07-15-97 Regular DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING AII-AmericaCity
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COMMISSION CMAMBERS
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 unde~
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. Ail
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.
kRegu~ar Commission Meeting
July 15, 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.
5. Approval of Minutes:
Regular Meeting of July 1, 1997
6. Proclamations: None
7. Presentations:
A. RESOLUTION NO. 52-97: A resolution recognizing and commending
Yvonne and Eddie Odom for over 26 years of dedicated service to
the Delray Beach American Little League and naming the Little
League field at Pompey Park "Odom Field" in their honor.
8. Consent Agenda: City Manager recommends approval.
A. FINAL PLAT APPROVAL/HAMMOCK RESERVE: Approve the final plat
for Hammock Reserve, a proposed 273 zero lot line single family
subdivision, with a finding that it is necessary and
appropriate to create non-conforming lots with respect to lot
width in the RM-8 portion. The subject property is a portion
of the former Blood's Groves located east of Military Trail and
south of Linton Boulevard, containing approximately 83.3 acres.
B. FINAL PLAT APPROVAL/FAVALE ESTATES: Approve the final
subdivision plat for Favale Estates, a replat of two existing
lots into four individual lots to accommodate three fee simple
townhouse units and an existing duplex. The subject property
is located at the southwest corner of Avenue L and Spanish
Trail and contains 0.45 acres.
C. ROADWAY IMPROVEMENT AGREEMENT/CORAL TRACE DEVELOPMENT: Approve
an agreement for construction of roadway improvements at Coral
Trace development wherein the City agrees to be the named
permit applicant for turn lane and median modifications to
Atlantic Avenue within Florida Department of Transportation
right-of-way.
2
Regular Commission Meeting
July 15, 1997
D. CHANGE ORDER #1 AND FINAL PAYMENT/O'CONNOR & TAYLOR, INC.:
Approve deduct Change Order #1 in the amount of $4,180 and
final payment in the amount of $30,799 to O'Connor & Taylor,
Inc. for their work on the Ocean Rescue Headquarters project,
with funding from 334-4170-572-63.44.
E. CHANGE ORDER #1 AND FINAL PAYMENT/RIC-MAN INTERNATIONAL, INC.:
Approve deduct Change Order #1 in the amount of $15,284.51 and
final payment in the amount of $98,590.99 to Ric-Man Interna-
tional, Inc. for completion of the Highland Beach Force Main
Reconstruction project, with funding from 442-5178-536-63.92.
F. FINAL PAYMENT/REGAL CONTRACTORS, INC.: Approve final payment
in the amount of $16,925.69 to Regal Contractors, Inc. for
completion of the Lake Ida Road beautification project, with
funding from 334-4144-572-63.31.
G. FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION, INC.: Approve final
payment in the amount of $15,331.46 to Murray Logan Construc-
tion, Inc. for the Lift Station 50 Piping Modifications
project, with funding from 001-4131-572-46.90 ($3,810) and
442-5178-536-61.46 ($11,521.46).
SERVICE AUTHORIZATION #6 TO CH2M HILL/WATER USE PERMIT RENEWAL:
Approve Service Authorization #6 in the amount of $15,325.00
under the Agreement for Professional Services between the City
and CH2M Hill for consulting services related to the renewal of
the City's Water Use Permit from the South Florida Water
Management District, with funding from 441-5122-536-31.30
through budget transfer from 441-5142-536-62.10.
I. APPOINTMENT OF OUTSIDE COUNSEL/RITCHASON V. CITY OF DELRAY
BEACH: Approve the appointment of outside counsel as
recommended by the City Attorney.
J. RESOLUTION NO. 53-97: Adopt a resolution assessing costs fo~
abatement action required to remove nuisances on 19 properties
throughout the City.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board during the period June '30 through July 11,
1997.
L. AWARD OF BIDS AND CONTRACTS:
1. Bid award through the Community Development Block Grant
Program to Edward Kaplan for a housing rehabilitation
project at 320 N.W. 3rd Avenue, in the amount of
$13,623.75 from 118-1963-554-49.19.
2. Bid award to Henry Haywood for rehabilitation of two
single family housing units owned by the City under the
HOPE 3 program; $22,501 for 521 S.W. 10th Street, and
Regular Commission Meeting
July 15, 1997
$19,914.30 for 239 N.E. 9th Street, from
118-1922-554-49.19 and 118-1924-554-49.19.
3. Purchase award in the amount of $18,592 to Gateway 2000
via Florida State Contract #250-040-96-1 for eight (8)
Gateway computers for the City Clerk's office, with
funding from 001-1411-513-64.11.
9. Regular Agenda:
A. DELRAY EAGLES FUNDING REQUEST: Consider a request from the
Delray Eagles, an Amateur Athletic Union (AAU) basketball team
for girls ten years old and under, for funding support to
participate in the National AAU Tournament to be held in
Orlando from August 1-10, 1997.
B. SUPPORT FOR COMMUNITY REDEVELOPMENT AGENCY GRANT APPLICATION TO
BEAUTIFUL PALM BEACHES, INC./WEST ATLANTIC AVENUE: Consider
approval of a request from the CRA for the City to submit
letters to Beautiful Palm Beaches (BPB) in support of the
application for beautification funding for West Atlantic Avenue
to endorse the project and provide assurances that the City
will be responsible for maintenance; and to sign the grant
contract as required by BPB if the grant is approved.
C. FY 1997/98 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE RATE.
D. CONTRACT ADDITION (C.O. #I)/MOLLOY BROTHERS, INC.: Consider
approval of a contract addition (C.O. #1) in the amount of
$49,982.50 to the S.E. 4th Avenue Roadway Improvements contract
with Molloy Brothers, Inc. to include construction of Frederick
Boulevard from LaMat Avenue south approximately 500 feet.
Funding will be from 334-3162-541-63.10 through budget transfer
from 334-0000-366-51.00.
E. REJECTION OF BIDS/WOODS OF SOUTHRIDGE ROADWAY CONSTRUCTION:
Consider rejecting all bids received for the Woods of South-
ridge roadway construction project, and authorize staff to
rebid the project with revised design specifications.
F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint four members to
the Education Board for two year terms ending July 31, 1999.
The appointments will be made by Commissioner Randolph, Mayor
Alperin, Commissioner Schmidt and Commissioner Egan.
G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
member to the Delray Beach Housing Authority to fill an
unexpired term ending July 14, 1998. Recommendation by
Commissioner Egan with appointment by Mayor Alperin.
-4-
Regular Commission Meeting
July 15, 1997
10. Public Hearings:
A. CONSOLIDATED ACTION PLAN FY 1997-98 FOR ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public hearing and
consider approval of the Consolidated Action Plan for Fiscal
Year 1997/98 in compliance with Federal guidelines governing
the use of Community Development Block Grant (CDBG) funds.
B. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM)/McGREAL: Consider
approval of the Contract for Sale and Purchase between the City
and Michael McGreal for property located at 264 N.E. 14th
Street through the HOPE 3 program.
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. 29-97: An ordinance amending Chapter 35,
."Employee Policies and Benefits", subheading "Civil Service",
of the City Code to conform with the changes to the Civil
Service Special Act passed by the 1997 State Legislature as
embodied in enrolled local bill HB 521. If passed, a public
hearing will be scheduled for August 5, 1997.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
ADJOURN TO WORKSHOP.
WORKSHOP AGENDA
1. Review proposed Five Year Capital Improvement Program for Fiscal
Years 1997/98 through 2001/2002.
RESOLUTION NO. 52-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
YVONNE AND EDDIE ODOM FOR OVER 26 YEARS OF
DEDICATED SERVICE TO THE DELRAY BEACH AMERICAN
LITTLE LEAGUE AT POMPEY PARK.
WHEREAS, Yvonne and Eddie Odom organized the Delray
Beach American Little League at Pompey Park in 1971; and
WHEREAS, Yvonne Odom has served as either League
Secretary, Player Agent or President of the Delray Beach American
Little League for the past 26 years; and
WHEREAS, Eddie Odom has coached for 26 years, and has
also held the offices of President and Vice President of the
Delray Beach American Little League; and
WHEREAS, Yvonne and Eddie have gained the love and
respect of thousands of children, their parents and families with
whom they have come in contact over the years; and
WHEREAS, it is appropriate that the Little League Field
at Pompey Park be named ODOM FIELD in recognition and honor of
the years of dedicated service to the Delray Beach American
Little League by Yvonne and Eddie Odomo
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1: That on behalf of the City Commission, City
staff, and the citizens of the City of Delray Beach, we hereby
extend our warmest and heartfelt thanks to Yvonne and Eddie Odom
for their untiring work on behalf of the youth of our community
through the Delray Beach American Little League.
Section 2: That the Little League Field at Pompey Park
is hereby named ODOM FIELD in honor and recognition of the many
years of dedicated volunteer service provided by Yvonne and Eddie
· Odom for the betterment of the community.
PASSED AND ADOPTED in regular session on this 15th day
ATTEST:
MEMOR_~DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~' - MEETING OF JULY 15, 1997
FINAL PLAT/HAMMOCK RESERVE
DATE: JULY 11, 1997
This is before the Commission to approve the final plat for
Hammock Reserve, a 273 zero lot line, single family subdivision
on a 83.3 acre parcel located on the east side of Military Trail,
south of Linton Boulevard.
The Planning and Zoning Board approved the Master Development
Plan for the Hammock Reserve development on September 16, 1996.
Prior to the conditional use approval by the Commission on
October 1, 1996, the Planning and Zoning Board approved internal
adjustments to allow a reduction in lot width; increased lot
coverage; and reductions in front yard, side interior, side
street, and rear yard setbacks. The conditional use approval to
allow 103 zero lot line homes in the RM-8 (Residential Multiple
Family) portion of the property was subject to the condition that
the Commission, at the time of plat approval, make a finding
pursuant to LDR Section 4.3.1(D) that it is necessary and appro-
priate to create lots that do not meet the minimum lot width for
the RM district.
On June 16, 1997 the Planning and Zoning Board recommended
approval of the plat by a 5-0 vote.
Recommend making a finding that it is necessary and appropriate
to create non-conforming lots with respect to lot width in the
RM-8 portion of the Hammock Reserve, and approve the final plat.
TO: DAVID T. HARDEN
CITY MANAGER
THRU:
DEPARTMENT OF PLANNING'~ND ZONING
FROM: ' ~
C A~IRE~LYT~-G~HAM, PLANNER
SUBJECT: MEETING OF JULY 15, 1997 **CONSENT AGENDA**
HAMMOCK RESERVE FINAL PLAT
The action requested of the City Commission is that of approval of the final plat for
Hammock Reserve, a 273 zero lot line subdivision development. The subject
property is a portion of the former Blood's Grove and is located south of Linton
Boulevard and east of Military Trail, and contains approximately 83.3 acres.
This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
At its meeting of September 16, 1996, the Planning and Zoning Board approved the
Master Development Plan for the Hammock Reserve development. On October 1,
1996, the City Commission granted Conditional Use approval to allow 103 zero lot line
homes in the RM-8 (Residential Multiple Family) portion of the Hammock Reserve
project. On June 16, 1997, the Planning and Zoning Board recommended approval of
the plat.
The RM-8 section of the project contains lots which are non-conforming with respect
to width. At the time of Conditional Use approval the Planning and Zoning Board
approved internal adjustments to allow a reduction in lot width; increased lot
coverage; reductions in front yard, side interior, side street, and rear yard setbacks.
The Conditional Use approval to allow zero lot line development in the RM-8 portion
of the property was subject to the condition that the City Commission make a finding
pursuant to LDR Section 4.3.1(D) at the time of plat approval that it is necessary and
appropriate to create lots that do not meet the minimum lot width for the RM district.
City Commission Documentation
Hammock Reserve Plat
Page 2
Non-Conforming Lots:
The lots within the RM-8 portion of the development meet or exceed the minimum
requirements with respect to lot area and lot depth, but are non-conforming with
respect to lot width as the lots have widths of 40' versus the required 60'. The
applicant submitted a justification for the requested reduction in lot width with the
Master Development Plan, via a narrative that states:
Single family zero lot line developments are a conditional use in the RM-8
zoning district. Rather than building apartments, group homes or other higher
density products, families can be encouraged to locate in this development if
an alternative can be provided. This can be accomplished through the
construction of a lower density type of development. To develop this same
product on a 60' lot would require the elimination of approximately 34 units
making the development impractical. The request will enhance the quality of
the development and a superior project can be created.
Single family detached residences in zero lot developments are permitted as a
Conditional Use in the RM zoning district. The requested reduction in lot width from
60' to 40' in the RM-8 portion results in a lot width consistent with the requirements of
the PRD zoning district (40' interior/60' corner).
As the RM-8 zoning is part of a Master Development Plan, common open space is
provided throughout the site (lakes, mini passive parks, four acre preserve), common
amenities (pool, cabana, and tot lot), and other PRD standards which would not
otherwise be required of a zero lot development in the RM district.
In summary, the adjusted lot size still meets the intent and purpose of this proposed
planned residential zero lot line development, and a finding can be made that the
reduction in lot width is appropriate and necessary.
The Planning and Zoning Board considered this item at its meeting of June 16, 1997.
There was no public comment regarding the application. The Board unanimously
recommended approval on a 5-0 vote.
City Commission Documentation
Hammock Reserve Plat
Page 3
A. Continue with direction.
B. Make a finding that it is necessary and appropriate to create non-conforming lots
with respect to lot widths in the RM-8 portion, and approve the Hammock Reserve
plat.
C. Deny the Hammock Reserve plat based upon a determination that non-conforming
lots would be created, and it has not been demonstrated that it is necessary and
appropriate to accommodate the request.
Make a finding that it is necessary and appropriate to create non-conforming lots with
respect to lot width in the RM-8 portion; and approve the final plat for Hammock
Reserve.
Attachment:
· Revised Plat
· Planning and Zoning Board Staff Report
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· PLANNING AND ZONING BOARD
CITY OF DELP, AY BEACH ---STAFF REPORT---
MEETING DATE: June 16, 1997 (Continued from May 19, 1997 meeting)
AGENDA ITEM: HhA.
ITEM: Combined Preliminary/Final Plat for Hammock Reserve, a 273 unit single family
development, located on the south side of Linton Boulevard, east of Military Trail.
Owner ............................. Norman & Carolyn Blood
Agent .............................. Cotleur Hearing
Location .......................... South side of Linton Boulevard, east of
Military Trail
Property Size ..................83.80 Acres
Future Land Use Map ..... Medium Density Residential (5-12
units/acm), Low Density Residential (0-5
units/acre), Commercial Core, & Open
Space
Current Zoning ................ RM-8 (Multiple Family Residential, 8
units/acm), PRD-5 (Planned Residential,
5 units/acre), & OS (Open Space)
Adjacent Zoning .... North: RL (Multiple Family Residential-Low
Density), SAD (Special Activities
District), CF (Community Facilities), &
RM-10 (Multiple FamilY Residential, 10
units/acre)
East: SAD, CF, & County RT
South: R-l-AA (Single Family Residential), &
OSR (Open Space and Recreation)
West: POC (Planned Office Center), RM-10,
CF, & County RS/SE
Existing Land Use ........... Presently being used as an orange
grove.
Proposed Land Use ........ Proposal to construct 273 single family
zero lot line units.
Water Service ................. Available via a service connection to an
existing 10" water main along the north
side of Linton Boulevard.
Sewer Service ................. Available via a service connection to an existing
sewer main from Orchard View Elementary
School.
The item before the Board is that of approval of a preliminary plat and certification of
the preliminary/final plat for a 273 zero lot line subdivision development known as
Hammock Reserve. The subject property is a portion of the former Blood's Grove and
is located south of Linton Boulevard and east of Military Trail, and contains
approximately 83.3 acres.
'This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
=============================================================================================================================== :::::::::::::::::::::::::::::::::::::::::::
The history of the subject property is discussed in the Planning and Zoning Staff Report
Conditional Use Approval to Establish a Zero Lot Line Development in the RM Zoning
District, dated September 16, 1997, and the Planning and Zoning Staff Report Master
Development Plan for Hammock Reserve, dated September 16, 1996. The most recent
actions on the subject site are discussed below.
At its meeting of September 16, 1996, the Planning and Zoning Board approved the
Master Development Plan for the Hammock Reserve development. At its meeting of
October 1, 1996, the City Commission granted Conditional Use approval to allow 103
zero lot line lots in the RM-8 (Residential Multiple Family) portion of the Hammock
Reserve project.
In February of this year, a combined preliminarY/final subdivision plat was submitted
and is now before the Board.
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The Hammock Reserve plat consists of:
El 273 Zero lot line lots;
El Tract A: additional right-of-way for Military Trail;
El Tracts B and D: open space, landscaping, and buffer;
El Tract C: Lake Worth Drainage Distdct additional canal right-of-way;
El Tract P: preserve area;
El Tracts O-1 thru O-15: landscaping and open space;
El Tract R: recreation;
El Tract S-1:- private street and utilities;
El Tracts W-1 thru W-5:- lake management areas; '
El Drainage, landscape, lake maintenance; limited access, and utility easements.
A narrative was submitted with the approved Master Development Plan indicating that
the project will consist of 273 single family zero lot line homes with two models
(Oakmont and Glenwood). The Oakmont unit will be built on 71 lots that are to be a
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 2
minimum of 50' x 130', and will contain 2,193 square feet under air. The Glenwood unit
will be built on 202 lots that are to be a minimum of 40' x 125', and will contain 1,610
square feet under air. Both units contain three bedrooms, a minimum of two
bathrooms, and a two car garage. The Oakmont has a fourth bedroom/den. The pdce
of the homes will range from $140,000 to $180,000, and the project will be constructed
in two phases. Phase I includes the construction of Lots 1-140, the loop road from
Military Trail to the school entrance as well as the recreation center. The recreation
center, including the community pool, cabanas, tot lot, and preserve area will be
completed by .40% of buildout. Construction of Phase II will begin prior to the
completion of Phase I if sales of the Oakmont product are slow. Infrastructure
improvements will be installed as construction occurs throughout the development.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval
of the 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 Board to
approve;or deny the development application. These findings relate to the Future
Land Use Map, Concurrency, ComprehenSive Plan Consistency, and Compliance
with the Land Development Regulations.
Positive findings with respect to the Future Land Use Map, Concurrency, 'and
Comprehensive Plan Consistency were made With the approvals of the Hammock
Reserve Master Development Plan by the P & Z Board on September 16, 1996, and
the Conditional Use by City Commission on October 1, 1996. Those findings are still
valid. If a review of those findings is desired, please request a copy of the Master
Development Plan and Conditional Use staff reports from the Planning Department.
The applicable Land Development Regulations as they relate to this plat are discussed
below.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Lot Sizes:
The Hammock Reserve development is zoned PRD (Planned Residential District) in
part, and RM-8 (Multiple Family Residential-Medium Density at a maximum 8
units/acre). Pursuant to LDR Section 4.3.4(K), the following are the minimum
requirements as they relate to lot sizes for zero lot line lots within the PRD and RM
zone districts:
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 3
PRD Zone RM Zone
District District
Lot Width 40¥60' 60'
Lot Depth 80' 80'
LotArea 4,500 sq. ft. 4,800 sq. ft.
The proposed lots within the PRD portion of the Hammock Reserve development meet
or exceed the minimum requirements for zero lot line lots as they are at least 40' (60'
corner lots) in Width, 125' in depth, and 5,000 sq. ft. in lot area. The RM-8 section of
the project contains 103 zero lot line lots having widths of 40' (60' corner lots), depths
ranging from 125' to 140' and lot areas of at least 5,000 sq. ff.. Thus, the lot widths in
the RM-8 section are non-conforming with respect to lot width.
The Planning and Zoning Board approved internal adjustments (for the RM-8 portiOn)
with the Master Development Plan on September 16, 1996 with respect to reduction in
lot width; increased lot coverage; reductions in front yard, side interior, side street, and
rear yard setbacks. At its meeting of October 1, 1996, the City Commission granted
Conditional Use approval to allow zero lot line development in the RM-8 portion of the
property, subject to the condition that the City Commission make a finding pursuant to
LDR Section 4.3.1 (D) at the time of plat approval that it is necessary and appropriate to
create lots that do not meet the minimum lot width for the RM district.
The applicant submitted a justification for the requested reduction in lot width with the
Master Development Plan, via a narrative that states:
Single family zero lot line developments are a conditional use in the RM-8
zoning district. Rather than building apartments, group homes or other
higher density products, families can be encouraged to locate in this.
development if an alternative Can be provided. This can be accomplished
through the construction of a lower density type of development. To
develop this same product on a 60' lot would require the elimination of
approximately 34 units making the development impractical The request
will enhance the quality of the development and a superior project can be
created.
Single family detached residences in zero lot developments are permitted as a
Conditional Use in the RM zone district. The requested reduction in lot width from 60'
to 40' in the RM-8 portion results in a lot width consistent with the requirements of the
PRD zone district. The minimum lot area is still maintained as the minimum lot depth is
125' which exceeds the 80' requirement in the RM zone district.
As the RM-8 zoning is part of a Master Development Plan, common .open space is
provided throughout the site (lakes, mini passive parks, four acre preserve), common
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 4
amenities (pool, cabana and tot lot), and other PRD standards which would not
otherwise be required of a zero lot development in the RM district.
In summary, the internal adjustments were requested in order to provide larger homes
at a lower density along with amenities of a planned single family zero lot line
development. The adjusted lot size still meets the intent and purpose of this proposed
planned residential zero lot line development, and a finding can be made the reduction
in lot width is appropriate and necessary.
Reduction in Pavement Width:
Pursuant to LDR Section 6.1.2(B)(3), the required pavement width for a local street is
24'. The Hammock Reserve project proposes to provide 20' of pavement width with 2'
of valley curb and gutter on both sides of the pavement in the 50' right-of-way sections.
On October 1, 1996, the City Commission approved the reduction of pavement width
from 24' to 20' for those streets located within the 50' rights-of-way.
Dead-End Streets and Cul-de-sacs:
Pursuant to LDR Section 6.1.2(B)(4)(a), dead-end streets without the provision of a
turnaround are prohibited. Generally, a cul-de-sac, shall be required; however, in
unique situations where a cul-de-sac cannot reasonably be accommodated either a "'1'"
or "hammerhead" turn around may be acceptable. On October 1, 1996, the City
Commission waived this section and approved the dead-end streets for the project..
Sidewalk:
Pursuant to LDR Section 6.3.1(B)(1), a 5' wide sidewalk is required on both sides of a
residential street. The internal streets will contain a 50' right-of-way width containing.
sidewalks on bOth sides, thus this requirement is being met. The main driveway will
have a 60' right-of-way and will also contain sidewalks on both sides of the street.
Revised engineering '-plans were submitted to the Engineering Division on May 19,
1997, and a revised plat was submitted to the Planning and Zoning Department on
June 11, 1997. Almost all of the technical comments have been addressed, and the
outstanding items that remain are minor in nature. Addressing these remaining items
prior to the Hammock Reserve plat being scheduled for consideration by the City
Commission is listed as a condition of approval:
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 5
Plat:
1. Provide letter from Lake Worth Drainage District verifying that the 20' additional
dedication along Linton Boulevard is for future roadway expansion.
2. Provide acreage for all lots and tracts.
3. The plat shows a total of 15 open space tracts, however, the dedication language
indicates a total of 16. Revise the dedication language accordingly.
In addition to the above, addressing outstanding conditions for the previously approved
Master DeveloPment Plan as outlined in the September 16, 1996 Planning and Zoning
Staff Report is attached as a condition of approva!.
Site Plan:
1. The homeowner documents must also include a provision that does not allow any
window openings on the zero side of the unit other than those provided by the
original developer which contain glass block. A revised copy of the homeowner
documents addressing the above requirement must be submitted.
2. That the common recreation area and preserve be completed by 40% buildout of
the project.
3. That the entire loop road be constructed with Phase I development.
4. That a bicycle rack accommodating at least 10 bicycles at the recreational area be
provided, and 10 or more benches be provided in common open .space areas.
Street Names:
Pursuant to LDR Section 5.3,1(F)(1), a proposed new street which is in alignment with
or a continuation of an existing street shall have the same name as the existing street
unless there is a clear delineation, or break, in the function of the street and such
change in name is acceptable to the Fire Marshal. The road connecting the Citation
Club apartments and Hammock Reserve development to S. Military Trail is currently
named Citation Way. Orchard Grove Drive, a proposed internal street within the
Hammock Reserve development, will connect to Citation Way. The Fire Department
has recommended that both the connecting and internal streets be named either
Citation Way or Orchard Grove Ddve. Orchard Grove Drive may be more appropriate
because it is a neutral name that does not contain a reference to the names of either
development.
The applicant wishes to pursue the dual named road option of Citation Way and
Orchard Grove Drive. Per LDR Section 6.1.12(B), the Planning and Zoning Board shall
recommend the designation of name and numbers for streets to the City Commission
who will take final action. Unless a determination is made that a clear delineation
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 6
exists between the two streets, dual naming of the street will require the granting of a
waiver of Section 5.3.1 (F)(1).
Pursuant to LDR Section' 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Given the concerns expressed by the Fire marshal regarding the confusion that could
be created by the dual name, it appears that the waiver would not meet the standard "c"
above.
Access to Orchard Grove Elementary School:
A condition of the Master Development Plan approval was that access to Orchard
Grove Elementary School be maintained at all times. In order for this to be achieved, a
5' pedestrian access easement has been provided along the south edge of Tract 0-6,
and dedication language has been included for Tract S-1 to provide access to the
school for Citation Club residents. To assure continued access the Hammock Reserve
homeowners documents must contain language which requires the gate to remain open
(unlocked) before, during, and after school hours. Provision of a copy of this language
is attached as a condition of approval.
.:....:.::.?.:.::.......:.?.<.:.:.~::..,;,...-..:~.: .-...,.-.:<.~ .:.~:,,:....~:~:!:. ~¢:..-.,~, .-.~<.~ .. :,~ .-......:. :.; · . .~.~:.;. :.~.,
The development proposal is not within a geographical area requiring review by the
Community Redevelopment Agency (CRA), or Downtown Development Authority
(DDA).
Special Courtesy Notice:
Courtesy notices have been provided to the following homeowner's association which
have requested notice of developments in their areas:
I~1 DeI-Aire Homeowners Association
I~1 Spanish Wells Condominium
U] Foxe Chase Homeowners Association
Q Boca Delray Homeowners Association
Q Andover Homeowners Association
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 7
I~ Delray Property Owners Association
I~ Crosswinds, Eastwinds of Crosswinds, Southwinds of Crosswinds, and Crosswinds
Single Family Homeowners Association
I~! Pines of Delray East and Pines of Delray West;
I~1 PROD
I~ Shadywoods Homeowners Association
Letters of objection or support, if any, will be presented at the Planning' and Zoning
Board meeting.
The development proposal consists of 273 zero lot line homes that will be built under
two zoning designations and consistent with a Master Development Plan. Positive
findings were made with respect to the Future Land Use Map, ConcurrenCy,
Comprehensive Plan Consistency, and special regulations with the approval of the
Master Development Plan.
Several adjustments were approved with respect to increased lot coverage; reductions
in front yard, side interior, side street, and rear yard setbacks. At its meeting of OctOber
1, 1996, the City Commission granted Conditional Use approval to allow zero lOt line
development in the RM-8 portion of the subject site, subject to the condition that 'the
City Commission make a finding at the time of plat aPproval that it is necessary and
appropriate to create lots that do not meet the minimum lot Width for the RM district.
The zero lot line development is controlled through a Master Development Plan, and
recreational and open Space amenities are being provided which would not normally be
required with zero lot line developments in the RM zone district. The reduction in lot
width, as well as the other adjustments, were requested in order to allow larger homes
at a lower density. The reduced lot width in the RM-8 portion of Hammock Reserve is
consistent with the lot width requirements in the PRD zone district, thus the overall
concept of the planned zero lot line residential development is maintained. Based on
the above, a finding that it is necessary and appropriate to create non-conforming lots
in the RM-8 portion of Hammock Reserve can be made.
1. Continue with direction.
2. Approve the preliminary plat and certify the final plat subject to all conditions being
addressed prior to sch. eduling for City CommisSion action.
3. Deny the preliminary plat and final plat with reasons stated.
Planning and Zoning Board Staff Report
Hammock Reserve Plat
Page 8
By separate motions:
1. Recommend denial of the waiver request from Section 5.3.1(F)(1) to name a portion
of the main roadway Citation Way and the balance Orchard Grove Drive.
2. Recommend approval of the preliminary plat and certify the final plat for Hammock
Reserve, subject to the following conditions:
Ci That the Technical Items of this report be addressed prior to scheduling the plat
for City Commission action.
r3 That revised homeowners documents be submitted including language which
requires the gate to remain open (unlocked) before, dudng, and after school
hours.
Attachments: Q Location Map
Q Plat
1~! Master Development Plan
filename: u:\grahamc~pzrep~hamm°Ck-doc
TOWN CENTER
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CANAL L-56
PALM
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SOUTH COUNTY
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~ HAMMOCK RESERVE DEVELOPMENT
PLANNINC 0£PAR TM£N 1'
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-- fllGIfAL L1.4~cC t..IAp .,,cY'~ICM -- MAP RI:F: Lbl091
ammock eserve
Quali~y homes for over 3 7 years.
H 0 M E S , I N C.
Preliminary site plan is subject to change for mathematical
accuracy of engineering ~.omputation$. Slight shifts of lots
and easements ave anticipated. ~ liaown is c~nceptual
only. Plantingx may.be modified during construction protein
~18380
Agenda Item No.
AG . A R .OU .ST
Date: July 8, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When:July 15, 1997
Description of item (who, what, where, how much): Approval of final
subdivision plat for Favale Estates. All applicable permits have been
received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the final subdivision plat
for Favale Estates.
Department head signature: !~~' '~. ~ 7/~/~7
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 (ifapplicable)
Account No. & Description
Account Balance
City Manager Review: ~ ~i]~,~.~/l
Approved for agenda: NO
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
BC/gm
File: tac-Favale
ag0715.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~w~"l~
SUBJECT: AGENDA ITEM #~' REGULAR MEETING OF JULY 15, 1997
FINAL PLAT APPROVAL/FAVALE ESTATES
DATE: JULY 10, 1997
This is before the Commission to approve the final subdivision
plat for Favale Estates, a replat of Lots 488 and 489 of the 4th
Section of Tropic Isles plat. The replat consists of three fee
simple townhouse lots and one lot with an existing duplex. The
property is located at the southwest corner of Avenue L and
Spanish Trail.
The Favale Estates final plat was reviewed and certified by the
Planning and Zoning Board on May 19, 1997. All applicable
permits have been received and staff comments addressed.
Recommend approval of the final subdivision plat for Favale
Estates.
ref:agmemo5
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Barron Caronit~"~
Engineer I
SUBJECT: FINAL SUBDIVISION PLAT
FAVALE ESTATES
DATE: July 8, 1997
Attached is an agenda request for Commission approval of the final subdivision plat for
Favale Estates. The subject plat consists of the subdivision of a town house for fee
simple ownership. This plat was previously approved by the Planning and Zoning Board
at the May 19, 1997 meeting. Also attached is a location map and reduced copy of the
plat. If acceptable, please place this item on the July 15, 1997, Commission meeting for
Commission approval.
BC/gm
attachment
cc: TAC-FAVALE ESTATES
Paul Dorling, Principle Planner
file: s/eng/eng/tac/favale/fnlpltsb.doc
CITY of DELRAY BEACH F~V~ ESTA~S ~'~:~
~ ~ ~ ~. ~ ~m~. ~ ~ LOCATION ~ 00-000
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: May 19, 1997
AGENDA ITEM: IV.A.
ITEM: Combined Preliminary/Final Plat Approval for Favale Estates, a Multiple
Family Structure Containing Three Units, Located on the South West
Corner of Avenue L and Spanish Trail ....
-----] ~ T R OP I C
Owner/Applicant ...................... Raffaele F avale
,oo~,o. ................................... ~o~,h wes, Oome~ o~ ^v~,,~~ ~.~ S~n,s~ ~, !/~~
Property Size ........................... 0.448 Acres
Future Land Use Map .............. Medium Density Residential .YAc,..~ o...
(5-12 D.U./Acre)
Current Zoning ......................... RM (Multiple Family
Residential) ,~,s
Adjacent Zoning ............... North: RM
East: RM
South: RM J.s~,.~. o,.
West: RM
Existing Land Use .................... Existing duplex and 3
townhouse type units under
construction.
Proposed Land Use .................. Addition of 3 fee-simple
townhouse units to the existing
duplex with associated parking
and landscaping.
Water Service ........................... Existing on Site.
Sewer Service ....................... ;.. Existing on Site.
The item before the Board is that of approval of a preliminary plat and certification of
the preliminary/final plat for a fee simple townhouse development known as Favale
Estates. The subject property is located on the southwest corner of Avenue L and
Spanish Trail. The proposed plat contains approximately .45 acre.
This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
The proposed plat is a replat of Lots 488 and 489 of the 4th Section of Tropic Isles plat.
A duplex structure built in 1990 is located on the western portion of the property (Lot
488).
At its meeting of June 5, 1996, the Site Plan Review and Appearance Board approved
the site plan for the addition of three townhouse type rental units, known as Favale
Apartment Development. In December, 1996, the owner of the property submitted a
plat application creating 5 fee simple lots as he desired to sell the units individually.
Due to some technical difficulties with the plat the proposal was withdrawn. A revised
plat consisting of 4 lots is now before the Board.
The Favale Estates plat consists of:
3 fee simple townhouse lots and one lot with an existing duplex;
5' utility easement adjacent the south property lines, and 10' utility easement
along Spanish Trail and Avenue L; and
parking easement for guest parking.
This proposal is a replat of two existing lots into four individual lots, one for each of the
proposed townhouses, and one for the existing duplex.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval
of the 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 Board to
approve or deny the development application. These findings relate to the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
Positive findings with respect to the Future Land Use Map and Concurrency, and
Comprehensive Plan ConsistenCy were made with the Favale Apartment Development
Planning and Zoning Board Staff Report
Favale Estates Plat
Page 2
site plan on June 5, 1996. The applicable Land Development Regulations and
Comprehensive Plan policies as they relate to this plat are discussed below.
Future Land Use Element Policy A-l.l (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. _
Housing Policy C-2.4 Development of remaining vacant properties which are
zoned for residential purposes shall be developed in a manner which is
consistent with adjacent development regardless of zoning designations.
Positive findings with respect to the above referenced policies were made with approval
of the site plan. Construction of the townhouse units is almost complete. This proposal
changes the nature of the project from a rental to fee simple ownership, which will be
complimentary with the surrounding residential neighborhood. The area currently has a
variety of other housing types, including multiple family developments, duplexes, and
townhouses.
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.
No common recreation area is depicted on the approved site plan or proposed plat. As
the development consists of only five units, a finding that provision of a recreation area
for this development is not appropriate can be made.
Compliance with Land Development Re_~ulation$;
Interior Street System: Pursuant to LDR Section 4.3.3(0)(2), townhouse developments
are required to provide a platted street system interior to the project. The Favale
Estates plat does not provide an interior street system as direct access to Avenue L is
proposed. The applicant has submitted a waiver request from this requirement, for
review by the Planning and Zoning Board.
Pursuant to LDR Section 2.4.7(B)(5) (Findings), prior to granting a waiver, the granting
body shall findings that the granting of the waiver:
a) Shall not adversely affect the neighboring area;
b) Shall not significantly diminish the provision of public facilities;
Planning and Zoning Board Staff Report
Favale Estates Plat
Page 3
c) Shall not create an unsafe situation; and,
d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
For large scale townhouse projects, interior streets are necessary to prevent individual
access from townhomes directly onto a main collector or local read, and to provide
access to parking lots within townhome developments. For a project as small as Favale
Estates, and given the location and parcel configuration, provision of an interior street
system is not practical. Given the size of the project, it is anticipated there will be no
objection to this waiver request. Based on the above, findings can be made that
granting of the waiver will not adversely affect the neighboring area; significantly
diminish the provision of public facilities; create an unsafe situation; or, result in the
grant of a special privilege.
Sidewalk: Pursuant to LDR Section 6.1.3(A)(B), a 5' sidewalk is required along Avenue
L and Spanish Trail. The approved site plan indicates sidewalks are proposed along
Spanish Trail and a portion of Avenue L. Thus, this requirement is being met.
Right-of-Way Dedication: Per LDR Section 5.3.1 right-of-way dedications to meet
minimum standards must be made with all developments. Pursuant to LDR Section
5.3.1(D)(2), the required right-of-way width for Avenue L and Spanish Trail is 60' and
only 50' currently exists. Per LDR Section 5.3.1(D)(4), a reduction in the required right-
of-way width may be granted by the body having approval authority of the associated
development application, provided the reduction is supported by the City Engineer. The
City Engineer reviewed the request for a reduction in right-of-way width and determined
that the existing right-of-way width of 50' is sufficient for Avenue L and Spanish Trail.
At its meeting of June 5, 1996 during consideration of the site development plan,
SPRAB approved a reduction in right-of-way from 60' to 50' for Avenue L and Spanish
Trail.
The following technical comments that remain pertain to changes to the plat. These
changes are minor in nature and can be easily addressed.
Plat:
1. A homeowners association will need to be formed for maintenance of common
areas (i.e., the guest parking area).
2. Tie plat to section comer.
Planning and Zoning Board Staff Report
Favale Estates Plat
Page 4
3. Lot area under "Notes" appears to be incorrect. Provide correct lot area and
acreage for site.
4. Include CL (center line) under "Notes".
The above requirements are to be addressed prior to the Favale Estates plat being
scheduled for City Commission approval.
t
The development proposal is not within a geographical area requiring review by the
Community Redevelopment Agency (CRA), or Downtown Development Authority
(DDA).
Special Courtesy Notice:
Courtesy notices were provided to Tropic Bay Condominium Association, Tropic Harbor
Condominium Association, and Tropic Isle Homeowners Association. Letters of
objection or support, if any, will be presented at the Planning and Zoning Board
meeting. -
~:~i~i~i~i~..::~;~i~i.......~...:.~i~i~i~;~.:~.:.:~.~....~.~.:.:...~~ ":~'" '~.''' '~' r ~.~-'' "~.'" ~.-'...~ ",' i~' r ~'' ':' '~.r ~.~.~.-;~' ~.'' =~.~' ~.' i:~'''' ~.~'..-'.-'...-?~'' ~i' ~.~i~'' ':' '~.~' !.!.'~' ..'...~'' ~' '~.~.' "i.....-'...!'..'...~'.'"-'~':-."~i~i.::~..':~
The proposed subdivision complies with the Comprehensive Plan and Chapter 3 of the
LDRs. Staff is supportive of the waiver request for the interior street system
requirement. The platting of the townhouse units for fee simple ownership is
compatible and consistent with the surrounding residential area, and will be an
enhancement to the area.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :>,: :::::::::: .:::: ':::: :¢: . ~..; ,~ ~- ~.'.:,, · ..:,?.:~.~, ,~:- ?:~: ~>.:: :~ ::: :>. :::::::::::::::::::::::::::::::::::::::::::: . ~. ~'~::~,.<<*.-.::: ~.~:,:.::.~<..-~:~.~
1. Continue with direction.
2. Approve the preliminary plat and certify the final plat subject to all conditions being
addressed prior to scheduling for City Commission action.
3. Deny the preliminary plat and final plat with reasons stated.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: -::: ;::: :::: · ::: :::::::::::::: ::: · ..~ .~.~.'..: :: :: .~ ::: ::' ~.. -::. .:: :: ::: ::: ~::::.::::::~::::~:::::~.~.:~:.<:~:::~:!:~:~.:::..~.~.~.~::::~::::~:~>~.:::-:°:~
By Separate Motions:
Planning and Zoning Board Staff Report
Favale Estates Plat
Page 5
1. Approve the waiver request from LDR Section 4.3.3(0)(2), which requires an interior
street system within townhouse developments, subject to positive findings with
respect to LDR Section 2.4.7(B)(5).
2. Approve the preliminary plat subject to positive findings with respect to Chapter 3,
and the policies and regulations of the Comprehensive Plan and Land Development
Regulations, and certify the final plat for Favale Estates, subject to the condition that
the items identified under the technical items of this report be addressed prior to
scheduling the plat for City Commission action.
Attachments: ~ Location Map
~ Reduced Plat and Survey
filename: u:\grahamc~pzrep\favalepz.doc
C
LA-MAT
GARDENIA DRIVE
H
MORSE
SA TURN
HYACINTH ORIV~
DUMAR
PLA ZA EA S TVIE W
MOBILE VILLAGE
HOMES
HARBOR
IRIS
$ L
DELRA Y
SHOPPING TROPIC JASMINE DRIVE
MOBILE CENTER VIEW
HOMES
AVENUE L
PELICAN
HARBOR BOCA ISLE
SHOPPES
TROPIC ISLE DR.
PELICAN POINTE
CONDO
WAY
CAN AL C- 1 5
~ FAVALE TOWNHOMES
PLANNING DEPARTMENT
CITY 0~' O£LRAY 8EACH, FL
--- OIGI~'AI. ~.AEE ~ SYSTEM -- I~AP REF: LM067
' C C o-,,-._. ~, ~
O~a-~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~i~ i
SUBJECT: AGENDA ITEM ~ ~'C' - MEETING OF JULY 15, 1997
ROADWAY IMPROVEMENT AGREEMENT/CORAL TRACE DEVELOPMENT
DATE: JULY 11, 1997
This is before the Commission to approve an agreement between the
City and Coral Trace for roadway construction improvements,
wherein the City agrees to be the named permit applicant for turn
lane and median modifications to Atlantic Avenue within the
Florida Department of Transportation right-of-way.
In order to reconfigure the median on Atlantic Avenue between
N.Wo 24th Avenue and Homewood Boulevard, 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 Coral
Trace for roadway construction improvements.
Agenda Item No. ~ .~
AGENDA REOUEST
Date: July 8, 1997
Request to be placed on:
X Regular Agenda
__Special Agenda
__Workshop Agenda When:July 15, 1997
Description of item (who, what, where, how much): Approval of aqreement
for construction of roadway improvements for Coral Trace between Aurora
Homes, Inc and the City. For the City to be named as applicant for the
F.D.O.T. permit for turninq lane and median modifications to Atlantic
Avenue.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the agreement for
construction and to be named ~pplic~t for,~D.O.T, permit.
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 (ifapplicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
BC/gm
File: tac-Favale
ag0715.doc
TO: David T. Harden
City Manager
FROM: Barron Caronite~'~-~?3~
Engineer I '//~
SUBJECT: AGREEMENT FOR CONSTRUCTION OF ROADWAY
IMPROVEMENTS FOR CORAL TRACE/ATLANTIC AVENUE
DATE: July 8, 1997
Attached is an Agenda Request for Commission approval of a standard agreement for the
City to be named as applicant for a Florida Department of Transportation permit for turn
lane and median modifications to Atlantic Avenue associated with the Coral Trace
Development. This is a routine Florida Department of Transportation requirement for
which the attached boiler plate agreement has been proposed.
BC/gm
Att: 1
cc: TAC-CORAL TRACE
file: s/eng/eng/tac/coraltr/amem0715, doc
AGREEMENT FOR CONSTRUCTION OF
ROADWAY IMPROVEMENTS FOR CORAL TRACE
THIS AGREEMENT, made and entered into this day of
, 1997, by and between AURORA HOMES, INC., a Florida corporation
("AURORA") and the CITY OF DELRAY BEACH, a Florida municipal corporation
("CITY").
WITNESSETH:
WHEREAS, AURORA is presently constructing the Coral Trace project in the
City of Delray Beach along Atlantic Avenue; and
WI-IEREAS, as part of the construction, AURORA is reconfiguring the median
on Atlantic Avenue between N.W. 24th Avenue and Homewood Boulevard; and
WHEREAS, the parties desire to enter into this agreement to legally bind each
other, and their heirs, successors and assigns; and
W}tEREAS, in order to reconfigure the median, AURORA 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 permit for the construction.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CITY and AURORA 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 Coral Trace project, the
CITY agrees to be the named applicant for the D.O.T. work permit for the median
construction indicated in the plans attached hereto as Exhibit "A".
3 AURORA agrees to pay directly to D.O.T. costs attributable to the
permit application, and all design and construction costs associated with the median
construction.
4 AURORA agrees to perform all construction associated with the median
modification. AURORA agrees to replace and replant any and all landscaping removed as a
result of the construction, and to install landscaping in the median location which is being
closed. The term "landscaping" includes all plants, trees, shrubs, ground cover, water lines,
electric lines, and communication equipment. All landscaping which AURORA installs must
be approved by the City's Horticulturist prior to installation. AURORA agrees to provide a
one-year warranty for all landscaping and shall replace or repair any landscaping installed
during the one-year period following completion of the median relocation.
5. In consideration of the payment of Ten Dollars ($10.00) receipt of which
is hereby acknowledged, AURORA hereby agrees to defend, indenmify 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 median 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. AURORA 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.
AURORA 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.
6. This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida.
7. 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 33444
Telephone: 561-243-7341
AURORA: Aurora Homes, Inc.
1750 N. Florida Mango Road
Suite 402
West Palm Beach, Florida 33409
Telephone: 561-687-3600
8. 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.
9. This agreement shall not be valid unless signed by the City Mayor and
City Clerk.
IN WITNESS WHEREOF, the CITY and AURORA have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the first date written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to Form:
City Attorney
(Print or Type Name) (Print or Ty~rName, Title)
//f~7'~¢/~ ~)~#~'~A/~ o (SEAL)
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this '~'~day of
5L~ , 1997by ~~4~ ~}~~ (name of officer or agent, title
of officer or agent) of AURORA HOMES, INC., a Florida corporation, on behalf of the
corporation. He/She is personally known to me or has produced ~[. ~
as identification.
AURORA.agt
i BONNIE CHAUVIN
1.'..7 ~ '";".~ comm. No. cc 570247
~.~..~.;1 My Comm. Exp. July :23, 1999
~ ~ DELRAY BEACH ~ / ~ - )
CITY of DELRAY BEACH EXHIBIT "r
ENVIRONMENTAL SERVICES DEPARTMENT ~ CO~L TRACE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JULY 15, 1997
CHANGE ORDER #1 AND FINAL PAYMENT/O'CONNOR & TAYLOR,
INC.
DATE: JULY 11, 1997
This is before the Commission to approve deduct Change Order #1
in the amount of $4,180 and final payment in the amount of
$30,799 to O'Connor & Taylor, Inc. for their work on the Ocean
Rescue Headquarters project.
The City is in receipt of all required contract close-out
documents and warranties.
Recommend approval of deduct Change Order #1 and final payment to
O'Connor & Taylor, Inc. Funding is available from the Lifeguard
Headquarters (Account No. 334-4170-572-63.44).
Agenda Item No.
AGENDA REQUEST
Date: July 2, 1997
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: July 15, 1997_
Description of item (who, what, where, how much): Staff request City_ Commission
approve deduct Change Order #1 in the amount of $4,180.00 and Final Payment in the
amount of $30.799.00 to O'Connor & Taylor. Inc. for their work on the Ocean Rescue
Headquarters Project. Funding is available from Account No. 334-4170-572-63.44.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve deduct Change Order #1
in the amount of $4.180.00 and Final Payment in the amount of $30.799.00 to O'Connor
& Taylor, Inc. for their work on the Oceac~Rescue Headquarters Proiect.
Department head signature: .~J~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (r,~eq~red on all items involving expenditure of funds):
,-,A--,Funding available/NO .........
f¢¢~,~,? Funding alternatives (if applicable):
(~--'*',~ Account No. & Description
',L2..-' Account Balance ~ ."~n.~(~_ ' ~
City Manager Review:
Appr°ved f°r agenda:~/S~/NOHold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9515~agreq715
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, A.I.A. ~
Construction Mana~r
Date: July 2, 1997
Subject: AGENDA REQUEST 7/15/97
Ocean Rescue Headquarters
Project No. 95-015
Attached is a request for City Commission approval of deduct Change Order #1
in the amount of $4,180.00 and Final Payment in the amount of $30,799.00 to
O'Connor and Taylor, Inc., for their work on the Ocean Rescue Headquarters
project.
The project had a contingency allowance of $15,000.00 of which only
$10,820.00 was used, leaving a balance of $4,180.00. See attached letter dated
June 11, 1997, from the contractor, for a listing of additions to the project.
I have also attached a Contractor's Past Performance Evaluation Form for your
review. This contractor is the same one who did the Municipal Golf Course
Clubhouse and is currently working on the City Hall Envelope.
The City is in receipt of all required contract close-out documents and warranties
and therefore staff recommends approval of deduct Change Order #1 and Final
Payment to O'Connor & Taylor, Inc. Funding is available from Account Number
334-4170-572-63.44.
cc: Agenda File 7/15/97
Dick Hasko
File 95-015 (A)
s\...\9515\agmem715
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One Final PROJECT NO. 95-01,5 DATE: May 7. 1997
PROJECT TITLE: Ocean Rescue Heado. uarters
TO CONTRACTOR: O'Connor and Taylor. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Deduct balance of unused contingency funds available for the referenced .ordect.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $317.853.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0,gO
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $317.853.00
COST OF CONSTRUCTION CHANGES THIS ORDER ($ 4.180.00)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $;]13.673.00
PER CENT DECREASE THIS CHANGE ORDER 1.32 %
TOTAL PER CENT DECREASE TO DATE .. !.32 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO $/9/97
date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered
opinion, accu~a,[e; that the prices quoted are fair and reasonable and in
proper ratio(to t~-"~ cost of the original w,~contracted for under benefit of
· SIdNATURE (A~dH~ECT) l da(e
CONTRA"~TOF
(sign & se~l)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4170-572-63.44
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
CiTY ATTORNEY CITY CLERK
s:~...\9515\co 1fin
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila, A.
Construction Man'agbr
Date: June 18, 1997
Subject: Ocean Rescue Headquarters
Project No. 95-015
Contingency Funds
The funding for the above referenced project included a $15,000.00 contingency
allowance. Following is a brief description of how the funds were used leaving a
balance of $4,180.00 to be deducted via a Change Order.
1. Electrical main service: Florida Power & Light had a change of plans
regarding the location for source of power for the new building. This
change caused some re-design and subsequent relocation of the meter.
2. Add 4 auto-flush devices: The design engineer inadvertently left out
four auto-flush devices from the plans. There was supposed to be a total
of six, and his plans only indicated two.
3. Pre-cast shower: The architect was to have specified the same pre-cast
showers as the ones that are currently along the beach for this project.
Somehow, this information was not in the Contract Documents and the
contractor was not able to provide what the City expected within his
budget.
4. Garage door columns: A conflict between the garage doors, the support
columns and a transfer beam required a modification to the size and
location of the door opening. Additional steel, forming and concrete was
needed.
5. Change of,base material: The entry hall was to have a vinyl base on an
epoxy floor. I requested that the floor material be carried right up on the
wall to create the base for ease of maintenance and appearance.
6. Exhaust fan: The contract documents were unclear as to the exact
requirements of exhaust fan in the garage area below the building. Once
clarifications were made, an upgrade fan was supplied and installed.
7. Wall reinforcement: The lifeguard staff had requested that we reinforce
the wall between the public restrooms and the interior office space. They
indicated that in the past they had experienced some vandalism and
wished to have better protection. Staff instructed the contractor to add a
sheet of plywood on both sides of the wall, below the new drywall.
8. Garage epoxy floor: The lifeguard staff-had requested a more durable
floor finish and one that would be easy to maintain. An epoxy floor was
applied over the new concrete slab.
The above listed Contract additions represent a total cost to the City of
$10,820.00 leaving a balance of $4,180.00 in the available project funds. A
deduct Change Order will be prepared by staff to adjust the Contract amount.
cc: Dick Hasko
File 95-015 (A)
s\...\9515~addcstmrn
O'CONNOR & TAYLOR, INC. G e ,Co.=cting
Construction Management
3892 Prospect Avenue, Suite 7
West Palm Beach, FL 33404
June 11, 1997 Phone(561)863-7349
Fax (561) 863-3674
Mr. Jose Aguila, Construction Manager
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33q44
Re: Ocean Rescue Headquarters
Dear Jose:
We would like to submit our breakdown for the costs associated with the list of changes
for the above specified project.
1. Electrical Main Service $3,876.77
2. Adding of (4) auto flush valve control stations with
power and controls. $ 567.00
3. Labor and materials to supply precast concrete shower
column, including (1) shower head and valve assembly and
(1) foot wash valve assembly. Based on the weight of this
shower (+/-) 700 lbs., we will need a crane to set it in place. $1,651.36
4. Labor and materials to increase size of garage concrete columns. $1,363.52
5. Labor and materials to install epoxy base in Hall and Storage Room,
in lieu of vinyl base shown on issued drawings. $ 280.35
6. Labor and materials to furnish and install new exhaust fan and
associated circuiting. $ 421.00
7. Add V2" plywood (between Durock and Metal Stud) to full extent of
all stud walls at Rooms 101 and 102. $ 420.00
8. Epoxy finish for garage floor. $2,240.00
8a. Original sealing of concrete floor has been deducted from the
cost of Item #8. NC
Total Costs for all items listed above: $10,820.00
If you have any questions regarding this pricing, or thc project itself, please call mc at
your convenience. Thank you for your cooperation.
Sincerely,
' J~ohn Collier ¢
Project Manager E"_r iglNEESINg
OUTSTANDING BUILDER OF THE YEAR, conferred by the American Institute of Architects. Palm Beach Chapter
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM # ~'~-. REGULAR MEETING OF JULY 15, 1997
CHANGE ORDER #1 (FINAL/ AND FINAL PAYMENT/RIC-MAN
INTERNATIONAL, INC.
DATE: JULY 11, 1997
This is before the Commission to approve deduct Change Order #1
in the amount of $15,284.51 and final payment in the amount of
$98,590.99 to Ric-Man International, Inc. for completion of the
Highland Beach force main reconstruction project.
The change order accounts for the final, as-built measured
quantity adjustments as compared to the original contract.
Recommend approval of Change Order #1 (Final) and final payment
to Ric-Man International, Inc., with funding from Highland Beach
Force Main (Account #442-5178-536-63.92).
ref:agmemo6
Agenda Item No. ~'
AGENDA REQUEST
Date: July 9, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
- Workshop Agenda When: July 15, 1997
Description of item (who, what, where, how much): Staff request City
Commission to approve Change Order #1. Final to Ric-Man International, Inc.
for Highland Beach Force Main Reconstruction 95-32. The Change Order accounts
for the final as-builts measured quantity adjustments as compared to the
original Contract.
Schedule "A" attached to the Change Order specifically references these
adjustments. The amount of Change Order #1, Final is a net deduct of -
$15,284.51.
Approval is also requested for final payment to Ric-Man International, Inc. in
the amount of $98,590.99 for the project. A Contractor Evaluation is also
attached for your review.
Funding source for this agenda request is 442-5178-536-63.92 (Highland Beach
Force Main) for -$15,284.51.
Recommendation: Staff reque~sts City_Commission to approve Change Order No. 1,
Final and Final Payment to~c~Ma~n)t~n~~,~ Inc. ~
Department head signature: ~J~-~ ~_. ~-------~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review ~r~l items involving expenditure of funds):
Funding available{ YE~NO~--q~ ~;,,~%~
Funding alternative---~ '~ (if applicable)
Account No. & Description
Account Balance
City Manager Review: E~ ~'1
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Divi~on
Date: July 9, 1997
Re: Change Order No. 1, Final - Highland Beach
Force Main Reconstruction - Project 95-32
Attached for Commission approval is an agenda request for Change
Order #1, Final to Ric-Man International, Inc. for the above
referenced project. The Change Order accounts for the final as-
built measured quantity adjustments as compared to the original
Contract.
Schedule "A" attached to the Change Order specifically references
these adjustments. The amount of Change Order #1, Final is a net
deduct of $15,284.51.
Approval is also requested for final payment to Ric-Man
International, Inc. in the amount of $98,590.99 for this project.
A Contractor Evaluation is also attached for your review.
Funding is from Account No. 442-5178-536-63.92 (Highland Beach
Force Main) for -$15,284.51
CC:
File: Memo to City Manager
9532A
9532memo
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGIN;iL CONTRACT
CHANGE ORDER #1, FINAL PROJECT NO. 95-32
DATE:
PROJECT TITLE: Highland Beach Force Main Reconstruction
TO CONTRACTOR: Ric-Man International, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
See attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $368,706.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.O0
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $368,706.00
COST OF CONSTRUCTION CHANGES THIS ORDER -$ 15,284.51
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $353,421.49
PER CENT DECREASE THIS CHANGE ORDER -4.1 %
TOTAL PER CENT DECREASE TO DATE -4.1%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data
included is, in my considered opinion, accurate.
Ric-Man International, Inc.
(Sign & Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Service Department 442-5178-536-63.92 (Highland Beach
Force Main) for -$15,284.51.
DELRAY BEACH, FLORIDA by its City Commission
RECON~4END: By
for Environmental Services Jay Alperin, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
£0"8 ~$£&£~C Oi -MNOII~N~BINI N~W-318 140~ ~S:05 &66T
18:49 FROM RiC-MAN INTERNATIONAL TO 243'?~14 P.02
RIC-'MAN iNTERNATIONAL, INC,
2~01 N,W. 48TH STREET
POMPRNO BEACH, FLORIDA 33073
D~,TE: JUNE 25, 1997 FINAL REQUEST FOR PAYMENT PROJECT; HIGHLAND BEACH
~'EQUESTION NO:5 REVISED FORCE MAIN RECONSTRUCTION
PROJECT ih.
GENTLEMEN'. OWNER: CI'I*Y OF DELRAY BEACH
E~NG: ~Y 31, 19~T. ~
TO ~TE ~QUE~ ONLY
.~VlOUNT OF ORIGINAL CONTRACT 1. $ :~8,,70~.o0 XXXXXXXX,XXXX
APPROVED CHANGE ORDERS-INCREA~; (DECRF_A,SED) 2. $
TOTAL CONTRACT & APPROVED CHANGE ORDERS 3, $
VALUE OF ~RK PERFORMED 4. $ $~.421L4g 70,276.49
(PER BREAKDOWN AT/ACHED)
RI=L~,A~EO R~'rAINAGe 28.:~14.50
VALUE OF MAT'~IAL,~ b't'Ol~,~D ON 8i'~ ~. $ CL0~ 0.00
TOTAL REQUiSiTIONED 8. $ :353,421!.49 98,$g0.99
LESS: 0e~ RETAINAGE 7. $ ~.00 0.0(}
AMOUNT EAI:~,I~D TO OAT~ 8. $ ~53.421L4oa 98,590.99
LESS: PREVIOUS APPLICATIONS g. $ (2~4,8.~[.~0)
AMOUNT DUE 10. $ 2B,51~.92 98,590.99
BALANCE TO COMPLETE 11. $
THE CONTRACTOR CERTIFIES THAT ALL MATERIAt.~, LABOR AND SERVlCF.~ FURNISHED' BY HIM THROUGH THE ABOVE MENTIONt[O PAY
PERIOD HAVE BEEN FULLY PAID FOR (EXCEPT AS LISTED HEREON BELOW) AND THE PREMISE8 OF THE AB~VE NAMED JOB CANNOT BE MADE
SUBJEGT TO ANY VALID LIEN OR Gl.AIM BY ANYONE ~ FURNISHED MATERIAl.., I..A~R OR 81~VICF-_~ TO THE CONTI=La,.GTOR TO USE IN
JOB; AND THE OONTRAG'TOR HERESY la, LEASES THE OWNER FROM ANY FURTHER LIABILITY .
~N CONNEG'T'ION ~ ,aLL MAT'IaRIALS. LA~OR Ad'~ ~ERVICE8 FURNISHED BY THE CONTRAG"T~R TH~PkQL~3/C( THI~ PAY PERIOD.
T'HI,q. REI..EAeE 18 GIVEN IN ORDER TO INOUGE PAYMENT IN ~ AMOUNT OF' ~,~0~ ~'"'A, ND O~ OF' ~adO PAYMENT BY
TITLE: C~I: Ola. A~CRETARY
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITYIMPROVEMEN'~
FROM: NANCY DAVILA, HORTICULTURIST
RE: LAKE IDA ROAD BEAUTIFICATION - CONTRACT CLOSE-OUT
FINAL PAYMENT
DATE: JULY 3, 1997
ITEM BEFORE THE COMMISSION
The item before the Commission is approval of the final 'Application and Certificate for
Payment' submitted by Regal Contractors in the amount of $16,925.69 for the Lake Ida
Road beautification project.
.BACKGROUND
Per City of Delray Beach Administrative Policies and Procedures Manual, Number BF-
18, the final 'Application and Certificate for Payment' must be approved by the City
Commission before the final payment is made.
The following documentation is included:
· Application and Certificate for Payment
· Copy of Purchase Order
· Warranty of Title
· Final receipt Form
· Certificate of Substantial Completion signed by Contractor, Consultant and
Project Manager
· Field Report for final inspection prior to acceptance for substantial
completion
RECOMMENDATION
Staff and the City's Consultant, Cotleur hearing, recommend approval of the final
payment to regal Contractors, Inc.~ in the amount of $16, 925.69 for the Lake Ida Road
beautification project.
Date: July 8, 1997 Agenda Item No. ~"'
AGENDA REQUEST
Agenda request to be placed on:
X__ Regular __ Special __ Workshop __ Consent
When: July 15, 1997
Description of Agenda Item:
Final Payment and Contract Closeout for Lake Ida Road Beautification
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:(~ No
Funding Alternatives: (if ,ap~plicable)
Account//& Description: qlqq-
Account Balance: ~ {:z~,
City Manager Review:
Approved for agenda: & NOHold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NAME: Lake Ida Road Beautification
(Congress Avenue to Swinton Avenue)
CITY OF DELRAY BEACH PROJECT NO: 91-32
CONSULTANT PROJECT NO: 96-0404
CONTRACTOR: REGAL CONTRACTORS, INC.
coNTRAcT DATE: February 19, 1997
This Certificate of Substantial Completion applies to all Work under the Contract
Documents or to the following specified parts thereof:
TO: City of Delray Beach, Florida
AND TO: Regal Contractors, INc.
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized
representatives of the CITY, CONTRACTOR and CONSULTANT, and that Work is
hereby declared to be substantially complete in accordance with the Contract Documents
on: June 6, 1997
(Date of Substantial Completion)
A tentative list of items to be completed or corrected is attached hereto. This list may not
be all-inclusive, and the failure to include an item in it does not alter the responsibility of
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
The items in the tentative list shall be completed or corrected by CONTRACTOR within
10 days of Substantial Completion..
The responsibilities between the CITY and CONTRACTOR for security, operation,
safety, maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
CITY: Maintenance of' ~rrigation System
Payment of water bills
CONTRACTOR: One year warranty & maintenance
to be$in June 15, 1997 & end
June 14, 1998
The following documents are attached to and made a part of this Certificate:
One year maintenance schedule, Final Receipt, Request for
Final Payment, Fi61d Report/Punch List Dated June 6, 1997
prepared by Consultants Cotleur Hearing, Inc.
CSC-I
This certificate does not constitute an acceptance of Work not in accordance with the
Contract documents nor is it a release of CONTRACTOR'S obligation to complete the
Work in accordance with the Contract Documents.
Executed by CONSULTANT on
Title:
CONTRACTOR accepts this Certificate of Substantial Completion on:
--~'6c-t ~, ~9
The CITY accepts this Certificate of Substantial Completion on:
CITY OF DELRAY BEACH
Title: r
CSC-2
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST '~(~
RE: LAKE IDA ROAD BEAUTIFICATION
CLARIFICATION OF PUNCH-LIST ITEMS
DATE: JULY 8, 1997
This memorandum serves to clarify the disposition of the punch-list items included in
my memorandum of July 3, 1997 regarding the contact close-out and final payment to
Regal Contractors, Inc. for Lake Ida Road beautification.
The Contractor addressed all items with the exception of # 1 and # 11 which involved
the replacement of Silver Buttonwood trees along the blue metal building on SW 10th
Avenue which appeared stressed and one Silver Buttonwood in the median that was
undersized.
Item # 2 regarding the replacement of the specimen Seagrape Trees is contingent upon
availability.
Regal Contractors, Inc., told me the replacement Silver Buttonwoods had been dug and
were currently under mist and will be planted the week of July 14th.
Plant theft continues to be a problem, last week we lost 19 Cocoplum and 10 Ilex
shillings. Yesterday we lost 25 Ilex shillings and 12 Cocoplum. After the first
occurrence (since the City took over the project) I contacted Marc Woods with the Police
Department. He indicated he would keep an eye out for violators. I don't know what
else to do about the theft. I would love them to put the area under surveillance as this
happened quite a often during the installation, but I'm sure this isn't very high up on their
list of priorities. The value of the plants stolen since the City took over is almost
$600.00.
C
Cotleur
Hear' FIELD REPORT
Phnning . .
Environmentul Consulting
Gmphi: ~ign Date: June 6 1997
Re: Lake Ida Road Beautification
Project #96-0404
On Site: Rob Cotleur, Cotleur Hearing . ~)
Nancy Davila, City of Delray Beach
Earl Christenbury, Regal Contractors
Paul Martin, Regal Contractors
Terry, Florida Design Irrigation
Purpose: To provide final inspection prior to substantial
completion and payment application #3.
We walked the entire length of the project. The following items were noted.
1. One Silver Buttonwood tree on the western end of Median I is still below specifications
and needs to be replaced. This was noted in May 2, 1997 Field Report.
2. The Seagrape trees were never replaced as per eadier reports. These trees are well
below the required size specification but the Contractor has stated that he cannot locate
sufficiently sized trees to use on this project. Agreement was made between Rob
Cotleur and the Contractor that if Rob's construction division can locate these trees at ah
area nursery within the one (1) year maintenance pedod (provided by the Contractor), he
will at that time replace the existing trees, with larger specimens that meet the required
specifications.
3. The newly planted Silver Buttonwood trees in the 10~ Avenue right-of-way area need to
be staked.
4_ A portion of the'sidewalk along 10~ Avenue right-of-way was broken recently by heavy
trucks. No one was sure if itwas by Regal Contractors, the Irrigation Contractor, the City
of Delray Beach worl(ers or others. When it is determined which Contractor did this
damage then they will be responsible for repairing the sidewall~
5. Also, along the 10~ Avenue right-of-way there are some areas that still need to have sod
added and other areas that need to have large weeds removed before the sodding can
be completed. ..
Suite ~02
1070 E. Indiantown Road
Jupiter, Flor' ~ e' a~ ts
Field Report '
Lakes Ida Road Beautification
June 6, 1997
Page 2
6. One (1) Coconut palm along 10"' Avenue right-of-way still appears to be stressed. The
new growth is discolored and weak. This tree will be monitored to see if it survives
during the maintenance period. If it does die during that time, it will be replaced by the
Contractor.
7. A valve box was broken in Median 2, apparently run over by a car, and needs to be --
replaced by the Contractor.
8. Also, in Median 2 the backflow preventor is currently located approximately 18" from the
back of the curb. We decided at this time that we will not require the Contractor to
relocate it; but if it is damaged or hit in any way dudng the one year maintenance pedod,
the Contractor would at that time be required to relocate it to a minimum of 4' from the
back of the curb.
9. In several areas since the mulching has been added, the plants are now planted too Iow.
This included Spider Lilies, Cocoplum, and Saw Palmetto to name a few. The Contractor
was instructed to either pull the mulch back away from the base of the plant or to raise
each plant that is too Iow so that it doesn't develop stem rot.
10. Contractor did not utilize pins in the weed fabdc as required by the specifications. At this
time this is allowable but this will be monitored and if at any time during the maintenance
period this weed fabdc becomes unsecured, it will then need to be pinned by the
Contractor.
11. Several of the Silver Buttonwood bushes along 10"' Avenue are shocking. It appears
that at least 3 or 4 will not recover and will need to be replaced. This will be monitored to
get a final count. Once these have recovered and have started to fill in, the Contractor
was requested to at least top them off so they. can start to promote a more full growth
habit instead of being tall and skinny.
12. The Contractor needs to add 2 Needle palms in Median 3 that apparently were stolen.
13. Approximately 6 to 10 Dwarf Cocoplum shrubs were stolen from Median 4 and need to..
be replaced by the Contractor.
14. Fire Ants were noted in Median 5 and in Median 3 and need to be treated by the
Contractor.
15. The Contractor was requested to clean up the trunks on several of the Washingtonian
and Chinese Fan palms where the Thatch is currently falling off and damaged.
16. One (1) irrigation head on the western end of Median 5 needs to be shifted to the west
approximately 6' to 10' to provide better coverage to the Dwarf Crown of Thorns.
17. The west end of Median 4' needs to have an end strip head added to provide better
coverage to the plants in that area.
18. Contractor was requested to do a final clean-up and sweeping around all medians.
19. Saw Palmetto's do not meet size specifications. Contractor was requested to replace
with proper size or provide a fair rebate in the unit cost of each plant to the City.
Field Report
Lakes Ida Road Beautification
June 6, 1997
Page 3
20. Rob Cotleur did not believe that the Dwarf Crown of Thorns used was the proper variety
(Milii 'rosy' pink) as specified in the plans. The supplier thought they were. RobCotleur
is to investigate further to make a determination. If these plants are found to be the
wrong vadety they will need to be replaced since they do not look so good.
21. Spray Spider Lilies with Fungicide dudng maintenance pedod.
22. Re-prune trees that were improperly pruned (branches flush with trunk).
23. Contractor was requested to refer to Section 01700 of the Project Specifications which is
the Contract Close Out section and adhere to all the requirements of this section. This
includes all the Final Release of Lien Documents, the "As Built" Drawings mark-ups of
Landscape and Irrigation so the Designer of Record can up-date them, the schedules for
watedng and maintenance as required in this section and any other portions as
applicable.
This concluded this site visit. The contract was determined to be substantially complete at this
time. When the Contractor has completed these last items on this punch list, he will contact our
office for another re-inspection.
cc: Nancy Davila, City of Delray Beach
Ead Christenbury, Regal Contractors, Inc.
Paul Martin, Regal Contractors, Inc.
Terry, Florida Design Irrigation
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~7%~]
SUBJECT: AGENDA ITEM # ~.~. - MEETING OF JULY 15, 1997
FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION, INC.
DATE: JULY 11, 1997
This is before the Commission to approve final payment in the
amount of $15,331.46 to Murray Logan Construction, Inc. for the
Lift Station 50 piping modifications project.
Recommend approval of final payment to Murray Logan Construction,
Inc. Funding in the amount of $3,810.00 is from Other Replace-
ment (Account No. 001-4131-572-46.90) and $11,521.46 from Media
Replacement (Account No. 442-5178-536-61.46), for a total of
$15,331.46.
Agenda Item No. 0.%.7,
AGENDA REQUEST
Date: July 9, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: July 15, 1997
Description of item (who, what, where, how much): Staff request the City
Commission to consider approval of final payment of $15,331. 46 to Murray
Logan Construction, Inc. for the Lift Station 50 Piping Modifications (Pro~
95-26). Also included is a "Contractors Past Performance Report" for your
review.
Recommendation: Staff requests the City Commission to consider approval of
final paymennnt to Murray Lo~Cons~ction, ~.
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: ~NO ~ ~ I[~[0~
Funding alternative~--'
.(i~ applicable) ...... ~
Account No. & Description~-~%D~-%n]-~.~O ~~ ~q~4'%~->~]~''~
City Manager Review: ~/ ~ /
Approved for agenda: NO .u-'
Hold Until: .
Agenda Coordinator Review:
Re ceived:
Placed on Agenda:
Action:
App roved/Di s app roved
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Dir Construction Divi~~
Date: July 9, 1997
Re: Final Payment - Lift Station 50 Piping
Modifications - Project 95-26
Attached for Commission approval is an agenda request for final
payment to Murray Logan Construction, Inc. for the above
referenced project. The amount of the final payment is
$15,331.46 per the attached payment application.
Also included is a ~Contractors Past Performance Report" for your
review.
File: Memo to City Manager
9526A
9526memo
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/~/~,i'l
SUBJECT: AGENDA ITEM #-- "~"H' - MEETING OF JULY 15, 1997
SERVICE AUTHORIZATION #6/CH2M HILL
DATE: JULY 11, 1997
This is before the Commission to approve Service Authorization #6
to the Agreement to Furnish Professional Services dated June 1,
1995 between the City and CH2M Hill. This authorization is for
consulting services related to the renewal of the City's Water
Use Permit from the South Florida Water Management District
(SFWMD) .
The proposal includes research and preparation of permit
submittal package, meeting with City staff and SFWMD to negotiate
and formalize system permitting issues and performance of ground-
water modeling as necessary to accommodate SFWMD submittal
requirements.
Professional fees for these services total $15,325. Funding is
available from Water Treatment and Storage-Engineering/
Architectural (Account No. 441-5122-536-31.30) through budget
transfer from Sewage Treatment-Buildings (Account No. 441-5142-
536-62.10).
Recommend approval of Service Authorization #6 to CH2M Hill.
Agenda Item No. ~'~ '
AGENDA REQUEST
Date:
Request to be placed on:
Workshop Agenda When:
XX Regular Agenda
Special Agenda
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization #6 for CH2M Hill in the amount of $15.325.00 for consulting services in conjunction with
the r~/lewal of the City's Water Use Permit fi.om South Florida Water Management District (SFWMD).
Scope of services includes research and preparation of permit submittal package, meeting with City staff
and SFWMD for establishment of ~ystem specific requirements and ~oundwater modeling as necessary, to
accornrao0ate SFWMD requirements. Funding is fi.om Account g441-5122-536-31.30. Water Treatment &
Storage. Engineering/Architectural. (Budget transfer attached).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization #6 for CH2M Hill.
DEPARTMENT HEAD SIGNATURE: ~, ~.~_. _..
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all iternns involving expenditure of funds):
Fundingavailabl ~"~/NO ~q/'O}~')
Funding alternatives (if applicable)
Account No. & Description
Account Balance
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, ESD
SUBJECT: CH2M HILL SERVICE AUTHORIZATION #6 - WTP WATER USE PERMIT RENEWAL
DATE: July 9, 1997
Attached is an agenda request and a copy of Service Authorization #6 for CH2M Hill for provision of consulting
services regarding the renewal of the City's Water Use Permit from the South Florida Water Management
District (SFWMD). The scope of service in this proposal includes research and preparation of permit submittal
package, meeting with City staff and SFWMD to negotiate and formalize system permitting issues and
performance of groundwater modeling as necessary to accommodate SFWMD submittal requirements.
Professional fees for these services total $15,325.00. Funding will be from Account # 441-5122-536-31.30,
Water Treatment & Storage, Engineering/Architectural (Budget transfer attached).
Please place this item on the July 15, agenda for consideration by the City Commission.
RCH:cl
cc: Don Haley
File
THE CONSULTANT
SERVICE AUTHORIZATION 6
DATE: May 5. 1997
PAGE I_OF _5
Service Authorization No. 6 to the Agreement to Furnish
Professional Services Dated June 1, 1995 Between
the CITY of Delray Beach, Florida, and the CONSULTANT, Inc.
CITY P.O. No.: CITY Expense Code:
CITY P.N.:
Title: Water Use Permit Renewal Application
Category of Work: Professional Engineering Services - Study/Permitting
General
This SERVICE AUTHORIZATION shall modify the professional services agreement
referenced above and shall become part of that AGREEMENT as if written there in full.
Changes in the indicated Scope of Services will be subject to renegotiation and implemented
through an Amendment to this agreement. This SERVICE AUTHORIZATION is for the
CONSULTANT (CONSULTANT) to prepare and submit on behalf of the CITY of Delray
Beach (CITY) a Water Use Permit Renewal Application to South Florida Water Management
District (SFWMD).
Introduction
The CITY was last issued a Water Use Permit (WUP No. 5-W) by the SFWMD on April 11,
1991. The permit was then modified on June 9,1994, to include the new wells at Morikami
Park. The permit will ex~ire on December 10, 1997, and therefore requires a renewal appli-
cation to be completed and submitted. The permit is for a daffy average allocation from the
Surficial aquifer of 14.9 million gallons per day (mgd) (annual allocation of 5,449 mg) and a
maximum daffy allocation of 22.39 mgd.
The purpose of this Water. Use Permit Renewal Application is to:
· Renew the permit, which expires December 10, 1997, for an additional 10-year period
· Increase the average daily and maximum daffy allocations, as necessary, to meet future
demands
· Revise the groundwater flow modeling of the Morikami Park wells to reflect the revised
well locations (based on recent well construction).
· Include the Aquifer Storage and Recovery (ASR) well, located at the North Storage
Reservoir.
OFB/12696.DOC
THE CONSULTANT
SERVICE AUTHORIZATION 6
DATE: May 5,
PAGE 2OF
Task 1 - Project Water Demands
The CONSULTANT will utilize existing information to develop estimates of raw water
demands for the 10-year period of the WRJP modification application. The CONSULTANT
will utilize the CITY's latest approved Comprehensive Plan amendment to develop these
estimates. The CONSULTANT will also contact the CITY's Planning Department and Palm
Beach County Planning Department for current population forecast information. The
methods to develop the estimates will be based on those specified in the SFWMD's Basis of
Review (March 1994). The method used by the CONSULTANT will be based on compiling
information from the above reference sources and will not include generation of new
demand forecasts based on detailed analysis of spedfic areas within the CITY's service area.
Task 2 - Preparation of the Water Use Permit Modification Application
The CONSULTANT will prepare a WUP Modification Application for submittal to the
SFWMD. The procedure for completing the application will follow SFWMD rules for regu-
lating the consumptive use of water set forth in Chapters 40E-2 and 40E-20 of the Florida
Administrative Code. Specifically, the application will follow the SFWMD's Basis of Review
(March 1994) which is incorporated by reference into Chapter 40E-2. The application format
will reflect that which is outlined in the Guidance for Preparing an Application for a Water Use
Permit (SFWMD, 1995).
The application will include the completion of SFWMD's form RC-1A and sections I, II, and
IV of form RC-1W, as required for a public water supply use application. Particular items to
be completed for the RC-1W form include:
Section I
· Site Information
· Project location map
· Description of wetlands, if any
· Aerial photos of service area (assumed to be available from county tax maps)
Section II
· Map with locations of the CITY's water supply wells
· Description of water treatment capabilities
· Water use history
· Information on each existing and proposed water supply wells
· Potential impacts due to requested allocations. This includes computer groundwater
modeling utilizing the previous models used by the CITY. ~
Section IV
· Current raw water use (previous 12 months)
· Past raw water use (1987 to 1997)
· Projected water use (1998 to 2007)
Per capita consumption
DFB/12696.DOC
THE CONSULTANT
SERVICE AUTHORIZATION 6
DATE: May 5, 1997
PAGE 3_OF 5
· Map of service area
· List interconnects with other water suppliers
· Information on flowmeters, storage, capacity, fire flow, wellfield operation, sewage
effluent production
Recent raw water quality from raw water entering the water treatment plant
· Water conservation plan (e.g. xeriscape, rate structure, etc.)
· Measures taken to reduce water consumption
Wellfield protection plan
A draft application package will be prepared and submitted to the CITY for review.
Following review by the CITY, comments will be incorporated, and along with a check from
the CITY in the amount of $2,700, will be submitted to SFWMD.
Task 3 - Additional Services
This scope provides the basic services required to complete the WUP application and
submit to SFMWD. Due to the nature of the application process, including potential
requests for additional information from SFWMD, additional work by the CONSULTANT
may be required. This task provides a contingency for addressing issues unknown at this
time and may include:
· Additional or more detailed groundwater modeling
· Detailed population and demand forcasting analyses
· Completion of a new Conservation Plan
· Responding to RFIs from SFWMD
Authorization of this task will be at the discretion of the City Manager, and will be based on
a scope of work and cost estimate provide by the CONSULTANT.
Project Deliverables
1. Draft WUP Modification Application for CITY's review (five copies)
2. Final WUP Modification Application for submittal to SFWMD (four copies) and the
CITY (five copies)
Additional deliverables that may be required under Task 3
3. Draft response to SFWMD's comments on the WUP Modification Application (CITY
five copies)
4. Final response to SFWMD's comments on the WUP Modification Application (SFWMD
- four copies; CITY - five copies)
DFB/12696.DOC
THE CONSULTANT
SERVICE AUTHORIZATION 6
DATE: May 5. 1997
PAGE 4OF _5
Assumptions
· The CONSULTANT will attend two meetings with the CITY to discuss the WUP modi-
fication application. Issues will include water demand analysis and other miscellaneous
items related to the preparation of the application.
· Permit fee of $2,700 will be paid by the CITY.
· The groundwater model used in the previous water use permit modification application
(Geraghty & Miller, 1994) will be used to evaluate effects of increased withdrawal from
the CITY's wellfields. The revised Morikami Park wellfield well locations will be input
into the model with simulated withdrawals at the proposed rates. Additional calibration
of the model is not considered to be necessary.
· The CITY will provide review of the information presented in the draft application, and
provide updated information if necessary.
· CITY will provide the following items for the completion of the application:
- Population projections from the CITY's last approved Comprehensive Plan
Amendment
- Recent raw water use (previous 12 month period), and past use (1988 through 1997)
as required in Items IV-! and IV-2 of SFWMD form RC-1W.
- Information on raw water quality
- Information of the wellfield operations schedule
· Reuse studies prepared for the South-Central Wastewater Treatment Plant should
satisfy SFWMD's requirements for reuse feasibility evaluation.
Compensation to the CONSULTANT
The scope of work described herein for Tasks 1 and 2 will be completed by the
CONSULTANT for a lump sum amount of $15,325. Task 3, in the amount of $10,033, will be
authorized if needed at the discretion of City Manager. Exhibit 1 (attached) gives an esti-
mated breakdown of labor and expenses by task. Invoices will be based on percent of the
project scope completed.
Project Schedule
The CONSULTANT agrees to perform the required services described herein and to deliver
the draft report within 12 weeks from receiving written authorization from the CITY. This is
based on the following schedule:
0FB/12696.0OC
THE CONSULTANT
SERVICE AUTHORIZATION 6
DATE: May 5, 1997
PAGE -5.OF _5
Activity Weeks Since Authorization
Conduct preapplication meeting with SFVVMD and the CITY 2
Complete Draft Application for CITY review 8
CITY review completed 10
Submit Final Application to SFWMD 12
Final completion of the project will depend on the review time by the SFWMD and the
extent of comments, if any.
This service authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as encom-
passed by the previous service authorization. If the CITY in its sole discretion is unsatisfied
with the services provided in the previous phase or service authorization, the CITY may
terminate the contract without incurring any further liability. The CONSULTANT may not
commence work on any service authorization approved by the CITY to be included as part
of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Seal)
Vice President, Area Offic~ Manager
Jay Alperin
Witness
Attest: STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing ins=trument was~cknowledged
before me this ~. day of ~
Approved as to Legal 1997, by Thomas M. McCormiCk, Area Office
Sufficiency and Form Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation. He is
pers~,m~e'qln~~'- t~,~t.~l:~_~take an oath.
Bobbie Willcox ~
~ Notary Public
.-,14~v~o~ BOBBLE J. WILLCOX
State of Florida ~o- ~ ~, couu~s~e~lt~ CC
eOF F~'~' ATLANTIC BONDING CO., INC,
DFB/12696.DOC
City of Oelray Beach
Budget Transfer Form
(1) Departmental Line Transfer (2) Oale 7/9/97
(3} Interfund/lnlerdeparlmental Transfer (d) 8atcl~ Number
(5) Requested By: R. Hasko
~-51~2-536-62.10 S~age Trea~n~ - Bldgs. 15~500.00
~ql-5122-536-31,30 Wa:er TrOt & Slot. - 15~500.00
Engr./Arch.
(10) TOTAL. ~ 15~500.00 15~500.00
JU~CA~ON: Transfer required ~0 fund ~2M Hill
]i~uidate PO 55128~.
~n~ce Olre~or C;~ Manager
(1 1) Budgel Revision Oa~e (I 2) Com~ol Number
(13) Period (14) Coun~
ORIGINAL-BUOG~ CAriARY-FILE PINI(-OEPARTME~
[IT¥ OF DELRR¥ BEI:I[H
Writer's Direct Line: (561) 243-7091
DELRAY BEACH
F L 0 ~ I D A
Ali,America City MEMORANDUM
'IIII: DATE: July8, 1997
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Martha Ritchason v. City of Delray Beach
Marty Ritchason has filed a new lawsuit in Circuit Court. Due to the nature of this case,
our office requests the reappointment of Charles R. Fawsett, Esq. of Shuns & Bowen to
defend the City in this matter. The hourly rate is the same was previously charged.
By copy of this memorandum to David Harden, City Manager, our office requests that
this matter be placed on the July 15, 1996 consent agenda for City Commission
approval.
SAR:jw
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
marty3.sar
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~/~"t
SUBJECT: AGENDA ITEM # ~'3' - MEETING OF JULY 15, 1997
RESOLUTION NO. 53-97:
DATE: JULY 11, 1997
This is a resolution assessing costs for abatement action
required to remove nuisances on 19 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. 53-97 assessing costs for
abating nuisances on 19 properties within the City.
RESOLUTION NO. 53-97
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 S~ALL 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.
W~EREAS, 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 BEACM, 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
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance the and that said is due and within
by
City,
assessment
payable
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. 53-97
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
II - 3 - Res. No. 53-97
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
MONROE SUB, LT 23, DOROTHY J. BUTLER & $ 35.00
BLK 12, PB 14, P 67, PAUL JONES, JR. 70.00 (ADM. COST)
PUBLIC RECORDS, 1117 S.W. 8TH STREET
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(620 NW iST COURT)
MONROE SUB, LT 26, SHEDRICK FASHAW & $ 25.00
BLK 12, PB 14, P 67, SAMMIE TAYLOR 70.00 (ADM. COST)
PUBLIC RECORDS, 221 N. COUNTRY CLUB BLVD.
PALM BEACH COUNTY, FL BOCA RATON, FL 33487
(NW 7TH AVENUE)
PRIESTS ADD TO ATLANTIC VIRGINIA BRYANT $ 35.00
PARK GARDENS, LT 1, 203 SW 14TH AVENUE 70.00 (ADM. COST)
BLK 4, PB 23, P 70, DELRAY BEACH, FL 33444
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(203 SW 14TH AVENUE)
TOWN OF DELRAY, S 67.1 FT JULES A. CADET $ 70.00
OF N 142.1 FT OF W 130.44 128 NE 54TH STREET 70.00 (ADM. COST)
FT OF E 155.44 FT OF MIAMI, FL 33137
E 1/2 OF S 1/2 OF
BLK 4, PB 1, P 3,
PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(14 NW 7TH AVENUE)
SOUTHRIDGE, LT 46, ROSEVELT MOISE & $ 25.00
BLK 1, PB 13, P 38, ANNA MOISE 70.00 (ADM. COST)
PUBLIC RECORDS, 161 STERLING AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(161 STERLING AVENUE)
ATLANTIC GARDENS DELRAY LORENZO & MARY JONES $ 35.00
LT 13, BLK 10, PB 14, 8901 LANGWOOD DR # 101 70.00 (ADM. COST)
P 63, PUBLIC RECORDS, RALEIGH, NC 27613
PALM BEACH COUNTY, FL
(SW 10TH AVENUE)
DELRAY SHORES, LT 24, JEAN & ENANTE DELHOMME $ 35.00
BLK 3, PB 24, P 233, 537 DOLPHIN DRIVE 70.00 (ADM. COST)
PUBLIC RECORDS, DELRAY BEACH, FL 33445
PALM BEACH COUNTY, FL
(537 DOLPHIN DRIVE)
-4- Res. No. 53-97
DELRAY MANOR ADD TO DANIEL MCGILL, JR. $ 35.00
DELRAY, LT 37, PB 12, 518 MT. LUBENTIA CT. E 70.00 (ADM. COST)
P 59, PUBLIC RECORDS, LARGO WOODS DEV.
PALM BEACH COUNTY, FL LARGO, MO 20774-2076
(943 & 945 SW 6TH AVE)
TOWN OF DELRAY, S 75 FT ATUNE ENTERPRISES, INC. $ 61.00
OF W 135.6 FT OF BLK 39, 3477 JUPITER BLVD. 70.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS PALM BAY, FL 32909-4102
PALM BEACH COUNTY, FL
(315 SW 3RD ST)
PRIESTS ADD TO ATLANTIC WILLIE BALAM $ 25.00
PARK GARDENS, LT 24, 150 SW 14TH AVENUE 70.00 (ADM. COST)
BLK 2, PB 23, P 70, DELRAY BEACH, FL 33444
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(148 & 150 SW 14TH AVE)
PRIESTS ADD TO ATLANTIC KEVIN BALLARD & $ 25.00
PARK GARDENS, LT 22, HENRY HANKERSON 70.00 (ADM. COST)
BLK 2, PB 23, P 70, 142 SW 14TH AVENUE
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(140 & 142 SW 14TH AVE)
ODMANNS SUB, LT 19, MILDRED BURROUGHS $ 125.00
BLK 1, PB 4, P 53, 243 BILBOA STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM ROYAL PALM BEACH, FL
BEACH COUNTY, FL 33411-1312
(NW 13TH AVENUE)
DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 51.00
SEC. 2, LT 7, BLK 8, LILLIAN S. GERWECK 70.00 (ADM. COST)
PB 27, P 14, PUBLIC 1308 SW 22ND AVENUE
RECORDS, PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(1308 SW 22ND AVENUE)
TOURIST NOOK DELRAY HENRY HANKERSON $ 25.00
LT 10, BLK A, PB 11, 142 SW 14TH AVENUE 70.00 (ADM. COST)
P 47, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(NW 10TH AVENUE)
WEST SIDE HEIGHTS HATTIE L. HARDWICK ESTATE $ 61.00
DELRAY, LT 4, BLK C, c/o G. QUAIL 70.00 (ADM. COST)
PB 13, P 61, PUBLIC P.O. BOX 7043 FDR STATION
RECORDS, PALM BEACH NEW YORK, NY 10150-1908
COUNTY, FL
(37 NW 10TH AVENUE)
-5- Res. No. 53-97
TOWN OF DELRAY, HOUSE OF GOD DELRAY BEACH $ 51.00
N 190.56 FT OF E 135 FT c/o DEACON J. T. FIELDS 70.00 (ADM. COST)
OF BLK 24, PB 1, P 3, 329 SW 6TH AVENUE
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(SW 5TH AVENUE)
TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 51.00
OF S 356.4 FT OF E 135 336 SW 5TH AVENUE 70.00 (ADM. COST)
FT OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33444
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(322 SW 5TH AVENUE)
ATLANTIC PARK GARDENS LENNARD JOSEY & $ 25.00
DELRAY, LT 19, BLK 4, MEARLENE JOSEY 70.00 (ADM. COST)
PB 14, P 56, PUBLIC 505 SUNSET ROAD
RECORDS, PALM BEACH BOYNTON BEACH, FL 33435
COUNTY, FL
(226 & 228 SW 12TH AVE)
TOURIST NOOK DELRAY, ESTATE OF ORA WALLACE $ 75.00
LT 6, BLK A, PB 11, c/o ELOISE HUNTER 70.00 (ADM. COST)
P 47, PUBLIC RECORDS, 121 NW llTH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(239 NW 10TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS;
DECLARED NUISANCE.
- 6 - Res. No. 53-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ l
SUBJECT: AGENDA ITEM # ~.~' - MEETING OF JULY 15, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 11, 1997
Attached is the Report of Appealable Land Use Items for the
period June 30 through July 11, 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
THRH: R
DEPARTMENT OF PLANNINGt/~ND ZONING
FROM: / JASMIN ALl_fiN, PLA~NI=R
SUBJECT: MEETING OF JULY 15, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
JUNE 30, 1997 THRU JULY 11, 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 June 30,
1997 through July 11, 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 July 15, 1997
Page 2
No Regular Meeting of the Board was held during this period.
A. Approved with conditions on a 5 to 0 vote (Sittler absent), the
landscape plan associated with the proposed expansion of the
Camino Real Hotel, located at the northwest corner of North
Ocean Boulevard and Atlantic Avenue.
B. Approved (3 to 2, Carter and Smith dissenting), a request to install
a carport canopy for Five Star Productions, located within the
building at the southeast corner of the Congress Park South site.
C. Approved (5 to 0), a request for a color change for Huber Drugs
located at the northwest corner of East Atlantic Avenue and N.E.
4th Avenue.
D. Approved (4 to 0, Sheremeta stepped down), a request to
reconsider previous conditions of approval associated with
landscape modifications at The Plaza at Delray (Delray Mall),
located at the northwest corner of Linton Boulevard and Federal
Highway. The Board also approved the business sign for Rack
Room Shoes as a part of the master sign program for the shopping
center.
No Regular Meeting of the Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR
CITY COMMISSION MEETING
OF JULY 15, 1997
L-50 CANAL
!
~O LAKE IDA ROAD
N.W. 2ND
· ! !
n AVENU S.W. 2Nn
!
LOWSON BOULEVARD
LIN TON BOULEVARD
i BOULEVARD
I
! i
I
L-58 CANAL C-15 CANAL
c,. L,~rrs ........... S.P.R.A.B.:
A. - CAMINO RE. AL
B. - FIVE STAR PRODUCTION
i MILE
I C. -- HUBER DRUGS
I
D. - THE PLAZA AT DELRAY
CITY OF DELRAY Br~ACH, F'L
PLANNING DEPARTMENT
-- D/¢1/',4/. 8AS'E /,/,4P $YS/'£/,¢ --
MEMOR_~NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~' L' - MEETING OF JULY 15, 1997
AWARD OF BIDS AND CONTRACTS
DATE: JULY 11, 1997
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid award through the Community Development Block Grant
Program to Edward Kaplan for a housing rehabilitation
project at 320 N.W. 3rd Avenue, in the amount of $13,623.75
from 118-1963-554-49.19.
2. Bid award to Henry Haywood for rehabilitation of two single
family housing units owned by the City under the HOPE 3
program; $22,501 for 521 S.W. 10th Street, and $19,914.30
for 239 N.E. 9th Street, from 118-1922-554-49.19 and
118-1924-554-49.19.
3. Purchase award in the amount of $18,592 to Gateway 2000 via
Florida State Contract #250-040-96-1 for eight (8) Gateway
computers for the City Clerk's office, with funding from
001-1411-513-64.11.
AGENDA REQUEST
Request to be placed on: Date: July 9, 1997
Regular Agenda
Special Agenda
~ Workshop Agenda
xxxx Consent Agenda When: July 15, 1997
Description of item (who, what, where, how much):
Case# Address Contractor Grant Amount
95-003HR 320 NW 3rd Ave. Edward Kaplan $13,623.75
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of Community Development Block Grant__
Program Housing Rehabilitation Grant Award and Contract Award(s) from Account
# 118-1963-554-49.19 grant amount includes contingency.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55).
Department Head Signature2/~~_ ~..__
- A R ~2"~'' ~f~
t;ity ttorney eview/Recommendation [ifapp ica e):.
Budget Director Review (required on all items involving expenditure of funds): Funding Availabl~
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
white~coagenda, doe
MEMORANDUM
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator
THRU: Lula Butler, Community Improvement Director/~,
DATE: July 9, 1997
SUBJECT: Community Development Block Grant Program Activities Housing
Rehabilitation Grant Awards
ITEM BEFORE THE COMMISSION
This is to request approval for one Housing Rehabilitation Grant Award. This request is
in accordance with the City's Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation as determined by the low
bidders plus a 5% contingency. The contingency may be used for change orders and all
unused funds remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building
Inspection and Community Development Division. Contracts are executed between the
building contractor and the property owner. The City remains the agent and this office
monitors all work performed by the contractor ensuring compliance according to
specifications and program guidelines. Pay request forms require both contractor and
homeowner's signatures. Grant recipients have met all eligibility requirements as specified
in the approved Policies and Procedures.
The rehabilitation activity will bring the homes to minimum code requirements by repairing
roofs, electric and plumbing systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are available for review at the
Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your reference.
RECOMMENDATION
Staff recommends awarding the bids for one Housing Rehabilitation project to the verified
low bidders and authorizes the award of the Community Development Block Grant funds
for the following:
Case # Address Grant Amount
95-003 HR 320 NW 3rd Avenue $13,623.75
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Joseph S~nance Director
FROM: Jacklyn Rooney, Purchasing Supervisor ~
DATE: July 09, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 15, 1997 - BID AWARD - BID #97-34
MOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make award to low bidder, Edward
Kaplan, at a cost of $13,623.75, which includes contingency.
Background:
The Community Development Division handles and processes their formal bids
on housing rehabilitation projects, with funding from their housing
rehabilitation budget.
Property: Contractor: Amount:
320 N.W. 3rd Avenue Edward Kaplan $13,623.75
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low
bidder as outlined above from account 118-1963-554.49.19.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 97-34HR
APPLICANT: Thaddeus and Lula Hayes
APPLICATION #: 95-003HR
PROJECT ADDRESS: 320 NW 3rd Avenue
DATE OF BID LETTERS: June 23, 1997
DATE OF BID OPENING: July 2, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
ALPHA SOUTH CONSTRUCTION $ 15,010
CRAFTSMAN PLUS, INC. $ 16,650
DAKOTA CONSTRUCTION INC. $
A. F. DOZER, INC. $
FIRST CHOICE CONTRACTORS $ 18,183
RAY GRAEVE $
H.M.P. BUILDERS, INC. $
HENRY HAYWOOD $
INTERCONTINENTAL CONST. CORP. $
EDWARD J. KAPLAN $ 12,975
TOMMY PRESTON $
SOUTH FLORIDA CONSTRUCTION $ 16,695
IN-HOUSE-ESTIMATE: $ 15,390
CONTRACTOR AWARDED CONTRACT: Edward Kaplan
BID/CONTACT AMOUNT: $12,975.00
COMMENTS:
AGENDA REQUEST
Request to be placed on: Date: July 9, 1997
Regular Agenda
Special Agenda
Workshop Agenda
XXX Consent Agenda When: July 15, 1997
Description of Item (who, what, where, how much): Requesting approval to award contracts for
rehabilitation of Ciw HOPE 3 units located at 521 SW 10th Street for $22,501.50 and 239 NE
9th Street for $19,914.30.
(Example: Request from Atlantic High School for $2,000 to fund project graduation).
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of the HOPE 3 Housing Rehabilitation and contract
award from Account No. 118-1922-5545-49.19 and Account No. 118-1924-554-49.19. Grant
Amounts include contingencies.
(Example: Recommend approval with funding from Special Events Account No. 001-3333-555-
44.55).
Depamnent Head Signature: ~ ~~._...,-.~ ? t(-~,J"7
City Attorney Review/Recommendation (if applicable):
Budget director Review (required on all ite~expenditure of funds): Funding availa~..~~
Funding alternatives:. - (if applicable)
Account no. and description:
Account balance:
City Manager Review:
^pp ov ora n : 0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on agenda:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director y-
FROM: Michael Simon, Interim Community Development Coordinator
DATE: July 9, 1997
SUBJECT: Commission Agenda Request/HOPE 3 Rehabilitation
ITEMS BEFORE THE COMMISSION
This is to request approval to award a contract for the rehabilitation of two single family housing
units owned by the City of Delray Beach under the HOPE 3 home ownership program. The units
are located at: 521 SW 10th Street and 239 NE 9th Street.
BACKGROUND
Commission approved acquisition of these properties on October 15, 1996 and June 4, 1996
according to City policy and federal regulations governing the HOPE 3 program. These units were
purchased with the intent to rehabilitate them for resale to qualified low/moderate income
homebuyers. The resale price of the units will be based on the appraised value of the units after
rehabilitation.
The grant awards are based on the actual cost of the rehabilitation as determined by the low bidder
plus a 5% contingency. The contingency may be used for change orders and all unused funds
remain with the HOPE 3 Rehabilitation Program.
The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs,
electric and plumbing systems and correcting other incipient code violations. Detailed work write-
ups and individual case files are available for review at the Community Development Division
Office.
The Contract Award and Bid Summary sheets are attached for your reference.
RECOMMENDATIONS
Staff recommends approval to award the contract bids as follows:
Address Contractor Bid Amount
521 SW 10th Street Henry Haywood $ 22,501.50
239 NE 9th Street Henry Haywood $19,914.30
MEMORANDUM
TO: David T. Harden, ~ity Manager
THROUGH: Joseph S~inance Director
FROM: Jacklyn Rooney, Purchasing Supervisor ~
U
DATE: July 09, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JULY 15 - BID AWARD - BID %97-34
HOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make award to low bidder, Henry
Haywood, for properties listed below at a cost of $42,415.80 which includes
contingency.
Background:
The Community Development Division handles and processes their formal bids
on housing rehabilitation projects, with funding from their housing
rehabilitation budget.
Property: Contractor: Amount:
521 S.W. 10th Street Henry Haywood $22,501.50
239 N.E. 9th Street Henry Haywood $19,914.30
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low
bidder as outlined above from account's 118-1922-5545-49.19 and
118-1924-554-49.19.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET FOR HOPE HI
BID #: 97-34HR
APPLICANT: City of Delray Beach
APPLICATION #: 97-301HO
PROJECT ADDRESS: 521 SW 10th Street
DATE OF BID LETTERS: June 23, 1997
DATE OF BID OPENING: July 2, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ADISSET CORPORATION $
A. F. DOZER, INC. $
ALPHA SOUTH CONSTRUCTION $ 29~130
CRAFTSMAN PLUS, INC. $ 28,975
DAKOTA CONSTRUCTION INC. $
EDWARD J. KAPLAN $ 23~961
FIRST CHOICE CONTRACTORS $ 27~237
HENRY HAYWOOD $ 21~430
H.M.P. BUILDERS, INC. $ 30~589
INTERCONTINENTAL CONSTRUCTION CORP. $
RAY GREAVE $
SOUTH FLORIDA CONSTRUCTION $ 28~720
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ 24,940
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTACT AMOUNT: $21,430.00
COMMENTS:
white~bidinfo, doc
CITY OF DELRAY BEACH COMMUNI~ DEVELOPMENT DIVISION
BID INFORMATION SHEET FOR HOPE III
BID #: 97-34HR
APPLICANT: City of Delray Beach
APPLICATION #: 97-302HO
PROJECT ADDRESS: 239 NE 9th Street
DATE OF BID LETTERS: June 23, 1997
DATE OF BID OPENING: July 2, 1997
NAME OF CONTRACTORS AMOUNT OF BIDS
ABISSET CORPORATION $
A. F. DOZER, INC. $
ALPHA SOUTH CONSTRUCTION $ 26,390
CRAFTSMAN PLUS, INC. $ 22~85
DAKOTA CONSTRUCTION INC. $
EDWARD J. KAPLAN $ 20,480
FIRST CHOICE CONTRACTORS $ 27,000
HENRY HAYWOOD $ 18~966
H.M.P. BUILDERS, INC. $ 25~93
INTERCONTINENTAL CONSTRUCTION CORP. $
RAY GREAVE $
SOUTH FLORIDA CONSTRUCTION $ 24~310
TOMMY PRESTON $
IN-HOUSE-ESTIMATE: $ 20,890
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTACT AMOUNT: $18,966.00
COMMENTS:
white\bidinfo.doc
.1. 239 NE 9th Street
2. 521 SW lOth Street
· ri; ...... ~ '~-""~t,
AGENDA REQUEST
Date: July 10. 1997
Request to be placed on:,
C~onse~t
XX ~~-r Agenda Special Agenda Workshop Agenda
When: July 15, 1997
Description of agenda item (who, what, where, how much): Purchase Award-
Ei_~ht (8) Gateway Computers from Gateway 2000 via Florida State Contract #250-040-96-1
at a total cost o'f $18.592.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Purchase award of eight (8) computers from Gateway 2000
via Florida State Contract at a total cost of $18,592. Funding from account
nnr'l ~ NQt-IA] 1-51 q-6A. I 1
.Department Head Signature:~~//./~¢~ ,...., ~~ "7/,~i ~ ' '
etermination of Consistency w~t~/~omprehensive-NPlan:
D
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds ):
Funding available: GES> NO
Funding alternativesF--' (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda.: ~ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Memorandum
To: David T. Harden, City Manager
From: Richard Zuccaro, Information Systems Manager
Date: July 10, 1997
Subject: Documentation for City Commission Meeting 7/15/97
Approve Pumhase of Eight (8) Microcomputers for the City Clerk's Office
Action
Requesting approval to purchase eight Gateway Computers to replace existing, obsolete, Dell
and IBM 386 computers in the City Clerk's Office at a cost of $2,324 each for a total of $18,592.
State Contract # 250-040-96-1. Funding to come from account 001-1411-513-64-11 with
$18,600 approved in the Fiscal 96-97 Budget.
Backqround
The City Clerk's Office is currently running stand-alone PC's using the older Dell and IBM 386
computers with DisplayWrite, an obsolete (no longer marketed or supported) IBM text processor
as their primary application. They currently do not have the capability to access State Statutes
on a centralized CD ROM, or to share documents with any other departments or utilize SEFLIN
(Southeast Florida Library Information Network).
Recommendation
MIS recommends the purchase of eight (8) Gateway Pentium 200mhz computers (configuration
attached). The new computers will be attached to the MIS LAN running Win/95 with Office 97
(latest version of MS Office Professional) which includes MS Word, Excel (spread sheet) and
Access Data Base Manager. With the City Clerk's Office on the MIS LAN they will be able to
access SEFLIN via the internet, interact with the city-wide network, have expanded capabilities,
better performance, improved productivity and backup/recovery protection.
cc: Joseph Safford, Director of Finance
E3000-1200 http://www.gw2k.com/cgi-bin/maquote.pl
1-800-779-2000
Sales Rep: Brad Anderson x 55352
Fax #: (605) 232-2715
Contract #: 250-040-96-1
GW Quote #: FLORIDA0710.610
Date/Time: 07/10/97 13:45 EST
E3000-1200
Processor: Intel 200MHz Pentium processor
Memory: 32MB SDRAM expandable to 256MB
Cache: Integrated 512K Pipeline Burst SRAM Cache
Monitor: CrystaiScan 700 color monitor (15.9" viewable area)
Graphics Accelerator: ATI 4MB SGRAM graphics accelerator added: US$130
Hard Drive: 3.2GB Ultra ATA hard drive added: US$60
Floppy Drive: 3.5" 1.44MB diskette drive
CD-ROM: 12X CD-ROM drive
Case: E Series Mid-Tower case added: US$35
Keyboard: 104+ Keyboard
Mouse: MS IntemMouse mouse & Gateway mouse pad
Operating System: Microsoft Windows 95
Application Software: MS Office 97, Small Business Edition, on CD
Service Program: Gateway Gold Service and Support
Base Price: US $1995 _
Configured Price: U~2T~0 .~ ~, 3~ ~ ~x, x-o~,~ ~,.-¢ ~a~,3
Prices are FOB Destination
Prices and specifications are subject to change without notice or obligation.
1 of 1 7/10/97 2:50 PM
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~?~
SUBJECT: AGENDA ITEM # ~.~u REGULAR MEETING OF JULY 15, 1997
DELRAY EAGLES FUNDING REQUEST
DATE: JULY 11, 1997
We have received a request from the Delray Eagles basketball team
for funding support to help the team attend and participate in a
national competition in Orlando from August 1-10, 1997.
The Eagles basketball team is for girls 10 years of age and under
and plays under the auspices of the Amateur Athletic Union (AAU).
The event in Orlando is the National AAU Tournament. The team is
coached by Lisa Johnson who also coaches at Atlantic High School
and at Pompey Park. Comments from the Director of Parks and
Recreation are attached.
The cost of the trip is estimated at $6,250.00. The expenses are
outlined in Ms. Johnson's attached letter. She is asking that
the Commission consider funding to cover the team's hotel
accommodations estimated at $2,914.00.
A summary of fairly recent comparable requests is provided on the
following page along with the action taken by the City
Commission on each. Considering the size of the group, fully
funding this request would far exceed what we have done for other
groups. Funding in the range of $500 to $1,000 would be more
appropriate.
If the Commission wishes to fund all or a portion of the request,
funding is available from City Manager's Contingency (Account
#001-6111-519-99.03).
ref:agmemo8
Atlantic Hiqh School Varsity Cheerleaders:
On December 12, 1995, the Commission approved a grant
of $500 for the Atlantic High School Varsity Cheerleaders to help
cover the cost of attending a national competition in Dallas,
Texas, subject to the balance of $9,500 being raised from other
sources.
Keith Straqhn Travelinq All Stars (baseball team/:
On June 20, 1995, the Commission approved a
contribution of $1,500 to assist the Keith Straghn Traveling All
Stars (baseball team) in covering the cost of attending a
tournament in Orlando. The estimated cost was $5,165.00 and the
team had raised $2,325 on its own at that point. However, the
Commission emphasized that this would be a one-time contribution
based upon extenuating circumstances in this particular case and
did not set a precedent for other requests which might come in
the future.
On July 16, 1996, the Keith Straghn Traveling All Stars
again requested funding support to send Little League baseball
players to Orlando for a tournament. The cost was estimated at
$12,663. The Commission approved funding in the amount of
$300.00 (the amount remaining in contingency), with the
understanding that if this organization expected to be requesting
annual funding from the City, then they would need to submit a
funding request for consideration in the next year's budget.
South Florida Dynamics, Inc. (baton twirlers):
On July 9, 1996, requested a $1,000.00 contribution to
support their participation in a competition to be held at the
University of Notre Dame in South Bend, Indiana. The Commission
approved a $1,000.00 contribution. Previously, the Commission
had approved a $1,000 contribution to this group in May, 1994.
Atlantic Hiqh School Eaqle-ettes:
On December 17, 1996, the Eagle-ettes requested funding
support in the amount of $10,000.00 to attend a national
competition in Los Angeles, California. Estimated cost was
$35,000. The Eagle-ettes had raised $10,000 and expected to be
able to raise $5,000 more. The Commission voted to match any
contribution made by the City of Boynton Beach up to a maximum of
$3,ooo.oo.
Atlantic Hiqh School SDeech and Debate Team:
On March 18, 1997, the AHS Speech and Debate Team
requested financial assistance to help cover the costs which had
been incurred at a February competition in Boston. The request
was for $1,200, or $100 for each of the 12 students who had
participated. The Commission approved a contribution in the
amount of $600, or $50 per student.
Delray Eagles
Lisa I~. Johnson
Head Coach
35 Crossings Circle Apt. D
Boynton Beach, FL 33435
Telephone (561) 735-7152
Fax (561) 243-1532
Dear Delray Beach City Commission:
We are the Delray Eagles. We are a non-profit, ten years old and under girls basketball
team and we play under the representation of the Amateur Athletic Union(AAU), the
Florida Gold Coast Association.
There are ten girls on this team who have the opportunity to attend and participate in the
National AAU Tournament. This tournament will be held in Orlando, FL at the Walt
Disney World Sports Complex.. Dates of this tournament are August 1- August 10, 1997.
The total cost of our trip is estimated at $6,250.00. The total includes:
entry fee- $ 600.00
hotel accommodations- $2,914.00
travel expenses- $1,200.00
laundry expenses- $ 36.00.
We are asking you to please cover our hotel accommodations for the ten days of the trip.
We feel this expense is most important because without accommodations we would not be
able to make this trip.
Our entry fee has already been raised through various fundraisers that we have had. We
also feel confident that we will be able to continue raising money enough to cover travel
expenses plus .... If we are not able to raise that which is in excess of travel expenses, we
expect the parents to pay a $150.00 fee to cover eating expenses for their child.
As head coach of this team, I am very proud. These girls have been working very hard
since April 1997 in order to be able to experience a National Tournament. With the help
of the Delray Beach City Commission this experience can be a dream come true.
In whatever way you can help us, with whatever amount, we would greatly appreciate it.
Thank you for giving us the opportunity to ask.
MEMO
CITY MANAGER'S OFFICE
To: Joe Weldon Date: 7-8-97
Director of Parks and Recreation
Please review the attached letter and advise
if you are aware of this organization or
know anything about them. Any information
you can provide would be appreciated. I need
this information to make a determination about
placing this item on the 7/15 City Commission
agenda.
Thanks
1993
DELRAY BEACH ....
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmedcaCity
1993
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Delray Eagles
DATE: July 10, 1997
Per your request, I have found out the following information concerning
the Delray Eagles basketball team. As stated, they play under the
Amateur Athletic Union and are a girls' basketball team for girls 10
years of age and under. The team is coached by Lisa Johnson who is also
the girls' basketball team coach at Atlantic High School. According to
staff at Pompey Park, she has also coached basketball teams at Pompey and
will do so again this year, and has done a very good job. I called Mrs.
Johnson and she is very enthusiastic about the program as it fills a void
during summer months.
Weldon
D~rd~ctor of Parks and Recreation
Attachment
cc: Alison MacGregor Harty, City Clerk
JW:cp
Ref:dreagles
THE EFFORT ALWAYS MATTERS
{~ Prlnted on Recycled Paper
SENT BY:SIMON & 5CMMIDT ; 7- g-97 G:28PM ; 4072650286a +40724G7166;~ 2
SIMON AND SCHMIDT
P. O. BOX ~0~0 ' .
~VID W. ~HMI~ ~) BI ~37 -~
July 9, i997
Mr. David Narden
City Mana~r
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
This mornir~3 at th~ Delray Merchants Association meeting, Lisa
Johnson made a request for funds to that organization. MS.
Johnson coaches the local girls i0 and under AAU basketball team,
which has been invited to play in the national championshl~
competition in Orlando at the end of this month. The team is
try~r~3 to raise funds to travel to Orlando and participate in the
After the meeting, Ms. Johnson advised m~ that she had c~ntacted
Lula Butler about bein~ placed on the next City Ctmm~ssi~n agenda
to request some f~nding fr~ the City. Ms. Johnson was concerned
that the request might not be processed because Lula is
apparently c~ vacation this week.
I tqld Ms. Johnson that I would request that this item be placed
on the July 15 agenda for consideration. This seems like a
~rthwhile cause for the Co~mission to consider.
Should y~u have any questions, please contact me.
Sincerely yc~rs,
David W. Schmidt
Community
Redevelopment
Agency
Delray Beach
July 11, 1997
Mayor Jay Alperin
Board of Commissioners
City of Delray Beach
100 NW 1 st Ave.
Delray Beach, FL 33444
Dear Mayor Alperin and Commissioners:
At the request of the Delray Beach Community Redevelopment Agency Board of
Commissioners, I am writing you to endorse the good work and leadership of the Delray
Beach Eagles. We, too, are proud of their growth and success and wish them luck as they
travel to Orlando for the National Tournament.
We hope that you consider their request for assistance when they come before you on
Tuesday, July 15th.
Christopher J. Brown
Executive Director
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~' ~' - MEETING OF JULY 15, 1997
SUPPORT FOR COMMUNITY REDEVELOPMENT AGENCY GRANT APPLI-
CATION TO BEAUTIFUL PALM BEACHES, INC./WEST ATLANTIC
AVENUE
DATE: JULY 11, 1997
This is before the Commission to consider approval of a request
from the CRA for the City to submit letters to Beautiful Palm
Beaches (BPB) in support of the application for beautification
funding for West Atlantic Avenue; to endorse the project and
provide assurances that the City will be responsible for
maintenance; and to sign the grant contract as required by BPB if
the grant is approved.
Recommend authorizing the City Manager to sign both letters to
Beautiful Palm Beaches, Inc. confirming the City's continued
support of the Community Redevelopment Agency in its request for
beautification funding for West Atlantic Avenue, committing the
City to maintain the project if the grant is approved, and
authorizing the City Manager to sign the grant agreement if the
grant is approved.
MEMORANDUM
DATE: July 11, 1997
TO: David T. Harden, City Manager
City of Delray Beach
FROM: Shelley Treadwell, Economic Development Manager
Delray Beach Community Redevelopment Agency
RE: Request for items related to application to Beautiful Palm Beaches, Inc.
The Delray Beach Community Redevelopment Agency will be submitting an application to
Beautiful Palm Beaches, Inc. ("BPB") for funding of beautification activities for West
Atlantic Avenue on August 1, 1997. Specifically the application requests funding of trees
and irrigation for West Atlantic Avenue Blocks the 400 block through the 600 block
(NW/SW 4th Avenue to NW/SW 6th Avenue). CRA staff has met with the Fire
Department, DSMG and City Staff to make them aware of the proposed project concept and
have incorporated their recommendations into the plan wherever possible. It is anticipated
that the CRA will request up to $45,000 from Beautiful Palm Beaches, Inc. which comprises
50% of the total cost of the project (not to exceed $90,000). The CRA will be providing
their match out of its budget (Approved by the CRA Board on 7110).
The City of Delray Beach has successfully applied to Beautiful Palm Beaches on several
occasions for funding of projects such as the Atlantic Avenue Gateway Parks and West
Atlantic Avenue (between the CSX Railroad and Military Trail) Projects. The City is not
applying for any BPB funding this year.
The CRA is asking the City of Delray Beach to submit a letter endorsing the project, and
another providing assurances that the City will provide the maintenance for the project
plantings as they did with respect to the CRA's recent application for ISTEA funding (ranked
#3 in the County and very likely to be funded). In addition, if awarded, Beautiful Palm
Beaches will require that the Grant Contract be signed by a local government; specifically
the City of Delray Beach. The CRA is asking the Board of Commissioners to approve
signing the grant agreement, should the application be successful. As stated previously,
the CRA will be providing the match for this grant and will supervise the grant's
administration. The City is only being asked to endorse the project, maintain the
improvements and sign the grant agreement, if approved.
We appreciate any assistance you can provide with this request.
Attachments
July 25, 1997
Malissa Both, Executive Director
Beautiful Palm Beaches, Inc.
1920 Palm Beach Lakes Blvd., Ste. 210
West Palm Beach, Florida 33409
Dear Ms. Booth:
On behalf of the City of Delray Beach, I am writing to extend our support for the Delray
Beach Community Redevelopment Agency's ("CRA") application for funding through
Beautiful Palm Beaches, Inc. The CRA has been an important partner in the
redevelopment of East Atlantic Avenue and will carry that success over to the
redevelopment and beautification of the West Atlantic Comdor, an important state roadway.
The CRA's application for trees and irrigation will enhance the identified blocks and create
an improved visual impact for both visitors and residents alike. West Atlantic Avenue is the
true "Gateway" to our community and beautification will be a catalyst for our redevelopment
efforts.
Again, please know that we are supportive of the CRA's efforts to achieve outside funding
for this project and have already commited to its maintenance.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
July 25, 1997
Malissa Both, Executive Director
Beautiful Palm Beaches, Inc.
1920 Palm Beach Lakes Blvd., Ste. 210
West Palm Beach, Florida 33409
Dear Ms. Booth:
The purpose of this letter is to certify that the City of Deiray Beach will provide the
maintenance of the Beautiful Palm Beaches project submitted by the Delray Beach
Community Redevelopment Agency. This project provides for the enhancement of the
project area on West Atlantic with tree beautification and irrigation improvements.
The City has agreed to maintain the plantings in perpetuity.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~J'.~
SUBJECT: AGENDA ITEM # ~. '- REGULAR MEETING OF JULY 15, 1997
FY 1997/98 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE
RATE
DATE: JULY 11, 1997
Staff will make a presentation concerning the proposed millage
rate at the July 15th meeting.
ref:agmemo9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERial//
SUBJECT: AGENDA ITEM #~'~- REGULAR MEETING OF JULY 15, 1997
CONTRACT ADDITION (C.O. #1)/MOLLOY BROTHERS, INC.
DATE: JULY 11, 1997
This is before the Commission to consider approval of a contract
addition (C.O. #1) in the amount of $49,982.50 to our contract
with Molloy Brothers, Inc. for the S.E. 4th Avenue roadway
improvements project. The additional work includes the
construction of Frederick Boulevard from LaMat Avenue south
approximately 500 feet.
Development is occurring along this segment of Frederick
Boulevard which makes the roadway improvements necessary at this
time. The scope includes maintenance of traffic, clearing,
grading, paving, concrete modifications at LaMat Avenue, sodding
and striping/signing. Three quotes were solicited and received,
with Molloy Brothers being the lowest responsive quote.
Recommend approval of the contract addition (C.O. #1) to Molloy
Brothers, Inc., with funding from the General Construction Fund -
Streets (Account #334-3162-541-63.10), with a budget transfer
from Developer Contribution (Account #334-0000-366-51.00) in the
amount of $3,929.03.
ref:agmemo7
Agenda Item No.: ~.b
AGENDA REQUEST
Date: July 10, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: July 15, 1997
Description of item (who, what, where, how much): Staff requests City
Commission to approve add Contract Addition (C.O. #1) to Molloy Brothers, Inc.
for the SE 4th Ave Roadway Improvements - (96-12). C. O. #1 is for
constructing Frederick Roadway. Improvements {97-17) from La Mat Avenue 500 if
south. The amount is $49,982.50.
The scope of work includes Maintenance of Traffic, Clearing, Grading, Paving,
Concrete modifications at La Mat, Sodding and Striping/Signing.
Funding Source is 334-3162-541-63.10 (Streets); with a budget transfer from the
escrow account for Ocean Isles at Del Raton for $3,929.03.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends appr,9~al of t~he Contract Addition (C.O. #1) to
M olloy Brothers, Inc. ~ / ~ /~/ ~~
Depar tment Head Signature: ~~ ~,._. ~--~ 7~ O/~ ~
Determination of Consistency with C6mprehensive Plan
City Attorney Review/Reconm%endation (if applicable):
Budget Director Review (r~red on all items involving expenditure of funds): Funding available: YES. NO ~ ']P%I~
Funding alternatives
.. (if applicable) . ~,..~ ~m~..~
Account No. & Description~q-~'~-~ql4~iO~ ~ ~~
Account Balance ~Zfq.~9 ~. b~ ~~ a~~
City~nager Review:
Approved for agenda: ~NOHold Until: ~?~'% ~
Agenda Coor~nator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9612.doc
To: David T. Harden, City Manager
Aln~
From: Howard Wight, Dep Dir Construction Divi~~
Date: July 9, 1997
Re: S.E. 4th Avenue Roadway Improvements - Project
96-12
Frederick Blvd Roadway Improvements
Attached for Commission approval is an agenda request for a
Contract Addition (C.O. #1) to Molloy Brothers, Inc. on the above
referenced Project. The Contract Addition is for constructing
Frederick Blvd Roadway Improvements (97-17). Several properties
along this roadway are being developed necessitating the
improvements at this time. The amount is $49,982.50.
The work includes construction of Frederick Blvd. from La Mat Ave
south approx 500' (see attached map). Frederick Blvd is
currently an unimproved shellrock roadway. The scope includes
Maintenance of Traffic, Clearing, Grading, Paving, Concrete
modifications at La Mat, Sodding and Striping/Signing.
Three prices were solicited and received for this work. A bid
tab attached reflects the three prices from Molloy Brothers, Inc.
($49,982.50); Chaz Equipment ($63,402.50); and Ric-Man
International ($199,555.00). The Engineers's estimate for the
work is $51,895.00.
Funding Source is 334-3162-541-63.10 (Streets); with a budget
transfer from the Ocean Isles at Del Raton escrow account in the
amout of $3,929.03.
File: Memo to City Manager
9612A
:memo
MEMORANDUM
TO: Charlotte Manning
Accounting Clerk
FROM: C. Danvers Beatty,
City Engineer
DATE: March 11, 1997
SUBJECT: Escrow for Construction of Fredrick Blvd.
Ocean Isles at Del Raton
Attached is a check in the amount of $3,929.03 for construction of a portion of Fredrick
Blvd. adjacem to the subject project. Please place these funds in an escrow account to be
used by the City for the construction of Fredrick Blvd.
DB:mm
File: TAC'~
s:/engine/tac/ocenisl/escrow.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM # ~'~ ' - MEETING OF JULY 15, 1997
REJECTION OF BIDS/WOODS OF SOUTHRIDGE ROADWAY
CONSTRUCTION
DATE: JULY 11, 1997
This is before the Commission to consider rejecting all bids
received for the Woods of Southridge roadway construction.
The low bid of $279,710 was well above estimates for the project.
Based on the review of bids, staff feels that some design modifi-
cations to the pavement section can be made to substantially
reduce the cost of the work. The new design would also allow
work to progress in a shorter period of time and result in less
inconvenience to the existing homeowners in this neighborhood.
Recommend rejection of all bids, and rebidding the project at a
later date with revised bid specifications.
Agenda Item No. ~.
AGENDA REQUEST
Date: July 10, 1997
Request to be placed on:
X Regular Agenda
Special Agenda
- Workshop Agenda When: July 15, 1997
Description of item (who, what, where, how much): Staff request City
Commission to reject all bids received on May 22, 1997 for The Woods of
Southridge Project {97-32). Staff recommends redesign of pavement section and
rebidding the project at a later date.
ORDINANCE/RESOLUTION REQUIRED: YEs/No DRAFT ATTACHED YES/~
Recommendation: Staff reques/~s Cit~Commiss~o~ reject all bids for the above
referenced proSect.
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
Approved for agenda: NO t
Hold Until: ~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
JUl ! 0 199t
~,; i'V ~i~?i "ii .... II III
City Of Delray Beach. Department of Environmental Services
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard Hasko, P.E., Acting Director of Environmental Services
DATE: July 10, 1997
SUBJECT: The Woods of Southridge Roadway Construction (97-32)
Rejection of Bids
Bid were received on the above referenced project on May 22, 1997. Eleven bids were
received with the firm Parking Lot, Streets being Iow bidder at $279,710.00. Staff has
reviewed the bids and the scope of work.
Based on the review staff feels that some design modifications to the pavement section can
be made to substantially reduce the price of work. Specifically, the subgrade and base type
and thickness would be reevaluated to be compatible with the Iow traffic density usage of the
area. The new design would also allow work to progress in a shorter period of time and thus
less of an inconvenience to the existing homes in this neighborhood.
For the above reasons we are requesting that all bids received on May 22, 1997 be rejected.
Enclosure
cc: Howard Wight, Dep Dir Env Svc
Barron Caronite, Engineer I
File: 9732a
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM ~ ~ - REGULAR MEETING OF JULY 15, 1997
APPOINTMENTS TO THE EDUCATION BOARD
DATE: JULY 9, 1997
The terms for Mickey Green, L.J. "Sandy" Morrissett, Rosalind
Murray and Roland Williams on the Education Board will expire on
July 31, 1997. They are all eligible and would like to be
considered for reappointment. The term is for two years, ending
July 31, 1999. Attendance records are attached.
To qualify for appointment, a prospective member must reside in
the city, have a child or children attending Delray Beach public
schools, or must own property and/or own or operate a business
within the city. Also, it is the intent, if possible, that the
membership include persons having a background in business, real
estate and/or education.
The following have submitted applications for consideration:
Anne Ford
Claire Friedman
/-~/~ickey Green (incumbent)
/ Cheryl Lee-Bennett (currently on the Board of Adjustment
~with term expiring 8/31/97; not eligible for reappointment)
/ /----pL.J. "S~ndy" Morrissett (incumbent)
/ / Rosalind Murray (incumbent~
/ / Gregory E. Young
/ / Roland Williams (incumbents \
// Sylvia Wolf
[{Purs?ant to Commission direo~iOn~ a check for code violations
a d/or municipal liens was c duct d. None were found.
/ The appointments will be mad~ by Commissioner Randolph (Seat #4),
X--Mayor Alperin (Seat #5), Commissioner Schmidt (Seat ~1), and
Commissioner Egan (Seat #2).
Recommend appointment of four members to the Education Board for
two year terms ending July 31, 1999.
ref: agmemo2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~tl
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JULY 15, 1997
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: JUNE 23, 1997
At the June 17th meeting, W. Howard Ellingsworth and Kevin McCarty
were appointed to the Community Redevelopment Agency. Letters of
resignation were received from both gentlemen, creating two
vacancies on the Delray Beach Housing Authority for unexpired
terms ending July 14, 1998 and July 14, 2000, respectively.
According to the rotation schedule, the recommendations for
appointment to fill these vacancies were to be made by
Commissioners Egan and Ellingsworth. On July 1st, Mr.
Ellingsworth recommended, and Mayor Alperin accepted, the
appointment of Herman Green to fill the unexpired term ending July
14, 2000. Mr. Egan's recommendation was deferred to July 15,
1997.
Per statute, an appointee may not be an officer or employee of the
City. Further, each housing authority must have at least one
member who is a resident, current in rent, of the housing project
or a person of low or very low income who resides within the
housing authority's jurisdiction and is receiving rent subsidy
through a program administered by the authority. There is a
resident-member currently serving on the Housing Authority.
The following have submitted applications for consideration:
Ronald Brito (currently on Board of Construction Appeals)
Renee C. Dillon (currently on the Affordable Housing
Advisory Committee)
Betty J. Goodman
Robert Hutzler
Isle Nathan
Willie Potts, Jr. (currently on Pompey Park Advisory
Committee)
Jay Slavin
Michael Wright
Pursuant to Commission direction, a check for code violations and
municipal liens was conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor
and ratified by the Commission. However, at the City Commission
meeting of June 5, 1991, a consensus was reached whereby each
Commissioner would, on an informal basis and according to the
rotation procedure, make a recommendation to the Mayor as to
Housing Authority appointees. As previously noted, this
recommendation is to be made by Commissioner Egan (Seat #2) for
the unexpired term ending July 14, 1998, with the actual
appointment by Mayor Alperin.
Recommend appointment of a member to the Delray Beach Housing
Authority to fill an unexpired term ending July 14, 1998.
ref:agmemo3
MEMOR~kNDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mk.NAGER ·
SUBJECT: AGENDA ITEM # /~)'~ ' - MEETING OF JULY 15, 1997
PUBLIC HEARING/CONSOLIDATED ACTION PLAN FY 1997-98
DATE: JULY 11, 1997
This is before the Commission to consider the HUD-required
Consolidated Action Plan governing the use of Community
Development Block Grant money. For Fiscal Year 1997-98 the
amount is $644,000 plus anticipated $8,000 program income.
The one-year Action Plan is part of the five-year Consolidated
Plan which is a result of the U.S. Department of Housing and
Urban Development's new process for planning the use of Federal
Community Development Block Grant funds, HOME Investment Partner-
ship funds, and other community development programs. This plan
replaces and consolidates the Comprehensive Housing and Afford-
ability Strategy and the Final Statement of Objectives and
Proposed Use of Funds formerly required.
Recommend adoption of the plan and approval to submit to Palm
Beach County for subsequent submission to HUD.
&.
AGENDA REQUEST
Request to be placed on: Date: July 7, 1997
xxxx Regular Agenda
Special Agenda
Workshop Agenda
~ Consent Agenda When: July 15, 1997
Description of item (who, what, where, how much):
Public Hearing for Consolidated Action Plan for Fiscal Year 1997-1998 regarding the
proposed budget for Community Development Block Grant dollars.
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of the Consolidated Action Plan for Fiscal Year 1997-1998.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55).
Department Head Signature:~~ ..... ---~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda&/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
white\coagenda.doc
MEMORANDUM
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director~
From: Michael Simon, Interim Community Development Coordinator ~d~
Date: July 7, 1997
Subject: Public Hearing/Consolidated Action Plan for Fiscal Year 1997-1998
ITEM BEFORE THE COMMISSION
This is to solicit public comment on the HUD-required Consolidated Action Plan Community
Development Block Grant (CDBG) funds for Fiscal Year 1997-1998. The Action Plan is written
in compliance with Federal guidelines governing the use of CDBG dollars. The Action Plan
presents the distribution of the 1997-1998 CDBG allocation of $644,000, plus anticipated $8,000
in program income from the administration of the Community Redevelopment Agency's Loan
Subsidy program. A Listing of Proposed Projects is as follows:
Housing Rehabilitation $254 120
Emergency Rehabilitation $ 20 000
Community Child Care Center $ 19 000
Alpha Time Child Care Center $ 8 600
Mad Dads Organization $ 57 000
Urban League $ 12 000
Merritt Park Facility Improvements $ 50 000
Boys and Girls Club $ 50 000
Sidewalks $ 50,000
Fair Housing $ 2,000
Administration $119,880
Contingency $ 9,400
TOTAL $652,000
BACKGROUND
The one year Action Plan is part of the five year Consolidated Plan, 1995-2000, Which is a result
of the U.S. Department of Housing and Urban Development's new process for planning the use
of Federal Community Development Block Grant funds, HOME Investment Partnership funds
and other community development programs. This plan replaces and consolidates the
Comprehensive Housing and Affordability Strategy (CHAS) and the Final Statement of
Objectives and Proposed Use of Funds formerly required as the application process for the
CDBG program entitlement allocation.
RECOMMENDATION
Staff recommends consideration of public comments of the Consolidated Action Plan. Upon
closing the Public Hearing and thirty day period for public comments, we recommend adoption
of the Plan (with amendments if necessary) and approval for submission to HUD.
Boca Retort News, Wedne .~day July· ~"'-"""~g' 1~97 ~'I~.: i
,· Le~lei Notices -I- Le~i. el Notices
~P, ~ CITY ~ ~L~Y BEACH
Boca Raton News, Tuesday July 1, 1997
lic h) offefld a P~blic Fleering lo provide ~ off the fade'ally mandated CordO~
Mated ~'fiun Plan ~ Budge/for Fiscal Year 1~//-1~. The Action Plan
MS I~ devt~ co~J~ ~ tn~ City Com~dl~l~ive Plen and ia Occer.
~ dance wi~ federal guidelifles governing file use of Community Devek~t
Block Grant fu~. The Comolidated Actldfl Pla~ ts available fa' Ix4)tic review
· ar, d cemmant ot the Cmnrnun~ Oevofol~ Division office, lec~'ed*et City
Hill, 100 N.W. 1st Avenue, ~lroy Beach.
CDBG Entitlement allocntie~l of t~44,~0 ftm~ for fire Fiscal Year I~-I~.
diflunally, tile Ci~ eslimak, s fll~'e will he #~(I in Ix'ngram incoete ~
stoff ~tici~tiun in ~e Community R~mefll A~mcy'$ Loan
PrOtein, Tnt c~tinuatiun of It~ State Hoesing ll~ltleflw~ Parfller~p flxxling
~ will Ix~wine the City wifll an e~tintated ~ifiunal ~1,~0 ~ he~i~
fiun ~cl I~meew~i~ Ol~ertunifl~s. The ~lowing is a s~mma~ of rite CDBG
Hiosing R~l~oil~tiun
COmITJUflI~ talin Care Ce~ S19,000
~ Time Child Care
Mad Oads O~gunizatinn
Urban Leng~
Recreation
~ ami Girls Qub nt Ooftay Beach
Mert~ Park
$in~valks
Mminioftatim ceets assacleted w~ CO~G
inclt~ing rte pramofim of fair Imusing
TOTAL CDBG (hlcind~g Ilrngcem #!c~ne)
CITY OF DELRAY BEACH
City Clerk
I~alil~: J~y 1 & I, 1997
I
MEMORANDUM
To: Alison Mac-Gregor Harty, City Clerk
,./7
Thru: Lula Butler, Community Improvement Director ~
From: Michael Simon, Interim Community Development Coordinator
Subject: Community Development Block Grant
Action Plan for Fiscal Year 1997-1998
Date: June 25, 1997
Please publish the attached articles in the July 1 st and 8th, 1997 issue of The News.
This is a Notice of Public Hearing for the Community Development Block Grant
Action Plan for Fiscal Year 1997-1998 proposed budget. Please send a copy of the
publication affidavit and the article to the Community Development Division when
recieved for our records.
If you require any additional information or clarification needed, call me at ext.
7282.
Thank you for your assistance.
NOTICE OF PUBLIC HEARING
JULY 15, 1997
CITY COMMISSION MEETING
7:00PM, CITY HALL
CITY OF DELRAY BEACH
The City of Delray Beach Community Improvement Department invites the public to attend a
Public Hearing to provide input on the federally mandated Consolidated Action Plan proposed
budget for Fiscal Year 1997-1998. The Action Plan has been developed consistent with the
City's Comprehensive Plan and in accordance with federal guidelines governing the use of
Community Development Block Grant funds. The Consolidated Action Plan is available for
public review and comment at the Community Development Division office, located at City
Hall, 100 N.W. 1st Avenue, Delray Beach.
The City's Consolidated Action Plan sets forth the proposed projects for the CDBG Entitlement
allocation of $644,000 funds for the Fiscal Year 1997-1998. Additionally, the City estimates
there will be $8,000 in program income through staff participation in the Community
Redevelopment Agency's Loan Subsidy Program. The continuation of the State Housing
Initiatives Partnership funding will provide the City with an estimated additional $301,000 for
housing rehabilitation and homeownership opportunities. The following is a summary of the
CDBG proposed projects:
Housing Rehabilitation $262,120
Emergency Repair $ 20,000
Social Services (15%)
Community Child Care Center $ 19,000
Alpha Time Child Care $ 8,600
Mad Dads Organization $ 57,000
Urban League $ 12,000
Recreation Improvements
Boys and Girls Club of Delray Beach $ 50,000
Merritt Park $ 50,000
Infrastructure Improvements
Sidewalks $ 50,000
Administration $121,880
Administrative costs associated with CDBG
including the promotion of fair housing
Contingency $ 1,400
TOTAL CDBG (including program income) $652,000
PUBLISH: THE NEWS CITY OF DELRAY BEACH
July 1, 1997 Alison MacGregor Harty
July 8, 1997 City Clerk
Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director kJ~
From: Michael Simon, Interim Community Development Coordinator
Date: July 7, 1997
Subject: HOPE 3 Contract for Sale/264 NE 14th Street
ITEM BEFORE THE COMMISSION
This is to request approval to execute a Contract to sell a housing unit acquired through the HOPE
3 Program to a very low income eligible family of four who are at 59% of median household income
consisting of a two parents with two dependent children.
BACKGROUND
The unit to be sold is located at 264 NE 14th Street in Delray Beach. We purchased the property on
October 18, 1996 at a cost of $41,281. The unit has two bedrooms and one bath with a square
footage of 973. The rehabilitation has been completed to the unit at a cost of $17,470 and has
appraised for $66,000. The total purchase price including closing costs is $69,843.00.
Federal regulations require that the unit be sold at appraised value. Because the buyer for this
property only qualified for a $59,400 first mortgage, we have the flexibility in this program to attach
a subordinate mortgage for the difference between the first mortgage amount and the appraised
value. The applicant is contributing $2,143 towards the purchase of the unit. Closing cost assistance
of $2,000 will be contributed as a credit to the buyer at closing in accordance with program
guidelines. Therefore a Promissory Note in the amount of $6,300 will be recorded as a subordinate
second mortgage in the public record. The note stipulates a full recapture provision for the first six
years with a decrease of 168th of the original balance per month for the next 14 years. If the unit
is sold by the purchaser before the six year point on the note expires, only the amount of down
payment, principal payments and property improvements made by the purchaser will be available
to he/she/them at the sale.
RECOMMENDATION
Staff recommends approval to execute the contract to sell HOPE 3 unit to the eligible homebuyer
and authorize the execution of the required Second Mortgage.
AGENDA REQUEST //O ~ ·
Request to be placed on: Date: July 7, 1997
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxx Consent Agenda When: July 15, 1997
Description of item (who, what, where, how much):
Sale of HOPE III Program housing unit located at 264 N.E.14th Street, Delray Beach to
an income eligible applicant. P4 c.. ~ RE^ ~.
(Example: Request from Atlantic High School for $2,000 to funds project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of the sale of the HOPE III unit.
(Example: Recommend approval with funding from Special Events Account No. 001-
3333-555-44.55).
Department Head Signature: ~7~,~ /~
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
white\coagenda.doc
CONTRACT FOR SALE AND
PA1ZT~F_,S: Thc CITY OF DEL~Y BEACH, a FIoH~ m~oip~
of I00 N.W. 1st Avenue, Dclmy B~ch, Flofda 334d~ (Phone: 407-243-7000) ~d
Michael McGreal , ("Buycd'), of
19 NiE. loth . Street, Delray-Beadh, Florida 33444 ~h3no:56~-265-3758
hereby agr~ ~at ~e Seller sh~l sell ~d ~c Buyer sh~ buy ~ fo~
Pro~') ~d ~ pm~' C'P~on~9 (~v~y-for R~ ~t~ T~c~o~
L
Fto~ The ~s$ 55 fhec ~ Lq~ 11,. Pl~mosa Pa~? S~C~n_~, accprd~ng__
'~o: Ch~' P~a$ ~ereof.~n .c~S fi~ _~ the .offic~ 9f.che.qi~cuic Cour~
- Delray' Beach, Florida 33444
I/. ]?UI{Ct{A~E ]PI~CE: .................................... $ ~9,843.00
$
(a) 'De~s) to ~ held in ~cmw by
~ ~e ~e ~o~t of .$
~) Ad~Oo~ ~ow deposit ~in Nl~
Da~ h ~e ~o~t of $
~ ~vor of,',N/A ha~ng
P~t'p~ bfl~ of $-
'(d) Pm~ money mo~e ~d mo~e no~
~~.f25 %¢~Addend~)h~.~-~omtof $ 52~,406..00. ..
(e) 6~ Homebuyer ~s~sca~ce ~rom the Seller to be $ 8~b0.O~.
· get'ed by'Pro~sso~ NoCe/2u~ fforCg~WClosing-Credit
(0 .Bd~ tp Close ~.S. ~ LOC~LY D~ ~ or
~'s ~), ~bj~ to adj~m ~d pmm~ ~ 2,1 ~ 3,00 -
T~ ~OR ACCE~CE; EFFE~I~ DA~: If
~d ddi.v~ to ~{ p~ OR FACT OF ~~O~ ~~t~
opt~o~ be ~tum~ to BuY~ aad thc off~ wkhd~wm A ~mHe ~py of ~is ~a~ct
for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as 'originals. The date of this Contract ("Effective Date") will be the date when
the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or
(2) or (3)): (1) gl a fixed, (2) . [] an adjustable or O) [3 a fixed or adjustable rate loan
within 60 days after Effective Date, at an initial interest rate not to exceed _ ~, %,
term of 30 years and for the principal mount of $ 59,400.00 buyer will
make application within :30 days after Effective Date-and use reasonable diligence
to obtain the loan commitment and, thereafter, to meet the terms and conditions of the
commitment and close the loan. buyer shall pay .all loan expenses. If Buyer. fails to
obtain the commitment or fails to waive Buyer's rights 'under this subparagraph within
the time for obtaining the commitment or after diligent effort fails to meet the terms mad
conditions of the commitment, then-either party thereafter by prompt written notice to the
other may cancel the Contract and Buyer shall be refunded the deposit(s).
V. TITLE EVIDENCE: At least 7 days before dosing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2)5: (1) [] abstract of title or (2) K] title insm-ance commitment and,
after closing, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be dosed and the deed and other dosing
papers delivered on on or before August 15, 19,97unless extended by other
provisions of Contract.
V. II. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take rifle subjsct to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat-or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or frtnt lines and 7 ½
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any7
provided, that there exists at closing no violation of.the foregoing and none of them
prevents the use of Real Property for residential purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
2
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shah control all printed provisions of Contract in conflict with them.
X. RIDERS: (Check if any of the following Riders are appliCable and are attached to this
Contract):
a)__ Coastal Construction Control Line Rider
b)__ FHA/VA Rider
c)__ Other.
XI. ASSIGNABILITY: (Check(I) or(2)): Buyer (1) __ may assign or (2) __ may not
assign Contract.
XII. SPECIAL CLAUSES: (Check (1) or (2)): Addendum (1)__ is attached OR (2) is
not applicable.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT.
XIV. DISCLOSURES: Buyer__ acknowledges or__ does not acknowledge receipt of the
agency/radon/compensation and estimated dosing costs disclosure. __ BUYER'S
I]XlITIALS.
SELLER: City of Ddray Beach, Florida By:
Jay Alperin, Mayor
ATTEST:.
Deputy City Clerk
Approved as to form:
Print Name Print Name
I HEREBY CERTIFY that on this day, beforo me, an officer duly authorized in .th~ State
aforesaid and in the County aforesaid to take acknowledgem_~.ents, personally appeared
who are personally known to me or who have produced ~
as identifiCation and who executed the foregoing instrument and acknowledged before me that they
g ecuted the sarape. WITNESS my hand~and.o~ci_.ai seal in the County and State last aforesaid this
day of ~ ~,~? , A.D. 199T-~_ /)__ .
K. , d NotaryPublic State ofl lorida
SEAL 't~:~.:3~{~'k ~y_~ ,~ee~y Commission Expires:
'%,'. ,:ii}**~ . Comrmsslon No.:
264 NE 14th Street
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: City of Delray Beach
BUYER: Michael McGreal
PROPERTY ADDRESS: 264 N.E. 14th Street, Delray Beach, Florida 33444
IXV. SPECIAL CLAUSES (Continued):
A. RADON OAS: Radon gas is naturally.occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons-who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have.' been found
in buildings in ~loriclm Additional information regarding radon and radon testing may be
obtained fxom yohr county publie'health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed-to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise.'provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445'') and the regulations promulgated thereunder
(,Regulations''), shall be required to withhold such amount as is necessary to comply with the
.- Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, ok O) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as .determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or. shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the lntemal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations whidl~ concern the filing
of an application for a Withholding Document with the Internal Revent/e Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
5
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional mounts due to Seller in accordance with the
Regulations, all or such portion of said additional mount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit th~ amount so withheld and report such
information as required under the Regulations tO the Internal Revenue Service.
'- ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS
D AND N:
The parties.hereby agree that the time periods for the inspections referred to in Standard D and
Standard N shall be modified to be made within se;~en (7) days from the effective date.of this
Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any
reason, the Buyer is not satisfied with the results of such 'inspections, Buyer shall have the right
to-notify Seller in writing of Buyer's election to terminate this Contract within said seven-day
inspection period and receive the return of. all deposits made hereunder.
6
STANDARDs FOR REAL ESTATE TRANSACTION8
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if
not existing then certified as correct by an existing finn) purporting to be an accurate synopsis of thc instruments affecting title
to-Real Property recorded in thc public records of thc county wherein Real Property is Iocate~ ~rough Effective Date and which
shall commence with thc earliest public records, or such later date as may be customary in thc county. Upon closing of this
transaction thc abstract shall bee. omc thc property Of Buyer, subject to thc right of retention thereof by first mortgagee until fully
paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of
thc deed to Buyer; an owner's policy of title insurance in thc amount of thc purb. hasc price, insuring Buyer's title to real property,
subject only to liens, encumbrance.% exceptions or qualification set forth in this Contract and those which shall b~ discharged by
,.qcllcr at or 'before clnsiag. Seller shall convey a marketable title 'subject only to liens, encumbrances, exceptions or
qualifications set forth in. Contract. Marketable title shall be determined according to applicable Title Standards adopted by
authority of Thc Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment,
from date of receiving evidence of title to examine it. If title is found defective, Buyer shall; within 3 days, notify Seller in
writing specifying defect(s). If thc defeCt(s) render title unmarketable, Seller will have one hundred twenty (120) days from
receipt of notice.within which to remove the defect(s), failing which Buyer shall have thc option of either accepting the title as it
then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer;, thereupon.Buyer and Seller shall
release one another of all further obligations trader thc Contract Seller will~ it'title is found umnarkctable, u.nc diligent effort to
correct defect(s) in title within thc time provided tbet/efor, including thc bringing of necessary suits.
B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A pumhasc-money mortgage and
mortgage note to Seller shall provide for a 30 day grace period in thc event of default if a f'wst mortgage and a 15 day grace
period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit
acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); and thc mortgag6, note and security
agreement shall be otberwise in form and content required by Seller; but Seller may only require clauses customarily-found in
mortgages, mortgage notes, and .security agreements generally utilized by saving and loan institutions, or state or national banks
located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's
option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the
final payment will exceed thc periodic payments thereon.
C. SURVEY: .Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified by a registered Florida surveyor. If survey., shows encroachment on-Real Properly or that
improvements 'located on Real Property encroach on s'ctback lines, casements, lands of others, or violate any restrictions,
Contract covenants or applicable governmental regulation, the same shall constitute a title dcfecL
D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have
Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation
or visine existing damage from termite infestation in the improvements. If either or both arc found, Buyer will have 4 days
from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a
licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase
pti.ce. Should such costs exceed that amount, Buyer shall have thc option of canceling Contract within 5 days after receipt of
contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which eventr
Buyer shall receive a credit at closing of an amount equal to the total of thc treatment and repair estimate not in excess of 2% of
thc purchase price. ';Termites" shall be deemed to include all wood destroying organisms required to be reported under thc
Florida Pest Control Act.
D. INGRESS AND EGRESS; Seller warrants and represents that there is ingress and egress to thc Real Property sufficient for
thc intended usc as described in. Para. graph VII hereof, title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying thc nature and duration of thc tenant's occupancy, rental rates, advanced rent and
security deposits paid by tenant_ If Seller is unable to obtain such letter from each tenant, thc same information shall be
furnished by Seller to Buyer within that time period in thc form ora Seller's affidavit, and Buyer may thereafter contact tenants
to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to-the absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that then: have been
no improvements or repairs ~o Property for ninety (90) days immediatcly preceding date of closing, if Property has been
improved, or rcpaircd within that time., Seller shall deliver rel~ or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of' all such
general contractors, subcontractors, suppliers and materialmcn and further affirming that all charges for improvements or repairs ·
which could serve as a basis for a .mechanic's line or a claim for damages have-been paid or will be paid at closing of this
Conuacc
H. PLACE OF CLOSING: Closing shall bc held in thc county whcrc geai Property is located, at thc office of thc attorney or
other closing agent dcsignatcd by Sciler.
I. TIME: Timc periods hcrcin of less than six (6) days shall in thc computation cxcludc Saturdays, Sundays and statc or
~nationai legal holidays, and any fimc period provided for hcrcin which shall end on Saturday, Sunday or lcgai holiday shall
extend to 5:00 p.m. of thc next business day.
J. DOCUMENT FOR CLOSING: Seller shall f~mish deed, bill of sale, mechanic's lien affidavit, a~sigruaents of leases,
tenant and mortgagee estoppcl Ic~ers, and corrcctivc instruments. Buyer shall furnish closing statcmcnt, mortgage, mortgagc
note, security agreement, and financial statements.
Ia EXPENSES: Documentary stamps on thc deed and recording corrective instruments shall be paid by Seller. Documentary
stamps; intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid. by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Pr0Perty shall
be prbrated through day before closing. Buyer shall have the option to taking over any. existing policies of insurance, if
assumable, in which event premiums.shall be prorated. Cash at closing shall be increased or decreased as may be required by
prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. · Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will bc credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
.exemptions. If closing occurs at a date when the current year's.milage is not fixed, and current year's assessments is available,
taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvemeuts on real properly, by Januiry 1st of year of
closing which improvements were not in existence on Sanuary 1st of thc prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed, upon between the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment taking into consideration available exemptions.- Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in thc closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not
as of Effective Date) arc to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer.- Iftbe improvement'
has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified
and Seller shall, at closing, be charged an amount equal to thc last estimate of assessment for thc improvement by thc public .
body.
.N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, thc ceiling,
roof (including thc' fascia and soffits) and exterior and interior wails .do not have any VISIBLE EVIDENCE of leaks or wat~'
damage and that thc septic tank, pool, all major appliances, heating, cooling, clcctrical, plumbing systems and machinery arc in
WORKING CONDITION. Buyer may, at Buyer's expegse, have inspections made of those items by an appropriately Florida
license person dealing in thc construction, repair or maintenance of those items and shall report in writing to Seller such items
that do not mcct thc above standards as to defects together with thc cost of correcting them, prior to Buyer's occupancy or not
less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be
deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement arc required, Seller shall pay up
to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected
by Seller. If thc cost for such rcpalrs or replacement exceeds three percent (3%) of thc purchase price, Buyer or Seller may elect
to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct thc defects prior to
closing, thc cost thcrcof shall bc paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for
inspections. Between thc effective date and the closing, Seller shall maintain property including but not limited to thc lawn and
shrubbery, in thc condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of
property prior to closing in order to confirm compliance with this standard.
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a~ccd .__ '" mc dcpos;~ . "~CE: iF~ ~ ~ ~ ~d ~-- ~ O~cr ~d ~-.~ '~ m SOc~ It*;- .
-crcupo,, ~..? ,u~ d~a~~ ~ OUYcr ~d ~- ~ ~u Pe~o~ .... g~ to ~e *:--- fl~cb, For
~qui~ to ~.ro~~ ~d Seller ~: Y°"sidc~fC~°sit(s) agr~'.m~ Con~ ~i,,' -~,mE broker
m~kc,~, ~cc Stile-, . ~,,~l ~ ..,, ~" mr ~ _ -~ ~o ~ n=;. ,m~n ~e
Se" ~,,n~ or cA-- gent effo~ e.,?' mis Co~_. uugations un~_ flus Con~, ~m~ by or fo- ..unCludin~
vUeds brach ~ct to r~eiv. .~ ~n~ faile - cc I~ fo- - ucr Comm.,. ~ ~d in ~,. ur r~e aceo..~ ~Yment of
' "'moul ~ere~. uus Co~e, ' OCllcr to "'"~ Proceed
g ~v uyer m~.. ers
- For d~agcs~,
ACRv~.-· ~Y clai~.
~Orde~ ?~ME~ HO~ ~- :. . ' Pro :ced
Who-- ~ m ~y Publ;~ ~' ~CO~A~ ~ _ .th~ ;elle~, ~
ucv~ thc nt~]~ ~r~.~ ~;. ~; PERS _ actmn sec s.t/tlc
P ~ Shall ~- ~, sm ..... ~ct Shall h;.~ UND; No~._ r~ul,:- _ c
~c ~ effe~ive ~.SBall includ~ ~.?u ~d inure ,~ lC~: Neith ..... ,,ng from
% ~ a~ .... nail COn .... ~,uuc all ~. their su.~ °f~t ahall h.
~°Pnatc to ,~ ~cy title t~ n · ~vOticc ~:. ~so~ i- · - ~
mc status of S~ ~1 Propcm.. ssv~ by or lo ,~ u interest.
~.cr, SUblet. ' '~ oy statute- mc atto~ev
~ ~t Only to mar ~'Y wa~n~, l-
iers COnlained ;.'~Stee~ Person~ _
~grap~ VII ~f?~CSCntativc,s
-ua tl~osc °the~vis'd
9
accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of.sale with warranty of title, subject
only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMEHTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless
included in this ContracL No modification or change in this Contract shall be valid or binding upon the parties unless in writing
and execute~l by the party or parties intended to be bound by il.
W. WARRANTIES: Scllex wan'ants that there am no facts known to Seller-materially affo:.tin~ the value of the Real Property
which ar~ not readily observable by Buyer or which have not been disclosed to Buyer.
tO
NOTICE IS HEREBy GfYEN, IMf f~e
CONTINUED
Le~IAI Notices
CONTINUED
The i:~s? S5 fl~ M LM 11,
PM'k, ~ 'A' 4cc~il~
IhereM, m~ fiN, m
wn, F~ ~. TM
July 15, ~, ~ 7:~
.~
Boca Raton News, Tuesday July 1, 1997
Legal Notices
ROTICE I$ HERE~Y GIVEN,
C~ ~ ~r~y
~ ~ ~ ~ HOPE III
T~ E~ ~ ~ ~ ~ 11, P~
P~ ~ 'A' ~ing ~ ~ Plat
~a)m ~a~ ~, F~l~, in Plat
~i~ ~ P~le E~e
~ ~S ~e in Ci~ Hail ~
~ 15, ~,
NOTICE OF INTENT
TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the
following described property under the HOPE III Program:
The East 55 feet of Lot 11,Plumosa Park, Section "A" according to the Plat thereof, on file
in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in
Plat Book 23, Page 68.
The sale of the property is for public purpose pursuant to a contract entered into between the City
of Delray Beach and Michael and Elizabeth McGreal under the Federal Program, Housing
Opportunities for People Everywhere(HOPE III). Further information, as available, may be obtained
from the City Manager's Office in City Hall located at 100 NW 1st Avenue, Delray Beach, Florida
33444. The City Commission of the City of Delray Beach, shall hold a public hearing on the
proposed sale at their regular meeting of July 15, 1997, at 7:00pm in the City Commission
Chambers, City Hall.
PUBLISH: THE NEWS CITY OF DELRAY BEACH
July 1, 1997 Alison MacGregor Harty
July 8, 1997 City Clerk
MEMORANDUM
To: Alison Mac-Gregor Harty, City Clerk
_/'~
Thru: Lula Butler, Community Improvement Director ~
From: Michael Simon, Interim Community Development Coordinator
Subject: Notice to Sell Real Property/HOPE III Program
Date: June 23, 1997
Please publish the attached articles in the July 1 st and 8th, 1997 issue of The News.
This is a Notice to sell real property owned by the City under the Federal HOPE III
Program.
If you require any additional information or if clarification is needed, call me at
ext. 7282.
Thank you for your assistance.
RECEIVED
[IT¥ OF DELRI:I¥ BEI:I[H
CiTY ATTORNEY'S OFFICE ~0o ~ ,., ^~.~... ~,~^~.~^~., ~,.o~,~^ ~,.
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wfimr's D~t L~: (561) 243-7~1
DELRAY BEACH ~
llI.A~rica Ci~ 15(
~ TO: Ci~ Co--sion
~9~3 David T. H~den, Ci~ M~ger
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amendments to Civil Service Act
The 1997 legislature passed and enrolled HB 521 which provided for certain amendments to the
Delray Beach Civil Service Act. The enrolled bill is attached for your information. The
attached ordinance amends the City's code to conform with the changes in the Act.
In summary, the changes are as follows:
Part time employees, assistant city managers, police majors (along with
department heads, temporary employees and those appointed by the City
Commission) are not covered under the Act. Provides for the return of
police majors to a previously held civil service position.
The word "grade" is omitted and the words "position" and "classification"
are substituted. Provides layoff and bumping rights, and for recall upon
restoration of position.
Provides for dismissal due to changes in the work and appointment to vacant
positions if qualified.
Repeals Section 35.014.
Renumbers Section 35.015 to 35.014.
Our office requests that this ordinance be placed on an appropriate agenda for City Commission
ou have any questions.
cc: Alison MacGregor Harty, City Clerk
Paul Dorling, Chairman, Civil Service Board
Department Heads
civilser, sar
/~.A.
ORDINANCE NO. 2 9- 9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS", "CIVIL SERVICE",
'/SECTION 35.002, "APPLICATION; EXCLUSIONS", BY AMENDING
SUBSECTION (A), TO PROVIDE CLARIFICATION OF POSITIONS
NOT COVERED BY THE ACT AND BY CREATING A NEW
SUBSECTION (C), TO PROVIDE CERTAIN PROTECTIONS FOR
POLICE MAJORS WITH PREVIOUS CIVIL SERVICE STATUS WITH
THE CITY; AMENDING ~gECTION 35.007, "FIXING PAY AND
GRADE THROUGH BUDGETARY PROCESS", BY AMENDING THE
TITLE TO 'FIXING PAY, POSITION AND CLASSIFICATION
THROUGH BUDGETARY PROCESS"; AND SUBSECTIONS (A)(B)(C)
AND (D), TO PROVIDE REFERENCES TO POSITIONS AND
CLASSIFICATIONS, BUMPING RIGHTS, RIGHTS UPON
RESTORATION OF POSITION, AND A HEARING PROCESS TO
DETERMINE CONTESTED SENIORITY RATINGS; AMENDING
~'SECTION 35.013, 'DISMISSAL", BY AMENDING SUBSECTION (A)
TO PROVIDE FOR THE DELETION OF REFERENCES TO GRADE,
SUBSTITUTING THE WORD POSITION, PROVIDING FOR
REAPPOINTMENT BY THE CITY MANAGER TO VACANT
POSITIONS UNDER CERTAIN CIRCUMSTANCES; REPEALING
SECTION 35.014, 'RETAINMENT · OF RANK, GRADE AND
SENIORITY; REDUCTION OF NUMBER IN GRADE"; AMENDING
SECTION 35.015, ``PREFERENTIAL BONUS POINTS", BY
RENUMBERING SECTION 35.015 TO SECTION 35.014,
"PREFERENTIAL BONUS POINTS"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WI-IEREAS, the City Commission of the City of Delray Beach, Florida, authorized changes to
the Civil Service Special Act; and
WI-IE~S, the changes to the Special Act were passed by the 1997 Legislature of the State of
Florida, as embodied in enrolled local bill HB521; and
WHEREAS, the City Commission desires to amend its ordinance to conform to the changes
enacted by the legislature; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ction 1. That Title HI, "Administration", Chapter 35, "Employee Policies and Benefits",
heading "Civil Service" of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.002, "Application; Exclusions", subsections (A) and (C) to read as follows:
Section 35.002 APPLICATION: EXCLUSIONS.
(A) All persons regularly employed by the municipality in any department shah be
construed to come within the provisions of this subchapter, except Assistant City Managers,
Department heads and Police Majors "'~'
b~aes-taw. This subchapter shall not include any officer or person employed ~ for
temporary duty only; nor shall it include employees covered under the terms of a collective
bargaining agreement, or expired collective bargaining agreement which is subject to
renegotiation unless otherwise expressly provided in this subchapter or in the code of rules and
regulations or in the collective bargaining agreement.
(B) The provisions of this subchapter shall not apply to those persons appointed by the
City Commission.
(C) An employee appointed to the position of Major in the police department after
October 1. 1996. with previous permanent status under the Civil Service Act. shall have the right
to return to the employee's previously held civil service position.
~ That Title HI, "Administration", Chapter 35, "Employee Policies and Benefits",
heading, "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.007, "Fixing Pay and Grade Through Budgetary Process", subsections (A), (B),
(C) and (D) to read as follows:
Section 35.007 FIXING PAY. POSITION AND CLASSIFICATION ~ THROUGH
BUDGETARY PROCESS.
(A) The City Commissiongev.rn:'nv ~ ~ ....... ~..,t.~.:,..., ..... "; *~'~ mur2c~Fa!:..%' shall fix the pay of
all employees, shall fix the number of goJJlim~ members in each particular classification in each
ll~tt:mmnt grade and may increase or reduce the number of positions in any classification or the
numi~r of classifications in each department may-gr-a~, or may abolish any classification or
position in any or all departments that-gr-a~, through the budgetary process. The City Manager
may vary the number of ~ e~aptoye~ in any classification or the number of classifications
in any or all departments during the budget year to meet city requirements.
2 ORD. NO. 29-97
WED 08:36 FAX 407 278 4755 DEL BCB CTY ATTY -.-.-* CITY HALL [~1102
(B) In the event of a reduction in the number of lgl~iczlla_ia ~ any
classification in any or all department.~ or a reduction of claa~ifications in any or all departments
~a4e, the ~ ~ shall be retained ~ according to seniority;
m:---,~ ~:: ~- ~, for
~i~e_ In the event of the ¢limirmtion of a position or classification within a devartment.
employees who are affected shall have the opporxXlnitv to bump back within the denartment to
another position or. if a.t~. licable_ to another classification, i~ the employee, in the o~inion of the
Department I-lead and the City_ Mans?er. is qualified for the proposed position a/ad has received a
satisfactory performarme evaluation for the year preccdin? the reduction in force. The employee
shall thereafter receive the pay applicable to the new position or classification_ In the event the
position or classifications previously eliminated in the reduction in force gr-a~ is again increased,
those ~ member~ forced back as aforesaid .~haH be first to succeed to
position or elassific~ttion t~reviou~lv held bv the erm~lovee with oermanent
according to seniority, without further examination or probationary period.
(C) In the event a reduction in tim force ~ ..... ~-~ *"~¢ cause~ ~
· '""~'~ ~ *~'~ '~-~'~ "'~'~ "~ *~'~* "~ tO go into inactive duty the inactive enmlovee
m=mLccr =--. ':,-~ac~-:e ~_'-'.~' shall not receive any pay, but the inactive ~Blp..k;ly_~nl~ shall not
lose ~'~ seniority, provided he the inactive employ~,¢ remains inactive for a period not to exceed
one year; and I~nters ~ active duty within ten days after notice has been given
~ ~L~ by the City Manager that the a position i~reviouslv held by the emnlove¢ is open.
..-agl .......... In the
event ~ c~loy~ ~ dissen~ to ~ ~ seMofiV ra~, a hc~g sh~l bc held by the
Bo~d ~ ~e scMofi~ deter, ~d ~e findMgs of ~e Bo~d s~l ~
~$~x_t. That Title III, 'Admin{stration", Chapter 35, "Employee Policies and Benefits",
heading, ~Civil S~rvice', of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.013, 'Dismissal", subsection (A) to read as follows:
(A) Any permanent employee of the municipality may be dismissed by the City
Manager when there is no longer any ~ for the ~osifion held by the employee L-: ~ha'. ~'-'~
depamnem because of cae 1t change in wor~ er '.,~ :~-~!:.:?-',~='. cf ~ p~:it~m In the event a
vacancy exists elsewhere in the City_ :n a .... . ~.._. .,.-- _ a='~ ~2~er _:~ ~-. the City
Manager may, if the City Manaffer kc so desires, appoint the a~l employee to fill the vacant
_tradition if the employee is _o~alified for the position and the employee's performance eYaluation
for thc hrecedin~ year was satisfactorY. -'~' ..... ; :_ ~. a ,...~._ ~ ......
_ _ _ - ......~ .................... grade
~'l~,~me~-r--b~ lin thc event there is no other work for the employee, thc ~ dismissal
shall be final and there shall be no appeal of the dismissal to the Civil Service Board.
3 OR/). NO. 29-97
(B) Any permanent employee who is dismissed for misconduct or delinquency or who
resigns while charges are pending, shall be disqualified from taking any civil service examination
in the city within a period of five (5) years thereafter.
~. That Tide III, "Administration", Chapter 35, "Employee Policies and Benefits",
heading "Civil Service" of the Code of Ordinances of the City of Delray Beach is hereby amended by
repealing Section 35.04, "Retainment of Rank, Grade, and Seniority; Reduction of Number in Grade".
~. That Tide ~I, "Administration", Chapter 35, "Employee Policies and Benefits",
subpart, "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by
renumbering Section 35.015 to 35.014, to read as follows:
Section 35.013 4 PREFERENTIAL BONUS POINTS.
A preferential bonus of five points shall be added to the examination score of any eligible
veteran competing for a civil service position in the City. A preferential bonus of ten points shall
be added to the examination score of any eligible disabled veteran or widow of a displayed
veteran competing for a civil service position in the City.
~. That should any section or provision of this ordinance, or any portion thereof, or any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
~. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby, repealed.
S~tion 8. That this ordinance shall become effective immediately upon its passage on the
second and final reading.
4 ORD. NO. 29-97
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
civilser.ord
5 ORD. NO. 29-97
· ql~ k .M · it eE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # / - WORKSHOP MEETING OF JULY 15, 1997
CAPITAL IMPROVEMENT PLAN 1998-2002
DATE: JULY 11, 1997
A copy of the Capital Improvement Plan 1998-2002, Revision No. 3
(July 1, 1997) is being distributed with your agenda notebook.
Each blue page is the title sheet for a separate fund. The
various funds are arranged in numerical order. You will find the
fund number in the upper left hand corner of the first page behind
the blue title sheet. This page (or these pages) also shows the
sources of funds and lists all the capital projects proposed in
that fund.
If you don't have time to look through the whole book, I suggest
focusing on fund 334, the General Construction Fund. This is the
eighth blue page from the front. Projects in fund 334 generally
have a lot of public interest. Other especially important funds
are 442, Water/Sewer Renewal and Replacement Fund, and 448, the
Stormwater Utility Fund.
After the page(s) listing all the projects for each fund you will
find a full page for each project which gives more detail on that
particular project.
ref:agmemol0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # / - WORKSHOP MEETING OF JULY 15, 1997
CAPITAL IMPROVEMENT PLAN 1998-2002
DATE: JULY 11, 1997
A copy of the Capital Improvement Plan 1998-2002, Revision No. 3
(July 1, 1997) is being distributed with your agenda notebook.
Each blue page is the title sheet for a separate fund. The
various funds are arranged in numerical order. You will find the
fund number in the upper left hand corner of the first page behind
the blue title sheet. This page (or these pages) also shows the
sources of funds and lists all the capital projects proposed in
that fund.
If you don't have time to look through the whole book, I suggest
focusing on fund 334, the General Construction Fund. This is the
eighth blue page from the front. Projects in fund 334 generally
have a lot of public interest. Other especially important funds
are 442, Water/Sewer Renewal and Replacement Fund, and 448, the
Stormwater Utility Fund.
After the page(s) listing all the projects for each fund you will
find a full page for each project which gives more detail on that
particular project.
~-'/~- ~
ref:agmemol0
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Alison MacGregor Harty, City Clerk
SUBJECT: Response to Public Co,,..ents (Stan Scheinberq)
DATE: July 11, 1997
At the July 1st Commission meeting, Mr. Stan Scheinberg suggested
there could be a cost saving if the agenda were to be faxed to
residents who request this service instead of it being mailed.
If a resident has a local fax number and would like to receive
the agenda, I see no reason why they can't be accommodated. At
this point in time I would not expect the number of people with
fax machines requesting this service to be so high as to
seriously impact staff time.
Under our present subscription system, a draft agenda is mailed
out on Friday afternoon. Subscribers are informed that there may
be changes to the draft agenda and they are welcome to contact
our office on Monday for verification if an item is on or off.
Also, subscribers by mail pay an annual fee of $25.00 to cover
costs such as paper, postage and handling.
Since a local fax is the same as a local phone call, there really
isn't any cost involved other than the time it takes staff to
send the document. Again, unless the number of requests
balloons, I think the impact would be negligible. I would
suggest that faxed agendas be sent on Monday mornings when it
should be finalized as opposed to Friday afternoons which are
often hectic with changes occurring up to the last minute.
The bottom line is there shouldn't be a problem with providing
this service. In the event that the number of requests for faxed
agendas was to increase dramatically or if requests for
accompanying backup material were to reach the point where they
became problematic, we could revisit the issue. In the meantime,
residents interested in this service should contact the City
Clerk's office to make the necessary arrangements.