NOW, TfIEREFORE, in consideration of the mutual covenants and
undertaldngs set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CITY and VDP do hereby agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference. All exhibits to this agreement are hereby made a part hereof.
2 In conjunction with the construction of the Villas D'Este project, the
CITY agrees to be the named applicant for the D.O.T. work permit for the connection of the
existing water main indicated in the plans attached hereto as Exhibit "A".
3 VDP agrees to pay directly to D.O.T. costs attributable to the permit
application, and all construction costs associated with the water main connection.
4 VI)P agrees to perform all construction associated with the water main
construction.
5 The CITY shall be responsible for, and agrees to provide or cause to be
performed, all inspection services during construction of the water main connection and final
certification for the system.
6 In consideration of the payment of Ten Dollars ($10.00) receipt of which
is hereby acknowledged, VDP hereby agrees to defend, indemnify and save harmless the
CITY, its officers, agents and employees, from or on account of any claims, losses, injuries or
damages, received or sustained by any person or persons during or on account of any
operations with the construction of the utility improvements on; or by or in consequence of
any negligence, in connection with the same; or by or on account of any use of any improper
materials; or by or on account of any act or omission of any contractor, subcontractors, their
agents, servants or employees, except for any loss or damage arising from any negligent or
intentional act or omission of the CITY, its officers, agents, or employees. VDP shall defend,
indemnify and save harmless the CITY, its officers, agents and employees, against any
liability arising from or based upon the violation of any Federal, State, County or City laws,
permits, by-laws, ordinances or regulations by the contractor, subcontractors, agents, servants,
or employees. VDP shall defend at its own expense or shall provide for such defense, at the
CITY'S option, against any and all claims or liability and all suits and actions of every name
and description that may be brought against the CITY which may result from the operations
and activities under this Agreement whether the construction operations be performed by the
contractor, subcontractor or by anyone directly or indirectly employed by either, except for
any loss or damage arising from any negligent or intentional act or omission of the CITY, its
officers, agents, or employees. The indemnification shall include all costs and fees, including
attorney's fees, and costs, at trial and appellate levels.
7 This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
8 Any notice required to be given hereunder shall be given by personal
delivery, by registered mail, or by registered expedited service at the addressees as specified
below, or at such other addresses as may be specified in writing by the parties hereto, and any
such notice shall be deemed received on the date of delivery.
CITY: Delray Beach City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33a. 4a.
Telephone: 407-243-7341
2
VDP: Villas D'Este Partnership
2640 Golden Gate Pkwy
Naples, Florida 34105
Telephone: 941-649-8606
9 If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions shall not in
any way be affected or impaired. This Agreement shall be simultaneously executed in
multiple counterparts, all of which shall constitute one and the same instrument and each of
which shall be deemed to be an original.
10. This agreement shall not be valid unless signed by the City Mayor and
City Clerk.
IN WITNESS WHEREOF, the CITY and VDP have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the
fn:st date written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to Form:
City Attorney
WITN~ V~ PARTNERSItlP
(P~iifit ~l~p~ Name) (Print ' lT~o s i don ~;
or Type Name, Title)
Villas D'Esto of Delray, Inc.
WITNESS:~/~ ~ Managing General Partner
~A~-g..~ ~ ~.~ (SEAL)
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 2nd day of
~ay , 1997 by ,Roy W. Cronacher, Jr. (name of acknowledging
· partner or agem), partner (or agent) on behalf of- Villas D' Este Partnersh~(~ne of
partnership), a partnership. He/She is personally known to me or has produced
(type of identification) as identification.
Sighature of Notary-P~biic - State
of Florida
VDP.agt
4
~ ~o~ . . ,,
I
~ S00'38'25 E
I
~0 ~"
S.S.
TEN
~VAL~ ~ BOX I PIG ~ 8' G.V
a A BOX
I
~E HAM~T : SAMP~
ENHANCE ~ NO. 1
· · BOX
I BEND
I
17.30
1~.30
1. SAlT ~NG
~ PA~T R~NR ~ 7 11 ~ ~' ; PIG
3. PRO, DE ~C IN ~ Z ;
AC~~ ~ ~.~ ~ND~ ; ~ ~U
~ I ~l[ NOT PLA'
16.90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ ~/'(,3'' - MEETING OF MAY 20, 1997
INTERLOCAL AGREEMENT WITH PALM BEACh{ COUNTY/JOINT
PARTICIPATION AND FUNDING
DATE: MAY 16, 1997
This is before the Commission to approve the Interlocal Agreement
with Palm Beach County for the funding of a joint construction
project; utility relocations on Military Trail between Clint
Moore Road and West Atlantic Avenue.
The City's portion of this project includes relocating two
sections of water main located at the L-34 and L-35 canals
between Linton Boulevard and Atlantic Avenue on Military Trail,
and the relocation of approximately 800 feet of force main along
the same alignment.
The lowest responsible responsive bidder for this project is
Hardrives of Delray, Inc. The contract will be awarded by the
County Commission on June 3, 1997. The City's portion of the
proposed contract amount is $128,110, and funding is available
from the 1993 Water and Sewer Bond (Account No. 440-5179-536-
69.20) through budget transfer from the Interest Earnings
(Account No. 440-0000-361-10.00).
Recommend approval of the Interlocal Agreement with Palm Beach
County for joint participation and funding of the project.
Agenda Item No.:
AGENDA REQUEST
DATE: May 16, 1997
Request to be placed on:
Regular Agenda
[] Special Agenda
[] Workshop Agenda
WHEN: May 20, 1997
Description of item (who, what, where, how much): Agreement between Palm Beach County and the City of
Delray Beach for joint participation and funding for the PBC project, Military Trail - Clint Moore Rd. to W. Atlantic
Ave. and CDB Project No.: 97-002, Military Trail Utility Relocations.
The City's portion of this project includes relocating two sections of water main located at the L-34 and L-35 canals
between Linton Boulevard and Atlantic Avenue on Military Trail (approximately 80 feet of water main) and the
relocation of approximately 800 feet of force main along the same alignment. Please note, the City has provided a
line item for a trench box. This Item is included to aide the contractor so as to avoid relocating additional City
utilities.
The funding sources for this project are as follows:
Portion of Project Funding Source Account Number Bid Amount
All 1993 Water & Sewer Bond 440-5179-536-69.20 $128,110.00
The lowest responsible responsive bidder for this project is Hardrives of Delray, Inc. The contract will be awarded by
the County Commissioners on June 3, 1997. The City's portion of the proposed contract amount is $128,110.00.
Ordinance/Resolution Required: YE .,~DraffAttached: YE .,~i~
Recommendation: Staff recommends entering the Agreement with Palm Beach County, CDB Project No. 97-002,
Military Trail Utility Relocations a~_cceots~,he~.~l bid in ~ amount of $128,110.00 for the City's portion.
Department Head Signature: \~ ~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r 'red on all items involving expenditur~ of ful~d~s~' , i ~i~ ~,~ ~'~r~=
Funding available: ~NO ~'~r~ ~6~ '~-~J~,r '~'~-~ "'~ """-' ~ '
Funding alternatives."~"t~) U0/°~ ~_~ ~0~r~ ~--~'K¢~'-~ '~_.z~,¢',~ .(if appli~able),
Account No. & Des.c. ription: ~/-[~-0[~[~0- ~(~J- ~), ~ {~ \°t~ t~5 ~k,~,v~0r~:[~_~r,~/-
Account Balance: ~q.,~ I. ~) ~
City Manager Review:
Approved for agenda: ~'~O ~,~/L. /I
Hold Until:.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: Project No.: 97-002 (A)
projects\97\97-002\official\arf9702.doc
Agenda Item No.:
AGENDA REQUEST
DATE: May 16.1~97
Request to be placed on:
[] Regular Agenda
r-~ Special Agenda
r-'] Workshop Agenda
WHEN: May 20. 1997
Description of item (who, what, where, how much): Agreement between Palm Beach County and the City of
Delray Beach for joint participation and funding for the PBC project, Military Trail - Clint Moore Rd. to W. Atlantic
Ave. and CDB Project No.: 97-002, Military Trail Utility Relocations.
The City's portion of this project includes relocating two sections of water main located at the L-34 and L-35 canals
between Linton Boulevard and Atlantic Avenue on Military Trail (approximately 80 feet of water main) and the
relocation of approximately 800 feet of force main along the same alignment. Please note, the City has provided a
line item for a trench box. This Item is included to aide the contractor so as to avoid relocating additional City
utilities.
The funding sources for this project are as follows:
Portion of Project Funding Source Account Number Bid Amount
All 1993 Water & Sewer Bond 440-5179-536-69.20 $128,110.00
The lowest responsible responsive bidder for this project is Hardrives of Delray, Inc. The contract will be awarded by
the County Commissioners on June 3, 1997. The City's portion of the proposed contract amount is $128,110.00.
Ordinance/Resolution Required: YE~Draff Attached: YESI~
Recommendation: Staff recommends entedng the Agreement with Palm Beach County, CDB Project No. 97-002,
Military Trail Utility Relocations anj;~cceptp~h, e bid in ~ amount of $128,110.00 for the City's portion.
Department Head Signature: (~/...?~.~t ] C.. - ~(~.~:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~ed on all items.,~nvolving expenditure of funds):
Funding available(' YES,NO
Funding alternatives' ~ ~--~' ~' I~ / ~ '~ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: E~N
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: Project No.: 97-002 (A)
projects\97\97-002\official~arf9702.doc
City of Delray Beach · Department of Environmental Services
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: MATTHEW J. RIER, CIVIL ENGINEER IV[~
DATE: MAY 16, 1997
SUBJECT: CDB PROJECT: MILITARY TRAIL UTILITY RELOCATIONS CDB PROJECT NO.: 97-002
PBC PROJECT: MILITARY TRAIL - CLINT MOORE RD. TO W. ATLANTIC AVE.
PBC PROJECT NO.: 91-505
Enclosed is an Agenda Request, a copy of the proposed joint agreement, and a budget transfer for the
regular Commission Meeting on May 20, 1997, requesting approval of the Agreement between Palm
Beach County and The City of Delray Beach for joint participation and funding for the referenced
project. The lowest responsible responsive bidder for this project is Hardrives of Delray, Inc. The contract
will be awarded by the County Commissioners on June 3, 1997. The City's portion of the proposed
contract amount is $128,110.00.
The City's portion of this project includes relocating two sections of water main located at the L-34 and
L-35 canals between Linton Boulevard and Atlantic Avenue on Military Trail (approximately 80 feet of
water main) and the relocation of approximately 800 feet of force main along the same alignment.
Please note, the City has provided a line item for a trench box. This Item is included to aide the
contractor so as to avoid relocating additional City utilities.
The funding sources for this project are as follows:
Portion of Project Funding Source Account Number Bid Amount
All 1993 Water & Sewer Bond 440-5179-536-69.20 $128,110.00
Please place this item on the agenda for commission approval.
Enclosures
cc: Joseph Safford, Finance Director
Richard C. Hasko, P.E., Acting Director of Environmental Services
File: Project No.: 97-002 (A)
projects\97\97-002\official\arm9702.doc
E -iV SVS/AE} ' I;'i.
97 15 PI,i 2:07
REC 2['v'3. D
Department of Ett~ineertng ' ~
and Pubflc Works ~a~ 9, ] 997
P.O. Box 21229
West Palm Beach, FL 33416-1229 MI'. Richard Hasko, P.E., Deputy Director of Public Utilities
(551) 584-4ooo City of Delray Beach
Environmental Services Depanment
434 South Swinton Avenue
· Delray Beach, Fl 33444
RE: ~IOINT PROJECT PARTICIPATION/FUNDING AGREEMENT IN THE
CONSTRUCTION OF MILITARY TRAIL FROM CLIlqT MOORE ROAD
~ neath County TO W. ATLANTIC AVENUE AND CLINT MOORE ROAD AND
soara or co~mty MILITARY TRAIL INTERSECTION IMPROVEMENTS
con~uissione~
PALM BEACH COUNTY PROJECT NO. 91505 & 94115
F~en L. Foster, Chairman
Dear Mr. Hasko:
Bun Aaronson. Vice Chairman
Enclosed herewith are three original joint project participation/fun~bg agreements for your utility
F~aren T. Marcus
work on the referenced project. Hardrives of Delray, Inc. was the lowest responsive bidder which
caro~ ^. aot~erts included your items of work in the amount of $128,110.00; the contract will be awarded by the
Board of County Commissioners on June 3, 1997.
Warren H. Newell
Mary saccarty Please review and request the City to execute the agreemenls and return all three originals for
execution by the County.
Maude Ford Lee
If you have any questions regarding this matter, please feel free to contact this office.
Sincerely,
Engineering/Public Works Operations
OAF/CLH:ree
Edwin J~¢k, P.E., D~uty County Ensin~r
Marl~me Ewfitt, A~i.~ant County Attorney - w/~ttaeh.
Tanya N. M~onn¢ll, P.E., l:~ram Man~g,r, Ro~w~y Production Div.
Carl Mill,r, Di~to~, Construction Coordination - w/sumrm~
Evelyn Allen, Dir~tor, Admini~mtiv¢ St~'vi~ - w/~ummsry
Carl L. Hu~-y, P~E., Utility Coordinator, Ro~w~y Produofion -w/att~h.
Jo~ph F. Bcrgcron, CPA, Capit~l Budget Mum~g~'/OFMB
H:~RO~J>WAY~GRM'B9150~DB.LTR
'An F_~I~al Opportunit~
A~irmat~ve Action Employer'
AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF DELRAY BEACH
FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF
MILITARY TRAIL FROM CLINT MOORE ROAD TO WEST ATLANTIC AVENUE
AND CLINT MOORE ROAD AND MILITARY TRAIL INTERSECTION
IMPROVEMENTS
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO. 91505 & 94115
THIS AGREEMENT, made and entered into this day
of 1997, by and between PALM BEACH COUNTY, a political subdivision
in the State of Florida, herein referred to as "COUNTY" and the CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter referred to as the "CITY"
WITNESSETH:
WHEREAS, the COUNTY intends to construc~ improvements toMilitary Trail from Clint
Moore Road to West Atlantic Avenue and Clint Moore Road and Military Trail Intersection
Improvements, hereinaf[er "PROJECT"; and
WHEREAS, the CITY desires to construct water distribution and or sewage
transmission systems, utility adjustments and other utility system improvements, hereinai~er
IMPROVEMENTS; and
WHEREAS, COUNTY and CITY desire to jointly participate in the construction of the
IMPROVEMENTS and the PROJECT in order to make the best use of COUNTY and CITY
resources and to minimize disruption to the traveling public; and
WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
.WHEREAS, both COUNTY and CITY declare that it is in the public interest that the
"IMPROVEMENTS" be constructed with the "PROJECT"; and
AGREEMENT WITH THE CITY OF DELRAY BEACH
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the Parties agree as follows:
1. The purpose of this Agreement is to clarify the parties' roles and obligations
regarding procurement, construction and funding of CITY's IMPROVEMENTS to be
constructed in conjunction with the PROJECT.
2. The CITY agrees to fund and pay directly to the COUNTY costs attributable to
construction of the "IMPROVEMENTS" along the right-of-way of the PROJECT as outlined and
shown in the Bid Documents for Palm Beach County Project # 91505 and 94115.
3. Said cost for the IMPROVEMENTS is (ONE HUNDRED TWENTY EIGHT
THOUSAND ONE HUNDRED TEN AND NO CENTS) ($128,110.00), in accordance with
the attached bid tabulation (Attachment "A") and summary of the IMPROVEMENTS
(Attachment "B").
4. Costs shall be adjusted upon actual contract costs at completion of the project using
contract unit prices and actual constructed quantities. Said quantities being measured by the Palm
Beach County Engineering and Public Works Department in conjunction with the CITY's
Consulting Engineer.
5. The CITY agrees to remit payment as set forth in Paragraphs 1 through 3 above
within thirty (30) days of receiving written notice from the COUNTY that payment is required.
6. The COUNTY is to be responsible for administering the funds in accordance with
this Agreement.
7. The CITY is to be responsible for, and agrees to provide or cause to be
performed all inspection services during construction of the IMPROVEMENTS, including
certification of the IMPROVEMENTS.
8. The COUNTY shall obtain CITY approval for any change orders which increase
the cost attributable to the construction of IMPROVEMENTS in an amount greater than the
contract amount as stated in Paragraph 3 of this Agreement. The CITY shall notify COUNTY of
the its intent to approve or deny the change order within ten (10) working days of COUNTY's
notice to CITY of the necessity for a change order relating to the IMPROVEMENTS. The
2
~tGREEMENT WITH THE CITY OF DELRAY BEACH
CITY shall be responsible for any costs caused by the CITY's delays including but not limited to
PROJECT delays.
9. In the event that additional IMPROVEMENTS and funding is required, for the
satisfactory completion of the IMPROVEMENTS, the additional cost attributable to the
construction of the LMPROVEMENTS, as outlined in the specifications for this project, is the
responsibility of the CITY. In the event of an under run attributable to said construction of the
IMPROVEMENTS, the CITY will be credited the excess amount.
10. The parties to this agreement shall not be deemed to assume any liability for the
negligent or wrongful acts or omissions of the other party. Nothing contained herein shall be
construed as a waiver by either party of the liability limits established in Section 768.28, Florida
Statutes. Liability for injury to personnel and the loss or damage of equipment shall be borne by
the party employing such personnel or owning such equipment.
1 I. In the event a claim or lawsuit is brought against the COUNTY its officers,
employees, servants, or agents, CITY agrees without waiver of limitation as provided for in
Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold
harmless the COUNTY, its officers, employees, servants or agents from and against any claims,
losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the
COUNTY, its officers, employees, servants or agents may or could sustain as a result of or
emanating out of the terms and conditions contained in this Agreement whether arising out of any
act, omission or fault whether active or passive of the COUNTY or anyone acting under its
direction or control, or on its behalf in conjunction with or incidental to the performance of this
Agreement.
12. In the event a claim or lawsuit is brought against the CITY, its officers,
employees, servants, or agents, COUNTY agrees without waiver of limitation as provided for in
Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold
harmless the CITY, its officers, employees, servants or agents from and against any claims,
losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the
CITY, its officers, employees, servants or agents may or could sustain as a result of or
emanating out of the terms and conditions contained in this Agreement whether arising out of any
act, omission or fault whether active or passive of the COUNTY or anyone acting under its
AGREEMENT WITH THE CITY OF DELRAY BEACH
direction or control, or on its behalf in conjunction with or incidental to the performance of this
Agreement.
13. All provisions of this Agreement calling for the expenditure of ad valorem tax
money by either COUNTY or CITY are subject to annual budgeta~ funding and should either
Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this
Agreement may be terminated. However, once the construction of IMPROVEMENTS
commences this Agreement shall be binding upon the parties and shall no longer be contingent
upon the availability of funds for the proposed IMPROVEMENTS. The CITY shall not have the
right to terminate this Agreement for the reason that sufficient funds are not available for the
IMPROVEMENTS. Further, once the COUNTY commences construction of
IMPROVEMENTS, the IMPROVEMENTS shall be prosecuted to completion, unless the CITY
notifies the COUNTY in writin8 that further work on the IMPROVEMENTS shall cease. In that
event the CITY shall be responsible for all costs incurred relating to the IMPROVEMENTS.
14. Any and all notices required or permitted to be given hereunder shall be deemed
received three (3) days after same are deposited in U.S. Mall sent via certified mail, return receipt
requested.
All notice to the CITY shall be sent to:
City of Delray Beach
Environmental Services Department
434 South Swinton Avenue
Delray Beach, Fl 33444
Attn: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
All notice to the COUNTY shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416-1229
ATTN: Roadway Production
15. Any costs or expenses, including reasonable attorney's fees, associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the respective parties
provided, however, that this clause pertains only to the parties to this Agreement.
16. Except as expressly permitted herein to the contrapd, no modification, amendment
or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and equality of dignity herewith.
AOHEEMENT WITH THE CITY OF DELRAY BEACH
17. This Agreement shall be construed and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereinaf[er existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power or remedy hereunder
shall preclude any other or fiJrther exercise thereof.
18. The preparation of this Agreement is considered a joint effort of the parties and the
resulting document shall not solely as a matter of judicial constraint be construed more severely
against one of the parties than the other.
19. The COUNTY and the CITY agree that no person shall on the grounds o£race,
color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be
excluded from the benefits of or be subjected to any form of discrimination under any activity
carried out by the performance of this Agreement.
20. In the event that any section, paragraph, sentence, clause or provision hereof is
held invalid by a court of competent jurisdiction, such holding shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
21. This Agreement represents the entire understanding between the parties and
supersedes all other negotiations, representations or agreements, either written or oral, relating to
this Agreement.
IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and
seals on the day and date first written above.
AGREEMENT WITH THE CITY OF DELRAY BEACH
CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA,
BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Chairman
ATTEST: ATTEST:
ALISON MAC GREGOR HARTY DOROTHY H. WILKEN
CITY CLERK CLERK
By: By:
Deputy Clerk
(DATE) (DATE)
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY: AND LEGAL SUFFICIENCY:
By:. By:
City Attorney Assistant County Attorney
h:h-oadway~agrmt\91505db
ATTACHMENT "B"
PROJECT NAME: MILITARY TRAIL FROM CLINT MOORE ROAD TO W. ATLANTIC AVENUE &
CLINT MOORE ROAD AND MILITARY TRAIL INTERSECTION IMPROVEMENTS
PROJECT NUMBERS: 91505 & 94115 Hardrivea of Deiray, Inc.
rev 04/01/97
ri'EM UNITS QT¥ UNIT PRICE AMOUNT
2! ~ (CURS) frYPg J--9 (CONFLICT) * ~.a t $4,750.00
2IA INLETS (CURB) (TYPE J-~) EA l
D~YERENCE BETWEEN ITEMS 21 AND 2lA 2 $1,2~0.00 $2,~00.00
22 INLETS (CURB) (TYPE J-6) (CONFLICT) * EA I $~200.00
22A INLETS (CURB) (TYPE J-6') EA I $4,300.00
D~']~cF~NCE BETWEEN ITEMS 22 AND 22A 6 $900.00 $~,400.00
44 TRENCH BOXES LF 1,O0 $10.00 $16,900.00
CONTINGENT ITEMS **
SSA ADJUST VALW SOX~S EA ? $100.00 $700.00
67 AD, ST MANHOLE ~ tS $300.00
77 SUrPORT WATIUt MAiN LF tOO $10.00 $1,000.00
CITY OF DELRAY BEACII ITEMS
s0 RF.~OVE ~C~ST~O WATER MA~ LS t $500.00 $S00.00
St 12" Dm WATER MA~ LF S0 $60.00 $4,800.00
82 12" WATER MAIN LINE STOP EA 4 $2,~00.00 $10,000.00
83 CONFLICT STRUCTURE EA 2 $4,000.00
S4 6" FORCE MAIN RELOCATION LF t,sgo S30.00 $47,700.00
ss TRENCH BOX LF t,S00 S0.50 $900.00
86 VIDEO ALLOWANCE LS I S200.00 S200.00
s? WFILn'Y ALLOWA~C~ LS t $25,000.00 $25,000.00
80 IrfOEMmFICATION I,S I $10.00 $10.00
TOTAL AMOUNT OF BID $128,110.00
NOTE: ITEMS #66A, 67, 77, 80-98 SHALL BE CONSTRUCTED IN
ACCORDANCE WITH THE CITY OF DELRAY STANDARDS, PLANS
(SHEETS 96-100) AND SPECIFICATIONS. THE CONTRACTOR
IS RESPONSIBLE FOR ALL COORDINATION WITH THE CITY FOR
THEIR WORK. ALL COSTS FOR SUCH COORDINATION SHALL BE
INCLUDED IN THE ITEMS.
City ef IDeiray Beach
Budget Transfer Form
(1) Oem3m"nen~a]UneT~ansfer (~Date Ma? 16~ 1997
(3) Interfun~lmerde~3anmenta] Transfer (4) Batch Number
(5~ Reques~e~8¥: Richard C. Hasko, P.E., Acting Director of Environmental Services
PRO, JEt.%"T ~ I (6] ACCOUNT NIJME[E~ [ ~ OIE.~CRIPTIQN 1(83 TRANSFER QUT [ (91 TRANS~-'"~_ IN
97-002 4,40-0000-361-10,00 1993 W/S Revenue Bond
Interest Earning
Acct. '$ 128,110.00
440-5179-536-69.20 1993 W/S Revenue Bon,[ $ 128,110.00
Military Trail
Utility Relocation
(10) TOTALI $ 128.110.00 $ 12~.110.00
JU~C~(DN: TQ provide fundin~ for Pro~eet N~mh~r g7-~9. M~]~t~rv Trm~] , ,
(11) Budget Re ate (12) Con~rol Number
(1~ Pedod (14) Count
ORIGINAL-SU~G~ CANARY-FILE PINK-Q ~OAR~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'/!,
SUBJECT: AGENDA ITEM # ~' - MEETING OF MAY 20, 1997
PALM BEACH COUNTY RIGHT-OF-WAY ACQUISITION
DATE: MAY 16, 1997
This is before the Commission to approve Palm Beach County's
acquisition of a portion of a City-owned parcel of land at Lift
Station 60A for right-of-way, in conjunction with the County's
widening of Military Trail between Clint Moore Road and West
Atlantic Avenue.
The City-owned parcel abuts the east right-of-way of Military
Trail, south of Linton Boulevard, at the southwest corner of the
South County Mental Health Center. The County requires acquisi-
tion of the westerly ten feet of this parcel for sidewalk
construction, with compensation for the additional right-of-way
established at $480.00. Dedication of the westerly ten feet to
the County will leave the City with a parcel of approximately 40
by 33 feet, and will have no impact on the City's ability to
operate and maintain the existing facilities.
Recommend approval of deeding the required right-of-way to Palm
Beach County.
Agenda Item No. ~J~'
AGENDA REQUEST
Date: May 13, 1997
Request to be placed on:
Workshop Agenda When: May 20, 1997
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of a sidewalk easement
agreement, with Palm Beach County for the acquisition of the westerly ten (10') feet of a City owned parcel
of land abutting the east right-of-way of Military Trail, south of Linton Boulevard, in conjunction with
Palm Beach County Project #91-505, for the widening of Military Trail between Clint Moore Road and
West Atlantic Avenue.
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES~
Recommendation: Staff recommends approval.
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: 0 ~,'L /
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., Acting Director of Environmental Services
SUBJECT: PALM BEACH COUNTY RIGHT-OF-WAY ACQUISITION - MILITARY TRAIL:
CL1NT MOORE ROAD TO W. ATLANTIC AVENUE
DATE: May 14, 1997
In conjunction with Palm Beach County Project #91-505, for the widening of Military Trail between Clint
Moore Road and West Atlantic Avenue, the County is currently finalizing the acquisition of additional road
fight-of-way to accommodate the proposed improvements. Toward this effort, the attached documentation
identifies a City owned parcel of land abutting the east right-of-way of Military Trail, south of Linton
Boulevard, at the southwest comer of the South County Mental Health Center. The County requires
acquisition of the westerly ten (10') feet of this parcel for sidewalk construction, with compensation for the
additional right-of-way established at $480.00.
The subject parcel is Tract B of the South County Mental Health Center Plat and is the location of Lift
Station 60A. This Lift Station provides sewage transmission service to the Mental Health Center as well as
the recently constructed Citation Club residential complex to the south. A site visit indicates that the Lift
Station and all appurtenant facilities lie generally on the easterly side of the existing 40'x43' parcel.
Dedication of the westerly ten feet to the County will leave the City with a parcel of approximately
40'x33', and will have no impact on the existing facilities therein or the City's ability to operate and
maintain those facilities.
Also attached is a copy of Screen #8 from the AS400 County Property Information Menu which lists the
current appraised value of the parcel at $300.00
In view of the foregoing, I would recommend Commission approval of deeding the required fight-of-way
to the County per the terms enumerated in the attached correspondence.
RCH:cl
cc: Susan Ruby, City Attomey
HASKO .. N.A.L. COUNTY TAPES INQUIRY 8:18:09
RAL001ID G E N E R A L I N F 0 R M A T I 0 N #2 5/14/97
(Opt. 8)
PID#: 12 42 46 25 14 002 0000
Codes Curr. Yr. Prey. Yr.
County millage ...... 98 Agricultural $..
Municipal millage .. 00 Assessed $ ......
Drainage Dist ....... LAKE WORTH D.D. New Constrc $...
Prop. use ........... 089 Land $ .......... 300 300
Mortgage ............ Building $ ......
Transfer ............ System $ ........ 300 300
Rental .............. Homestead % .....
Lease ............... Homestead $ .....
Ownership ........... Widow $ .........
Information ......... N Disability $ ....
D.S.C ............... Energy $ ........
Voter Dist ..........
Other Exemp $... 300 300
Exemption Code.. 12 12
Condo type ..........
Land Use ............
E.A.A Code .........
CF3: End CF12: Backup CF4: Menu CF6: Search Enter: Next Fi:HELP
lIT'/IIF EIELRFI'/BER[H
Writer's Direct Line: (561) 243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
'IIII: DATE: May 13, 1997
1993
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Sidewalk Easemem Request of County_
I have reviewed the sidewalk easement and f'md the easement deed acceptable as to legal
sufficiency and form with the caveats mentioned below.
The letter attached to the easement references an enclosed restoration agreement,
however, the restoration agreement was not included in the materials you sent for my
review. Therefore, I express no opinion on it, except to say that construction and
restoration agreements would be necessary for construction of a sidewalk by the County.
Engineering should be consulted to determine if the easement proposed conflicts with
current or proposed water/sewer lines, etc. If there is a conflict, the sidewalk easement
should be non-exclusive and indicate that utilities including water and sewer, cable,
telephone, electricity, etc. may be located within the sidewalk easement by the City or
other utilities and the costs of restoration of the sidewalk that may be incurred because of
utility location or repair shall be born by the County.
If you need anything further, please call.
cc: Dick Hask76, Assistant City Engineer
sidewik.sar
May 2, 1997 ~C~~
Department of Engineering
and Public Works City of Delray Beach
P.O. Box21229 City Hall 100 N.W. First Avenue
West Palm Beach, FL 33416-1229 Delray Beach, FL 33444
(561) 684-4000
http :l lwww. co.palm-beachfl, us
Attention: Mr. David Harden, City Manager
· Re: Project No.: 91505
Project Name: Military Trail
Job Limits: Clint Moore Road to
Palm Beach County West Atlantic Boulevard
Board of County Parcel No.: 4
Commissioners
Burr Aaronson, Chairman Dear Property Owner:
Maude Ford Lee, Vice Chair
As you are probably aware, Palm Beach County is in the
KarenT. Marcus process of acquiring the needed rights-of-way for the
Carol A. Roberrs above referenced road. It has been determined that
either part or all of your property will be needed by
Warren H. Newell
the County for the construction of this road. We have
Mary McCarty had your property appraised by a qualified Real Estate
Ken L. Foster Appraiser who has certified to us that the market
value of your property required by the County is in
the total amount of $480.00.The following represents
a breakdown of this total figure:
County Administrator
LAND (SIDEWALK EASEMENT) $ 400.00 DAMAGES $ -0-
Robert Weisman, P.E.
IMPROVEMENTS *$80.00 COST-TO-CURE $ -0-
TEMPORARY CONSTRUCTION EASEMENTS $__-0-
* Sod
Palm Beach County has made a diligent effort to give
you what, in the opinion of experts, represents full
and just compensation for the property required from
you. We have enclosed a Warranty Deed for the portion
of property we need, and if you find the amount
agreeable, please sign and return it to our office for
"An Equal Opportunity
Affirmative Action Employer"
~ printed on recycled paper
Page Two
Project No.: 91505
Parcel No.: 4
acceptance by the Board of County Commissioners.
Payment for the parcel will take approximately six to
eight weeks after we receive the deed (and any
appropriate releases, if applicable).
As a property owner, you have the right to submit to
the County a complete appraisal on your property by_
~4ay 30~ 199~__ This report should contain all the
data upon which your appraiser's conclusions are based
and should be prepared by an appraiser with
appropriate qualifications for the type of project
involved. The County will use this appraisal report,
along with its own appraisal reports, in determining
just compensation due you as a property owner.
If you intend to claim business damages, you may also
submit to the County a complete estimate of business
damages to your property on the same date you submit
your appraisal report. The estimate shall explain the
nature and extent of such damages and shall be
prepared by either yourself or a Certified Public
Accountant. If you submit an estimate of business
damages to the County, you shall also permit the
County to copy and examine, at a mutually agreed upon
time, those business records deemed necessary for the
County to arrive at its own estimate of business
damages.
The County will pay your appraiser and/or Certified
Public Accountant for reasonable appraisal and
accounting fees incurred to secure either or both
reports. Reasonable appraisal or accounting fees
should not exceed the general or customary hourly rate
for such fees in the community. To request payment be
made, you will need to submit an original invoice for
each service, which must include the nature of the
Page Three
Project No.: 91505
Parcel No.: 4
services performed by date, the number of hours
expended by date, and the hourly rate(s) for such
services.
We have also enclosed a Restoration Agreement, which
is self explanatory, for your signature. This item
does not have to be notarized. You may keep a copy for
your records.
If your property is leased or rented, please complete
the form that is enclosed and return it. Thank you for
your cooperation.
If you have any questions, Virginia Ugi, Right-of-Way
Specialist, is handling this parcel and will be happy
to assist you in any way, call (561) 684-4195.
Sincerely,
Ed Handy, Supervisor
Right-of-Way Acquisition Section
EH:VU:sh
Enclosures
603-AGR
Rev. 10/96
Name: Palm Beach County Engineering
Address: Best Palm Beach, Florida 33416
Acct. No.: 136-04-240
Name: Paul F. King, Assistant County Attorney
Palm Beach County
Address: Post Office Box 21229
Best Palm Beach, Florida 33416
(Individual/Partnership) PROJECT NO:
ROAD:. MILITARY T~AIL/CLINT MOORE ROAD TO
W~T AT?~ANTIC BOULEVARD
PARCEL NO: 4
~IDEWALK
THIS EASEMENT, made this __day of 19__, between CITY OF
as the part_~ of the first part, and PALM BIACH COUNTY, a political subdivision of the State of
Florida, as the party of the second part.
WITNESSETH: That the part_~ of the first part, for and in consideration of the sum of ONE {$1.00)
dollar and other valuable considerations, receipt whereof is hereby acknowledge, hereby grant(s) unto
the party of the second part, its successors and assigns, a perpetual easement and right-of-way for
the purpose of a SIDEWALK easement, over, upon, under, through and across the following described
land, situate in Palm Beach County, Florida, to-wit:
Property more particularly described in Exhibit "A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD THE SAME unto the party of the second part, /ts successors and assigns forever.
IN WITNESS WHEREOF, the said part~ ha~ hereto set~ hand(s) and seal(s) the day and year first
above written.
Signed, sealed and delivered in the presence of:
(Signature of two witnesses required by Florida law)
Witness
CITY OF DELP~AY BEACH
Typed or printed name of witness Typed or printed name
Mailing address
Witness
Typed or printed name of witness
STATE OF Typed or printed name
COUNTY OF
Mailing address
BEFORE ME, the undersigned authority, personally appeared
who is/are personally known to me or who has/have produced
as identification and who did/did not take an oath, executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal this_ day of 19__.
Signed.
Notary Public in and for the County and State aforementioned
NOTARIAL SEAL
257-LGL Typed or printed name of Notary Public
Rev. 07/96 My Commission expires:
MILITARY' TRAIL
A PARCEL OF LAND LYING WITHIN TRACT B OF THE PLAT OF "SOUTH COUNTY MENTAL
HEALTH CENTER" AS RECORDED IN PLAT BOOK 76, PAGES 148 OF THE PUBLIC RECORDS
OF PALM BEACH ~OUNTY, FLORIDA; SITUATED WITHIN THE NORT~ I/2 (ONE-HALF) OF THE
SOUTH ~/2 (ONE-HALF) OF THE NORTHWEST I/4 (ONE-QUARTER) OF THE NORTHWEST I/4
(ONE-QUARTER) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS~
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 25, THENCE SOUTH 01°22'37"
EAST ALONG THE WEST LINE OF THE NORTHWEST OUARTER OF SAID SECTION 25, A DISTANCE
OF 672.38 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH
LINE OF SAID PLAT OF "SOUTH COUNTY MENTAL HEALTH CENTER"; THENCE NORTH 88°42'38,.
EAST ALONG SAID WESTERLY PROLONGATION, A 0ISTANCE'OF 50.00 FEET TO AN INTERSECTION
WITH THE EXISTING EAST RIGHT OF WAY LINE OF MILITARY TRAIL, AS RECORDED IN OFFICIAL
RECORD BOOK 499, PAGE 498 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY,
FLORIDA AND NORTHWEST CORNER OF SAID PLAT "OF SOUTH COUNTY MENTAL HEALTH CENTER";
THENCE SOUTH O2°~T°39'' WEST ALONG SAID EXISTING EAST RIGHT OF WAY LINE AND WESTERLY
LINE OF SA(0 PLAT, A 0ISTANCE OF 234.27 FEET TO AN INTERSECTION WITH THE EXISTING EAST
RIGHT OF WAY LINE OF MILITARY TRAIL, AS RECORDED IN OFFICIAL RECORDS BOOK 3OI2,
PAGE 1487 OF SAID PUBLIC RECOROS; THENCE SOUTH OI°22'37'' EAST, ALONG SAID EXISTING
EAST RIGHT OF WAY LINE AND WESTERLY LINE OF SAID PLAT, A 01STANCE OF 62.37 FEET
TO THE NORTHWEST CORNER OF TRACT B OF SAID PLAT OF °°SOUTH'COUNTY MENTAL HEALTH
CENTER" AND POINT OF BEGINNING, THENCE CONTINUE SOUTH 01~22'37" EAST ALONG SAID
EXISTING EAST RIGHT OF WAY LINE AND WEST LINE OF SAID TRACT B, A DISTANCE OF 40.02
FEET TO THE SOUTHWEST CORNER OF SAID TRACT B; THENCE NORTH 88°43°24" EAST ALONG
THE SOUTH LINE OF SAI0 TRACT B, A DISTANCE OF IO.00 FEET TO AN INTERSECTION WITH
A LINE 45.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO,
THE WES% LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25: THENCE NORTH 01°22'37''
WEST ALONG SAI0 PARALLEL LINE. A 0(STANCE OF 40.04 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID TRACT B: THENCE SOUTH 88°37'23'. WEST ALONG SAID NORTH LINE.
A DISTANCE OF I0.O0 FEET TO THE NORTWEST CORNER OF SAID TRACT B AND POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS: 400 SQUARE FEET OR 0.0092 ACRES.
THE BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF SOUTH O1°2~'37''
EAST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25, TOWNSHIP
46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA.
CERTIFICATION:
IHEREBY CERTIFY'THAT THE DESCRIPTION AND SKETCH ATTACHED HERETO MEET THE INTENT
OF THE MINIMUM TECHNICAL STANOAROS FOR DESCRIPTIONS AND SKETCHES AS SET FORTH
IN CHAPTER 61617-6.006 (I) 0F THE FLORIDA ADMINISTRATIVE CODE.
PATRICK B. MEEUS JANUARY 31, 199T
FROF£SSION.~L SURVEYOR & MAPPER THIS IS NOT A SURVEYI
FLORIDA REGISTRA.~T N0.4728 NOT VALI0 UNLESS EMaOSSEO WITH SURVEYORS' SEAL.
~,~,,- c~oo~,, c~,,~ / MILITARY TRAIL i ~,,,o.
P~o~ (56~t 96~-6550 ~ox= (561) 966-6172
~IBIT "A" ~
~B~T uAu
LAWSON & POWEL, INC.
Palm Beach Gardens, Florida Real Estate Appraisers and Consultants Affiliate Offices:
Douglas B. Lawson, MAI Licensed Real Estate Broker Houston & Austin, Texas
Steven J. Powel
8895 N. Military Trail, Suite 304E
Palm Beach Gardens, FL 33410
Telephone: (561) 622-5533
Fax: (561) 622-0159
April 16, 1997
Mr. Ed Handy
Right-of-Way Supervisor
Right-of-Way Acquisition Section
Department of Engineering and Public Works
Palm Beach County
P. O. Box 21229
West Palm Beach, Florida 33416-1229
RE: Project 91505, Military Trail, Parcel No. 4, Perpetual Sidewalk Easement located on
the east side of Mih'tary Trail, approximately 600 feet south of Linton Boulevard,
Delray Beach, Florida. The property is known as City of Delray Beach Tract B Lift
Station.
Dear Mr. Handy:
As requested, we have made an investigation and analysis of the above referenced property
for acquisition by Palm Beach County of a sidewalk easement over a portion of the property.
The purpose of this investigation and analysis is to estimate the Market Value of the Fee
Simple Estate of the Parent Tract, for the purpose of estimating Just Compensation for the
value of the Sidewalk Easement, as well as damages to the Remainder, if any. Our analysis
reflects an appraisal date of April 7, 1997.
As a result of our investigation and analysis, as well as a general knowledge of real estate
valuation procedures, it is our opinion that as of the appraisal date, the Sidewalk Easement
had the following values:
Mr. Ed Handy
April 16, 1997
Page Two
Sidewalk Easement
Land $40O
Site Improvements -0-
Landscaping $80
Cost to Cure -0-
Damages to Remainder -0-
Total Compensation Estimate $480
The opinion of values herein, as well as every other element of this summary appraisal report,
are q,,alified in their entirety by the General Assumptions and Limiting Conditions set forth in
this report. Special attention is directed to Limiting Conditions 10 and 11.
A description of the property appraised, together with an explanation of the procedures
utili:,ed in the appraisal, are contained in the attached summary appraisal report. For your
convenience an executive summary of the facts and findings follows this letter. Should you
have any questions regarding this report, please do not hesitate to contact us.
Respectfully submitted,
Douglas B. Lawson, MAI
State-Certified General Real Estate Appraiser RZ0000170
DBL:nji (#7134b)
Attachments
LAWSON & POWEL, INC.
VALUATION
Preface to Value
Traditionally, there are three approaches to estimating Market Value. These approaches
are known as the Cost, Sales Comparison, and Income Capitali:,ation Approaches. In this
instance the Subject Property is improved with a lift station. We have considered the
three approaches to value in valuation of this property. However, upon inspection of the
Parent Tract and the proposed easement, it has been determined that there are no
severance damages to the Remainder as a result of the easements. Therefore, the Sales
Comparison Approach has been employed in order to estimate the value of the Parent
Tract as vacant land.
SALES COMPARISON APPROACH
The Dictionary of Real Estate Appraisal, by the American Institute of Real Estate
Appraisers (Third Edition 1993), defines Sales Comparison Approach on page 318 as
follows:
"A set of procedures in which a value indication is derived by comparing the
property being appraised to similar properties that have been Sold recently, applying
appropriate units of comparison, and making adjustments to the sale prices of the
comparables based on the elements of comparison. The sales comparison approach
may be used to value improved properties, vacant land, or land being considered as
though vacant; it is the most common and preferred method of land valuation when
comparable sales data are available."
To estimate Market Value for the Subject Property using this approach, a sales search
was made for similar type properties in proximity to the Subject. However, nearby
current sales were somewhat limited, therefore, we expanded our search to include other
areas of Central Palm Beach County. Additionally, real estate brokers who are active in
the area were consulted for their knowledge of properties currently offered on the market
for sale which would be in competitions with the Subject Property.
Available market data has been investigated, analyzed and compared with the Subject,
based upon similar and differing characteristics as deemed supportable and appropriate.
For the purpose of this analysis, we have used a rating system by which the sales were
compared directly to the Subject Property in order to determine a value estimate. We are
of the opinion that an analysis of the comparables with adjustments being made on a
percentage basis would be highly subjective and inappropriate in this case.
20 LAWSON & POWEL, INC.
Conclusion of Parent Tract Value
As shown on the facing page, our research produced five sales of vacant properties that
were considered suitable for direct comparison to the Subject. Numerous other
transactions were also given consideration.
All of the sales were analyzed on a price per square foot and a price per acre basis. The
following discussion is based on a price per square foot basis, which is considered the
most applicable unit of comparison by most market participants for this type of property.
On a price per square foot basis, the comparables ranged from $1.00 (Sale 1) to $2.06
(Sale 5). The indicated mean of the comparable sales is $1.31 per square foot. Excluding
Sale 5, the comparables' range (Sales 1 through 4) is fairly fight between $1.00 to $1.17
per square foot.
The sampling of market data ranged in date from February 1994 through August 1995. In
order to equate each of the comparables to the Subject site, characteristics such as
property rights conveyed, terms of financing (cash. equivalency), conditions of sale,
market conditions (time), locafion/acce, ss, size and shape, zoning and concurrency
requirements were considered.
Consideration must be given to the uniqueness of the property and more importantly the
current zoning restrictions placed on the property. Based on the aforementioned, it is our
opinion the Subject Property has a Market Value, as of April 7, 1997, of $2.00 per square
foot, or $3,500 calculated as follows:
1,742 square feet x $2.00/SqFt = $3,484
Indication of "Land Value" Rounded $3,500
Marketing Period
Based on a review of the comparable sales, as well as discussions with marketing
specialists familiar with this type property, a marketing period of 6 to 12 months is
considered appropriate when properties are priced reasonably. The value estimate of the
Parent Tract is considered reasonable within the market for this type property. Therefore,
a marketing period of up to one year is projected.
21 LAWSON & POWEL, INC.
SIDEWALK EASEMENT
Proposed Use
Parcel 4 will be used as a permanent sidewalk easement on the east side of Military Trail.
,Legal Description
See the Sidewalk Easement sketch and legal description prepared by Metric Engineering,
Associates, Inc. located in the Addenda of this report.
.Size.
Based on the above mentioned Sidewalk Easement sketch and legal description. Parcel 4
is a rectangular shaped parcel on the east side of Military Trail approximately 600 feet
south of Linton Boulevard. Based on the legal description provided, this Easement
contains a total area of 400 square feet.
Improvements in the Easement
Improvements in the Sidewalk Easement consist of landscape-in the form of sod only.
Cost to Cure items have been considered in the Remainder section of this report.
Value of the Sidewalk Easement
Land Value
An easement is an interest in real estate that conveys use, but not ownership, of a portion
of an owners property. While easements are not a taking in "fee simple", the Subject
easement will limit the beneficial interests in that area of the property. The area of the
easement will be subject to use by the County for installation and construction of
sidewalk improvements. The easement will also convey the fight to enter upon the
property for maintenance and repair of these improvements on a perpetual basis.
In the after condition, the property owner will retain ownership of the land area and that
area will remain in similar use. However, it will be encumbered by the easement
resulting in a loss of rights over the easement area. The loss in rights, in our opinion, will
result in a 50% loss in value of the land in the easement area.
The land value of the Parent Tract was estimated at $87,120 per acre or $2.00 per square
foot. The encumbrance of the easement is estimated to reduce the value of the easement
22 LAWSON & POWEL, INC.
area by 50%. Therefore, the land value of the Sidewalk Easement is calculated as
follows:
Parcel 4:400 SF ~ $2.00/SF x 50% = $400
Value of Landscape
The value of landscape in the Part Taken is estimated based on reference to the Plant
Finder foliage guide, conversations with local landscapers and landscape architects, as
well as past experience. Landscape values are estimated based on their cost installed at
the commercial price of a suitable replacement. The replacement value of landscape in
the Part Taken is estimated as follows:
160 SqFt of Sod Replacement Value: $80
Summary of Values of the Sidewalk Easement
Land $400
Landscape $80
Site Improvements -0-
Total Land and Improvements $480
REMAINDER TO THE PARENT TRACT
Site Analysis
The Remainder site is a rectangular shaped parcel which has approximately 40 front feet
on the south side of Military Trail. The site will still have a depth of approximately 43
feet. The site contains a total of 1,742 SqFt. The 1,742 SqFt site will be encumbered by
a 400 square foot Sidewalk Easement along the Military Trail frontage.
Improvement Analysis
The Remainder is improved, as before the Taking, with a lift station and landscape.
Highest and Best Use
The highest and best use of the Remainder is as before the Taking, for community
facilities, unaffected by the Taking or easements.
23 LAWSON & POWEL, INC.
Effects on the Remainder
The Sidewalk Easement is a small parcel along the western boundary of the Parent Tract
site. While the land area specific to the easement will be encumbered into perpetuity,
there will be no loss in use of the easement area for egress and ingress to the site.
Therefore, it is the opinion of the appraiser that the Remainder, as vacant or improved,
will not suffer any physical or external effects in the after condition. Thus, no damages
are estimated.
Land Value of the Remainder
Based on the land sales contained in the Sales Comparison Approach to Value, the
appraiser estimates the Remainder has a land value based on $2.00 per SqFt. For
valuation purposes, we divided the parcel into fee simple and easement area and
calculated as follows:
1,342 SqFt~ $2.00/SqFt = $2,684
400 SqFt ~ $2.00/SqFt x 50% = $400
Land Value of the Remainder $3,084
Rounded · $3,100
Severance Damages
Since the value of the Remainder is equal to the value of the Parent Tract less the value of
the easement taking, there are no Severance damages estimated to the Remainder.
Cost to Cure Damages
There are no items requiring a cost to cure.
24 LAWSON & POWEL, INC.
SUMMARY OF VALUES
Estimate of Severance Damages - Sidewalk Easement Parcel 4
Value Before the Taking $3,500
Value After the Taking $3,100
Total Loss in Value 0
Damages to the Remainder (Severance) 0
Estimate of Sidewalk Easement Compensation
Value of the Easement (Land) $400
Value of the Part Taken (Landscape) $80
Value of the Part Taken (Improvements)
Cost to Cure Damages $-0-
Total Compensation Estimate $480
25 LAWSON & POWEL, INC.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF MAY 20, 1997
RESOLUTION NO. 40-97
DATE: MAY 16, 1997
This is a resolution assessing costs for abatement action
required to remove nuisances on 12 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 40-97 assessing costs for
abating nuisances on 12 properties within the City.
RESOLUTION NO. 40-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100 21 and 100 22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 40-97
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after.the
mailing
date of the notice of said assessment(s) after which a lien shall be
'
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1997.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 40-97
~COST OF ABA TING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION .OWNER CUST. I.D. ASSESSMENT
~UB oF. 1/2 OF SE l/4 OF SE 1/4 OF SW 1/4 BROWN, JAMES & HATTIE #280 $35.00
UNREC/LOT 1 802 SW 3RD ST (ADM. COST) $70.00
BOOK 1, PAGE 3 DELRAY BEACH, FL 334441402 {RECORDING)
PUBUC RECORDS OF PALM BEACH COUNTY
(802 SW 3RD ST)
(INVOICE ~g165)
PRIESTS ADD TO AT~ANTIC PARK GARDENS BRYANT, VIRGINIA tY226 $35.00
LT 1 BLK 4 203 SW 14TH AVE (ADM. COST) $70,00
BOOK 23, PAGE DELRAY BEACH, FL 334441547 (RECORDING) .
PUBUC RECORDS OF PALM BEACH COUNTY
(203 SW 14TH AVE)
(INVOICE ~9118)
ROSEMONT GARDENS UNIT ALT 14 BLK 1 BUSBY, ALBERTO F & #6436 $45.00
BOOK 29, PAGE 118 GWENDOLYN J (ADM COST) $70.00
PUBUC RECORDS OF PALM BEACH COUNTY PO BOX 594 (RECORDING)
{332 SW 8TH AVE) BOYNTON BEACH, FL 334250594
(INVOICE a~358)
POINCIANA HTS OF DELRAY BEACH LT 24 CARTERET SAVINGS BANK #6185 $35.00
BOOK 26, PAGE 245 700 S DIXIE HWY #2 FIR (ADM. COST} $70.00
PUBUC RECORDS OF PALM BEACH COUNTY CORAL GABLES, FL 331462600 (RECORDING)
(332 NW 11TH AVE)
(INVOICE ~9120)
TOWN OF DELRAY S 15~ OF E 50' OF BLK 18 CLEM, H & HAZEL #196 $51.OO
(LESS E 20' OF R/W) 3 SUMMER ST (ADM. COST) $70.00
BOOK 1, PAGE 3 NORWALK, CT 068514503 (RECORDING)
PUBLIC RECORDS OF PALM BEACH COUNTY
(NW 2ND ST)
(INVOICE ~9164)
CARVER PARK LT 14 BU( 2 CORNELIUS, IDA M & CHARLES E. l~593 $125.00
BOOK 26, PAGE 55 731 W COMSTOCK AVE (ADM. COST) $70.OO
PUBLIC RECORDS OF PALM BEACH COUNTY WINTER PARK, FL 32789 {RECORDING)
(317 SW 15TH TER)
{INVOICE ~g171)
SOUTH RIDGE LOT 2~ au( 1 DELACONCEPCION, MARIA ~g166 $235.OO
BOOK 13, PAGE 38 VILLA TOLEDO (ADM. COST) $70.00
PUBUC RECORDS OF PALM BEACH COUNTY AVEIDA PAEL PARAISO (RECORDING)
(321 STERUNG AVE) CARACUS VENUZUELA
(INVOICE ~9166)
ENCLAVE AT THE HAMLET LT 9 GUARDIAN CONSTRUCTION CORP. ~ $185.25
BOOK 73, PAGE 187 135 SE 5TH AVE STE 200 (ADM. COST) $70.00
PUBUC RECORDS OF PALM BEACH COUNTY DELRAY BEACH, FL 334835256 (RECORDING)
(775 GREENSWARD LN)
(INVOICE ~9172)
Page 4 Res. No. 40-97
PROPERTY DESCRIFTION OWNER CUST. I.D. ASSESSMENT
WEST SIDE HEIGHI~ I)ELRAY LT 4 BLK C HARDWICK, HATTIE L EST. ~o2 $45.00
BOOK 13, PAGE 61 PO BOX 7043 FDR STATION (ADM. COST) $70.00
PUBUC RECORDS QI=i~ILM BEACH COUNTY NEW YORK, NY 101501908 (RECORDING)
(37 NW lOTH AVE)
(INVOICE ~9163)
DELI{AY BEACH HT~ I.TI BLK 3 PETERSON, JESSIE L. #6584 $65.00
BOOK 25, PAGE 186 901 SW 11TH AVE (ADM. COST) $70.00
PUBUC RECORDS QI=.I~ILM BEACH COUNTY PO BOX 2676 (RECORDING)
(901 SW 11TH AVE) DELRAY BEACH, FL 334447710
(INVOICE ~122)
ATLANTlC GARDEIq~ BELRAY LT 1 BLK g WAIF, ANNIE M & #129 $106.00
BOOK 14, PAGE 63 MAGGIE L WATT (ADM. COST) $70.00
PUBUC RECORDS at=PJtLM BEACH COUNTY 336 SW STH AVE (RECORDING)
(SW 11TH AVE) DELRAY BEACH, FL 334442406
(INVOICE ~9115)
TOWN OF DELRAY LQ ti)TO 16 ~NC ELK 15 WRIGHT, WILLIE ar201 $35.00
BOOK 1, PAGE 3 22 1 l~o. County Club Blvd. (ADM. COST) $70.00
PUBLIC RECORDS OFP/tLM BEACH COUNTY ]~oca Raton, FL 33487 (RECORDING)
(2! 7 SW 7TH AVE)
(INVOICE 19045}
WOLA TION IS: SEC. 100.01 . LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, IVlA TTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
Page 5 Res. No. 40-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM # ~°~' - MEETING OF MAY 20, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 16, 1997
Attached is the Report of Appealable Land Use Items for the
period May 5 through May 16, 1997. 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 appealable actions for the period stated;
receive and file the report as appropriate.
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND/ZONING
/
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MAY 20, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
MAY 5, 1997 THRU MAY 16, 1997
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of May 5,
1997 through May 16, 1997.
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 May 20, 1997
Page 2
No Regular Meeting of the Board was held during this period.
A. Denied (6 to 0, Smith absent) a free standing and an accessory
use flat wall sign for Shell Oil, located at the southeast corner of
Atlantic Avenue and Congress Avenue. Concurrently, the Board
approved another fiat wall sign which met code.
B. Approved (5 to 0, Sheremeta stepped down), flat wall signs for
Books-A-Million and Joe Muggs Coffee as a part of the master
sign program at The Plaza at Delray (Delray Mall), located at the
northwest corner of Linton Boulevard and South Federal Highway.
C. Approved (6 to 0), a request for a color change and recanvassing
existing awnings at the 530 Building, located at the northwest
corner of S.E. 6th Avenue and S.E. 6th Street.
D. Approved (6 to 0), a request for a color change for Delray Mini
Storage, located on the east side of Congress Avenue
approximately 500' south of Lowson Boulevard.
E. Approved (6 to 0), a minor site plan modification associated with
a 524 square foot loft addition at the Surles Commercial Building,
located on the west side of N.E. 4th Avenue, north of N.E. 1st
Street. Concurrently, the Board approved a reduction of two
parking spaces.
F. Approved with condition on a 5 to 0 vote (Carter stepped down), a
minor site plan modification, landscape plan and architectural
elevation plan associated with the development of the second
phase of Delray Office Plaza, located on the north side of West
Atlantic Avenue, approximately 1,300 feet east of Military Trail
(immediately east of Delray Square Shopping Center). The
development proposal involves the construction of a 29,643 sq. ft.
building with 73 parking spaces and associated landscaping.
City Commission Documentation
Appealable Items Meeting of May 20, 1997
Page 3
G. Approved with conditions on a 6 to 0 vote, the site plan, landscape
plan and architectural elevation plan associated with the
establishment of the Borton Volkswagen dealership on North
Federal Highway (north of Borton Volvo). The proposal involves the
construction of a 2,220 sq. ft. showroom building and write-up area
and associated parking and landscaping. Concurrently, the Board
approved a waiver to allow the elimination of the perimeter
landscape strip on the south side of the property.
H. Approved with conditions on a 6 to 0 vote, a minor site plan
modification and landscape plan associated with the establishment
of Boston Market/Einstein Brothers Bagels (formerly Sparticus
and Wags Restaurants) within the Old Harbor Plaza, located at the
northeast corner of South Federal Highway and Linton Boulevard.
The Board felt that while the architectural elevations are not
consistent with the style of the shopping center, they should be
approved. The Board therefore forwarded the elevations to the
City Commission with a recommendation of approval.
1. Approved (6 to 0, Turner abstained), the Certificate of
Appropriateness, site plan and landscape plan for the Peach
Umbrella North Parking Lot, a 22-space public parking lot to be
located on the east side of N.W. 5th Avenue, north of Atlantic Avenue.
Concurrently, the Board approved requests reducing the required
landscape strip along the south property line from 5' to 4.4' and
eliminating the requirement for an additional 5' of right-of-way along
N.W. 5th Avenue.
2. Approved (6 to 0), the Certificate of Appropriateness for the installation
of landscaping, a driveway and fence associated with the relocation of
a single family residence at 275 N. Swinton Avenue.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR CUL ' STREA,., ,.W.
CITY COMMISSION MEETINO
OF MAY 20, 1997
LISO CANAL
LAKE IDA ROAD
N.W. 2ND
.J
S.W. 2ND
LOWSON BOULEVARD "~
LINTON BOULEVARD
BOULEVARD
?
L-58 CANAL C-15 CANAL
CITY LIMITS ........... S.P.R.A.B.: H.P.B.:
A. - SHELL OIL COMPANY 1. - PEACH UMBRELLA NORTH PARKING LOT
B. - BOOKS-A-MILLION (THE PLAZA AT DELRAY) 2. - 275 N, SWlNTON AVENUE
i MILE
[ C. - 550 BUILDING
I
D. - DELRAY MINI STORAGE
SCALE F. -- SURLES COMMERCIAL BUiLDiNG
F. - DELRAY OFFICE PLAZA
kl G. - BORTON VOLKSWAGEN
IN
H. - BOSTON MARKETJEINSTEIN
~ BROTHERS BAGELS
CiTY OF DELRA¥ BEACH, FL
PLANNING DEPARTMENT
-- D/C/FA.I. ~45E 444P SYSI'EM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/)
SUBJECT: AGENDA ITEM # ~' - MEETING OF MAY 20, 1997
AWARD OF BIDS AND CONTRACTS
DATE: MAY 16, 1997
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award to Tomasso's Pizza for the summer camp lunch
program, in the estimated amount of $35,802 from 115-4924-
572-49.90 through budget transfer from 115-0000-334-71.00;
reimbursable from the State Department of Education.
2. Bid award to Chaz Equipment Company, Inc. for the Roosevelt
Avenue drainage improvements between Lake Ida Road and N.W.
3rd Street, in the total amount of $294,189.25. Funding in
the amount of $93,969 is available from 228-3160-541-61.39;
$67,234 from 334-3162-541-61.17, $119,186.25 from
448-5411-538-63.63, and $13,800 from 441-5161-536-63.63,
through various budget transfers.
3. Purchase award to H.T.E., sole source provider, for the
Applicant Tracking Software System, in the amount of
$16,250; $15,000 from 1996/97 budget #001-1311-512-66.10,
and $1,250 from the 1997/98 budget.
4. Purchase award to Gateway 2000 via Florida State Contract
for 4 pentium pro processors computer hardware for the Fire
Department, in the amount of $10,444 from 334-6112-
519-64.11.
AGENDA R~QURST
Date: May 6, 1997
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: May 20, 1997
Description of agenda item (who, what, where, how much): Request approval
of awarding summer food program to low bidder, Tomasso's Pizza, for Bid #97-20.
The approximate amount will be $35~,802 and will be funded out of meem,,n~ #
115-4924-572-49o90, Ail money spent for the program is reimbursed through the
State Department of Education.
ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency wit prehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds}:
Funding available: (YES) NO
Funding alternatives.~---/~ ~qL~ ~h~j~- (if applicable)
City Manager Review:
Approved for agenda:Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jackl~. Purchasing Supervisor ~
THROUGH: Josep~~inance Director
DATE: May 13, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MAY 20, 1997 BID AWARD - BID #97-20
SUMMER FOOD PROGRAM FOR PARKS AND RECREATION
Item Before Commission:
The City Commission is requested to approve the award for the Summer Food
Program for the Parks and Recreation Summer Camp to low responsive bidder,
Tomasso's Pizza, at an estimated cost of $35,802.
Background:
Parks and Recreation Department has a need for a contract for furnishing of
lunch and snacks for the summer months for children enrolled in the summer
camp program and including other outside participants who attend the camp.
Ail money spent for this program is reimbursed through the Florida State
Department of Education.
Bids were received on April 22, 1997, from four (4) vendors all in
accordance with City purchasing procedures. (Bid #97-20. Documentation on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
The Director of Parks and Recreation Department and Florida Department of
Education have reviewed the bids received, and recommend award to Tomasso's
Pizza. See attached memos dated April 29, and May 08, 1997.
Recommendation:
Staff recommends award to Tomasso's Pizza for furnishing of summer food
program for Parks and Recreation Summer Camp at an estimated amount of
$35,802. Funding from account 115-4924-572-49.90.
Attachments:
Tabulation Of Bids
Memo From Parks And Recreation Dated April 29, 1997
Letter From Florida Department Of Education Dated May 08, 1997
cc: Pamela Post, Recreation Superintendent
Joe Weldon, Director Of Parks And Recreation
FLORIDA DEPARTMENT OF EDUCATION
Frank T. Brogan
Commissioner of Education
Jeanine Blomberg, Chief
Bureau of School Business Services
May 8, 1997
TO: Jackie Rooney
City of Delray Beach
Purchasing Department
100 N.W. 1 st Avenue
Delray Beach, FL 33444
FROM: ~ Dale'-~J.-K~hbaugh, Coordinator
Summer Food Service Program
SUBJECT: Award of Summer Food Service Contract
for Meals - City of Delray Beach - 1997
In accordance with Part 225 of the Code of Federal Regulations, the Department of
Education approves the selection of the Iow bidder, Tomasso's Pizza, to provide meals
under your Summer Food Service Program contract.
The bids were opened on April 30, 1997 and the following are the unit prices:
Lunch (each) $! .40
Supplement (each) $0.40
DJK:cg
cc: Mary Pat Fortson, DOE
Pamela Post, Delray Beach
Parks and Rec. Dept.
The Florida Education Center · Room 814 · Tallahassee, Florida 32399 · (904) 488-6023
An affirmative action/equal opportunity employer
£1T¥ UF DELI:II:I¥ BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
1993
TO: JACKIE ROONEY, PURCHASING SUPERVISOR
FROM: PAMELA I~OST, RECREATION SUPERINTENDENT
THROUGH: IOE N, DIRECTOR OF PARKS AND RECREATION
DATE: APRIL 29, 1997
RE: BID #97-20
SUMMER FOOD PROGRAM FOR PARKS AND RECREATION
I have reviewed the bids submitted by vendors for the summer food program for the Parks
and Recreation Department and hereby recommend that Tomasso's Pizza, the Iow bidder,
be awarded the bid.
The Summer Food Service Program For Children will provide lunch and snacks during the
summer months to children who are enrolled in the summer camp program and other
outside participants under the age of 18 who come to the camp sites.
All money spent for the program is reimbursed through the State Department of
Education.
THE EFFORT ALWAYS MATTERS
Pri.ted or~ Ftocycled Paper
MEMORANDUM
CAROLYN PARKER-WARE
ANN GREEN
TOM KWIATEK ~
FROM: PAMELA POST ~'
DATE: FEBRUARY 20, 1997
RE: SUMMER LUNCH PROGRAM PROPOSED MENU
For your information, attached is the menu I have proposed to the state for the summer
lunch program for both lunches and supplements (snacks). This is the first year we have
produced our own menu because we will bid on our own instead of falling under the
umbrella bid of Palm Beach County. In doing so, we have greater flexibility with our
menu and fresher food for the children.
The menu operates on a nine-day cycle so no food is served on the same day of a week.
The amount, type and weight of food and drink is determined by the state; the
combinations and choices are left to us.
I will keep you updated as the bid process continues.
cc: ~foe Weldon Joe Dragon
Jackie Rooney, Senior Buyer
RECEIVED
CITY OF DELRAY BEACH PARKS AND RECREATION DEPARTMENT
1997 SUMMER LUNCH MENU
9-DAY CYCLE
DAY 1
Turkey and cheese Sandwich
Turkey 1.5 oz.
American cheese .5 oz.
Oat bran bun 1 bun
Mustard & salad dres. 1 pkt. ea.
Banana lea.
Apple juice 4 oz.
Milk(75% choc, 25% white) 8 oz.
DAY 2
Hot cheese pizza slice
Enriched crust 1 oz.
Cheese (not substit.) 2 oz.
Tomato sauce 1 oz.
Apple 1 ea.
Grape juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 3
Ham and cheese sandwich
Boiled ham 1.5 oz.
Amer. cheese .5 oz.
Seed. hamburger bun 1 bun
Mustard & salad dres. 1 pkt. ea.
Orange juice 4 oz.
Diced fruit salad 3 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 4
Turkey ham and cheese sandwich
Turkey ham 1.5 oz.
American cheese .5 oz.
Hot dog bun 1 bun
Mustard & salad dres. I pkt. ea.
Diced pears 3 oz.
Blended juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 5
Hot cheese pizza
Enriched crust 1 oz.
Cheese 2 oz.
Tomato sauce 1 oz.
Banana 1 ea.
Apple juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 6
Hot meatball hoagie
Meatballs 2 oz.
Hoagie roll 1 roll
Tomato sauce 1 oz.
Fresh pear 1 ea.
Grape juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 7
Hot dog on bun (hot)
Hot dog 2 oz.
Hot dog bun 1 bun
Ketchup, mustard 1 pkt. ea.
Chunky apple sauce 3 oz.
Orange juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 8
Hot cheese pizza slice
Enriched crust 1 oz.
Cheese 2 oz.
Tomato sauce 1 oz.
Banana 1 ea.
Blended juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
DAY 9
Cold meat sandwich with cheese
Bologna 1.5 oz.
Cheese .5 oz.
Enriched white bread 2 slices
Mustard & salad dres. 1 pkt. ea.
Apple 1 ea.
Orange/pineapple juice 4 oz.
Milk (75% choc.,25% white) 8 oz.
CITY OF DELRAY BEACH PARKS AND RECREATION DEPARTMENT
1997 SUMMER LUNCH PROGRAM - SUPPLEMENTS (SNACKS)
9-DAY CYCLE
DAY 1
Blended juice (6 oz.)
Granola bar (1 oz.)
DAY 2
Apple juice (6 oz.)
Hard pretzels (1 oz. bag)
DAY 3
Grape juice (6 oz.)
Apple turnover ( 3 oz.)
DAY 4
Orange juice (6 oz.)
Animal crackers (1 oz.)
DAY 5
Orange/pineapple juice ( 6 oz.)
Peanut butter crackers *
DAY 6
Apple juice ( 6 oz.)
Granola bar (1 oz.)
DAY 7
Grape juice ( 6 oz.)
Cherry turnover (3 oz.)
DAY 8
Orange juice (6 oz.)
Animal crackers (1 oz.)
DAY 9
Blended juice (6 oz.)
Hard pretzels (1 oz. bag)
* Peanut butter crackers must contain two tablespoons of peanut butter.
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID $97-20
SUMMER FOOD PROGRAM FOR
PARKS AND RECREATION
APRIL 22, 1997
ITEMi DESCRIPTION
$ MEAL TYPE Tomassos Passport Pizza G.A. Food Southern
Pizza Inc. Service Inc. Experience Inc.
1. LUNCH
QTY. 19,890 $ 1.40 / $ 1.45 / $ 1.69 / $ 1.87 /
$ 27,846.00 $ 28,840.50 $ 33,614.10 $ 37,194.30
2. P.M.
SUPPLEMEMT $ .40 / $ .41 / $ .46 / $ .47 /
QTY. 19,890 $ 7,956.00 $ 8,154.90 $ 9,149.40 $ 9,348.30
TOTAL BID AMOUNT:
$ 35,802.00 $ 36,995.40 $ 42,763.50 $ 46,542.60
COmmENTS /
EXCEPTIONS
Agenda Item No.:~"/~''~ .0._Z~_~ · '
AGENDA REQUEST
DATE: May 13. 1997
Request to be placed on:
Regular Agenda
special Agenda
[] Workshop Agenda
WHEN: May 20. 1997
Description of,item (who, what, where, how much): Project No.: 96-015, Roosevelt Avenue Drainage
Improvements.
The work generally consists of constructing approximately 1500 linear feet of new drainage system, including various
cross drains, on Roosevelt Avenue, between Lake Ida Road and an existing drainage system on NW 3"~ Street. This
project will also include reconstructing concrete sidewalks and driveway aprons, reconstruction and overlay of
approximately 1500 and 500 linear feet of roadway respectively, and approximately 2500 linear feet of swale grading.
The funding sources for this project are as follows:
Potion of Project Funding Source Account Number Bid Amount
Paving DOE Bond Fund (phase II) 228-3160-541~1.39 $93,969.00 · ~ ~
Paving Gen. Construction Fund 334-3162-541-61.17 $67,234.00 ~ ~~
Drainage Stormwater Utili~ Fund 448-5411-538~3.63 $119,186.25 ~~~'
Utilities Water/Sewer Capital Outlay 441-5161-536~3.63 $13,800.00 ~+~~
The lowest responsible responsive bidder for this project is Chaz Equipment Company, Inc. with a base bid in the
amount of $294,189.25.
Ordinance/Resolution Required: YE~ Draft Attached: YES~
Recommendation: Staff recommends award of ~ect No. 96-015, Roosevelt Avenue Drainage Improvements to
Chez Equipment Company, Inc. for the[~ in t~nt o,~ 8~.25.
Depa~ment Head Signature: ~~ ' ~ ~ ~
Determination of Consistency with Comprehensive Plan:
Ci~ Afforney Review/Recommendation (if applicable):
Budget Director Review (r~uired on all items involving expenditure of funds):
Funding available: ~/NO~ ~~ ,.,
Funding alternatives: ~C~ ~ 0~ ~~~ (if applicable)
Account No. & Description: ~ ~bOu~ %~¢~ ~
Account Balance: ~-~1~0~5~1-~l.3~ ~,~.~ ~n~ ~~ ~~~
city ~anag~r Review: ,,. ~ ....... ~~ ~ ~~
"oldUntil: ~ ~~ ~ ~>~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: Project No.: 96-015 (A)
projects~96~96-015~officiaRa~9615.doc
Agenda Item No.: __
AGENDA REQUEST
DATE: May 13, 1997
Request to be placed on:
[~ Regular Agenda
r--] special Agenda
E] Workshop Agenda
WHEN: May 20, 1997
Description of item (who, what, where, how much): Project No.: 96-015, Roosevelt Avenue Drainage
Improvements.
The work generally consists of constructing approximately 1500 linear feet of new drainage system, including various
cross drains, on Roosevelt Avenue, between Lake Ida Road and an existing drainage system on NW 3rd Street. This
project will also include reconstructing concrete sidewalks and driveway aprons, reconstruction and overlay of
approximately 1500 and 500 linear feet of roadway respectively, and approximately 2500 linear feet of swale grading.
The funding sources for this project are as follows:
Portion of Project Funding Source Account Number Bid Amount
Paving DOE Bond Fund (phase II) 228-3160-541-61.39 $93,969.00
Paving Gen. Construction Fund 334-3162-541-61.17 $67,234.00
Drainage Stormwater Utility Fund 448-5411-538-63.63 $119,186.25
Utilities Water/Sewer Capital Outlay 441-5161-536-63.63 $13,800.00
The lowest responsible responsive bidder for this project is Chaz Equipment Company, Inc. with a base bid in the
amount of $294,189.25.
Ordinance/Resolution Required: YE~) Draft Attached: YES~
Recommendation: Staff recommends award of P~ect No. 96-015, Roosevelt Avenue Drainage Improvements to
Chaz Equipment Company, Inc. for thej¢6~ in the~m¢~tnt of $2,9'4T¢ 89.25.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (,re_.q.~'ed__ on all items involving expenditure of funds):
Funding available: ~'E~i~NO
Funding alternatives'?'~ <~?,; ~;~-z,.~-:T~_,o~-~-~..,_~r,~.,,,-, ~TT'i~ (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~_~S/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: Project No.: 96-015 (A)
projects\96\96-015\official\arf9615.doc
City o f D e I r ay B e a c h · Department of Environmental Services
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: MATTHEW J. RIER, CIVIL ENGINEER ~
DATE: MAY 13, 1997
SUBJECT: ROOSEVELT AVENUE DRAIANGE IMPROVEMENTS
PROJECT NO.: 96-15
BID NO.: 97-19
Enclosed is an Agenda Request, Budget Transfer Form, and Bid Tabulation for the regular Commission
Meeting on May 20, 1997, requesting award of the construction contract for the referenced project to
Chaz Equipment Company, Inc. Based on our review, they are the lowest responsible responsive
bidder and the proposed contract amount is $294,189.25.
The work generally consists of constructing approximately 1500 linear feet of new drainage system,
including various cross drains, on Roosevelt Avenue, between Lake Ida Road and an existing drainage
system on NW 3rd Street. This project will also include reconstructing concrete sidewalks and driveway
aprons, reconstruction and overlay of approximately 1500 and 500 linear feet of roadway respectively, and
approximately 2500 linear feet of swale grading.
The funding sources for this project are as follows (refer to attached budget transfer):
Portion of Project Funding Source Account Number Bid Amount
Paving DOE Bond Fund (phase II) 228-3160-541-61.39 $93,969.00
Paving Gen. Construction Fund 334-3162-541-61.17 $67,234.00
Drainage Stormwater Utility Fund 448-5411-538-63.63 $119,186.25
Utilities Water/Sewer Capital Outlay 441-5161-536-63.63 $13,800.00
Please place this item on the agenda for commission approval.
Enclosures
cc: Joseph Safford, Finance Director
Richard C. Hasko, P.E., Acting Director of Environmental Services
File: Project No.:96-15 (A)
proj ects\96\96-15\official\arm9615.doc
AGENDA REQUEST
Date: May 14. 1997
Request to be placed on:,
Consent
XX ~~r Agenda Special Agenda Workshop Agenda
When: May 20, 1997
Description of agenda item (who, what, where~ how much): Purchase Award-
Sole Source purchase of H.T.E.'s Applicant Trackin~ Software System at a total
cost of $15,250 for Human Resources Department. Total of $15,000 from account
~od~ #001-1311-512-66.10 from 96/97 budget.
(Remainder to be paid from 1997/98 budKet ($1,250.)
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Sole source purchase of H.T.E.'s Applicant TrackinK Software
Sytem from H.T.E. Inc.. at a total cost of $16,250. ($15,000 from 1996/97 budKet
account #001-1311-512-66.10 and remainder to come from 1997/98 budKet)
pepartment Head Signature:~~/~~ ~
Determination of Cons istency wit~ C~__~pprehens iv~ P~'Xl~n;
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds}:
Funding available~~-~
Funding alternatives:--- (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda~: ~/ NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Superviso~
THROUGH: Joseph~inance Director ~
DATE: May 14, 199~-/
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MAY 20, 1997 PURCHASE AWARD - SOLE SOURCE
H.T.E.'S APPLICANT TRACKING SOFTWARE SYSTEM
Item Before Commission:
The City Commission is requested to approve the sole source purchase of a
Applicant Tracking Software System from H.T.E., Inc. at a total cost of
$16,250.
Background:
Human Resources Department is requesting this software package which will
enhance the City's current H.T.E. Payroll/Personnel software system on the
AS-400 by reducing paperwork and providing a complete automated tracking
on-line history from the initial process of job posting to the employee
selection. See attached memo dated May 14, 1997, from Human Resources
Director.
The total package cost is $16,250 per attached agreement from H.T.E., Inc.
$15,000 to come from 1996-97 budget, and the balance of this package
($1,250) to be paid from the 97-98 budget.
Recommendation:
Staff recommends the sole source purchase award of the Applicant Tracking
System from H.T.E., Inc. at a total cost of $16,250. $15,000 from the
1996/97 budget account #001-1311-512-66.10.
Attachments:
Memo From Human Resources Director Dated May 14, 1997
H.T.E., Inc. Agreement
cc: Edward J. Gusty, Human Resources Director
MEMORANDUM
TO: Jacklyn Rooney, Purchasing Supervisor ~ ~
FROM: Edward J. Gusty, Human Resources Director ~'
DATE: May 14, 1997
SUBJECT: PURCHASE - HTE'S APPLICANT TR~CKINO SYSTEM
Please find attached for your consideration, a copy of the letter and a
supplement contract from HTE, Inc. to install, implement and train Human
Resources staff on the Applicant Tracking System software package.
Over the past several months, Human Resources staff and Richard Zuccaro,
Information Systems Manager, have reviewed and discussed this system with
HTE's staff and with other cities which utilize the system. The Applicant Tracking
software package should be installed to enhance the City's "~turrent HTE
Payroll/Personnel software system on the AS-400. Together, they provide a
comprehensive human resources solution that allows easy transfer of
information from applicants to employees or when an existing employee applies
for an open position. This package will reduce paperwork and track the entire
applicant process on-line from job posting to the employee selection process by
ranking applicants based on skills and experience with the job needs. HTE's
Applicant Tracking is an automated, flexible recruitment management tool which
can forward an unlimited number of standard letters to send to job candidates
and can track advertising effectiveness. With Applicant Tracking, we can
maintain a history showing each time the candidate applies for a new position
and any changes in a candidate's status, skills, or skill levels.
We seek approval to purchase the Applicant Tracking software from our 96/97
budget line item as follows:
001-1311-512-66.10 $15,000.00
Should any additional information be needed please do not hesitate in contacting
Human Resources, extension 7080.
c: David T. Harden, City Manager
Richard Zuccaro, Information Systems Manager
Headquarters: ~.'~. -_-¢. : ''''
390 N. Orange Ave., Suite 2000, Orlando, FL 32801-1693 * (407) 841-323~2~ ?5_."
Application Solutions for Goverrm~ent ~t,", ~:::;
May 13, 1997 'co
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
ATTN: Richard Zuccaro, MIS Director
Per instructions from John Cifor, HTE Account Executive, we have enclosed a Supplc-ment to
H.T.E, Inc. So~vare License Agreement.
If this Agreement meets with your approval, both originals should be signed and one returned to
my attention. Upon receipt of the fully executed Agreement, I will notify the appropriate
departments to begin implementation of the Agreement.
An invoice for amounts due upon contract execution is also enclosed.
Should you have any questions, please give me a call.
Sincerely,
Shirley Thompson
Contract Specialist
SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AGREEMENT
BY AND BETWEEN H.T.E., INC. AND CITY OF DELRAY BEACH
SCHEDULE A - PRICING AND PAYMENT SCHEDULE
CONTRACT NO. HTE-DLRB-9703065
This Supplement is to the Original AGREEMENT FOR H.T.E., INC. LICENSED PROGRAMS dated October 17, 1985,
between H.T.E., 1NC. (HTE) and City of Delray Beach (Customer). Unless otherwise stated below, all terms and conditions
as stated in the Agreement shall remain in effect.
Applicant Tracking $ 11,250.00 2 $ 2,000.00 $ 3,000.00
TOTALS $ 11,250.00 2 $ 2,000.00 $ 3,000.00
License Fees: $ 11,250.00 $ 5,625.00 $ 4,812.50 $ 812.50
Training Fees: 2 days ~ $1000/day 2,000.00 2,000.00
Support Fees: 3,000.00 3,000.00
TOTAL $ 16,250.00 $ 5,625.00 $ 6,812.50 $ 3,812.50
Footnotes
*License Fees are due $5,625 upon contract execution; $4,812.50 upon delivery and $812.50 one hundred twenty
(120) days after first training or upon go-live visit, whichever first occurs, provided that there are no base system
problems or errors which would prevent the system from material productive use.
*The initial term of support services, and fees, shall commence October 1, 1997, and extend for a term of twelve (12)
months. 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.
Conversion
Conversion, if necessary, will be invoiced as incurred at the prevailing rate per hour. It is understood that no two
systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take
place along with the electronic conversion.
Modifications
Modifications will be controlled by the HTE "System Change Request" form which will be prepared for the Customer
by the HTE Project Manager responsible for that module, HTE will proceed on the SCR when the signed SCR is
returned with the Customer's authorization along with 50% payment. Final payment is due when SCR is completed.
Prices quoted above will be honored through April 30, 1997.
CITY OF DELRAY BEACH H.T.E., INC.
BY
Sus
Vice President/Controller
Chief Accounting Officer 5/13/97
llltt.~ Date
5/13/97 I
Agenda Item No.: 0O'/~' ~
AGENDA REQUEST
Request to be placed on: Date: May 14, 1997
_XX_Regular Agenda __Special Agenda __Workshop Agenda
When: May 20, 1997
Description of agenda item (who, what, where, how much): Award -Purchase of four (4)
pentium pro processors to Gateway 2000, for a total cost of $10,a. dd.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Gateway 2000, for the purchase of four (4) pentium pro
processors. Funding from account #334-6112-519-64.11.
Determination of Consistency with ~-~prehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer ~
THROUGH: Joseph Sa~ance Director
DATE: May 13, 1997
SUBJECT: DOCUMENTATION- CITY COMMISSION MEETING-
MAY20, 1997 - P URCHASE A WARD
GATEWAY 2000, VIA FLORIDA STATE CONTRACT
#250-040-96-1 FOR FOUR (4) PENTIUM PRO
PROCESSORS
Item Before Commission:
The City Commission is requested to approve the award for the purchase of (4) four
pentium pro processors, to Gateway 2000, via Florida State Contract #250-040-96-1,
for a total cost of $I0,444.00.
Background:
The Fire Department is requesting to purchase these items to support fire incident
reporting at stations 2 through 5. The sub-stations have not been on-line for some time
due to outdated computer equipment, and have not fully been able to use the technology
that is available for fire and rescue records. (Please see attached memo)
Funding for this equipment is budgeted from account #334-6112-519-64.11.
The computer equipment is available for purchase utilizing Florida State Contract #250-
040-96-1. (Please see attached)
Recommendation:
The Purchasing Staff concurs with the recommendation to purchase this equipment from
Gateway 2000, for a total cost of $10,444. 00.
Attachments:
Memo from Robert Rehr, Fire Chief
Quote #GTOO505U. 05C, Via Florida State Contract #250-040-96-1
05/15/97 15:07 '~'561 243 7461 DELRAY BCH FIRE ~001
CiTY OF DELRflY BEACH
FIRE DEPARTMENT .%, RVING l)[':[.I ;AY ~.51::A(.;H · (.;UI ,-~.3TREAM · HIGHLANO/~I:ACH
D~Y BEACH
199 3
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: MAY 14, 1997
SUBJECT: TRANSFER OF BUD(; ETED FUNDS
This memo is to reaffirm our previ, us request concerning the transfer of
funds to resolve problems at the re,note Fire Sub-Stations that have been occurring
for the past three years duc to the outdated computer equipment we have utilized.
Our sub-stations have not bccn on-line, in all this time, so we have not been able to
fully use the technology that is available for us f.r fire and rescue records.
Thc members of thc M.I.S. department have prepared a requisition #52820
that will bring our services for these locati.ns up to an operating and successful
state.
Your ~tatcd concurrence with this projecl is necessary in order to proces.~
this through thc Purchasing Department. I appreciate your Imndling of this matter.
Fire Chief
RBR/mmh
t !1 ~1-. I )f' I 'Al ~ I MI N'] I IEAE)C)tJARTEi~,c; · h()'l WP.% l Al I. AN1 lC: AVENUE · [)Iii I~AY t-~I-A( ;H. t-LC)HII_)A 33444
(,':ff~l) ;'43--'/4[)(} * ,$t JN( ;(')M ~J;'H /4()(] · lAX fR61~
To: Gre~j Welch From: Tom Osment 5-5-9? Z:13pm p. 1 of' 1
Date: May 5, 1997
Attn: Greg Welch
Fax#: 5G1-243-TIGG
GG-200
Intel 200MHz Pentium Pro processor
32MB EDO DRAM expandable to 128MB
Internal 25GK L2 secondary write-back cache
CrystalScan700 monitor [15.9" viewable)
ATI PC! local-bus graphics accelerator with 2MB SGRAM
3.0GB EIDE hard drive
3.5" 1.44MB diskette drive
12X min/1GX max CD-ROM
Slots: three 32-bit PCI, three 1G-bit ISA, one PCI/ISA
Mini Tower case
104+ Keyboard
MS IntelliMouse & Gateway mouse pad
Windows NT Workstation 4.0
MS Office 97, Professional Edition, on CO
Gateway Gold service and support
(Sales tax will be collected where applicable)
Gateway 2000 wili suppiy the latest price and product at the time
the purchase order is received at Gateway 2000. Products supplied
will be equal to or greater than quoted. If this is not acceptabie
please note on your purchase order.
MasterCard, VISA, American Express and Discover accepted. C.O.D
cashier's check acceptable in the continental United States. Net
30-day credit terms and leasing options are available to qualified
commercial customers. *Prices and specifications are subject to
change without notice or obligation. Sales tax will be collected
where applicable.
When placing your order, please attach this quote to your Purchase
Order.
Tom Osment
Account Executive
800-779-2000 Ext. 55378
TO/lcs
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~l
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MAY 20, 1997
RIGHT OF ENTRY EASEMENT AGREEMENT WITH PETER AND KAREN
ROSSEN (SEASAGE DRIVE STORMWATER FACILITIES) AND
PURCHASE ORDER TO RAY QUALMANN MARINE CONSTRUCTION
DATE: MAY 16, 1997
This is before the Commission to consider approval of a right of
entry easement agreement with Peter A. and Karen J. Rossen for a
six foot easement on the north side of their property at Lot 11,
Block 16, Seagate Section "A". The easement is needed to
accommodate the construction and maintenance of a stormwater line
from the Seasage Drive pump station to the outfall structure on
the east side of the Intracoastal Waterway.
As proposed, the total cost to acquire the easement would be
$22,150. This includes a $5,000.00 payment to Dr. and Mrs.
Rossen in return for the easement and $17,150 to Ray Qualmann
Marine Construction for the scope of work outlined in Mr. Wight's
memorandum.
Recommend Commission discretion.
ref:agmemo6
[lTV OF DELRFIV BEFI[H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali.America CitY MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorney~
SUBJECT: Right of Entry/Easement Agreement with Peter Rossen and Karen Rossen
Sea Sage Drive Stormwater Facilities
The agreement accompanying this memorandum is to be entered into between the City
and Dr. and Mrs. Peter Rossen. The agreement is necessary in order for the City to
install a stormwater line from the pump station on Seasage Drive to the outfall structure
on the east side of the Intracoastal Waterway.
Due to the condition of the existing stormwater line, it is necessary to install a new
stormwater line on the north side of the Rossen property. The City needs an additional
six-foot easement adjacent to the current six-foot easement to accomplish the
construction and maintenance of the stormwater line.
In return for the easement, the City will pay to Dr. and Mrs. Rossen $5,000.00 and
rehabilitate the existing seawall in conjunction with the construction of the existing
outfall structure. The Rossens have agreed to convey the six-foot easement and to limit
the location of structures in the easement area. The agreement in its current form is
before you for approval.
If you have any questions, please call.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Howard Wight, Construction Manager
rossen2.dnt
TO: David T. Harden ·
City Manager '~ '
FROM: Howard Wight ,/~
Dep. Dir ConsJ~rcf~_~7
SUBJECT: BARRIER ISLAND PUMP STATIONS (PN 95-031)
Rossen Right of Entry Agreement
DATE: May 14, 1997
The following is clarification for an agenda item submitted by David Tolces for the above
referenced project to obtain an additional six (6) feet of utility easement for the drainage
outfall at the Sea Sage pump station. The proposed agreement is with the property
owners, Dr. and Mrs. Peter Rossen. David estimated that it would cost between $25-30
thousand dollars to obtain the easement by eminent domain.
The agreement provides for a nominal $5,000.00 cash payment be made to the Rossens.
Dr Rossen had requested that all building permit, impact and connection fees be waived
for his proposed house on the lot (approx $14,000.00). The $5,000.00 was offered in lieu
of this as a nominal one-time payment to help defray the cost of the fees.
Additionally, the agreement includes the rehabilitation of 100 If of existing seawall; 9 ea
concrete pilings for a future dock; and 2 ea wood pilings for future dolphins along the
Intracoastal frontage. The proposed seawall rehabilitation specifications are the same that
were used in the Seawall Rehabilitation Project (94-47) completed a couple of years ago
for the City by Pay Qualmann Marine. The scope would include the removal of the
existing concrete seawall cap (100 If); the installation of new batter piles at each existing
pile (12 ea); the construction of a new seawall cap (100 If); and sealing the joints at each
existing panel/piling (24 ea). A section of the rehabilitation is attached for review. The
total cost for the seawall/piling work is $17,150.00 as quoted by Ray Qualmann Marine
utilizing the same Contract unit prices competitively bid with Project 94-47. A quote of
$28,850.00 was received by the pump station contractor, Murray Logan Construction.
If the easement agreement is acceptable to the City Commission we are. also requesting
approval to issue a Purchase Order to Ray Qualmann Marine Construction for $17,150.00
for the above scope of work. Funding is available from #448-5411-538-62.35 (Barrier
Island Pump Stations) for $22,150.00.
cc: Dick Hasko, P.E., Acting Director of Environmental Services
David Tolces, Assistant City Attorney
file: 95-031 (E)
file: s/eng/eng/proj/9531/ofticial/agdmemo, doc
RIGHT OF ENTRY EASEMENT AGREEMENT
FOR STORMWATER FACILITY INSTALLATION
AND MAINTENANCE - SEA SAGE DRIVE
TI[IS AGREEMENT is made and entered into this ~ day of , 1997,
by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY), and PETER A. ROSSEN and KAREN J. ROSSEN, a
married couple (hereinafter referred to as OWNER).
WITNESSETH:
WHEREAS, OWNER presently owns property located in the City of Delray Beach,
Florida, and which is more particularly described on Exhibit 'A"; and
WHEREAS, the CITY desires to modify and improve the stormwater facilities in
accordance with the plans as indicated in Exhibit "B", abutting Owner's property in Delray
Beach, Florida; and
WHEREAS, the CITY has determined that the construction of stormwater facilities
and the acquisition of an easement for the construction and maintenance of the stormwater
facilities on OWNER'S property, as depicted in Exhibit 'C", is necessary for the CITY'S
sewer system; and
WttEREAS, the parties desire to enter into this Agreement to legally bind each other,
their heirs, successors and assigns to the terms hereof.
NOW, THEREFORE, and in consideration of the good and valuable consideration,
the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are tree and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby made a part
hereof.
2. Easement Deed. In consideration for the payment of Five Thousand and
00/100 ($5,000.00) Dollars, other good and valuai~le consideration, and subject to the terms
and conditions contained in the Agreement, the OWNER will convey upon the execution of
this Agreement to CITY, an Easement Deed for OWNER'S property herein described (see
Exhibit "C"), for the purpose of construction and maintenance of the stormwater utilities. The
Easement Deed shall allow for perpetual maintenance by the CITY, including the right to
enter upon and perform various construction tasks upon the property described in Exhibit "C'.
The Five Thousand Dollar ($5,000.00) payment shall be made to OWNER no later than thirty
(30) days after receipt of the signed Easement Deed and Consent to Subordination by the
CITY.
3. As further consideration, the CITY agrees to rehabilitate the existing seawall
along the west property line of the property described in Exhibit "A'. As part of the
rehabilitation, the CITY agrees to install nine (9) 14-inch square concrete and three (3) 12-
inch diameter wood pilings to allow for the future installation of a dock. OWNER shall
provide the CITY with the locations for the concrete and wood piling no later than thirty (30)
days after the City executed this Agreement. The seawall rehabilitation referred to herein
shall be as specified in the letter from the CITY to OWNER dated March 4, 1997, which is
attached hereto as Exl'dbit "E'. The concrete and wood pile locations shall comply with local
building codes and ordinances.
4. OWNER agrees to provide the CITY a temporary construction easement along
the west 10' of the property described in Exhibit "A' for the sole purpose of rehabilitating the
existing seawall along the west property line of OWNER'S property. OWNER grants this
easement only for construction purposes, and at the time the seawall construction is completed,
all fights to this temporary construction easement shall be extinguished.
5. The parties agree to limit the encroachments into the six foot (6') easement to
the. structures shown on Exhibit "D' attached hereto. The structures which may encroach into
the easement are limited to the pool equipment pad, two air conditioning pads, and a
removable aluminum or similar material fence, two (2) gates, and a 3' x 3' stanchion.
6. Installatio~l. The CITY agrees to install the subject stormwater facilities and
appurtenances below ground level in a generally acceptable manner within the easement
dedicated by the OWNER. Such installation will be designed by CITY in a manner as to
protect the interest of the OWNER, and the facilities installed will continue within the
dedicated easement until they exit the property. The CITY will return all existing features on
OWNER'S land, including vegetation, to equal to or better than the condition prior to the
installation of the facilities.
7. Working Schedule. The CITY agrees to coordinate the working schedule of
this construction project with OWNER so as to minimize any impact to the OWNER.
8. Maintenance. CITY will maintain the subject stormwater facilities in a
reasonable condition and should CITY fred it necessary to conduct repair activities on the
stormwater facilities within the easement, CITY will return all disturbed areas to equal to or
better than condition prior to the action.
9. Notices. All notices, requests, demands, and other given if personally delivered
or mailed, certified mail, return receipt requested, to the following addressees to:
OWNER:Peter A. Rossen
Karen J. Rossen
4825 Coconut Creek Plcwy
Coconut Creek, FL 33003
CITY: City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33~?.~,
10. Entire A~eement. This Agreement, along with the Easement Deed,
constitutes the entire agreement and understanding of the parties, and supersedes all offers,
negotiations, and other agreements. There are no representations or understandings of any
kind not set forth herein. Any amendment to said agreements must be in writing and executed
by both parties.
IN WITNESS WI~E~OF, the parties have accepted, made and executed this
Agreement and two (2) counterparts, each constituting an original, upon the terms and
conditions above stated on the date first set forth above.
~¥ITNESS #1: PETER A. ROSSEN
Print Name: Social Security #:
WITNESS #2:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of ,
1997 by PETER A. ROSSEN. He is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
WITNESS #1: KAREN $. ROSSEN
Print Name: Social Security #:
WITNESS #2:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of ,
1997 by KAREN J. ROSSEN. She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
mssen, agt
E,~q:rrRIT "A'
Lot 11, Block 16, Seagate Section "A', according to the plat
thereof as recorded in Plat Book 20 at Page 48 of the Public
Records of Palm Beach County, Florida.
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this day of , 1997, between PETER A.
ROSSEN and KAREN J. ROSSEN, parties of the first part, and the CITY OF DELRAY
BEACH, FLORIDA, a municipal corporation in Palm Beach County, Sate of Florida, party
of the second part:
WITNESSETH: That the party of the first pan, for and in consideration of the sum of
Ten ($I0.00) Dollars and other good and valuable considerations as set forth in that certain
"Right of Entry Easement Agreement for Stormwater Facility Installation and Maintenance -
Sea Sage Drive" recorded simultaneously herewith and hereinafter refen'ed to as "the
Agreement", does hereby grant, bargain, sell and release unto the party of the second part, its
successors and assigns, a perpetual easement for the purpose of installation and maintenance of
an underground stormwater drainage facility, to wit: a drain pipe or pipes as described in the
Agreement and in that certain letter dated March 4, 1997 attached thereto as an exhibit, with
full and free right, liberty and authority to enter upon and to install, operate and maintain such
underground facility on the property located in Palm Beach County, Florida, legally described
on Exhibit "A" attached hereto.
Concomitant and coextensive with this right is the further right in the party of the second
part, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release of any
and all mortgages or liens encumbering this easement. The party of the flu'st part also agrees
to erect no building or effect any other kind of construction or improvements upon the above-
described propen'y.
It is understood that upon completion of such installation, all lands disturbed thereby as
a result of such installation or spoilage deposited thereon, will be restored to its original
condition or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
EXHIBIT
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS gl: PARTY OF THE FIRST PART:
PETER A. ROSSEN
(name primed or typed)
WITNESS #2:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1997, by. , who is personally known to
me/or has produced (type of identification) as identification.
Signature of Notary Public-State of Florida
WITNESS//1:
KAREN J. ROSSEN
(name printed or typed)
WITNESS//2:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
.. , 1997, by . , who is personally known to
me/or has produced (type of identification) as identification.
Signature of Notary Public-State of Florida
mssgmieed.agr
S~TCH TO ACCO~Y L~G~ D~SC~IO~
THE SO~ 6.~ ~ OF ~E NO~! 12.~ ~ OF L~ II, B~ 16, S~GA~ SE~ON 'A",
~CCO~IN~ ~ ~IE ~T ~iEREOF AS EE~ED IN ~T BOOK 10 AT ~AOE 4~ OF ~E ~BMC
CO~AININO 941 SQU~ ~ MO~ OR
I HE~Y ~ ~T~
~Y ~OW~E AND BEU;F, AND ME~ ~ ~INI~U~ ~1~ ~AHDA~ ~K ~ND
~UR~NO IN ~E ~A~ OF ~OND~ ~ ~ FOR~ IH C~ 61QI7~, OF ~B ~O~DA
MMO127, 1~6
FI~
l.) ~[IS 8~ AND ~OAE D~I~ON
SURVEY (~US IS N~ A SURY~.
$11EET I OF I $1.1EEl3 RI.,; 'NO. 96-.14490-8SI
.~11~. F~im Betr. b County
'1 i0 Southeast Hm Street, Sale Four
Dd~/Bem::b, Hodcla .,13483
, · (407} 2434'~0
Heller - Weaver and Cato, mc.
Engineers .., 8ur~ra .. Planners C~OS) 9~n-os~e 8rawea.:,
100 N.W. 1st AVENUE · DELRAY BEACH;:FT~.ORIDA 3344.4 · 407/243-7000
Dr. ~ ~. P~ Ross~
993 ~ C~on~ ~k P~ay
C~o~t C~ ~ 33063.
~ ~r. ~ ~. Ro~:
~e Ci~ of De~y B~ h p~e~y ~g a sw~wa~r p~ ~on ~ S~ S~e Drive
Ci~ ~ be .dli~g m ~g 36-~ co~ pipe o~ ~ p~ of rhi~ pmj~ ~ pipe ~
~ong ~e no~ pmp~ ~ ofyo~ pmpe~ ~ 666 S~ Sa~ Drive (~ 11, B~ I6, S~ S~on
'A~. ~ Ci~ p~fly ~ a s~-foot ~ ~ong yo~ no~ p~ ~.
~e CiW ~ ~ ~ a ~w pi~ to ~l~ ~e ~ ~; how~, for ~ ~
d~elop~ on yo~ ~ w~d ~ be ~ ~ ~ ~ddi~o~ ~~. ' ....... ~ ....... ~'. "" ....... ~:~ -' ....
m~ for ~ ~g of ~e ~do~ s~-foot ~em~ ~e scope of ~~on ~m
mmo~g ~e old ~ ~p; ~m,lng ba~r pflm ~ ~ ~g pre; ~ ~ ~ut ~ jo~
be~ e~g pfldp~; ~d po~ a new conc~ =p. I ~ve n~cb~ a ~ of ~e p~ for
~ ~e ~ove h ~le w ~ou, pl~ ~owledge below ~ ~ ~ my o~. I ~ ~ ~ve ...........
~ prior m ~ ~ ~ ~om For ~ ~om we w~d ~~ a ~o~ ~m y~ ........
by Fray, ~ 14, 1~ on ac above propose. M we do not h~ ~m you ~ ~ we ~
~ ~t ~e p~o~ b not ~lc ~d w~ ~t ~[ ~e Ci~ ~ p~ ~
Co--on M~ger peri ex--on of ~
~:me
A~c~ Pemr A. Rossen ~n L
cc: C. D~v~ B~, P.E., Ci~ ~8~r
THE EFFORT ALWAYS MATTERS EXHIBIT
SIMON ~ND SCHi~IDT
ATTORNEYS AT LAW
P. O. BOX 2020
IOO NOI~THEAST FIFTH AVENUE
DELI/~AY BEACH, FLOHIDA SS4~S
ERNEST G. SIMON TELEPHONE (561) 27~2601 WEST PALM BEACH
DAVID W. SCHMIDT FAX(561) 265-0286 737-8222
May 13, 1997
Mr. David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Sister Cities
Dear David:
As you may remember, the City Commission gave conceptual approval
to .~ive a gift to Miyazu, Japan, to commemorate the 20th
anniversary of the Sister Cities' relationship. Sketches from
local artists were reviewed by the Commission.
Karen Sandy's work was unanimously selected by the Sister Cities'
Committee as the proposed gift. Ms. Sandy has presented a
proposal for the cost of her sculpture, and a copy is enclosed.
The Con~nission gave conceptual approval to a budget of $5,000.00;
her proposal is for $6,120.00. In addition, there would be the
cost of shipping and insurance to Japan.
I would like to have this item placed on the May 20, 1997 City
Commission agenda for approval. I will have estimated shipping
costs by tb~t date to present to the Commission.
Sincerely yours,
David W. Schmidt
ARTIST S STATEMENT
Sharing food at the dinner table is the idea to be represented in my sculpture entitled
Itadakirnasu (Japanese) Giving Thanks (English). As a gift to the people of Mayazu from
her sister cio of Dekay Beach, this art work will provide an expression of one oft,he many
connections uniting our cultures.
By incorporating ubiquitous local materials such as ceramic file, concert and coquinea
rock, a small part of the South Florida landscape, the patio, is recreated. Brightly colored
mosaics adorning table and benches depict meals typical of Japan and America in addition
to familiar locales. Pineapples, important in the cities' shared histories and known as
symbols of welcome, are also included in the piece.
As a citizen of Delray Beach, an artist and teacher of English as a second language,
I am honored to have been chosen to work on this project. I am hopeful we will never forget
the common threads that bind us... We are part of one big family on this earth, sitting at the
table together, eating together, living together.
Karen Sandy
Artist: Karen Sandy
CONTRACT FOR SCULPTURE
Work to be performed:
Artist agrees to perform the following in regard to sculpture:
A. Prepare a rendering for final approval.
B. Gather materials for presentation: table, benches, pedestals, pineapples, and rock
tiles; retain receipts for city.
C. Research information for Japanese locale.
D. Create ceramic tile mosaics for table top and two (2) benches.
E. Grout and seal file mosaics.
F. Arrange to have plaque made.
Compensation:
A. Artist to be paid deposit of $3,060.00 (Three Thousand Sixty Dollars) before
executing mosaics.
B. Artist to be paid balance of $3,060.00 (Three Thousand Sixty Dollars) (est.) upon
completion of sculpture.
Estimate Date of Complete: Three (3) months
SCULPTURE PROPOSAL FOR THE CITY OF MIYAZU
Sculpture to be placed in Mijazu, Japan.
· Budget allocated to artist ................................. $5,000.00
Cost of materials:
· Concrete table and two (2) benches ................ $ 280.00
· Delivery of table to artist's home .................... 40.00
· Two (2) concrete pedestals and
Two (2) concrete pineapples (estimated) ......... 240.00
· Ceramic tile ..................................................... 50.00
· Thinset concrete .............................................. 6.00
· Grout ............................................................... 4.00
· Forty-nine (49) 16" tiles (estimated) ................ 500.00
· Landscaping hedge .......................................... N/A
· Plaque ............................................................. N/A
TOTAL COST $6,120.00
N/A = Not available
D~ ,.,SIT $3,060.00
(Estimated) BALANCE DUE UPON COMPLETION $3,060.00
Karen Sandy
Tel.: (561) 265-1762
£1TY OF I]ELAI:IY BEI:i£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993 TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item #q~ City Commission Meeting, May 20, 1997
Technical Enterprise and Development Center
(T.E.D. Center)
DATE: May 16, 1997
ACTION
City Commission is requested to approve the closing of S.E. 1st Avenue
from Atlantic Avenue to S.E. 1st Street, on June 12, 1997 between the hours
of 3:30 p.m. and 7:30 p.m. for the Grand Opening of the Technical
Enterprise and Development Center.
BACKGROUND
Elizabeth Debs, Executive Director, of T.E.D. requested this closure in
attached letter dated May 2, 1997. Major Schroeder, Delray Beach Police
Department has no objection to the closure from Atlantic Avenue to the
alleyway.
RECOMMENDATION
Staff concurs with Delray Beach Police Department, Major Schroeder, to
allow closure from Atlantic Avenue to the alleyway during the requested
hours.
JS/sdl
REF: JS/agendal
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
05/15/1997 08:50 15612650806 TED CENTER PAGE 02
·A Model Block
* A ~~
~I~ ~ T~
May 2. [997
DHvid Harden
City Manager
City of Delray Beach
RE T E.D Center, Inc. Grand Opening
Street Closing
Dear Mr. Harden
q-he T.E.D Center, Inc. is very pleased to announce the Grand Opening of the New
Incubator facility at 10B S E. I st Avenue, which was created in part through a grant from the
City.
We anticipate a large turnout and would like to close the street in front of our building to
accomodate a tent on the afternoon and evening of June 12, 1997. I understand that a street
closure requires City Commission approval and invite you as the first step in the process
Please let me know if you need further information.
Thank You,
Elizabeth Debs '
Executive Director
a:\elizabeth\harden. Itt
'?: s
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/(
SUBJECT: AGENDA ITEM # ~' - MEETING OF MAY 20, 1997
FINAL PLAT APPROVAL/CORAL TRACE SUBDIVISION
DATE: MAY 16, 1997
This is before the Commission to consider approval of the final
plat for Coral Trace subdivision, a proposed multi-family resi-
dential development located immediately west of the Sudan sub-
division on Davis Road and south of the L-32 canal. The project
consists of 112 duplex units and 172 quadruplex units for a total
of 284 dwelling units.
Zoning approval was granted by the Commission on April 1st, 1997,
following by Site Plan Review and Appearance Board approval on
April 30th, 1997. Planning and Zoning Board approval of the plat
is anticipated at its May 19th meeting. While some technical
deficiencies in the plat document remain which must be addressed
prior to approval, it is anticipated that these will be resolved
prior to the Commission meeting on May 20th, 1997.
Recommend approval of the final plat subject to resolution of the
plat document deficiencies.
Agenda Item No.
AGENDA REOUEST
Date: May 15, 1997
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda When: May 20, 1997
Description of item (who, what, where, how much): $~aff re_?%ests
Commission approval of the final plat for the proposed Coral Trace
S%lbdivi$ion located west of the Sudan Subdivision and South of the L-32
Canal. Thc plat contains 112 duplex units and 172 _cfuadruplex units for
a tote% of 294 residential dwelling units. Zoning was approved on April
1, 1997 followed by site plan approval on April 30. 1997.
Recommendation for final plat approval by Planning and Zoning Board is
anticipated OD May 19, O~tsta~ding technical deficiencies in the
document are anticipated to be corrected prior to the Commission action
~ought at the May 20 meeting.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the final plat of Coral
Trace contingent upon satisfactory resolution to outstanding
deficiencies. ~i~C ~
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: ~S)/NO ~!
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Richard C. Hasko, P.E.
Acting Director of Environmental Services
SUBJECT: FINAL PLAT APPROVAL
CORAL TRACE
DATE: May 15, 1997
Attached is an Agenda request for Commission approval of the final plat of the Coral
Trace Subdivision as well as a reduced copy of the plat document. The site is located
immediately west of the Sudan Subdivision on Davis Road, and immediately south of the
L-32 canal. The plat consists of 112 duplex units and 172 quadruplex units for a total of
284 residential dwelling units.
Zoning approval was granted by City Commission on April 1, 1997, followed by site plan
approval on April 30, 1997, by the Site Plan Review and Appearance Board. At this
writing, a recommendation for approval of the final plat by the Planning and Zoning
Board is anticipated at its May 19 meeting.
While a number of technical deficiencies in the plat document remain which must be
addressed prior to approval, it is anticipated that these issues will be resolved prior to the
requested Commission action at the May 20 meeting.
RCH/gm
cc: Paul Dorling, Planning/Zoning
TAC-CORAL TRACE
file: s/eng/eng/tac/coraltr/ag520mem.doc
rA~t/~Y
~S
ATLA
E
DELRAY
BEACH
MUNICIPAL
GOLF' COURSE
N
~ CORAL TRACE
PLANNING D£PAR TM£N r
CIFY OF' OELRAY Q[ACIt, FL
,, i., i i,"ii i lei I~, ~,. , ,, I "I' - ,
,..., ,,,, i,,
,: , , ~'11,Ji~,,9tlit:· 'l'"lliJJl!li';, ! jj II j ~, '
~!! :,.. ~:!:1:~;li,!.;4 ,~!,~ !!,,,',,l!,g4!l!!!:l!l!l:,,t'.!;~!'.l: ,,i~i,iiii! ,l!l J
j ,i"JJ I Ii #il m I (.il"' i· ~. Iii Il . [~. · [ ! ! ! Ii it
J~.l-. ~I!P I lj"j,', I"' """It J ~1 :' ,"i:,l~J~ ~i"lJi~ "'llJll'li.,, il;: -I~ ~ lilil"' ? I ~1 t It' J t' J J
,.,, ..~., ,.,~ ,I.li!~ ,~I., ~.,.L.~kI,,,, I,, ~j., I,.,,, l , ti
i'J'" , ~,JJ',, i,J il Ill;~t, ..ii,p. I.I Jlji.',~ J ,,,l,.,,.,.,, ,; l,
.I.;.. I-, ~,,I j,..,.. J.j.p,,~ Iii ,!I. , ,j .l~,, J J j~ ,
,_ ii. ,.i ~',,.~'~ Id ,1.~ ~, -'1~'!1 ~,lJ . ~ ! fiji: i, JJ JlJ Jl:J , i
,,,, ; ; C ~,.,: .., I.i,flllll i I. I1 .~. .J ·Il
., ..,,t; d,I~J!~,[,!',,¢' , JJ, ! J, JU I il,J'.J , , !,JJJJ. I'll!t'jlj'~,, I
.. ,,., ,.., .~ ... ,,.,,i.., ~,. ~ ,,, ,,,,,. ,1
,., ,,-,I ,,-,, ,, .- ...,..,,. ,lit_ ,Jl-t~' :'., 1191,. '! Ii, . I...il.! .... ~.,.;:, ,
. . ; I ,il' , ;,,. hi. i1.1, .J J¢9 I iii i,l! Ill . .., J l,
Ld n
,- :¢ ,, ., J
"'
,.,( llthI
u ,,.
W idhJ
4: DI Jill; ! i
!Iii
i I.i
:-, "' l,!,d il ,I,II ~1,
il i;iliJ! ,,,,, .. ,,, ',
'"" l'lll" I , ~1
-, :41;;] :" ;i i' ~ '
':'"" ;' ~t i !, ,,,!,..,,,,,j,;li,,~.i,.~
i
~ L.;V.D.D, NO. L-33 ~
LATERAL CANAL NE],
~ SEE SHEET NO,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~' - MEETING OF MAY 20, 1997
EMERGENCY MANHOLE REPAIR AT LIFT STATION #80
DATE: MAY 16, 1997
This is before the Commission o consider approval of emergency
manhole repair at L.S. #80 located on Lake Ida Road at the Lake
Worth Drainage District L-31/32 connecting channel. There was
massive infiltration of ground water at the base of the manhole,
and significan deterioration of the structure.
Two contractors currently working in the City will perform the
work jointly; bypass pumping by Intercounty Engineering in the
amount of $7,500, and structure rehabilitation by Chaz Equipment
Company in the amount of $13,319. Funding is available from
Other Repair and Maintenance (Account No. 442-5178-536-46.90)
through budget transfer from Renewal and Replacement - Intra-
coastal Crossing Replacement (Account No. 442-5178-536-61.36).
Recommend approval of emergency manhole repair at Lift Station
#80.
Agenda Item No. 76
AGENDA REOUEST
Date: May 16, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: May 20, 1997
Description of item (who, what, where, how much): Staff requests
Commission app~oyal of an emergency manhole repair at L.S. 80 on Lake
I~a Ro~d ak ~h~ L-~l/~2 ~onnec~ing channel. Massive infiltration
through crack~ a~ the base of the structure has caused surface
depressions at the manhole. The repairs will be performed jointly by
Intercounty Engineering ($7.500.00 for b_vp_ass pumping) and Chez
Equipment (S13.319.00 for sealing and structural repairs) at a total
cost of S20,819.00. Funding is from R&R Account #442-5178-536-61.84,
Manhole Rehab. (Budget Transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of $20.819.00 for emergency
manhole repair.
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: O/NO ~~~" ~ ~~k.~ ~ ~; ~)~
Funding alternatives (if applicable) ~
Account Des r pt onq - I
City Manager Review:
Approved for agenda: ~/NO~'~'~
Hold Until:~~--"
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
MEMORANDUM
TO: David T. Harden ,j
City Manager
FROM: Richard C. Hasko, P.E. ~XJ'~
Acting Director of Environmental Services
SUBJECT: EMERGENCY MANHOLE REPAIR AT L.S. #80
DATE: May 16, 1997
Earlier this week, surveillance crews reported a depression forming in the paved driveway
and adjacent sodded area of the street access to L.S. 80 located on Lake Ida Road at the
L.W.D.D. L-31/32 connecting channel. Investigation of an existing manhole abutting the
sinking area via visual and televised inspection revealed massive infiltration of ground
water at the base of the manhole. Significant deterioration of the structure from hydrogen
sulfide attack was also observed. This is the terminal downstream manhole for systems
discharging to L.S. 80 and the flow is extremely heavy. Effecting repairs to the structure
will involve bypass pumping to maintain existing sewage flows and dewatering to relieve
hydrostatic pressure. The cracks at the base of the structure will then be grouted and
sealed, and the entire manhole will be coated with a structural hydrogen sulfide resistant
lining.
Two contractors currently working in the City will perform the work jointly. Intercounty
Engineering will provide bypass pumping for the duration of the repair, and Chaz
construction will effect the described repairs to the structure.
The cost of bypass pumping by Intercounty is $7,500.00, and structure rehabilitation by
Chaz is $13,319.00 for a total repair cost of $20,819.00. Funding is from R&R Account
#442-5178-536-61.84, Manhole Rehab (Budget Transfer attached).
Based on your verbal authorization for emergency repair, the work will begin on
Monday, May 18, 1997. Please place this Item on the May 20, 1997 Agenda for
Commission Approval.
Att:
cc: Howard Wight, Dep. Dir. of Construction
Robert Bullard, Maintenance Division
Michael S. Offie, W/S Network
file:Emergency Repair
file: s/eng/eng/agenda/ag520mem.doc
05/1~/97 ~:49 FiX 1561~?S~149 C~AZ EQUIP)lENT ~02
1855 Dr. Andre's Way, Unit 5 ~ PH: (561) 2784451
Delra¥ Beach, FL 33445 ~ FAY~ (561) 278-5149
PROPOgAL
May 15, 1997
Pn~DCmal Submitted To: Work Ta B_~ Per/armed At:
City of Delray Beach Pump ~ation No. 80
434 South Swinton Avenue Manhole
Delray Beach, FL 33~.:; Delray Beach, Florida
AT'I'N: Scoff Solomon
We hereby 13rOl3Oae to provide the material, labor and equipment nee. ar4m~I/for me
rehabilitation of the manhole adjacent to Pump Station No. 8o aB fOllow:
Moblllzadon - 750,00
2, 0ewater exterior of Manhole - t,7110.00
Includes: Pump and equipment.
Installation
Removal
Note; Dewater to relieve hydrostM[c procure for infiltration repair,
3. Repair Manhole - 1,925.00
a. Hydroblast interior.walls
b. Remove det3rl~ from rnenhole (Vac-Tmcl()
c. Repair infiltration
-P.lug IlOle in s~ructure with Preco Plug to ~op major InflltraUon
-If. n~cessary grout exterior of manhole with AV-100 grout to repair
any [remaining infiltrated areas.
NOTE: Coot for grout Will be charged at a per gallon price of a.so par gallon with an
e~tim~tad quantity of ~ gallons. - 4,250,00
4. Apply one half inch of Sewpercoat to the interior of the manhole - , 4,~614,00
Total excluding grout materl~l .... 13,319.00
E~clusions: Restoration, l~ypa~ Pumping
WITH PAYMENTS TO BE MADE AS FOLLOWS. 30 DAYS OF INVOICE.
05/15/97 14:49 FAX 15612?85149 CHAZ E~UIP)IENT ~0~
May 15, 1997
C~y of Delray Beach
Page TWO
All material is guaranteed to be as aCecified, and the above wort< to be performed in
~,cordanCe with the ~lrav~ngs and ~w, imm~iom ,ubmm~ for am:ye WOnt and completed
in a substantial workmanlike manner.
Respectfully aul~nitted Chez Equipment ccmlm,y, I~c.
ilO'rE: THIS PROPO?~kL MAY BE WITHDRAWN BY US II~ NOT ACCEPTED WITHIN
THIR'FY (30) DAYS.
ACCEPTANCE OF PROPOSAL
The above prices, Sl:~Ciflcations and conditions are satisfactory and are hereby accected.
You are authorized to do work aa sl~ecifiecl.
Signature
Date Signature
dr'pm515
INTER CO UNTY ENGINEERING, INC.
1925 N.W. 18th Street, Pompano Beach, Fl. 33069 Telephone: (954) 972-9800 Fax: (954) 974-0042
May 16, 1997
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Attention: Howard Wight
Re: Lift Station 80
Intercounty Engineering, Inc. proposes to plug the 24" and 10" effluent lines to
Lift Station 80 and provide by-pass pumping for the duration of the rehabilitation
of the manhole feeding the station. The price is not to exceed $7,500.00 with the
actual price to be determined by the final cost plus 15% for profit and overhead.
The final cost will include mobilization, de-mobilization and the furnishing of the
pumps and necessary plugs.
If you have any questions or commenfls, please contact me.
Sincerely,
Rob Uettschi
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MAY 20, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
F. "NUVEEN" TENNIS TOURNAMENT: Consider a modification to the
proposed agreement to host the "Nuveen" Tennis Tournament at
the Tennis Center on February 18-22, 1998, by deleting the
requirement that $100,000 in sponsor commitments be obtained
before Nuveen will commit to the tournament.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/1
SUBJECT: AGENDA ITEM # ~F _ REGULAR MEETING OF MAY 20, 1997
"NUVEEN" TENNIS TOURNAMENT
DATE: MAY 20, 1997
The City Commission previously gave conceptual approval to a
commitment of $100,000 per year over a three year period in support
of a major tennis tournament (Nuveen). Mr. Dubin has been working to
finalize negotiations, but at this point has been unable to raise the
$100,000 in sponsorships. This is largely due to the fact that
sponsors are hesitant to commit until a formal agreement is reached
with the City.
Therefore, Mr. Dubin is requesting that the Commission formally
approve the proposed agreement to host the Nuveen tournament by
deleting the requirement that $100,000 in sponsor commitments be
obtained before Nuveen will commit to the tournament.
The City's liability will not be increased beyond the $100,000
commitment.
I recommend approval of the modification to the proposed agreement.
ref:agmemol5
85/28/1997 82:27 5612437386 DELRAY BEACH GOLF CL PAGE 02
Golf & Tennis Management. Development & Consultation
MEMORANDUM
DAY~: May 20, 1997
TO: Dave Harden
FROM: Brahm Dubin
CC: Bob Barcinski
Joe Casale
This is to notify you that Net Assets has agreed to
confirm the dates of Feb.18-22, 1998 for the "Nuveen" tennis
tournament to be held at our Delray Beach Tennis Center.
In effect they waived the stipulation of Dubin &
Associates raising $100,000 in sponsorships prior to an
agreement being reached.
Therefore, I am requesting that the City of Delra¥
Beach commit to investing $100,000 in the 1998 tournament
prior to us procurring $100,0O0 in sponsorships.
we have every intention of achieving our goal and
believe that having a confirmed tournament will greatly
assist us in our efforts.
We plan on submitting a proposed contract within the
week which limits the risk to the City at $100,000.
2200 Highland Avenue- Delray Beach, FL 33445 - (561) 243-7064 · Fax (561 ) 243-738G
05/20/1997 02:27 561249?386 DELRAY BEACH GOLF CL PAGE 01
FROM: ~ PHONE: (561)243-7385
,3)~a~,,~ FAX: (561)243-7386
C~
Number of pages including cover sheet:
2200 Highland Avenue - Oeiray Beach. Florida 33445 - (407) 243-7385
- Managed by Dubin & A$$ociate~ -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~I
SUBJECT: AGENDA ITEM #/~)'~'- REGULAR MEETING OF MAY 20, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 17-97
(ANNEXATION, SMALL SCALE FUTURE LAND USE MAP AMENDMENT
AND INITIAL ZONING FOR PATHWAYS TO RECOVERY, INC. )
DATE: MAY 15, 1997
At the April 15th regular meeting, the Commission granted a
request for postponement from the applicant and continued this
matter to the date certain of May 20, 1997. Hence, it appears on
your agenda.
The application was subsequently withdrawn by the applicant (see
attached letter from Michael S. Weiner, Esquire). The matter is
now moot and the Mayor should publicly announce at the May 20th
meeting that the petition has been withdrawn from further
consideration.
ref:agmemol2
WEINER, MORICl, & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delra¥ Beach, Florida 33444
OP COUNSEl.: Telephone: 15~1) 205-2666
Telecopier: (561} 272-6831
ROBERT MArC 8Cl~VARTZ, P.A.
Florida Bar Board ~,erti~ied
Real Estate Lew~
VIA HAND DELIVERY
May 6, 1997
Cc.'
Ms. Diane Domingucz
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Pathways to Recovery, Inc.
Item: Future Land Use Map Amendment from County MR-5 to City Medium Density
Residential 5-12 Units /Acre and Annexation with Initial Zoning of RM
Our File No.: BOMA002
On behalf of the applicant, ufish to .withdrow the application for the above captioned matter from
consideration by thc City of Delray Beach, Florida. Accordingly, would you please remove this as
an agcmda item from the City Commission meeting of May 20, 1997. If you should need anything
further from our offices to confirm this withdrawal, do not hesitate to contact me.
.. ~,
MSW/rh
cc: PathwaysioRe¢overy, lnc. · ,?, ,.,'.~-~ -
Kilday & Associates
Att: M~. Ken-y Kilday
ORDINANCE NO. 17-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST
SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH
OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8
(MEDIUM DENSITY RESIDENTIAL - 8 DWELLING
UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Pathways to Recovery, Inc. is the fee-simple owner
of a 3.58 acre parcel of land located on the east side of Barwick
Road, approximately 250 feet north of Sabal Lakes Road; and
WHEREAS, Kilday & Associates, as duly authorized agent for
the fee-simple owner hereinabove named, has requested by voluntary
petition to have the subject property annexed into the municipal
limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes; and
WHEREAS, the subject property hereinafter described is
presently under the jurisdiction of Palm Beach County, Florida,
having a County Future Land Use Map designation of MR-5 (Medium
Density Residential - 5 dwelling units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM)
designation for the subject property in the City of Delray Beach,
Florida, is Medium Density Residential 5-12 dwelling units/acre; and
WHEREAS, the City's FLUM designations as initially
contained on the City's Future Land Use Map adopted in November,
1989, and as subsequently amended, are deemed to be advisory only
until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part
of this proceeding, and provisions of Land Development Regulations
Chapter Two have been followed in establishing the proposed zoning
designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and
Zoning Board held a public hearing and considered the subject matter
at its meeting of March 17, 1997, and voted 3 to 2 to recommend that
the requests be approved with an initial zoning of RM-8 (Medium
Density Residential - 8 dwelling units/acre), based upon positive
findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The North 521.00 feet of the South 771.00 feet of
the West One-Quarter (w 1/4) of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter
(NE 1/4) of Section 12, Township 46 South, Range 42
East, Palm Beach County, Florida, less the West
40.00 feet for road right-of-way, more particularly
described as follows:
Commencing at the Southwest corner of the Northwest
One-Quarter (NW 1/4) of the Northeast One-Quarter
(NE 1/4) of Section 12, Township 46 South, Range 42
East; thence run North 0 degrees 00'00" East, along
the West line of said NW 1/4, NE 1/4, a distance of
250.13 feet to a point on said West line, also being
the center line of Barwick Road (80' road
right-of-way); thence run South 88 degrees 10'24"
East, a distance of 40 feet to a point on the east
right-of-way line of Barwick Road and the Point of
Beginning; thence continue along the last described
course, a distance of 295.82 feet to a point on the
east line of the West One-Quarter (w 1/4) of the NW
1/4, NE 1/4 of said Section 12; thence run North 0
degrees 04'35" East along said East line, a distance
of 521.24 feet to a point; thence run North 88
degrees 10'25" West, a distance of 296.52 feet to a
point on the East right-of-way line of Barwick Road;
thence run South 0 degrees 00'00" West along said
East right-of-way line, a distance of 521.26 feet to
the Point of Beginning.
- 2 - Ord. No. 17-97
The subject property is located on the east side of
Barwick Road, approximately 250 feet north of Sabal
Lakes Road; containing 3.58 acres, more or less.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant to its ordinances and as required by Florida Statutes
Chapter 197, and persons residing thereon shall be deemed citizens of
the City of Delray Beach, Florida.
Section 4. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and
conditions.
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as Medium Density
Residential 5-12 dwelling units/acre.
Section 6. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section t63.3187(1) (c) (4).
Section 7. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District RM-8 (Medium
Density Residential - 8 dwelling units/acre) as defined by existing
ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. 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.
- 3 - Ord. No. 17-97
Section 10. That this ordinance shall become effective as
follows: As to annexation, immediately upon passage on second and
final reading; as to land use and zoning, thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section
163.3187(3), F.S. If challenged, the effective date of the land use
plan amendment and zoning shall be the date a final order is issued
by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section
163.3184, F.S. No development orders, development permits, or land
uses dependent on this amendment may be issued or commence before it
has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective
status, a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 17-97
CANAL L-~O
PINE TREE DRIYT~
SUNRIS~ ~V~
,'~A~ L A K E S
ROAD SOU'IH SABAL
G~APIr
orr u,~rs CANAL L-31
.LAKE IDA ROAD
N
~ PATHWAYS TO RECOVERY
PLANNINO O~PA~TMEN T
OF' OO..RAY 8[AC~. FL
o/c/r~. ~ ~ 5~J775~ -- ~ RE:r: LMI~L4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
s ,CO D RE.DINS/PUbLIC HE. INS FOR ORDINANCE NO. 23-97
(LDR TEXT ~4ENDMENT TO ELIMINATE CONFLICTINS L~GUAGE
WHICH REQUIRES PL~TTING TO ~qEP~TELY CONVEY DUPLEX
U ITS/
DATE: MAY 15, 1997
This is second readin9 and public hearin9 for Ordinance No. 23-97
which amends Section 4.3.4, "Base District Development Standards",
of the Land Development Regulations to eliminate conflictin~
language requirin9 plattin9 to separately convey duplex units. In
addition, the reference to a "party wall" is bein9 replaced by
"two hour or more fire rated tenant separation wall" to conform
with Standard Buildin~ Code requirements. This is a housekeepin9
ordinance.
The Plannin9 and Zonin~ Board considered the amendments at a
public hearin~ on April 28, 1997, and voted unanimously to
recommend approval. At first readin~ on May 6, 1997, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 23-97 on second and final
reading.
ref:agmemoll
ORDINANCE NO. 23-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4,
"BASE DISTRICT DEVELOPMENT STANDARDS" SUBSECTIONS
4.3.4(B), "LOT AREA", AND 4.3.4(I), "DENSITY", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO DELETE LANGUAGE WHICH REQUIRES
PLATTING TO SEPARATELY CONVEY DUPLEX UNITS, AND
CLARIFYING T~AT A COMMONLY OWNED DUPLEX STRUCTURE
CANNOT BE SUBDIVIDED INTO SEPARATE OWNERSHIP UNLESS
A TWO HOUR FIRE RATED TENANT SEPARATION WALL IS
PROVIDED; 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 subject matter at a public hearing on April
28, 1997, and forwarded the changes with a unanimous 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 amendments 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 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(B),
"Lot Area", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
(B) Lot Area: The area contained within the perimeter of
the lot upon which the use is to be located.
(1) Said area shall be calculated prior to dedication
of additional land for right°of-way purposes or for dedication as a
lake management tract. The lot area described in the matrix is the
minimum lot area which is required for the establishment of use.
(2) Notwithstanding the above, the lot area for a
duplex which is to be held in separate ownership may be reduced to a
minimum of 4,000 square feet per lot when ~/~~/~l~ a two hour
or more fire rated tenant separation wall becomes the basis for the
separation of lots. ~/~~/~/~/~~/~/~~/~
(3) Minimum lot areas do not need to be provided for
individual ownerships within condominium and townhome developments;
or for lots which are platted as tracts for specific purposes other
than residential or commercial development.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.4, "Base District Development Standards", Subsection 4.3.4(I),
"Density", subparagraph 4.3.4(I) (3), "Duplexes", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(3) Duplexes:
(a) A duplex on a single lot is allowed, regardless
of the provisions of Subsection (2), provided
that the minimum lot size for the zone district
is met and provided that the use, a duplex, is
allowed.
(b) On a platted lot, where duplexes are permitted,
and where the lot has at least 8,000 sq.ft., and
where there is a ~/~ two hour or more fire
rated tenant separation wall separating the
duplex units, each unit together with
approximately one-half the lot may be conveyed,
providing that each portion of the lot contains
not less than 4,000 sq.ft, and the dividing line
runs through the ~ separation wall. ~/~
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.
- 2 - Ord. No. 23-97
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED ~ ~OPTED in regular session on second and final
reading on this the 20th day of May , 1997.
ATTEST:
J-City C~rk
First Reading May 6, 1997
Second Reading May 20, 1997
- 3 - Ord. No. 23-97
TO: DAVID T. HARDEN
CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
FROM: AUL DORLING, p~INClPAL PLANNER
SUBJECT: MEETING OF MAY 6, 1997
AMENDMENT TO LDR SECTION 4.3.4 (BASE DISTRICT
REQUIREMENTS) TO ELIMINATE CONFLICTING LANGUAGE WHICH
REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX UNITS.
The item before the City Commission is that of approval of LDR
amendments to LDR Section 4.3.4 to eliminate conflicting language
requiring platting to separately convey duplex units.
i
I
On September 5, 1995 City Commission passed Ordinance No. 46-95 which revised
Chapter 5 (Subdivision Regulations) of the Land Development Regulations (LDR's) and
established exemptions from platting for certain types of developments. This
exemption section [LDR section 5.1.4(B)] states that "A duplex or triplex residence on
an existing street, requiring no extension of water and sewer services" is exempt from
the platting procedure.
In reviewing the LDR's it was discovered that Section 4.3.4(B)(2) and 4.3.4(I)(3)(b)
conflict with the newly established exemption. Both of the aforementioned sections
contain specific language which require the conveyance of individual ownership in an
existing duplex through the platting process.
The amendments also modify language referring to the "common wall" and "party wall"
by replacing these references with a Utwo hour fire rated tenant separation wall". Under
the Standard Building Code a duplex structure of common ownership requires a one
hour fire rated wall while a duplex structure under separate ownership requires a
minimum of a two hour fire wall. This language change will clarify that a commonly
owned duplex structure cannot be subdivided into separate ownership unless a two
hour fire rated tenant separation wall was provided with initial construction, or the
structure is retrofitted with a two hour fire rated separation wall.
City Commission Documentation
Amendment to LDR Section 4.3.4 (Base District Requirements) to Eliminate
Conflicting Language which Requires Platting to Separately Convey Duplex Units
Page 2
The Planning and Zoning Board considered the amendments at a public hearing on
April 28, 1997. No one from the public spoke in support or against the request. The
Board recommended approval of the amendments on a unanimous 7-0 vote.
By motion, approve the attached amendments to LDR Sections 4.3.4(B)(2) and
4.3.4(I)(3)(b).
Attachments:
· LDR Amendment to Sections 4.3.4(B)(2) and 4.3.4(I)(3)(b)
Section 4.3.4 Base District Development Standards:
(A) General: The following standards are provided in order to fulfill those
purpose statements found in Section 4.1.1 which pertain to determination and
regulation of area, size, bulk, height, and other physical aspects of development.
Standards for the following items are applicable to all zoning districts in the manner set
forth in Subsection (K). The basis for measurement or calculation of those standards
are set forth below as are provisions for exceptions.
(B) Lot Area: The area contained within the perimeter of the lot upon which
the use is to be located.
(1) Said area shall be calculated prior to dedication of additional land
for right-of-way purposes or for dedication as a lake management tract. The lot area
described in the matrix is the minimum lot area which is required for the establishment
of use.
(2) Notwithstanding the above, the lot area for a duplex which is to be
held in separate ownership may be reduced to a minimum of 4,000 square feet per lot
when tho common wa!! a two hour or more fire rated tenant separation wall becomes
the basis for the separation of lots A ............ ~,,, ,~,; ......... ; ..... ;,~,~,~ ,,., ~,~
(3) Minimum lot areas do not need to be provided for individual
ownerships within condominium and townhome developments; or for lots which are
platted as tracts for specific purposes other than residential or commercial
development.
Section 4.3.4. (I)
(I) Density:
(1) Defined: Density is the calculation of the number of residential
dwelling units allowed per gross acre of the land t° be developed. The approved
density for any project may be less than that defined as the maximum in that a project is
reviewed in its totality and, in addition to meeting density requirements, it must comply
with all other provisions of these regulations.
(2) Calculation of Unit Count: The allowable unit count is
determined by the maximum number shown for the base zoning district as reflected in
the Matrix [Section 4.3.4(K)]. This number is multiplied times the lot area expressed in
acres and rounded to one-hundredth of an acre. When a fraction exists, it shall be
rounded down.
(3) Duplexes:
(a) A duplex on a single lot is allowed, regardless of the
provisions of Subsection (2), provided that the minimum lot
size for the zone district is met and provided that the use, a
duplex, is allowed.
(b) On a platted lot, where duplexes are permitted, and where
the lot has at least 8,000 sq. ft., and where there is a
wall two hour or more fire rated tenant separation wall
separating the duplex units, each unit together with
approximately one-half the lot may be conveyed, providing
that each portion of the lot contains not less than 4,000
sq.ft., and the dividing line runs through the separation pa~y
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
/,,'t'4 '
SUBJECT: AGENDA ITEM # - REGULAR MEETING OF MAY 20, 1997
FIRST READING FOR ORDINANCE NO. 22-97 (REZONING/FINE
CONSTRUCTION CO. )
DATE: MAY 15, 1997
This is first reading for Ordinance No. 22-97 which rezones a
1.415 acre parcel of land from A (Agricultural) to RM (Medium
Density Residential) District which provides for a density range
of from 6 units per acre to 12 units per acre. The subject
property is located on the north side of Old Germantown Road, east
of the Spanish Wells condominium development.
The rezoning is being requested by Fine Construction Co. in order
to construct 17 townhouse units at a density of 12 units per acre.
The Planning and Zoning Board considered this matter at a public
hearing on April 14, 1997, and voted 5 to 1 (Schwartz dissenting)
to recommend that the rezoning be approved with a density suffix
of 8 units per acre, based on positive findings with respect to
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.
Recommend consideration of Ordinance No. 22-97 on first reading,
with the exact density to be established by the City Commission
and affixed by a numerical suffix to the zoning designation. If
passed, a quasi-judicial public hearing will be scheduled for June
3, 1997.
ref:agmemol4
ORDINANCE NO. 22-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELP~AY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURAL) DISTRICT IN THE RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT WHICH
PROVIDES FOR A DENSITY RANGE OF FROM 6 UNITS PER
ACRE TO 12 UNITS PER ACRE, WITH THE EXACT DENSITY
TO BE ESTABLISHED BY THE CITY COMMISSION AND
AFFIXED BY A NUMERICAL SUFFIX TO THE ZONING
DESIGNATION; SAID LAND BEING GENERALLY LOCATED ON
THE NORTH SIDE OF OLD GERMANTOWN ROAD, EAST OF THE
SPANISH WELLS CONDOMINIUM DEVELOPMENT, 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 A (Agricultural) District; and
WHEREAS, at its meeting of April 14, 1997, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this matter at a public hearing and voted 5 to 1 to
recommend that the rezoning request be approved with a density suffix
of 8 units per acre, 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 a 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 RM- (Medium Density
Residential) District for the following described pr'~perty, the exact
density being established by the City Commission and affixed by a
numerical suffix upon second and final reading:
That part of the West 1/2 of the East 1/2 of the
Southeast 1/4 of the Northeast 1/4 of the Northeast
1/4 of Section 25, Township 46 South, Range 42
East, lying North of the North right-of-way line of
Old Germantown Road, Palm Beach County, Florida.
The subject property is located on the north side
of Old Germantown Road, east of the Spanish Wells
condominium development; containing 1.415 acres,
more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 22-97
,,, OSR ~~,A
LIN TON BOULEVARD
N
-~- -REZONING-
~^..I.o OEP^R~E"T FROM: A (AGRICULTURAL) TO: RM (MEDIUM DENSITY RESIDENTIAL)
CITY OF DELRAY BEACH, FL
-- DIGI~',4I. ~4EE 1~.4P S)'~I'CM -- MAP REF': LMI.~9
TO: DAVID T. HARDEN
THRU: DIANE DOMINGUEZ, DIRE(~I'OR \
DEPAI~c~iR~~MENT~,~~OF PL.A~NNII~G AND ZONING
FROM: L
SUBJECT: MEETING OF MAY 20, t997
REZONING FROM A (AGRICULTURAL) TO RM (MEDIUM
DENSITY RESIDENTIAL) FOR PROPERTY LOCATED ON THE
NORTH SIDE OF OLD GERMANTOWN ROAD, EAST OF THE
SPANISH WELLS CONDOMINIUM.
The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 1.415 acre parcel from A
(Agricultural) to RM (Medium Density Residential).
The subject property is located on the north side of Old
Germantown Road, east of the Spanish Wells Condominium.
iiiii!~!ii~!!iii.::.::::::::i::::::i:i:i~:i:~:i:ii::::!:!i~ii:iii!!!~ i:i::: -: .... "
The subject property consists of approximately 1.415 acres and contains a single
family residential home. the rezoning is being requested by Fine Realty and
Construction Company in order to construct 17 townhouse units at a density of
12 units per acre. Additional background and an analysis of the request is found
in the attached Planning and Zoning Board Staff Report.
At its meeting of April 14, 1997, the Planning and Zoning Board held a public
hearing in conjunction with review of the rezoning. Public testimony was taken
City Commission Documentation
Meeting of May 6, 1997
Rezoning from A to RM (Fine Realty and Construction Company)
Page 2
from three residents of Rabbit Hollowe, Verona Woods, and Oakmont
subdivisions who expressed concerns with respect to the requested density,
traffic congestion, aesthetics, and landscaping. The residents felt a maximum of
6 units/acre was more appropriate and compatible with surrounding
development.
After discussing the proposal, the Board voted 5-1 to recommend that the
rezoning request be approved with a density suffix of 8 units per acre, 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.
J~i:?':* ? :?:*:'*' i';?:':':';~:;:~:~:~ ~: :'~:':':':' :':':':':':': '????': :'":':':':': ": :':':':':": ":':':':" 4.:.:.:.:.: :.:.:.:.... :.:...: ,*?:.... :.:.....-.~ ....... ~ ....... ~'~' ' ' ~' 'i" '" *"'"' "" ....... *" ..................... ..... ............ ...-- ... ........ --. ,.~..: ~. ,,. ................
By motion, approve on first reading the ordinance for the rezoning from A
(Agricultural} to RM (Multiple Family Residential Medium Density), with a
density suffix of 8 units per acre, and setting a public hearing date of June 3,
1997.
Attachments:
· P & Z Staff Report of April 14, 1997
· Letters of Objection
· Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 14, 1997 (Con't from March 17, 1997 meeting)
AGENDA ITEM: ILA.
ITEM: Rezoning from A (Agricultural) to RM (Medium Density Residential) for a
parcel of land located on the north side of Old Germantown Road, east of
the Spanish Wells Condominium.
GENERAL DATA:
Owners .......................................... Daniel & Marie Myers
Applicant ....................................... Fine Realty and Construction Corp.
Location ......................................... North side of Old Germantown Road, east of Spanish Wells
Condominium
Property Size ................................. 1.415 Acres
Future Land Use Map .................... Medium Density (5-12 d.u./ac)
Current Zoning .............................. A (Agricultural)
Proposed Zoning ........................... RM (Medium Density Residential)
Adjacent Zoning ................... North: RM
East: A
South: A & R-l-AAA (Single Family Residential)
West: RM
Existing Land Use ......................... Vacant one-story single family residence.
Proposed Land Use ....................... Rezoning to RM to accommodate the construction of a 17-unit
townhouse development with a community swimming pool, cabana, and
associated parking and landscaping.
Water Service ................................ Available via a connection to an existing 12" water main along Old
Germantown Road.
Sewer Service ............................... Available via a connection to an existing 4" force main along Old
Germantown Road.
C: C
The action before the Board is making a recommendation on a rezoning request
from A (Agricultural) to RM (Multiple Family Residential - Medium Density).
The subject property is located on the north side of Germantown Road, west of
Homewood Boulevard and contains approximately 1.416 acres.
Pursuant to LDR 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.
Currently, a single family residential home is located on the subject property.
The site was annexed into the City in 1988, and rezoned from A (Agricultural-
county) to a city zoning designation of ART (Agricultural Residential
Transitional). A zoning designation of A (Agricultural) was attached to the
property with the citywide rezonings in 1990.
The development proposal is to rezone the subject parcel from A to RM. The
rezoning is being requested by Fine Realty and Construction Company in order
to construct 17 townhouse units at a density of 12 units per acre.
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
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.
P&Z Staff Report
Rezoning from A to RM (Fine Realty and Construction Company)
Page 2
The current Future Land Use Map designation for the subject property is Medium
Density Residential (5-12 du/ac). The requested rezoning change is from A to
RM. The proposed zoning designation of RM is consistent with the Medium
Density Residential Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with iss. uance of a Certificate
of Occupancy. These facilities shall be provided pursuant to the levels of
service established within the Comprehensive Plan.
Streets and Traffic:
A traffic impact study was submitted with the request. The existing use of the
property is one single family home. The Palm Beach County Traffic
Performance Standards Ordinance establishes traffic generation rates of 10 ADT
(Average Daily Trips) per unit for single family residences. The existing single
family home generates 10 ADT. The ultimate development under the proposed
RM designation of 17 units will result in 119 ADT (7 trips x 17 attached
residential housing units. Thus, there is a net potential increase of 109 ADT with
the rezoning.
The traffic impact study submitted indicates Germantown Road has a capacity of
14,300, and can accommodate the 119 ADT generated by the proposed
townhouse development.
Water and Sewer:
Preliminary engineering plans were not submitted with the application. Water
serviceis available to the site via a 12" main located in Germantown Road. The
city's Sewer Atlas indicates the nearest sewer main is an 8" sewer system
located within the Spanish Wells condominium north and east of the site.
Submittal of engineering plans addressing provision of water and sewer services
will be further addressed with the site plan process.
The rezoning from A to RM will generate an increase in water and sewer
demands, however, there is adequate capacity at the existing facilities to handle
the water and sewage demands generated from this development.
P&Z Staff Report
Rezoning from A to RM (Fine Realty and Construction Company)
Page 3
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates
that the City meets the adopted level of service for parks and recreation facilities
for the ultimate build-out population of the City. Thus, a positive finding can be
made to this level of service. In addition, pursuant to LDR Section 5.3.2(C)(1),
whenever a development is proposed upon land which is not designated for park
purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit
will be collected prior to issuance of building permits for each unit.
Solid Waste:
The proposed 17 unit townhouse development will generate 8.84 tons of solid
waste per year. One single family home generates 1.99 tons of solid waste per
year. The proposed townhouse project would result in an increase in solid
waste generation, however, capacity exists to handle the increase.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
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:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new
use.
The subject parcel is surrounded by residential uses, including single family
residences to the east and south (Oakmont Subdivision - 2.35 du/ac; Rabbit
Hollowe Subdivision - 1.23 du/ac; Verona Woods - 2.10 du/ac; Crosswinds
planned residential development- 9.95 du/ac), and the Spanish Wells
condominium development to the north and west (8 du/ac). The 17 unit
townhouse development is proposed at the maximum allowed density under the
RM designation (12 units per acre). The RM zone district provides a residential
P&Z Staff Report
Rezoning from A to RM (Fine Realty and Construction Company)
Page 4
distdct with flexible densities having a base of six (6) units per acre and a range
to twelve (12) units per acre. Pursuant
to LDR Section 4.4.6(H) density may exceed the base of six (6) units per acre
only upon a determination by the body taking final action on the development
plan that the resulting development is harmonious with adjacent properties.
Further, the density for a specific RM development may be established by a
numerical suffix affixed to the designation and shown on the zoning map.
Given the adjacent densities of Spanish Wells condominium development,
Rabbit Hollowe, Verona Woods, and Oakmont single family subdivisions, and
Crosswinds, staff has some concerns with respect to the compatibility of the
proposal with existing residential development. To assure maximum
compatibility the Board may want to apply a density suffix to the zoning
designation to a density similar to that of Spanish Wells (8 units per acre) which
directly abuts this development to the west and north.
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
change fulfills one of the reasons for which the rezoning change is being
sought. These reasons include the following:
a) That the rezoning had previously been changed, or was originally
established in error;
b) That there has been a change in circumstances which make the
current zoning inappropriate;
c) That the requested zoning is of similar intensity as allowed under
the Future Land Use Map and that it is more appropriate for the
property based upon circumstances particular to the site and/or
neighborhood.
The applicant 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 Agricultural Zone District (A) serves as a holding zone designation.
At this time the property owner de~ires a zoning compatible with the land
P&Z Staff Report
Rezoning from A to RM (Fine Realty and Construction Company)
Page 5
use of multifamily residential. The change to RM from A would also
create a more compatible zoning with adjacent properties.
Comment: This justification is correct, as an agricultural use is no longer
appropriate for this area. The underlying land use allows for a zoning
designation that will accommodate a multiple family residential use, which is
typical of the development pattern in the area.
The requested zoning is consistent with the Future Land Use Map designation
(Medium Density Residential), however, as previously stated compatibility
concerns are noted if density were established at the maximum density of 12
units per acre. Application of a density suffix may be appropriate to ensure
compatible future development of the site.
COMPREHENSIVE PLAN
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following policies are noted.
Future Land Use Element Policy A-1.1 (Medium Density_ Residential) This
designation is applied to land which...is to be developed, at a density of
five to twelve units per acre. Such land is usually developed in planned
communities or exists in older areas where there are duplexes and
condominiums. Home ownership is characteristic of this designation.
Where this designation exists, uses other than those which are residential
in character shall not be considered.
The proposed housing type, townhouse units, is consistent in terms of
surrounding residential properties, which consist of single family residences,
apartments and condominiums:
Spanish Wells Condominium: 8 du/ac.
Oakmont Subdivision: 2.35 du/ac.
Rabbit Hollowe Subdivision: 1.23 du/ac.
Verona Woods Subdivision: 2.35 du/ac.
Crosswinds Planned Residential
Development (overall): 9.95 du/ac.
Crosswinds Subdivision: 4.14 du/ac.
Palm Cove Apartments: 17.7 du/ac.
Crosswinds Condominiums: 8 du/ac.
P&Z Staff Report
Rezoning from A to RM I(Fine Realty and Construction Company)
Page 6
The proposed density of 12 units per acre is higher than the predominant
housing densities in the area.
Housing Objective C-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.
The existing use of the property, is surrounded by the Spanish Wells
condominium development to the north and west, and single family residences,
apartments, and condominium development to the east and south. The
proposed project calls for townhouse units and will achieve the above listed
objective by providing a variety of housing types in the immediate area.
Open Space and Recreation Policy A-3.3 Tot lots and recreational areas
shall be a feature of all new housing developments which utilize any of the
City's PRD zone districts or which have homeowner associations which
must care for retention areas, private streets, or common areas.
The proposal calls for townhouse units with a common swimming pool and
cabana area. Common areas, including recreation facilities and a tot lot are to
be provided and will be reviewed with submission of the associated site plan.
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.
The application has submitted a preliminary sketch plan. While the submitted
sketch plan is not being formally considered at this time, the following comments
are provided.
LDR Section 4.3.3(0) Townhouse and Townhouse Type of Development:
Sufficient information was not provided on the sketch plan to fully address all of
the standards outlined in this section. The setback and design requirements for
this townhouse development will be addressed at the time of site plan review.
Also, per LDR Section 4.3.3(0)(2), each townhouse, or townhouse type,
development shall be platted with a minimum designation of the interior street
P&Z Staff Report
Rezoning from A to RM (Fine Realty and Construction Company)
Page 7
system as a tract. When the dwelling units are to be sold, each such unit must
be shown on the plat.
LDR Section 4.4.6(H)(1) Special Regulations (Density):
A minimum density of six units per acre is established for a duplex and multiple
family housing projects within this District. Density may exceed the base of six
units per acre only upon a determination by the body taking final action on the
development application that the resulting development is harmonious with
adjacent properties and does not adversely affect areas of environmental
significance or sensitivity. However, the density shall not exceed that of twelve
units per acre. The development proposal consists of 17 townhouse units on
1.415 acres, for a density of 12 du/ac. Staff recommends that, in order to
encourage compatibility with the existing single family residences to the east and
south, and Spanish Wells condominium development to the north and west (8
du/ac), that a suffix similar to these adjacent residential uses be applied to this
property.
LDR Section 4.6.9 Parking:
Two (2) parking spaces per unit are required for multiple familY structures with
two or more bedrooms, along with .5 guest spaces per unit for the first 20 units.
The sketch plan indicates parking areas in front of the townhouse structures.
This item will need to be further reviewed with the site and development plan
process.
LDR Section 4.6.16 Landscaping:
No landscape plan has been submitted at this time. The submission of a
landscape plan meeting all requirements of Section 4.6.16 will be required with
the site and development plan submission.
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
~...
P&Z Staff Report
Rezoning from ^ to RM (Fine Realty and Construction Company)
Page 8
Special courtesy notices have been sent to:
El Oakmont Homeowners Association
El Crosswinds Homeowners Association
[3 Foxe Chase Homeowners Association
El Andover Homeowners Association
[3 Rabbit Hollowe Homeowners Association
[3 Spanish Wells Condo Association
[3 Progressive Residents of Delray
[3 United Property Owners
[3 Presidents Council
Letters of objection, if any, will be presented at the P & Z Board meeting.
The proposed rezoning of the subject property to RM is consistent with the
property's Future Land Use Map designation of Medium Density Residential (5-
12 alu/ac). The proposed development plans call for the maximum allowed
density under the RM district. To ensure compatibility with adjacent residential
uses it is recommended that a density suffix similar to adjacent densities be
applied to this property. If the rezoning is approved, a site plan, landscape plan,
and engineering plans consistent with the requirements of the Land
Development Regulations will be submitted for review by staff, and consideration
by the Site Plan Review and Appearance Board.
VV'~ the application of a density suffix the required positive findings with respect
to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, the performance
standards of Section 3.3.2, and policies of the Comprehensive Plan can be
made. Based on the above, the proposed rezoning of the subject property to
RM with a density in the range of 8-10 du/ac is recommended for approval.
.A. Continue with direction.
B. Recommend rezoning of the property from A to RM with an appropriate
density suffix based on positive findings with respect to Section 2.4.5(D)(5)
(Rezoning Findings), Section 3.1.1, Section 3.3.2 (Standards for Rezoning
Actions), and Comprehensive Plan policies.
P&Z Staff Report
Rezoning from A to RM (Fine Realty and Construction Company)
Page 9
C. Recommend denial of a rezoning, based on a failure to make positive
findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section
3.1.1, Section 3.3.2 (Standards for Rezoning Actions), and Comprehensive
Plan policies.
The Board should discuss the proposed density in terms of the adjacent
properties and recommend approval of the rezoning request from A (Agricultural)
to RM (Multiple Family Residential - Medium Density), with a density suffix in the
range of 8-10 units per acre, based upon positive findings with respect to 3.1.1
(Required Findings), Section 3.3.2 (Standards for Rezoning Actions) of the Land
Development Regulations, policies of the Comprehensive Plan, and Section
2.4.5(D)(5).
Attachments:
* Survey
.,. LAKEVlEW
GREENS
LIN TON BOULEVARD
CANAL /[ L-56' Ii IiiI
N
~ -REZONING-
PLANNING DEPARTMENT FROM: A (AGRICULTURAL) TO: RM (MEDIUM DENSITY RESIDENTIAL)
CITY OF DELRAY BEACH, FL
-- D/G//'AZ ~ASE MAP SYST£M -- MAP R£F: LM159
I ' :~ L:i .............
~ ~ ~~ ~ 2365 Hampton Bridge Road
Delray Beach, FL 33445
April 24, 1997
Honorable Mayor and Commissioners
Ci~ of Delray Beach
1 O0 NWI st Avenue
Delray Beach, FL 33444
Re: Fine Real~ & Construc-
~on, Inc. - Application for Re-
zoning, Old Germantown Road
Gen~emen:
The Andover Association is a 153-member homeowners association.
Andover is a single home community located on Germantown Road at the
E-4 Canal.
The Board of Directors of the Andover Association support the position of
the Rabbit Hollowe Homeowners Association concerning the rezoning of
the parcel which is located directly across Germantown Road from Rabbit
Hollowe.
For the same reasons as stated in the April 18, 1997 letter from the
Rabbit Ho,owe Homeowners Association to you, the Andover Association
urges the Mayor and Commissioner, if they approve the rezoning from "A"
to "RM", to do so with the express limitation of a maximum density of 6
du/acre.
Respectfully submitted,
The Andover Association
Delbert E. Kohl, Presiden~~~'~;~ ~-J
DEK/blh .~.,~,, ~
c/o Haag Management Inc. · 2801 N. Militazy Trail · Boca R,~ton, FL 3B, i31 · (,i07) 24]-0285
2140 Rabbit Hollowe Cir.
Delray Beach, FL 33445
April 18, 1997
Honorable Mayor and Commissioners
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Re: Fine Realty and Con-
struction, Inc.-Appli-
cation for Rezoning, Old
Germantown Road
Gentlemen:
The Rabbit Hollowe Homeowners' Association (the Association)
is a 35-member association whose property is directly across
Old Germantown Road from the parcel which the above applicant
seeks to rezone. The requested change is from A
(Agricultural) to RM (Medium Density Residential). The
subject parcel measures 1.415 acres; the proposal is to build
it out at the maximum RM density of 12 du/acre, for a total
of 17 units.
On April 14, 1997, the Planning and Zoning Board approved the
rezoning to RM,with a density suffix of 8 du/acre.
The Association does not oppose the Planning and Zoning
Board's recommendation for rezoning to RM. It does, however,
emphatically oppose any density limit in excess of 6 du/acre.
The reasons for the Association's position are as follows:
~ncomDatibiiit¥ with surroundin~ development. Across Old
~ermantown Rd. to the south of the subject parcel, all of the
~evelopment is at a density of 2.35 du/acre or less. On the
north side of the road, contiguous to the subject parcel are
Spanish Wells, to the west and north, at a density of 8
du/acre, and the Crosswinds Planned Residential Development.
The Crosswinds PRD consists of Crosswinds subdivision, at a
density of 4.14 du/acre; Crosswinds Condominiums, at a
~ensit¥ of 8 du/acre; and Palm Cove Apartments, at a density
of 17.7 du/acre. The overall density is 9.95 du/acre.
Unlike the subject property, both Spanish Wells and the
Crosswinds PRD have direct access to Linton Boulevard, and
their higher densities are no doubt directly related to their
p~3ximit¥ and dependence on this ma3or thoroughfare.
P & Z's recommended density of 8 du/acre for the subject
property would introduce a significant incompatibility with,
and departure from, the densities allowed for the surrounding
developments whose only access is Old Germantown Road.
To aggravate the situation, adjacent to the subject property
are two parcels which together are about the same size as the
subject property, and, like it, have entrance and egress only
by way of Old Germantown Road. If the recommended 8 du/acre
were to be approved for the subject parcel, it will be
virtually impossible to deny similar approval to the adjacent
parcels, resulting in even further disruption to the
compatibility of the neighborhood.
Aq~ravatton of traffic problems. Old Germantown Rd. is now
virtually fully developed. To the west, from the Blood Groves
property to Military Trail and beyond, heavy development is
either completed, underway or planned. As a result, we
residents of Rabbit Hollowe have witnessed a very substantial
increase in the density of vehicular traffic along Old
Germantown Rd.
Old Germantown Rd. is fast becoming an alternate route to
Congress Ave. and 1-95 for residents of developments to the
west of Blood's Groves. It is also heavily travelled by
vehicles going to and from Office Depot and the other com-
mercial buildings nearby. And, with the opening of Orchard
View Elementary School, there has been not only an increase
in vehicular traffic, but also an increase in pedestrian
traffic, over and above the numerous walkers and joggers
who use this road. It should also be noted that access to the
subject property will be directly across Old Germantown Road
~rom the County School District bus stop located at the
entrance to Rabbit Hollowe.
P & Z's recommended density will significantly aggravate this
%raffic situation. The Association is concerned that the ~
resulting increase in traffic will only enhance the
inconvenience and danger to its members and others, including
school children, for whom Old Germantown Rd. provides the
c~nly access to their homes.
2~thetics and LandscapinG. As the P & Z Staff Report
indicates, the preliminary sketch plan does not allow for
final determination whether the proposal will meet other
city requirements. The Association is concerned that this
small parcel, at the recommended density, may have the
character of a concrete slab made up primarily of parking
spaces, road and buildings, presenting an unattractive aspect
to neighbors and passersby. Such a layout would indeed be
incompatible with its surroundings.
The P & Z Recommendation. P & Z recommended a density suf-
fix of 8 du/acre. They arrived at this conclusion by
averaging the Crosswinds PRD density of 9.95 du/acre (the
highest density on the north side of Old Germantown Road)
with the 6 du/acre density advocated by the opposing Home-
owners' Associations.
P & Z's conclusion is arbitrary and unreasonable.
It rests on two fallacies. First, in arriving at their
"average", the Board arbitrarily selected for consideration
only the single most densely developed project on the north
side of Old Germantown% Road, completely ignoring the low
density development on the south side of the road, which are
no less a part of the neighborhood and worthy of consider-
ation in the Board's calculation.
Second, in focussing exclusively on the Crosswinds PRD, the
Board failed to recognize that it and also Spanish Wells
differ from the subject property in that they abut on, have
access to, and are primarily oriented to Linton Boulevard,
not Old Germantown Road. Because of these differing
characteristics, the subject property is more closel~ akin to
the development on the south side of Germantown Road than to
either Spanish Wells or the Crosswinds PRD.
'The Association is, moreover, concerned that if the subject
property is permitted a density of 8 du/acre, this will sure-
ly be relied on by future applicants seeking to open the door
to high density development in the remaining parcels along
Cld Germantown Road now zoned "A" (Agricultural).
For these reasons, the Association urges the Mayor and
"ommission, if they approve the rezoning from "A" to RM,
uo do so with the express limitation of a maximum density of
6 du/acre.
Respectful ly submitted,
Rabbit Hollowe Homeowners' Assn.
Bruce Steinhardt, President.
2,t40 Rabbit Hollow~Cir.
Delray Beach, FL 33445
April 14, 1997
Chairperson
Planning and Zoning Board
City of Delray Beach
100 NW let Ave.
Delray Beach, FL 33444
Re: Fine Realty and Con-
struction, Inc.-Appli-
cation for Rezoning, Old
Germantown Road
Gentlemen:
The Rabbit Hollowe Homeowners' Association (the Association)
is a 35-member association whose property is directly across
Old Germantown Road from the parcel which the above applicant
seeks to rezone. The requested change is from A
(Agricultural) to RM (Medium Density Residential). The
subject parcel measures 1.415 acres; the proposal is to build
it out at the maximum RM density of 12 du/acre, for a total
of 17 units.
The Association opposes the application for the following
reasons:
Incompatibility with surrounding development. Across Old
Germantown Rd. to the south of the subject parcel, all of the
development is at a density of 2.35 du/acre or less. On the
north side of the road, contiguous to the subject parcel are
Spanish Wells, to the west and north, at a density of 8
du/acre.
The proposed density of 12 du/acre for the subject property
would thus introduce a jarring incompatibility with the
surrounding development.
To aggravate the situation, adjacent to the subject property
on the east are two parcels which together are about the same
size as the subject property. If the proposed zoning change
and heavy density is approved in the instant case, it will be
virtually impossible to deny similar approval for the
adjacent parcels. The Association urges the Board not to open
the door to this potential further disruption to the
compatibility of the neighborhood.
A~qravation .qf traffic problems. Old Germantown Rd. is now
virtually fully developed. To the west, from the Blood Groves
property to Military Trail and beyond, heavy development is
either completed, underway or planned. As a result, we
of Rabbit Hollowe have witnessed very substantia_l~,~
residents
increases in the density °f vehicular traffic al°ng Old'~ ~.~ %9.~~~~~3 %~q\\5
Germantown Rd.
Old Germantown Rd. is fast becoming an alternate route to
Congress Ave. and 1-95 for residents of developments to the
west of Blood's Groves. It is also heavily travelled by
vehicles going to and from Office Depot and the other com-
mercial buildings nearby. And, with the opening of Orchard
View Elementary School, there has been not only an increase
in vehicular traffic, but also an increase in pedestrian
traffic, over and above the numerous walkers and joggers
that use this road.
This situation will be further exacerbated with the proposed
roadway (per the preliminary plan) being located directly
across from a Palm Beach County School bus stop.
Based on the Board's Staff estimate of 119 average daily
trips for the proposed 17 new units,the Association is
concerned that this unwarranted increase in traffic will only
enhance the inconvenience and danger to its members and
others, including elementary school children, who need to use
Old Germantown Rd. as the only access to their homes.
Esthetics and Landscaping. As the Staff Report indicates, the
preliminary Sketch plan does not allow for final
determination whether the proposal will meet other city
requirements. As the proposal now stands, the Association is
concerned that this small parcel will be nothing more than a
large slab of concrete with barrack-like buildings, including
one parallel to Old Germantown Road, presenting an
unattractive view to neighbors and passersby. Such a layout,
together with the high proposed density, would certainly not
be in keeping with the surroundings.
For the reasons stated above, the Rabbit Hollowe Homeowners'
Association opposes the subject application, and requests the
Board to approve a change to RM with a density suffix of
6 du/acre.
Respectfully submitted,
Rabbit Hollowe Homeowners' Assn.
Bruce C. Steinhardt, President.
2140 Rabbit ltollowe Clr.
Dolray Beach, FL 33445
April 18, 1997
Honorable M~yor and Commissioners
City o£ Dolrey Beech
lO0 IEM lit Ava.
Delray Beach, FL 33444
Re: Fine Realty and Con-
etruction, Inc.-Appli-
cation for Reson/ng, Old
Germ~ntown Road
Gentlemen:
?ho Rabbit #ollowe Homeowners' Association (the Association!
is a 3S-mo~ber association whose property is directly across
Old Germontown Road from the parcel which the above applicant
seeks to romona. The requested change is from A
(Agricultural) to RM (Medium Density Residential). The
sub3oct parcel measures 1.415 acres: the propose1 is to build
it out at the maximum l~t density of 12 ds/acre, fo~ · total
of 17 units.
On April 14, 1997, the Planning end Zoning Board approved
resorting to RM,wlth a density suffix of 8 du/acre.
?~a Association does not oppose tho Planning end Zoning
Board's recommendation for rezonlng to RM. It doss, however,
emphatically oppose any density limit in excess of. 6 alu/acre.
~he m~ons for the Association's position are as follow;:
I_~CcmDattbiltty wl~h surrounding development. Across Old
Gdrmantown Rd. to the south of ~he subject parcel, all of the
development is at a density of 2.35 du/acra or leas. On tho
rorth side of the road, contiguous to the subject parcel are
:~;aniah Mails, to the west and north, at a density of 8
ds/acre, sad the Crosswinds Planned Residential Development.
The Crossw/nds PRD consists of Crosswinds subdivision, et
.{enmity of 4.14 du/ecre; Crosswinds Condominiums, et e
fJenlity Of 8 du/&cFt; and Palm Cove ApartmentS, et a dlnllty
¢~f 17.7 d~/acre. The overall density is 9.95:ds/acre.
'$~l'tko'"tl~o lub~ect proper'ay, both Spanish Wells and
CroSswindo PRD have direct access to Llnton Boulevard, and
their higher dens/ties are no doubt directly related to their
prozimtty end dep~fldanca on this meier thoroughfare.
P & Z*o recoamondod density of 8 ds/acre for the sublect
property would introduce a significant incompatibility with,
end departure from, the densities allowed for the surrounding
developments whose only access is Old Oermantown Road.
To aggravate the situation, adjacent to the subject property
are two parcels which together are about the same size as the
subJsct property, and, like it,' have entrance and egress only
by way of Old Gormantown Road. If the recommended 8 du/acrs
were to bm spprovmd for the subject parcel, it will be
virtuslly i~possible to deny similar approval to the adjacent
parcels, resulting in even further disruption to the
compmttbtltty of the neighborhood.
~ of ~ oroblems. Old Germantown Rd. is now
virtually fully developed. To the west, from the Blood Groves
propmrty to Htlltary Trail and beyond, heavy development is
oithmr completed, underway or planned. Is a result, we
residents of ~sbbit Hollows have witnessed a very substantial
increase in the density of vehicular traffic along Old
eld Gmrmantown Rd. is fast becoming an alternate routs to
Congress Ave. and 1-95 for residents of developments to the
~sst of Blood's Groves. It is also heavily travelled by
vehicles going to and from Office Depot and the other cam-
mercia1 buildingw nearby, And, with the opening of Orchard
view Slmntery School, there has been not only an increase
· n vehicular traffic, but also an increase in pedestrian
traffic, over and above the numerous walkers and Joggers
~hO uss this road. It should also bm noted that access ~o the
sublect property will bm directly across Old Germantown Road
from the County School District bus stop located at the
snCrmncm to lqmbbit Hollowm.
P i l's rscommmn(lmd density will significantly aggravate this
traffic situation. The Association is concerned that the
resulting increase in traffic will only enhance the
inconvenience and danger to its members and others, including
school children, for whom Old Germantown Rd. provides the
only access to their homms.
FJ_~ mhd Landsc&Dina. As the P & Z Staff Report
lndtcstes, tl~m preliminary sketch plan does not allo~ for
final detsminstion wllmther the proposal ~tll meet other
city requirmmmnte. The Association is concerned that this
onmll parcel, at the recommended density, may have tho
character of a concrete slab made up primarily of parking
· paces, road and buildings, presenting an unattractive aspect
to neighbors and passersby. Such a layout would indeed be
tncoaapattble with its eurro~ndings.
The ~ i ~ Reco~ndation. P & Z recommended
fix of 8 du/&cre. They arrived at this conclusion by
averaging the Crosswinds PRD density of 9.95 du/acre (the
higl~st density on the north side of Old Germanto~n Road)
with tll~ 6 du/acre density advocated by the opposing Home-
o~lers' ASBoc~&t~one,
P & Z's conclusion is arbitrary and unreasonable.
It r~Sts on t~o fellacies. First, in arriving at their
'ever&ge'° the Board &rbitrarlly selected for consideration
only th~ single most densely developed project on the north
side of Old G~r~antown Road, completely ignoring the low
density develope~nt on th~ south side of the road, which are
no Ieee & part of the neighborhood and worthy of consider-
ation in th~ ~o&rd's calculation.
Second0 in focussing exclusively on the Crosswinds PRD, the
Board failed to recognize that it and also Spanish
~lffer fro~ the subject property in that they abut on, have
~ccess to. ~nd are primarily oriented to Linton Boulevard0
· ~ot Old Ger~anto~n Road. Because of these differing
¢~arscteriSttcs, the subject property is more closely akin to
cae developm~nt on the south side of Germanto~n Road than to
either 9pmntsh W~lls or the Crosswinds PRD.
?he ~mociBtion is, ~orsover0 concerned that if the subject
property is permitted a density of 8 du/acre, this will sure-
ly he relied on by future applicants seeking to open the d~r
to high density develolx~nt in the r~mainlng parcels along
Old G~r~anto~n Road now zoned "A" (Agricultural).
For these r~esons° the Association urges the ~ayo~ and
Co~lssion, if they approve the rezoning fro~
to do So with the ~xprese limitation of a maximum density of
6 du/ecre.
Respectful ly sul~itted,
Rabbit Hollows Homeowners' Assn.
Bruce $telnherdt0 President.