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10-21-97 Regular
DELRAY BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING llI-AJllericaCity 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 listenin9 devices are available for meetings in the Commission Chambers. RI/LES FOR PI/BLIC 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. Co Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting October 21, 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 October 7, 1997 6. Proclamations: A. Delray Beach Orchid Society's 7th Annual Show - October 31 through November 2, 1997 B. OF NOTE: National Epilepsy Awareness Month - November, 1997 7. Presentations: A. RESOLUTION NO. 76-97: A resolution recognizing and commending Matthew ("Bump") Mitchell for 30 years of service to the City of Delray Beach. 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/HEGSTROM BOUNDARY PLAT: Approve the Hegstrom boundary plat which creates two duplex lots on property located on the north side of N.E. 22nd Street. B. ACCEPTANCE OF EASEMENT DEED/LEVENGER FACILITY AT CONGRESS PARK SOUTH: Accept an easement deed from Levenger Company for a 12 ft. utility easement within the Replat of Congress Park South to accommodate the installation of a water line in conjunction with the expansion of the Levenger facility. C. RESOLUTION NO. 79-97 AND ACCEPTANCE OF EASEMENT DEEDS FOR THE ALZHEIMER'S CARING CENTER: Adopt a resolution authorizing the execution of a quit claim deed to Rainberry Lakes Homeowner's Association in exchange for utility easements, and accept three easement deeds (one from Rainberry Lakes Homeowner's 2 Regular Commission Meeting October 21, 1997 Association and two from Alzheimer's Community Care Association) to provide water and sewer to the Alzheimer's Caring Center located at the northwest corner of Congress Avenue and Lake Ida Road. D. ACCEPTANCE OF COUNTY DEEDS CONVEYING 14 PARCELS OF LAND TO THE CITY: Accept County deeds conveying 14 parcels of land located within the municipal limits of the City from Palm Beach County to the City of Delray Beach. E. IN-LIEU OF PARKING FEE AGREEMENT/CAFFE LUNA ROSA, INC.: Approve an agreement for payment of $6,000 in-lieu of providing one required parking space in conjunction with improvements to the Caffe Luna Rosa restaurant located at 34 South Ocean Boulevard. F. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS WITH SIX SUBRECIPIENTS: Authorize the execution of funding agreements with six subrecipients under the Community Development Block Grant (CDBG) program for FY 1998, with total funding in the amount of $148,600 from various accounts within the CDBG fund. G. AGREEMENT WITH HABITAT FOR HUMANITY: Approve an agreement between the City and Habitat for Humanity authorizing the City to acquire and convey five (5) lots to Habitat for Humanity for the purpose of providing affordable housing for low income families during FY 1998, with funding from 118-1974-554-61.10.. SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION: Approve a request from the Eastern Surfing Association for special event approval to hold a surfing contest at the municipal beach on Saturday, November 8, 1997, from 8:00 a.m. to 5:30 p.m. I. CLOSEOUT CHANGE ORDER #1 AND REQUEST FOR FINAL PAYMENT/MAJESTIC GROUP ENTERPRISES: Approve closeout Change Order #1 in the net deduct amount of $1,362.22 and request for final payment in the amount of $15,758.18 to Majestic Group Enterprises, Inc., for completion of the N.E. 1st Court utility improvements project, with funding from 442-5178-536-61.37. J. APPROVAL OF PAYMENT FOR SOFTWARE SUPPORT AT WATER TREATMENT PLANT: Approve payment in the amount of $32,768 to Control Systems Design, Inc., sole source provider, for software support service maintenance on the operating system at the Water Treatment Plant, with funding from 441-5122-536-46.90. K. RULES AND REGULATIONS OF THE HISTORIC PRESERVATION BOARD: Approve the Rules and Regulations of the Historic Preservation Board, as revised and adopted by the Historic Preservation Board on June 18, 1997. L. RESOLUTION NO. 78-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 21 properties throughout the City. -3- Regular Commission Meeting October 21, 1997 M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board during the period October 6 through October 17, 1997. ~ N. AWARD OF BIDS AND CONTRACTS: 1. Contract renewal in the total annual amount of $31,200 to U.S. Filter/Davis Process for maintenance of wet scrubbers at Lift Stations 1, 4, 11 & 80, with funding from 441-5144-536-52.21. 9. Regular Agenda: A. AUTHORIZATION TO PROCEED WITH EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY: Consider authorizing staff to commence the process for expansion of the Downtown Development Authority to include the West Atlantic Avenue corridor between Swinton Avenue and 1-95. B. SPECIAL EVENT APPROVAL/ART AND JAZZ ON THE AVENUE: Consider a request for special event approval for two (2) Art and Jazz events to be held on October 30 and December 11, 1997, including closure of Atlantic Avenue from Swinton Avenue east to Salina Avenue, staff support including overtime and use of City equipment. C. BID AWARD/LUCAS MARINE CONSTRUCTION, INC.: Consider approval of a bid award in the amount of $97,955 to Lucas Marine Construction, Inc. as the lowest responsive bidder (second low bidder) for removal and replacement of the boardwalk at Atlantic Dunes Park, with funding from 334-4170-572-63.48 through budget transfer from 334-6511-581-99.01. D. PROPOSAL FOR TRAFFIC SIGNALIZATION AT ATLANTIC AVENUE AND WHATLEY ROAD/FLORIDA DEPARTMENT OF TRANSPORTATION: Consider traffic signal installation at the intersection of Atlantic Avenue and Whatley Road as proposed by the Florida Department of Transportation. E. LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY/GROVE SQUARE, INC.: Consider approval of a license agreement with Grove Square, Inc. for use of two public parking spaces adjacent to its business at 250 East Atlantic Avenue to provide valet parking for customers between 5:00 p.m. and 1:00 a.m. F. SETTLEMENT OFFER AND FILING OF OFFER OF JUDGMENT/VIRGINIA SNYDER V. CITY OF ..DELRAY BEACH, FLORIDA, ET AL: Consider Plaintiff's offer of settlement and outside counsel's request to file an Offer of Judgment on behalf of the Defendants in the referenced matter. G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two student members to the Education Board for one and two year terms, ending July 31, 1998 and July 31, 1999, respectively. The --4-- Regular Commission Meeting October 21, 1997 appointments will be made by Commissioner Randolph and Mayor Alperin. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 1999. The appointment will be made by Commissioner Schmidt. 10. Public Hearings: None 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. 44-97: An ordinance amending Section 4.3.4(J) (1), "Height", Section 4.3.4(K), "Development Standards Matrix", and Appendix "A", "Definitions", of the Land Development Regulations to enact regulations intended to mitigate the effects of large home construction on adjacent properties and surrounding neighborhoods. If passed, a public hearing will be scheduled for November 4, 1997. B. ORDINANCE NO. 45-97: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", Section 101.15 "Definitions", of the City Code to provide for the inclusion of Lot 8, Block E of the Revised Plat of Blocks D & E, Palm Beach Shore Acres, within the definition of 'municipal beach' as set forth at Section 101.15 of the City Code. If passed, a public hearing will be scheduled for November 4, 1997. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Tate v. City of Delray Beach and Lake Worth Drainage District. Attendees: Mayor Jay Alperin Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney David Tolces Bill Doney, Esquire A certified court reporter Regular Commission Meeting October 21, 1997 Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. 15. SETTLEMENT OF TATE V. CITY OF DELRAY BEACH AND LAKE WORTH DRAINAGE DISTRICT: Consider settlement of the referenced matter. W~EREAS, the American Orchid Society is the largest special interest plant organization in the world, with over 29,000 members in 117 countries; and WHEREAS, the American Orchid Society works to provide information and knowledge concerning the production and use of orchids, and also works for environmental protection; and W~EREAS, the Delray Beach Orchid Society, in association with Old School Square, will present its 7th Annual American Orchid Society Show to be held in the Old School Square gymnasium from October 31 through November 2, 1997; and WHEREAS, participating will be 12 Orchid vendors as well as individual plant entries, including unusual table top displays, to be judged by the American Orchid Society (AOS). NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby encourage all citizens to come out and support the DELRAY BEACH ORCHID SOCIETY 7TH ANNUAL AOS JUDGED SHOW #ORCHIDS ON THE SQUARE" to be held at the Old School Square gymnasium on October 31, November 1 & 2, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21st day of October, 1997. MAYOR JAY ALPERIN SEAL WHERE~, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and W~EREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and W~EREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena; a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and W~EREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage; but in sixty percent of the cases, the cause is unknown; and W~EREAS, more than two million Americans are afflicted with some type of Epilepsy and of this number, 150,000 are Florida residents; and W~EREAS, with the administration of anticonvulsant drugs, two-thirds of those afflicted with Epilepsy are drug controlled so that workers with Epilepsy make reliable and conscientious workers who often rate better in job performance, attendance, safety and job stability that non-handicapped workers; and W~EREAS, studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare the month of November, 1997, as NATIONAL EPILEPSY AWARENESS MONTH in Delray Beach, Florida, and urge all of its citizens to become aware of this disorder and encourage those afflicted to take their rightful place in society and become productive citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21st day of October, 1997. MAYOR JAY ALPERIN RESOLUTION NO. 76-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MATTHEW "BUMP" MITCHELL, JR. FOR THIRTY (30) YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Matthew "Bump" Mitchell, Jr. was hired by the City of Delray Beach on October 1, 1967; and WHEREAS, on October 1, 1997, "Bump" Mitchell reached a milestone in his career, having achieved thirty (30) years of full-time public service with the City of Delray Beach; and WHEREAS, Sergeant Mitchell was hired to head the Police Department's Juvenile Division, a position he still holds, and has been a faithful and dedicated employee in the Police Department these past thirty (30) years; and WHEREAS, he has consistently performed any and all duties required of him in an exceptionally mature and professional manner, exhibiting competence and loyalty, especially his involvement with the City's youth; and WHEREAS, the services and knowledge provided by this dedicated employee are sincerely appreciated. NOW, THEREFORE, BE IT RESOLVED BY T~E CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: The City Commission of the City of Delray Beach, Florida, hereby recognizes and commends Sergeant Matthew Mitchell, Jr. for thirty (30) years of dedicated and faithful public service in the Juvenile Division of the Police Department. Section 2: The Delray Beach City Commission hereby expresses sincere thanks and appreciation to Sergeant Mitchell and wishes him the best of health and happiness as he continues his career with the City of Delray Beach. PASSED AND ADOPTED in regular session on this 21st day of October, 1997. /f /~ J ATTEST: ~it~ C~/~k - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ~ - MEETTNG OF OCTOBER FINAL BOUNDARY PLAT/HEGSTROM PROPERTY DATE: OCTOBER 17, 1997 This is before the Commission to approve the final boundary plat for two duplex lots located on the north side of NE 22nd Street for William and Grace Hegstrom. All applicable permits have been received and staff comments addressed. Recommend approval of the Hegstrom final boundary plat. Agenda Item No. ~ AGENDA REOUEST Date: Oct. 3, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Oct. 21, 1997 Description of item (who, what, where, how much): Approval of the Heqstrom Boundary_ Plat. All applicable permits have been received and staff comments addres~. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Hegstrom Boundary_ Plat, Department head signature: ~~, ~ ,&/~f~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~E~/NO~// Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved BC/gm File: tac-hegstrom agenda.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barton Caronite \' ~-~_~ ~ ~/~ Engineer I ~/~ S~CT: ~GSTROM BO~~Y PLAT DATE: October 3, 1997 Attached is an agenda request for Commission approval of the Hegstrom Boundary Plat. The proposed plat seeks to create two duplex lots. Planning and Zoning Board approval of the plat is not required. Also attached is the location map and reduced copy of the plat. If acceptable, please place this item on the October 21, 1997 Commission meeting for Commission approval. BC/gm attachment cc: TAC-HEGSTROM BOUNDARY PLAT Paul Dorling, Principle Planner file: s/eng/eng/tac/hegstrom/fnlpltsb.doc A~OCA[IO R,)An ~ , jL ~ --! ~ N.E. lg S~EET ~ ' ~ E~RONMENTAL SERVICES DEP~TME~ ~ HEGSTROM BOUNDARY P~T I:IT¥ OF DELRI:I¥ BEI:II:H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM 1993 TO: City Commission ne~ FROM: David N. Tolces, Assistant City Attor SUBJECT: Congress Park South Phase II - 12' Water Main EasemeqT The attached 12' easemem for a water main replaces the prior easemem grained by Levenger's to the City. Due to the expansion of the building, a new water line needed to be installed. As a result, Levenger's had to provide the City with the attached easement. The water line has already been installed within this easemem. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk Randal Krejarek, City Engineer Barron Caronite, Engineer I congpark.dnt Prm, tcd 0,'7 f'~.~l?¥'c'OJ P&P. Or Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made thisc~l~day of ~ 1997, by and between LEVENGER COMPANY, with a mailing address of 470 S. Congress Avenue, Delray Beach, Florida 33445, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, D¢lray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WlTNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WLTNESS itl: PARTY OF THE FIRST PART (name printed or typed) / (name printed or typed) STATE OF FLO~DA COUNTY OF ~ The foregoing instrument was ac~owledged before me this 1997 by ~ ~~ (name of officer or agent, title of officer or agent) of , ~~ (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personall7 known to ~e or has produced (type of identification) as identification. ~ ~( ' - ~ ~ ~ -~ ,. ,t.~ ~ ... ~~ it g~ghamre of NotarfPu~l~- State ~l '~*' ~~~1 of Florida harrls.agt PROPOSED 12' WATER EASEMENT LEVENGER FACILITIES DESCRIPTION: A PORTION OF TRACTS B AND C, REPLAT OF CONGRESS PARK SOUTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGES 190 AND 191 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: A STRIP OF LAND 12.00 FEET WIDE LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERUNE: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT B; THENCE EAST, ALONG THE NORTH LINE OF SAID TRACT B, 60.00 FEET TO THE POINT OF BEGINNING; THENCE S00'09'26'W, 171.91 FEET; THENCE SB9'SB',:34"E, 10.60 FEET TO REFERENCE POINT "A"; THENCE CONTINUE S89'58'34"E, ..308.81 FEET; THENCE N59'19'53"E, 13.6! FEET TO REFERENCE POINT "B"; THENCE CONTINUE N59'19'53'E, 9.51 FEET; THENCE NORTH, ALONG A ENE 6.00 FEET WEST OF AND PARALLEL WITH THE EAST UNE OF SAID TRACTS B AND C, A DISTANCE OF 275.28 FEET; THENCE N20'56'17"W, ALONG SAID PARALLEL LINE, 44.20 FEET TO REFERNECE POINT "C"; THENCE N89~4B'4B"W, 12.9g FEET; THENCE NOO'll'12"E, 33.33 FEET TO A POINT OF TERMINATION OF SAID CENTERLINE. TOGETHER WITH:. A STRIP OF LAND 12.00 FEET WIDE LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID REFERENCE POINT "A"; THENCE S00'01'26"W, 53.60 FEET TO A POINT OF TERMINATION OF SAIO CENTERMNE. TOGETHER WITH: A STRIP OF LAND 12.00 FEET WIDE LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID REFERENCE POINT "B"; THENCE S50'40'07"E, 10.6,3 FEET TO A POINT OF TERMINATION OF SAID CENTERUNE. TOGETHER WITH: A STRIP OF LANO 12.00 FEET WIDE LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERMNE: BEGINNING AT SAID REFERENCE POINT "C"; THENCE S89'48'48"E, 6.45 FEET TO A POINT OF TERMINATION OF SAID CENTERLINE ON SAID EAST BOUNDARY OF TRACT C. SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA UCENSED SURVEYOR AND MAPPER WHOSE SIGNATURE APPEARS BELOW. 2. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR .3. BEARINGS SHOWN HEREON ARE BASED ON THE PLAT WITH THE N. LINE OF TRACT B HAVING A BEARING OF EAST 4. ABBREVIATION LEGEND: P,O.C, - POINT OF COMMENCEMENT; P.O.B. = POINT OF BEGINNING; BDY. --- BOUNDARY; P.D. = PLAT BOOK; UE = UTILITY EASEMENT; WE : WATER EASEMENT; C/L = CENTERUNE CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEOGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON JUNE 4, lg97. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORID,~ BOARD OF PROFESSIONAL SURVEYORS AND KATHLEEN L. HALL, P.L.S. FLORIDA REGISTRATION NO. 4103 L.B. tjr6555 KAI"I-' E. BN b, HAL[. LANP 5Llevrl YIN i, INC bANI? 5LIL:'V YiI', / 5EF'VlCE.5 ENGR.DWG SCALE: 1' = 60' 23257 S.R. 7, SUITE 207 DATE: B/4/97 BOCA RATON, FL. 63428 SHEET 1 OF 2 (561)487-2447 JoB N0.:2123.9 PROPOSED 12' WATER EASEMENT LEVENGER FACILITIES NO0'I 1'12"E 33.33' ,.', /-hT.w. co..[. I'-. / TRACT B ~ Z~ EAST S. BDY. TRACTC [ g ~--""I6~1~0'--. . ,,..ii . . ,i..~. ~)y.. ,--... ~B TRACT I "" BUILDING "" ~ ~', 6' I LL (~ ~ N3g;.51 E~ ; · 13.61' "B '-.,,. s8g'58'3, .4"E 10.63' 10.j60' j EASEMENT (TYPICAL) LANI? 5LIL:'VEYII',E;i/C/~?P 5EF'VIC:E5 ENOR.DWG SCALE: 1" = 60' 2,3257 S.R. 7, SUITE 207 DATE: 6/4/g7 BOCA RATON, FL. ,3..3428 SHEET 2 OF 2 ~ (561)487-2447 JOB NO.:212.3.g [lTV DF DELRI:IV BEI:IC:K CiTY ATTORNEY S OFFICE ~ ~'0,9 N\V 1st A,. L,,UE · DELRA. Y BEACH, FLOR!DA 33444 FACSIMILE 407/275-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Cormnission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Alzheimer's Caring Center - Utility Easements In October, 1996, the City Commission accepted an easement from the Rainberry Lakes Homeowner's Association for utilities associated with the Alzheimer's Caring Center. Since the date of acceptance, the utilities were installed; however, the water and sewer lines were not installed completely within the previously granted easement. Therefore, the homeowner's association and the Alzheimer's Caring Center granted the City the attached replacement easements. In exchange for these three easements, the City should quit-claim the original easement back to the Rainberry Lakes Homeowner's Association. The Commission should approve the resolution which authorizes the exchange of the Quit Claim Deed for the three utility easements, one easement from the Rainberry Lakes Homeowner's Association and two easements from the Alzheimer's Community Care Association of Palm Beach and Martin Counties. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office RESOLUTION NO. 79-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO EXCHANGE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO RAINBERRY LAKES HOMEOWNER'S ASSOCIATION IN EXCHANGE FOR UTILITY EASEMENTS TO PROVIDE WATER AND SEWER TO THE ALZHEIMER'S CARING CENTER. WHEREAS, the City of Delray Beach, Florida, previously accepted and recorded the utility easement attached hereto as Exhibit "A"; and WHEREAS, since the date of recording the easement, the construction of the Alzheimer's Caring Center and associated utilities was completed; and WHEREAS, during the construction, the water and sewer lines were placed outside of the easement described in Exhibit "A"; and WHEREAS, in order to correct the error, the Rainberry ' Lakes Homeowner's Association and the Alzheimer s Community Care Association of Palm Beach and Martin Counties, Inc. have provided the City with replacement easements attached hereto as Exhibit "B"; and WHEREAS, in exchange for the easements described in Exhibit "B", the City will return the property interest described in Exhibit "A" by executing a quit claim deed, attached hereto as Exhibit "C"; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to exchange said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, in conjunction with the Rainberry Lakes Homeowner's Association and the Alzheimer's Community Care Association of Palm Beach and Martin Counties, Inc., hereby agree to exchange interests in property; said parcels being more particularly described in Exhibits "B" and "C" attached hereto. Section 2. That the costs of advertising shall be borne by the Rai~erry Lakes Homeowner's Association. PASSED AND ~OPTED in regular session on this the 21st day of October, 1997. ATTEST: J City- COrk ~ - 2 - Res. No. 79-97 :.;pared by: I~TURN: / Oavici N. Tolces, Esq. / C:ty Attorney's Office 200 N.~h'. 1st Avenue Delray Beach, Florida 33444 NOV-t9-t996 i1·1111111111111111111 TInS I~NOENT~RE, made ~ ~y of ~O~-/ . 199~. between State ofFlo6~ p~ of~e second p~: .... ~ESSETH: ~at ~e p~y of ~e ~t ~ for md in consider~on of ~e s~ of Ten ($10.~) Doll~ md o~er g~d md ~ble comid~r~om m it b~ ~d ~d by ~e said p~y of ~e s~nd p~ d~e ~pt of b~gai~ sell md rel~ ~to &e p~ of &e ~ond p~, i~ ~ccesson ~d ~si~, a fight of way ~d ~m~ ~ent for ~e p~ose of: ~la6on md m~mmce of pubic ugh6es ~ full ~d ~ figh~ li~, ~d au~ofi~ m enter u~n ~d m i~t~l, o~te, ~d main~ such ur~gcs well un.r, ~ross, ~oush ~d u~ over, ~der or ~ Ihe follow~g de.bed pro~y located ~ P~m Be~ Co~, Flo~ t~l: See ~ibit "A" a~h~ hereto Conco~t ~d coex~mive wi~ d~s figh~ is ~e ~er fight in ~e p~y of ~e ~cond pm, i~ ~uccesson ~d msigm, of ~gress ~d e~ess over ~ on ~m ~nion of lind de~d above, ~ effect ~e p~ses of ~e e~enL m ~pr~sed herei~er. ~t ~s e~ent ~all ~ subject offiy ~ ~ ememen~, res~cfiom, md res~atio~ of mco~. TMt &e p~ of ~e trot mortgages or liem ~cm~fing ~ ~e~t. ~e p~ of~e f~t p~ ~ a~es w e~ct no buil~g or eff~t my o~r ~d of com~fi~ or ~provements u~m ~e a~ve~e~d~d property. I~ is md~to~ ~m ~on completion of~h ~m~a~on, ~1 lm~ ~mb~ ~emby m a ms~t ofs~h ~la6on or spoil~e de~t~d ~eo~ ~1 ~ re~ored t- i~ o6g~ con~6on P~ of ~e F~t ~ d~s hereby ~y ~t ~ good ~ght ~ ~ au~od~ to ~enc~bered. ~ere ~e con~ of ~cl~e the succes~n or ~si~s of~e p~i~. EXHIBIT (' · ' :.' '. ' IN WrFNE$S Wl-~I~,f~OF, the parties to this En,semcnt Deed~'~set their hands ~nd seals day and year first above written. · ORB ~3~3 P~ ~1 wrI'N~SS #I: PARTY OF TIIE FI)~ST PART: (name printed or typed) (name~phnted or'~yped) Wir Ess _ {nan~ print~t or lyped) ;..~-'--', ~ ,. ,.2 L-~:-~: · ~-~--;:;.,. .... .....,¥,-...- ~ .,, .~. ~. :~--;.~,%',.- WITNESS#I; - ' "- ~ '.~ (nam~ printed or typed) (name primed or typed) WITNESS #2: (address) (name primed or typed) STATE OF FLORIDA COUlxrrY OF PALM BEACH The forego/rig instnm~cnt was acknowledged before me~tbi.~__~y of ~y'~.~ , 199 t.__, by '~1'"*' '"~- t~/ff.e.~- , who is ~6~onal]y kno~o me/or has p~oduced (t}.pe of identification) as identification. ~,~,,, .~.--. ,~me Signature of Notary Publlc-State ~ STATE OF FLOR. IDA COUNTY OF PALIVl BEACH The foregoing insmunent ~ acknowledged before me this d'.~y of , 199~, by , who is personally known ~o me/or bas produced (~pe of idemification) as idcntificntion. Signature of Notary Public-State of Florida ORB P9 OORO H, CLERK PB T~S IS NOT A S~VEY THE E~ST L~ OF ~ER~Y L~KE PHASE 2 37, P~g~S ~ ~5 IS ~SS~D EXHIBIT A ~I~EET ~ OF ~ ~,~:~ ~ OF RAINBERRY LAKE 37, PAGES 94 A~ 95 sEcrt~ L TOWNS~ 46 SOU~, RA~E 4JEASL PALM B~CH CO~TY, ~ORDA, DESCRIED AS ""L C~E AT THE NORT~AST CORER Or . RA~ERRY LAKE PHASE Z AS REC~ ~ ~AT ~ B~ 3~ PAGES 94 A~ 95 ~ T~ P~IC ~CO~S ~ PALM ~ACH GOUTY, ~OR~A; ~NCE S.~'39'42'W. ALONG r~ EASF L~ ~ SAD ~A r ~ RA~Y ~KE ~SE 2, 324.44 FEET TO ~ P~NT OF ~ ~E~; T~NCE N.38'OS"50'W., 108.40 FEET TO A P~T ~ A L~ 6 FEET NOR~ A~ I0 FEET ~ r~ ~TERSECTION OF ~ C~TERL~S OF 9TH ST~ET A~ RA~BERRY LAKE ~1~, AS SHO~N -. ....' ~... ~ SA~ PLAT OF RA~ERRY LAKE P~SE 2; T~NCE "" .:...~,,'/ . S.51~54'~"W. 24.00 FEET; T~NCE ~8'05'50~, 124. I3 '~'~ - ' ' FEET TO A PO~T ON r~ EAST L~ ~ SA~ ~AT OF ~:~ RA~ERRY LAKE PHASE 2; T~NCE N. IB'Jg"42~. ~u~ ........ ' ALONG SAD EAST L~. 28.70 FEET TO r~ Po~n~ N. SUffER o~r~: 2601 ~RTH FE~RAL C~TA~G 2,790 SQUARE FEET (0.064~ ACRE). ~A CERTIF~ATE ~[ 1314 OELRAY (¥07) 27&-~50~ (407) 7J2 *J27~ 96- 63 Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 15~ day of ~1~ , 1997, by and between RAINBERRY LAKES HOMEOWNER'S ASSOCIATION, INC., with a mailing address of 1240 S. Federal Highway, Boynton Beach, FL 33435, Atm. Florida Professional Business Systems, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities welt under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. EXHIBIT "B" IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WI~:~~~~ PARTY OF THE FIRST PART (name printed or typed) Print~/.a.a.a~: ~"'/r]-/~'~tJ /t~). (~3~ /~J WITNESS//2: ~~" (name farinted or typed) STATE OF FLORIDA cOUNTY OF e0. The foregoing instrument was acknowledged before me this ~,,~ day of a ~ 1997 by ~'~ ~ (name of officer or agent, title of officer or agent) of ]~/. ~O/~ (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ~j~_, _J~ ~ L~ (type of identification)as identification and did (did n~h.,~, _.. ~ f) Signature of Notary Public - State of Florida · ""' ~'/[H/z~/7 '~' A pared of land lying in Tract 'A" of Rainberry Lake Phase 2, according to the plat there-of as recmded in Plat Book 37 at Pages 94-95 of the public records of Pahn Bench Coum),, Florida, said parcel bring more fully described as follows: Commes~ce at die Needle. st corner of Sec~iun 7, Towndfip 46 5utah, l~.Be 43 ~st; Ih.:ce rua N 89 ~4'~ W, m~ assum~ ~aring, along the Northerly boundary of said Se~ion 7, ~.~ feet to ~im ~ int~ion with the W~t~y tight-of-way liue of Con~ress Avenue; thence ru. S 00 23'20' E~ 1.22~27 feet alms~ said W.t~ly li.e to a poi.t of c. rvv said c. rve ~nB con.ye to the W~( ~ havin8 a radi.s el 3759.8~ feet; th~l~ ru. Southwesterly al~tg said nsec, thru a. of 19 OJ'4S', an arc distance of 1,2S~.~ [~t to the end of said ~srve; th~Bce cmstinUv ~oBB the afo~d West~ly right.f-way line S 18 40'25" W, 720.39 feet to a poi,t; th~ce learS.8 s~d WeM li~ ~unN ~ ~'~" W, 373.61 feet lo the Northeast corner of the af~eme~0i~ Tra~ tlias~ ~ S 18 40' 25" W, alms8 the Easterly ~m~dary uf Tract "A", 305.01 f~t to a P~BI of Be~tmJ~ of the li~n d~i~ pardi; thence ~ntinue alon8 the previous c~rse, 28.08 feet to a ~int; t~nce I~vin~ said ~st line run N 51 38'35" W, 72.60 fm to a ~int in the ~theast~ly rigilt~f-way line M ~iB~ry ~ke Drive said ~nt iyiug in a ~e ~nc~ve to the~hwest and haviltg a radius of ~0 f~t; thetlce from a tangetzt ~itig N 45 41'3 I" E,. mn N~th~ly aloB8 said 'A'. ~ 48 51'2~ E. ~.t3 f~ to a ~nt in d~e East~ly ~unda~ 9f Trail ~A' and tile P~nt of WAI,TEI~ A. 'CORNNF, IJ,, INC . Engirmuru arid L~d Survo~ru " ~ 22 ~ 4th Street. U~O Rot~. ~ '3~432. Ph~e (4D'I) 591-5530 7~/.~ }~ NOT ~ ~o~VEy · A~HEIMER CARING - W~{~ A. ~eB, P~ 1757 ~ ,,c~ SCALE: ~r ~ JOB NO. Lands shown hereon were not obst,,:' ted for tltl~, t~,/~.~; Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 EASEMENT DEED Tills ._INDENT.URE_~ made_this .~O~,day of.7~.n,[ . 1997. bv and between Alzheimer's communl~y c./t~_a_s_~Ciri~19_O _~f~Pa-Im--B~a~h and ~lartin p~y of the fi~t p~, ~d the CITY OF DEL~Y BEACH, wi~ a mailing ad.ess of 100FL 33445 N.W. 1st Avenue, Delmy Beach, Florida 33~4, a m~cipal.co~ration in P~m Beach Co~ty, State of Flori~, p~y of~e second pa~: WITNESSETH: That the ~y of the first p~, fur ~d in consideration of the s~ of Ten ($10.00) ~il=s ~d o~er good ~d v~uable ~nsiderations to it in h~d p~d by ~e said p~y of the s~ond p~, the r~eipt of which is he.by ac~owledged, d~s hereby gr~t, b=gain, sell ~d rele~e unto ~e p~y of the second p~, its successors ~d ~aigns, a right of way ~d ~etual e~ement for ~e pu~ose of: installation ~d mainten~ce of public utilities with full ~d free right, liberty, ~d authority to enter upon ~d to install, operate, ~d maintain such utilities well under, across, ~ough ~d upon, over, ~der or wi~in ~e following described prope~y l~ated in Palm Beach Co~ty, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title ~to said land and will defend the same against the lawful claims of ali persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) Prim fiam~:-~"~ ' ~lary Iq. ~arn~s~ WITNESS #2: (name printed or typed) STATE OF FLORIDA COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this30th day of Dr.Ii June , 1997 by Mart Iq. Barnes, £xec. (hame of officer or agent, title of Alz'helmer'$ community C~re Association of Palm Beach and officer or agent) of Martin Counties, Inc. (name of corporation acknowledging), a Florida (state O~x~l~a~Rx~[tx~Tt~10figl0 corporation, on behalf of the corporation. ~E~e/She is personally known Io me~:ha~q~lx~JR~xxxx, xxx.xxxxxxxxx.xxxx (type of identification) as identification and did~-i~xq~ take/~n oath. .~oog, n~ture of 2q~tary Public - Sta~' ~'~ f Florida ~ OFFICIAL NOTARy £ASMENT.DED I BLANcA C DOMIN~;:jJ:'Z J NOTARY PUIJI'IC b'TA'ler-' ¢.~ FLOR iDA ~.- 37 5,~. ~" ~':)°03'45" ,,3 7~0 / ~7~.Col' / N~O , / zo~ ~~ ~AI,'I'I:I{ A. COIiNNi~;I.I,, t'r~jit,u~r u (If ItJ ' ' i'REi'ARED BY: AI.ZHFJMER CARING ~ .~_ ~.~ c~~ '"' Wahcr A. Comuell, I)~ 1757 Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE made this .~r-~'nday of O"(.~,v~' , 1997, by and between Alzheimer's Community ~,{%[~.%~%t~g;~-~--~Dx~cof Palm Beach and Martin ................... ~ ,,~=~. ~. · ~ u, :ue-ray party of the first part, and the CITY OF DELRAY BEAC~I, wl~ a marling a~dress ~'i2 100 Beach, FL N.W. 1st Avenue, Deiray Beach, Florida 33444, a municipal corporation in Palm Beach County, 33445 State of Florida, party of the second part: WlTNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described properly. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title ~to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS # i: PARTY OF THE FIRST PART (name printed or typed) Prin;Name: WITNESS #2: (name printed or typed) STATE OF FLORIDA COUNTY OF PALH BEACH The foregoing instrument was acknowledged before me this 30th day of June , , 1997 by I~ary M. Barnes, Exec. D~n~{ne of officer or agent, title of Alzheimer's Community Care Association of Palm Beach officer or agent) of and Martin Counties,In~ame of corporation acknowledging), a Florida (state o~x:~:~la(xx~xkzm~l~r~tkm) corporation, on behalf of the corporation. :nkt~She is personally known to mexx:~m.~md~a~kxxxxxxxxxxxxxxxxxxxxx did ~ OFHCIALNOTARySEAL ~ILANCA G ~NOTARy PUll!.lC. b'TATI: ¢)1: F! dP. IDA EASMEN I'.DED Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33~4 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this ~ day of July, 1997 by CITY OF DELRAY BEACH, and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, First Party, to: RAINBERRY LAKES HOMEOWNERS ASSOCIATION, INC., whose mailing address is 2100 Rainberry Lake Drive, Delray Beach, Florida 33445, Second Party: (Whenever used herein the term 'First Par~y" and "Second Party' include singular and plural, heirs, legal rep~sentafives, and assigns of individuals, and the succe~ors and assism of corporation, whenever the comext so admil.~ or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit- claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WIIEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS # 1: PARTY OF THE FIRST PART CITY OF DELRAY BEACH, FLORIDA By:. (name printed or typed) Jay Alperin, D.D.S., Mayor WITNESS #2: ATTEST: By:. (name printed or typed) Alison MacGregor Harty, City Clerk Approved as to Form: STATE OF FLORIDA David N. Tolces, Assistant City Attorney COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of July, 1997, by who is personally known to me/or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public-State of Florida quitdeed.agt EXHIBIT "C" ~_ THIS IS NOT' A SURVEY /. / ~ ~ PLAT eOOK JT, PA=ES ~ ANO 95 ~S ASSU~O '.~ EXHIBIT A SttEET I OF I ~/ X ~~ ' ~~ NORTHEAST CORNER OF RAI~ERRY LAKE JT, PAGES 94 A~ 95 r~ EAST O~ ~ACF (E 1/2) OF THAT PART OF SECTION ~ ~OWNE~ 4~ SOU~, RANGE 43EAST. PALM 8EACH COUNTY. ~OR~A, ~$CRIBED A5 N OF F~ LOWS: ~ BEGINniNG COM~N~ AT THE NOR~AST CORER OF RA~ERRY LAKE PHASE Z AS REC~O~ BOOK 3X, PACE$ 94 AND 95 OF ~ P~LIC RECO~S OF PALM ~ACH CO~TY, ~O~A; ~NCE ALONG ~ EAET L~ OF $A~ ~AT OF MA~ERRY ~KE ~ASE Z 324.44 FEEt ro ~ P~T BERG; T~NCE N.38'05'50'~., ~0~.40 FEET TO PO~T ~ A L~E ~ FEET NOR~ ~ ~ FEET WEST OF ~ ~ESECTION OF ~ C~TERL~S OF N.W. ON SA~ PL~ T OF ~AI~ERRY LAKE PHAEE 2; T~NCE FEET TO A p~r ON THE EAST L~ ~[, SAD ~LAT OF RA~BERRY LAKE PHASE 2; T~NCE N. I8 Jg'42'E. ALONG SA~ EAST L~. 28.70 FEET TO r~ OF 8EG~N~, P~FES~ SURVEYOR AND o'BR~, s~r[R a O~R~N. ~C 2601 NORTH FE~AL I~HWA Y CONTA~ Z790 SQUARE ~ET (0.064I ACRE,). ~A CERTIF~ATE ~. 13 14 ~LRAY 8EAClt FLOReA 33483 (407) 226-4501 (407) 7~-.~279 g6-6~ I ...... I~E'~Eig'ED' CITY CLERK September 26, 1997 Facilities Development s, opera'o,,, De~ent Ms. Allison Harty, City Clerk 3323 Belvedere Road, Building 503 City of Delray Beach west ~lr, Beach. ~- 3~400 1 00 N.W. 1st Street ¢0,233-0200 Delray Beach, FL 33444 FAX: Adm. (561) 233-0200 PREM: (501) 233-0210 Re: Conveyance of County Owned properties CID: (501) 233-0270 to the City of Delray Beach ht~p://www, co.palm-beach.fl.us PCN: 12'43-46-16-01-015-0480 12-43-46-16-01-023-0040 12-43-46-16-01-025-0030 12-43-46-16-01-030-0071 12-43-46-16-01-032-0220 12-43-46-16-01-033-0170 · 12-43-46-17-25-002-0210 12-43-46-17-25-002-0290 12-43-46-20-10-000-0100 12-43-46-0g-15-002-0280 12-43-46-0g-16-005-0031 12-43-46-17-01-004-0260 Palm Beach County Bo~,~ or co..~. 12-43-46-20-23-004-0082 12-43-46-21-01-005-0021 Commissioners Burt Aaronson. Chairman Dear Ms. Harry: Maude Ford Lee, Vice Chair Confirming our discussion on September 26, 1997, please find attached the ~renT. Ma~cus fully executed and recorded County Deeds which convey the County's interest in the subject properties to the City of Delray Beach. Carol ^. Roberts Warren H. Newell We again wish to thank the City of Delray Beach and in particular Diane ~ary ~:Car,y Dominguez, Director of Planning and Zoning, for your continuing cooperation and assistance in our joint efforts to determine and apply the best possible l~en L. Foster use for these properties. County Administrator Sincerely, Robert Weisman, P.E, Robert D. Strane Property Specialist RDS/mmr Attachments 'An Equ~! Opportunity C: Ross C. Hering, Director, PREM A.[.firmnC[ve Action Emplo. y~r' Diane Dominguez, City of Delray Beach Property Management File CORE File harry.let ~printedonrecycledpaper ~'D. MEMORANDUM TO: Lula Butler, Community Improvement Director FROM: Victoria Johnson, Program Specialist V~{/ DATE: October 15, 1997 SUBJECT: Conveyance of Palm Beach County Owned Properties Overview As you are aware, the City intends to accept the conveyance of 14 lots from the County's Lands Available list. ! have evaluated each of the parcels relative to their potential use in the Affordable Housing Program. The lots can be grouped in four categories: · Type A a lot of record which meets minimum size requirements and is suitable for new construction (3 of the lots fit this description) · Type B a lot of record which does not meet minimum size requirements but does adjoin a vacant parcel; acquisition of the adjoining parcel could create one or more buildable lots (3 of the lots fit this description) · Type C a lot of record which does not meet minimum size requirements and is "landlocked" between two structures; these lots could be sold to the owner of the adjoining property (4 of the lots fit this description) · Type D a lot of record or other piece of property which is too small to serve any useful purpose to the City; unless the City determines use as utility or road easement, should be deeded over to the adjoining property owner (4 lots) Lot by Lot Recommendation Type A Lots: 12-43-46-16-01-023-0040 12-43 -46-16-01-025-0030 12-43-46-16-01-033-0170 Each of these lots is 50 x 130, and is suitable for intill construction. Lot 4, Block 23 and Lot 3, Block 25, have each had prior residential use, and are thus eligible for the County impact fee credit. All three lots might be donated to the Habitat for Humanity Program. Type B Lots: 12-43-46-16-01-030-0071 12-43-46-16-01-032-0220 12-43-46-17-25 -002-0210 The vacant lots which adjoins Lot 7.1, Block 30 and LOt 22, Block 32 are owned by absentee owners. Since the lots are unbuildable, the owners are likely to sell at a low price. The vacant land which adjoins Lot 21, Block 2 is joined on the other side by an owner occupied residence. If we could buy just the south half of Lot 22, we would have created two sixty foot lots out of three forty foot lots. The homestead owners would have earned a profit fi.om the sale of half of their substandard lot, and a prime buildable lot would become immediately available for use in the Renaissance Program. Type C Lots: 12-43-46-16-01-015-0480 12-43-46-17-25-002-0290 12-43-46-20-10-000-0100 12-43-46-17-01-004-0260 Lot 48, Block 15, is not actually landlocked, but it sits between an existing house and a parcel of four combined lots owned by the Wesleyan Methodist Church. Unless the Church intends to sell their property (and the CRA or City is willing to buy), I would recommend that we sell our lot to the Church. Lot 29, Block 2 adjoins a owner occupied property and the owner has expressed interest in purchasing our lot. I suggested that he state his interest in writing and forward same to the city. Lot 10, Block 0, adjoins an owner occupied residence. Lot 26, Block 4, is less than 100 feet fi.om Atlantic Ave, adjoins a larger vacant parcel and should be offered for sale to the CRA. Type D Lots: 12-43-46-09-15-002-0280 12-43-46-09-16-005-0031 12-43 -46-20-23 -004-0082 12-43-46-21-01-005-0021 These lots are between 500 and 2000 square feet each, and have generally been identified as easement areas. They should be evaluated by the appropriate department staff to determine if they should be maintained by the City or deeded to the adjacent owner. Sun-mary Overall, six lots can be made available to eligible households for homeownership opportunities, several lots throughout the target area will have been upgraded to standard size, several existing property owners will have gained property value, and the entire set of transactions can pay for itself through the sale of four of the properties. DELRAYi ?PUBLIC ..~BEACN .B~ACH TENNIS' CLUB , C " ~~ ~RO~ H. WiL~, CLE~ PB CO~TY, 610 SW 2nd Street 1Z060 COUN~ DEED THIS DEED, made ~is ~ day of SIP [ ~ ~7 , , 1997 by PALM BEACH COUNt, FLORID~ a Politi~l Subdivision of ~e State of Florida, ~ose legal mailing address is 301 No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 pa~y of the fi~ paff, ~ ~E C~ OF DEL~Y B~CH, FLORIDA pady of the se~nd pa~, ~ose legal mailing address is 100 No~hwest 1 st Avenue, Delray Beach, Florida 3~4-2612. W I T N E S S E T H: ~t ~id ~ ~ ~e flint pa~, for and in ~nsideration of the sum ~Ten ~llam and ~ ~nts ($10.~) to ~ in ~nd paid by ~e pa~y of the se~nd pa~, ~ipt ~r~ is ~reby ackn~ledged, has granted, bargained and sold to the pa~y of · e se~nd pa~, its su~ssors and assigns forever, the following des~ibed real prope~y lying and being in Palm Beach County, Florida: LOT 48, BLOCK 15, ~P OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE P~T RECORDED IN P~T BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM B~CH COUNt, FLORIDA. BEING THE REAL PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK 9459, PAGE 1309, PUBLIC RECORDS OF PALM B~CH COUNt, FLORIDA. IN ~TNESS WHEREOF ~ ~id paffy ~ ~e flint pa~ has ~used these presents to ~ ex.ed in its ~me by ~s Board of County Commissioners acting by the Chai~an ~ Vi~Chai~an ~ said Board, ~e day and year aforesaid. A~EST: ~C~-~,~b,' PALM B~CH COUNt, FLORIDA, a ~_~ .. .... . ~ .,. Politi~l Subdivision of the State of Florida f~v ~ '~OA~F CQU~ COMMISSIONERS (OFFI~IAL ~L) APPROVED AS TO FORM AND LEGAL SUFFICIENCY As'~st;nt~C~ty Attorney .610 SW 2nd Street R~TURN TO: ~L~~ I Jllllii II!il II I i ili Iii 214 SW 5th Avenue COUN~DEED ~7 lZO 7 ~ THIS DEED, made ~is __ day of ~FP t I ~ , 1997 by PALM B~CH COUNt, FLORID~ a Politi~l Su~ivision of the State of Florida, ~ose legal mailing address is 301 No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 pa~y of the flint ~, and THE CI~ OF DEL~Y B~CH, FLORIDA pa~y of the se~nd pa~, ~ose legal mailing address is 100 No.west 1st Avenue, Delray Bea~, Florida 3~4-2612. W I T N E S S E T H: ~at ~id pa~ ~ ~e flint pa~, for and in ~nsideration of the sum ~Ten Dollam a~ ~ ~nts ($10.~) to it in ha~ paid by ~e ~y of the se~nd pa~, ~ipt ~ereof is hereby acknowledged, has granted, bargained and sold to the pa~y of ~ se~nd pa~, its su~ssors and assigns forever, the following described real prope~y yng and being in Palm Bea~ County, Florida: LOT 4, BLOCK 23, ~P OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE P~T RECORDED IN P~T BOOK 1, PAGE 3, PUBLIC RECORDS OF P~M BEACH COUNt, FLORIDA. BEING THE REAL PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK ~59, PAGE 1402, PUBLIC RECORDS OF PALM BEACH COUNt, FLORIDA. IN WITNESS WHEREOF the said party of the first party has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. AI'I'EST: ,,..._.,,,, PALM BEACH COUNTY, FLORIDA, a ..~,' c, ou~.~litical Subdivision of the State of Florida 0~... .... ..? ,, DOROTHy ~.1. WILKEN, CI~.-, W~ B~. -,o.~,, .~// , ~,,'~t-'" ~',~,D Ol= COUNT~ COMMISSIONERS ~'- .0 I=, ',../~O_'. f Chairman (OFFICIAL SEAL) APPROVED AS TO FORM AN~C¥ ~,~i~ t~unty Attorney 214 SW 5th Avenue ?!--i" 'i ~s~ ~~,~ AVENUE . ~ - ~.~ - _ ~ I~T [~v~Ntol ' ~J~-25-t997 4:14~m TD.$~ U~~~~ ~ROTHY H. WILF~N, CLERK PB C~Y, 329 ~ 5th Avenue ~ cou. R97 1Z 0 D TH)S DEED, made ~is __ day ~EP *~ ~ ~ , 1~7 by PAL~ B~CH COUNt, FLORIDA, a Polifi~l Subdivision of the State of Florida, ~osa legal maifing address (s 30~ No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 pa~y of the fi~t ~, a~ THE Ci~ OF DEL~Y B~CH, FLORIDA pa~ of ~e se~nd pa~, ~ose legal ma)ling address is lO0 No.west 1 st Avenue, Deiray Bem~, Florida 3~-2612. W I T N E S S E T H: ~m ~d pa~ d ~ fiat pa~, for mhd (n ~ns(deraUon of the sum d Ten Do))a~ and no ~s ($~ 0.~) to it in ~nd paid by the pady of the se~nd r~ipt ~ered is ~Feby a~owledged, has grented, bargained and sold to the pa~y of ~ s~nd pa~, ~s su~ssom and assigns forever, the following described rem) prope~y lying and being in Palm Bea~ County, Florida: LOT 3, BLOCK 25, ~P OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE P~T RECORDED iN P~T BOOK l, PAGE 3, PUBLIC RECORDS OF PAL~ BEACH COUNt, FLORIDA. BEING THE REAL PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK ~59, PAGE 1235, PUBLIC RECORDS OF PAL~ BEACH COUNt, FLORIDA. IN WITNESS WHEREOF the said party of the first party has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. ATTEST: PALM BEACH COUNTY, FLORIDA, a ....--~,~ Political Subdivision of the State of Florida DOROTHY H. WILKEN, .///,/ '-_~_~,~ I~E4~'.',C~ARD OF COUNTY_COMMISSIONERS ' [Jeputy Clerk ~,~:,"k Op, t~,.'(~'~/ - Of'airman (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~'~o'~unty A~tto;ney 329 NW 5th Avenue r SEP-25-~??7 4:~4~,a c/7--345502 RT TO: ~ 139 SW 5th Avenue COUNW DEED THIS DEED, made ~is __ day of SEP t { ~? , 1997 by PALM B~CH COUNt, FLORIDA, a Politi~l Su~ivision of ~e State of Florida, ~o~ legal mailing address is 301 Nodh Olive Avenue, West Palm Bea~, Florida 3~01~791 pady of the fi~ ~ ~ ~E C~ OF DEL~Y B~CH, FLORIDA pady of the se~nd pad, ~ose ~gal mailing address is 100 No.west 1st Avenue, Delmy Beach, Florida 3~-2612. W I T N E S S E T H: ~t ~id ~ ~ ~e flint pad, for and in ~nsideration of the mm ~Ten Dollam a~ no ~nts ($10.~) to E in ~nd paid by ~ pa~y of the se~nd pad, ~ipt ~ere~ is hereby a~nowledged, has granted, bargained and sold to the pady of fie s~d pa~, its su~s~m a~ assigns forever, ~e following des~ibed real prope~y lying and being in Palm Beach County, Florida: THE WEST ONE HALF (1D) OF LOT 7, BLOCK 30, ~P OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE P~T RECORDED IN P~T BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNt, FLORIDA BEING THE R~ PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICI~ RECORD BOOK 9459, PAGE 1137, PUBLIC RECORDS OF P~M B~CH COUNt, FLORIDA. IN WITNESS WHEREOF the said party of the first party has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. ATTEST: PALM BEACH COUNTY, FLORIDA, a ..~._...~,'~,~,h~olitical Subdivision of the State of Florida DOROTHY H. WILKEN, C'-e-~'.¥: .... '-~ % (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY 14:06 PREI'I 561 233 0210 139 SW 5th Avenue ..,, [ .._ l..Li .., ~ T! ,_ .. ,.,,.,_,.,, .... ,,,.,, ~,,: Vd. IqTLFtl',3T~ C AVENUE , ,., ~ ! m "' --- -- '- ;.. ~,~ i e J '~1 -- 1, .L~ LZ_ Z.Z Z . ~z I ,,.. --..~ 11 r ..Az. ~ ,.~ ~ ",~" ~ -~ ~ ,..v_ __-L*" . ~ 1.'~*--~=-- =; '-,o__~-- '% _ ~ -.!., ~ '~ g ~__ L~ ~o ~z ~z g .Z. it.-- 4 ...4 4.t "' I'.O ..,,~- ~' S W ND ~'i __ _~... ~ ,, . .'., ---. ~ , ,, ..-~ ~-~., - ~ ICj., I 3.~ i,~ _--~1~3,_, F -- ~, '; " 14~ gg.,.. ._, w 57_D. .ST= ...... I. ~ ~L~ n~ DOROT~/H. WI~D~, CLERK P~ ..... " R-324 8~ 4th Avenue OOUN~ DEED -. THIS DEED: made~i~ day of 8EP il ~ - , 1997 by PALM B~CH COUNt, FLORmDA, m Politi~m Subdivision of ~e 8tale of Florida, ~cee legal mailing nddress is 801 No~h Olive Avenue, West Palm Bea~, Florida 8~014791 pa~y of the f~ ~, ~d THE O~ OF DEL~Y B~OH, FLORIDA pady of the se~nd pa~, ~osa I~gal mailing address is 100 No~hwesl 1st Avenue, Delrey Bea~, Florida 8~-2612. W I T N E 8 8 E T H: ~t ~id pa~ ~ ~ first pa~, for and in ~nsiderafion of the sum ~Ten Dollnm nnd ~ ~nts ($10.~) lo it in ha~ paid by ~e pady of th~ ~nd pn~, ~ipt ~er~ i~ hereby n~nowledged, has gr~nled, bargained nnd sold (o the pa~y of ~e s~nd pa~, frs su~ssors and assigns forever, the following des~ibed real prope~y lying and being in Palm Beach County, Florida: LOT 22, BLOCK 82, ~P OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE P~T RECORDED IN P~T BOOK i, PAGE 8, PUBLIC RECORD8 OF PALM BEACH COUNt, FLORmDA. BEING THE REAL PROPER~ DESCRIBED IN THE Tg DEED RECORDED IN OFFICIAL RECORD BOOK 9459, PAGE 11~, PUBLIC RECORD8 OF PALM B~CH COUNt, FLORIDA. IN WITNESS WHEREOF the said party of the first party has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. Al-rEST: PALM BEACH COUNTY, FLORIDA, a ...._..~.;,,~,. Political Subdivision of the State of Florida DOROTHY H. WILKEN, Cle~ .~.0. p~.,,, ./Z . ,,~_~,:.~,~, 8~'.. ~ARDDF COUNTY COMMISSIONERS ' ~eputy Clerk ' ',,, ~,,'e'4 0 = ~ 0 t, ,,_".,c~_.~ ' ' "~}~airman - ,,,~;..... (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,.J~sis~adt C_~Yunty Attorney OCT--lO--199? i4:06 PREP! 5~1 2~ ~10 P. 08 R-324 SW 4th Avenue ~R~ & ~ E~TA~ ~EME~ 333 COUN~ DEED .- THIS DEED, made ~is __ day of-S~'t ~ ~l , 1997 by pALM B~CH COUNt, FLORIDA, a Politi~l Subdivision of ~e State of Florida, ~ose legal mailing address is 301 No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 pa~y of the flint ~, a~ THE C~ OF DEL~Y B~CH, FLORIDA pa~y of ~e se~nd pa~, ~ose legal mailing address is 1~ No~hwest 1~ Avenue, Delray Bea~, Florida 3~-2612. W I T N E S S E T H: ~ ~id ~ ~ ~ fi~ pa~, for and in ~nsideration of the sum ~ Ten Dollam and no ~nts ($10.~) to ~ in ~nd paid by ~e pa~y of the se~nd pa~, ~i~ ~ere~ is hereby acknowledged, has granted, bargained and sold to the pa~y of ~ ~nd pa~, ~s su~ssors a~ assigns forever, the following described mai prope~y lying and ~ing in Palm Beach County, Florida: THE SOUTH 50 FEET OF THE NORTH 300 FEET OF THE WEST 135 FEET OF BLOCK 33, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE P~T RECORDED IN P~T BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNt, FLORIDA. BEING THE REAL PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK ~59, PAGE 1038, PUBLIC RECORDS OF P~M B~CH COUNt, FLORIDA. IN WITNESS WHEREOF the said party of the first party has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. ATrEST: PALM BEACH COUNTY, FLORIDA, a .._-.-~,'~'~'~.,,~olitical Subdivision of the State of Florida ...~(.,.'". .... .? % DOROTHY H. WILKEN, CI.._e~:. _. ii-' -o ,0 ' ~,':q~'~ ~=40-~_~RD ~ COUN~OMMISSIONERS TY. :~"- (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY "ley" 333 NW 4th Avenue , (EP-25-i997 4:leto 97--345503 . - ORB t0005 Pg :337 /RETUIITO: I IIIiill Ilill I II II !1 III /~.s~ DORO~ H. WIL~EN, CLE~ PB ..... ~$T P~ ~, ~ ~1~ 216 ~ 8th Avenue COUN~DEED THIS DEED,'made ~is __ day of *SEP S ~ ~7 , 1997 by PALM BEACH COUNt, FLORID~ a Politi~l Subdivision of ~e State of Florida, ~ose legal mailing address is 301 No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 paay of the fi~ ~, and ~E C~ OF DEL~Y B~CH, FLORIDA pa~y of ~e se~nd pa~, ~ose legal mailing address is 100 No~hwest 1st Avenue, Delray Beach, Florida 3~-2612. W I T N E S S E T H: ~t ~id ~ ~ ~ fi~ pad, for and in ~nsidemtion of the ~ ~ Ten Dollam and no ~nts ($10.~) to it in ~nd ~id by ~ pa~y of the se~nd pa~, ~ipt ~er~ is ~eby a~nowledged, has granted, bargained and sold to the pa~y of ~ ~ ~, its su~ssors and assigns forever, the following des~ibed real prope~y lying and being in Palm Bea~ County, Florida: LOT 21, BLOCK B, TOURIST NO0~ DEL~Y, FLORID~ ACCORDING TO THE P~T RECORDED IN P~T BOOK 11, PAGE 47, PUBLIC RECORDS OF PALM BEACH COUNt, FLORIDA. BEING THE REAL PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK 95~, PAGE 1~, PUBLIC RECORDS OF P~M B~CH COUNt, FLORIDA. IN ~NESS ~EREOF ~ ~id pa~ ~ ~ fi~ pa~ has ~used these presents ~ ~ ex.ed in its name by ~ Board of Coun~ Commissioners a~ing by the Chai~an m ~hai~an of said Board, ~e day and year ~omsaid. A~EST: P~M B~CH COUNt, FLORIDA, a ~"~'A~b, Politi~l Subdivision of the State of Florida (OFFIC~L S~L) APPRO~D AS TO FORM - ~D LEG~ SUFFICIENCY ~s~n~unty AUomey 216 NW 8th Avenue / SEP-25-t997 4:~4~m ~?--345504 ru.N~o: ORB ~0005 P~ ~8 ~D.S~ I ]llllli Ilill i I I!! il II! ~ ~ ~ DOROTHY H. ~ILKEN~ CLE~ 244 ~ 8th Avenue OOUN~ DE~D THIS D~ED, m~d~ ~i~ ~ day of ~EP 1 ~ ~ , ~997 by PAL~ gOUt, FLORIDA, a Politi~l Subdivision of ~e St~t~ of Florida, ~o~e 1~9~1 m~ilin9 addr~ i~ ~0~ No~h Oliv~ Avenue, W~t Palm B~, Florid~ 3~0~79~ p~y of the fi~ ~ ~d THE O~ OF DEL~Y B~CH, FkORIDA pa~y of ~e ~e~nd p~, I~g~l mailing ~ddre~ i~ J~ No~hwe~t J~t Aven~e, Oolr~y Be~, Florida W I T N E ~ S E T H: ~t ~id p~ ~ ~e fi~t pa~, for and in ~n~i~eration of the ·um ~T~ Doll~ and ~ ~nt~ ($J0.~) to it in ~nd ~id by ~e ~y of th~ ~nd p~, lyin9 and b~in9 in P~lm Be~ COUnty, LOT 29, BLOCK B, TOURIST NOO~ DEL~Y, FLO~ID~ ACCORDING TO THE P~T ~EOO~DED IN P~T BOO~ J J, PAGE 47, PUBLIC OF PAL~ BEACH COUNt, FLORIDA. BEING THE REAL P~OPER~ DESC~IBEO IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK ~59, PAGE 53J, PUBLIC RECORDS OF PAL~ B~OH FLORIDA. IN ~TNESS WHEREOF ~ ~id pa~y ~ ~e fir~ ~ has ~used these presents to ~ ex~ in its name by ~s Board of County Commissioners a~ing by the Chai~an ~ Vi~hai~an of said Board, ~e day and year ~omsaid. A~EST: ~..~_ P~M B~CH COUNt, FLORIDA, a st=t ~.-.. --.W,~, DOROTHY H. WIL~N, ~ , ' . o ,ss, (OFFIGIAL SEAL) ~PRO~D AS TO FORM ~D LEG~ 8UFFIGIENGY O,_-T_IO-l?~3~, i4:~9 PREH 561 233 ~210 P. 11 244 NW 8th Avenue o 6'9 .... · P-2~o~97 4:14~m c~7--~45505 ~RT O. S~ ~R~&R~ESTA;~GEME; ! ]llllll Ilill ii I I Iii Ell ~ ~ ~: 12~1~1~ R-411 SW 5th Avenue ~ R~ COUN~ DEED THIS DEED, made ~s~ day of ~ ~ ~ ~ ,1997 by PALM BEACM CO~N~, FLORIDA, a Politi~l Su~Msiom of ~e State ~ Florida, ~ose legal ma~lim~ address ~s M0~ No~h O~Ne Avemue, West Palm Bea~, F~odda ~01 ~79~ pm~y of the fi~ ~, ~ THE C~ OF DEL~Y BEACH, FLORIDA pa~y of the seared ~al mailim~ address is 100 No~hwest 1st Avenue, Delra~ Beach, Florida ~4-2~12. W I T N E S S E T H: ~t ~id ~ ~ ~ fiat pa~, for am~ in ~nsideratiom of the sum of Tern Do]lam amd no ~mts ($10.~) to ~ im ~md p~id by ~e pa~y of the seared p~, r~ipt ~re~ is hereby a~owledged, has granted, bargained and sold to the pa~y of ~ s~nd pa~, its su~ssom and assigns forever, the following des~ibed real prope~y lying and being in Palm Bea~ County, Florida: LOT 10, SUNDY AND TENBROOK ADDITION TO DEL~Y, FLORIDA, ACCORDING TO THE P~T RECORDED IN P~T BOOK 12, PAGE 32, PUBLIC RECORDS OF PALM B~CH COUNt, FLORIDA. BEING THE REAL PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICI~ RECORD BOOK ~59, PAGE ~, PUBLIC RECORDS OF P~M B~CH COUNt, FLORIDA. IN ~TNESS WHEREOF ~e ~id pa~ ~ ~e first pa~ has ~used these presents to ~ exe~ed in ~s na~ by its Board of Coun~ Commissioners a~ing by the Chairman or ~Chai~an of said Board, the day and year ~omsaid. A~EST: PALM B~CH COUNt, FLORIDA, a ~..~'~,%, Politi~l Subdivision of the State of Florida DOROTHY H. WILKEN, =-- -,, ~:' ~'~',~ .~ ~,";¢ 8~e >?~ARD~F COUN~MMISSIONERS By: T ~ (OFFICIAL S~L) APPROVED AS TO FORM ~D LEG~ SUFFICIENCY _ ~i~unty Attorney ~~.~ 1,4:10 PREI.1 ~6:Z 2"~,"3 02:1.0 P, 12 R-411. SW 5th Avenue ~P-25-t797 4: ~.4Pm ~RT D. S~ ~R~ & R~ ESTA~ ~GEME~ ~L~.~.~ ~ROTHY H. Wi~N, ~LE~K PB ~u~,~ '~, FL ~ST P~ ~, ~ ~1~ ~-602 ~lle: ~o~d ~OUN~ ' THIS DEED~ made"t~s · day of $EP ~ ~ ~' , 1997 by PALM B~CH COUNt, FLORIDA, a Politi~l Subdivision ~ ~e State of Florida, ~ose legal mailing address is 301 No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 pa~y of~e flit ~R, and ~E C~ OF DEL~Y B~CH, FLORIDA pa~ of the se~nd pa~, ~ose legal mailing address is 100 No~hwest 1st Avenue, Delray Beach, Florida 3~-2612. W I T N E S S E T H: ~at ~id pa~ ~ ~e flit pa~, for and in ~nsidemtion of the sum ~Ten Dollam and no ~nts ($10.~) to it in ~nd paid by ~e pa~y of the se~nd pa~, r~ipt ~emof is hereby acknowledged, has granted, bargained and sold to the pa~y of ~ s~nd ~, ~s su~ssom and assigns forever, the following des~ibed real prope~y lying and being in Palm Beach County, Florida: THAT PART OF THE 15 FOOT ALLEY (NOW ABANDONED) LYING ADJACENT TO AND SOUTHERLY OF LOTS 7, 8, AND 9, BLOCK B, SNOW HILL, ACCORDING TO THE P~T RECORDED IN P~T BOOK 21, PAGE 83, PUBLIC RECORDS OF PALM BEACH COUNt, FLORIDA. BEING THE R~L PROPER~ DESCRIBED UNDER T~ CERTIFICATE ~2248 IN THE FINAL JUDGEMENT RECORDED IN OFFICIAL RECORD BOOK 1~2, PAGE 13~, PUBLIC RECORDS OF PALM BEACH COUNt, FLORIDA. IN ~TNESS WHEREOF ~e ~id pa~ ~ ~ fi~ pa~ has ~used these presents ~ ~ ex~ in ~s name by Es Board of Coun~ Commissioners a~ing by ~e Chai~an or ~-Chairman of said Board, the day and year aforesaid. A~EST: PALM BEACH COUNt, FLORIDA, a ..~,,~ Politi~l Subdivision of the State of Florida DOROTHY H. WIL~N, v,. ~:~L~ 8E."~R~F COU~ COMMISSIONERS ' Dep~y Cle~ ",,,. ~,~4 A_ XO~,~ ~hairman (OFFICIAL S~L) APPRO~D AS TO FORM ~D LEGAL SUFFICIENCY ~~ounty ~ttom,y R-602 All~n Road ' 7.:i?~ .... ~ . .. ~ .~ g _T i~~ ~ " / / R()~ERTD. STRANE I ]lllill II!11 ! ! II!B! j PROPERTY&RE.N..ESTATEMANAGEMENT ' ~,"~ ~' ~, ,,~ , ~, ~3 SEL~RE RO~ 121 ~-805 ~E 9th Avenue OOUN~ D~D "' THIS DEED; ~a~e'lhis __ day of S~P ~ ~ ~ , 1997 by PALM BEACH COUNt, FLORIDA, a Politi~l Subdivision of the State of Florida, ~o~e legal mailing address is 20i No~h Olive Avenue, Wes~ Palm Beach, Florida 2~01~791 pa~y of the ~ pa~, and THE Ol~ OF DEL~Y BEAGM, FLORIDA pa~y of the ~econd pa~, legal mailing address is 100 No~hwest 1st Avenue, Delray Beach, Florida 2~44-2612. W I T N E S S E T H: ~at ~aid padv of ~e first pad, for and in consideration of the sum often Dollars and no ~nts ($10.~) to i1 in hand paid by fhe pady of fhe second pad, r~ip~ ~ereof is hereby acknowledged, hms granted, bargained and sold to the pady of the se~nd pa~, its su~s~om and assigns forever, the following described real properly lying and being in Palm Beach County, Florida: THE WEST ONE HALF (1/2) OF THE ABANDONED ALLEY LYING EASTERLY OF AND ADJACENT TO LOT 3, BLOGK 5, SOPHIA FREY SUBDiViSION, ADDmON TO DEL~Y, PALM BEAOH COUNW, FLORIDA, AGGORDING TO THE P~T REGORDED IN P~T BOOK 4, PAGE 37, PUBLIO REGORDS OF PALM BEAOH OOUNW, FLORIDA. BEING THE REAL PROPER~ DESORIBED IN THE T~ DEED RECORDED IN OFFIOIAL REOORD BOOK 99~0, PAGE 1329, PUBLIO REOORDS OF PALM BEACH OOUNW, FLORIDA. IN ~TN~$$ WH~O5 the said pady of ~e ~rst pady ha~ ~used fhe~e presents to ~ ex~ed in its name by its Board of County Commissioners acting by the Chairman or Vice-Oha~an of said Board, the day and year aforesaid. A~EST: PALM BEACH OOUNW, FLORIDA, a m..-~'~Rqliti~l Subdivision of the Sta~e of Florida DOROTHY H. WlLKEN, (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ttomey OCT-IO-i~, 14:11 PREH 561 233 0210 P. lJ ~RETURNTO: I JIIIIil IIII! I il I ill Iii /ROI~r.,RT D. STRANE /~TY~ES~^TE~E~N~ DOROTHY H. WILk~N, CLERK PB COUNTY, FL /~,T~.3 BELVEDERE ROAD P,-25 ~ 8th Avenue ~' COUNI~I~ DEED ~" THIS DEED,' made ~13is _ day of SEP 1 1 ~7 , 1997 by PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida, whose legal mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401-4791 party of the first part, and THE CITY OF DELRAY BEACH, FLORIDA party of the second part, whose legal mailing address is 100 Northwest 1st Avenue, Delray Beach, Florida 33444-2612. W I T N E S S E T H: That said party of the first part, for and in consideration of the sum ofTen Dollars and no cents ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described real property lying and being in Palm Beach County, Florida: LOT 26, BLOCK4, MONROE SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA BEING THE REAL PROPERTY DESCRIBED IN THE TAX DEED RECORDED IN OFFICIAL RECORD BOOK 9459, PAGE 1241, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. IN WITNESS WHEREOF the said party of the first party has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. Al-rEST: PALM BEACH COUNTY, FLORIDA, a ,..-...-~,~olitical Subdivision of the State of Florida DOROTH~ I!. WlLKEN, Cler~'~::)~o-°-°- -'"-~..~,,~'"~ ":"';._. · ~ _ _~.o,, ,--"~"~ ~E~.O~F COUN'I'X COMMISSIONERS (OFFICIAL SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ u~~~ty ~tt Orne~--~ 1-4: 1~ PREH 561 2373 0210 P. ~ R-25 NW 8th Avenue ~ ?0: I~RT D. STI~J'~E ~~ O~ ~OOO~ P~ 342 KTP--~,K~s~ I Jllllli IIIII Ill t111 Ill 119 ~allace g~e COUN~ DEED ':' THIS DEED, mad~s_ day of SEP lJ ~7 , 1997 by PALM B~CH OOUN~, FLORID~, ~ Politi~l ~ubdivision of the State of Flodd~, ~ose legGI mailing address is 301 No~ Olive Avenue, West Palm Bea~, Florida 3~01~791 p~y of the fi~t ~ Gnd THE Cl~ OF DEL~Y B~CH, FLORIDA p~y ~ the se~nd p~, ~ose legal m~JJJRg 8ddress is ~ 00 No~hwesJ 1 st Avenue, DelrGy Bea~, Florida ~-2612. W I T N E S S ~ T H: ~t ~id pa~ ~ ~ fi~t pa~, for and in ~nsideration of the sum ~ Ten Dollars ~nd no ~nts ($10.~) to it in h~nd p~id by ~e p~y of the se~nd p~, ~ipt ~ereof is ~reby ~cknowledged, has granted, bargained and sold to the pa~y of ~ s~nd pa~, its su~sso~ ~nd ~ssigns forever, the following described mGI prope~y lying ~nd being in P~lm ~e~oh Oounty, Florida: THE NORTH 55 FEET OF LOT 8, BLOCK D, P~T OF 8UNN~ ACRES, ACCORDING TO THE P~T RECORDED IN P~T BOOK 21, PAGE 63, PUBLIC RECORDS OF PALM B~CH COUNt, FLORIDA. BEIN~ THE R~ PROPER~ DESCRIBED UNDER T~ CERTIFICATE ~48 IN THE FINAL JUDGEMENT RECORDED IN OFFICIAL RECORD BOOK 1902, PAGE 13~, PUBLIC RECORD8 OF PALM BEACH COUNt, FLORIDA. IN ~TNESS WHEREOF ~ ~id pa~ ~ ~ first pa~ has ~used these presents to ~ ex.ed in its ~me by ~s Board of County Commissioners aming by the Ohai~an or Vi~-Ohai~an of said Board, ~e day and year ~oresaid. A~EST: P~M B~OH COUNt, FLORIDA, a ~..,,,~. Politi~l ~ubdivision of the ~t~te of Florid~ DOROTHY H. W L N, .~ ~;~ B~':~ARD ~F COUN~COMMISSlONERS ' ~eputy clerk' '"',,,¢;(~t ORIO~,~' - ~hairman (OFFICIAL SEAL) ~PROVED AS TO FORM AND~NCY ~st~ounty At~rney ~13.~ -7~7 0CT--10--1_.'39'7, lq:13 PREI.! ~61 233 0210 P.1E. 119 Wallace Drive .I /rru ' IEP-~-Ic~7 4:t~Pm 97--~4~509 OR8 ~000~ P; ~4~ T~ I JI I II I i ! I I I I !! I!111 !il ~.~.s~ ~R0~ H. WIL~, C~RK PB C~TY, ~R~ & ~ ESTA~ ~E~ R97 121 9D 306 S~ 5th Street COUN~ DEED THIS DEED, ~de ~is ~ day of ~Fp ~ I ~ , 1997 by PALU BEACH COUNt, FLORIDA, a Politi~l Su~ivision of ~e State of Florida, ~ose legal mailing address is 301 No~h Olive Avenue, West Palm Bea~, Florida 3~01~791 pa~y of the fi~ ~C ~d ~E C~ OF DELUY B~CH, FLORIDA pm~y of the se~nd legal mailing address is 1~ No.west 1st Avenue, Delray Bea~, Florida 3~-2612. W I T N E S S E T H: ~t said pa~ of ~e first pa~, for and in ~nsideration of the sum often Do)la~ and no ~nts ($10.~) to it in hand paid by ~e pa~y of the se~nd ~ipt ~er~ is hereby a~nowledged, has granted, bargained and sold to the pa~y of ~e se~nd pa~, ~s su~ssors and assigns forever, the following described real prope~y lying and being in Palm Beach County, Florida: ~E ~ST 15 FEET OF LOT 2, BLOCK 5, OSCEO~ PARK, ACCORDING TO THE P~T RECORDED IN P~T BOOK 3, PAGE 2, PUBLIC RECORDS OF PALU BEACH COUNt, FLORIDA. BEING THE R~L PROPER~ DESCRIBED IN THE T~ DEED RECORDED IN OFFICIAL RECORD BOOK 95~, PAGE 1105, PUBLIC RECORDS OF P~U B~CH COUNt, FLORIDA. IN ~TNESS ~EREOF ~e ~id pa~y of ~ fi~t ~ has ~used these presents to ~ exe~ed in its na~ by ~s Board of County Commissioners a~ing by the Chai~an or Vi~-Chai~n of s~id Board, ~e day and year aforesaid. A~EST: PALU BEACH COUNt, FLORIDA, a ...~,,,, Politi~l Subdivision of the State of Florida DOROTHY H. WiLKEN, ~ ' ~J'~ ~:~RD OF COUN~ COUUISSIONERS By. NTy Deputy Cle~' "~,.~ On ~0~.~-~ ~ai~an (OFFIC~ S~L) APPRO~D A~ TO FOR~ ~D LEGAL SUFFICIENCY ~i~a~unty AUorney ~14.~1-7~7 306 SE 5th Street ., ~,~..,. .,"-.. ..~," ,.~ ~.~-/q ~ -- I TOTAL F'. i? [ITY JIF [IELAAY BEA[H Writer's Direct Line: (561) 243-7090 P eLL roaY~ ~,e^.c ~ Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: In-Lieu Parking Agreement - Caffe Luna Rosa. Inc.. 34 S. Ocean Blvd. The attached In-Lieu Parking Agreement is proposed by Caffe Luna Rosa in conjunction with the improvements for the restaurant. As part of the improvements, the owner must provide one additional parking space. Due to space limitations, the owner is unable to provide the parking on-site. Pursuant to Section 4.6.9(E)(3), of the City's Land Development Regulations, in the event on-site parking is not feasible, the City Commission may approve an in-lieu of parking fee agreement. This agreement provides for three annual payments of $2,000.00 to cover the $6,000.00 cost for one parking space. The first payment will be made if the Commission approves the agreement. If approved, this agreement will be recorded in the public records. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk Diane Dominguez, Planning & Zoning Director Scott Thatcher, Assistant Planner lunaros.dnt Pnnted on Rpcycled P,:~per MEMORANDUM TO: DAVID TOLCES ASSISTANT CITY ATTORNEY FROM: PLANNING AND ZONING DEPARTMENT PROJECT NAME: LUNA ROSA CAFE (34 S. OCEAN BOULEVARD) TYPE OF ACTION: IN-LIEU PARKING FEE AGREEMENT PROJECT PLANNER: SCOTT THATCHER ~-. 1/.~c( {¢~(~"7 ASSISTANT PLANNER.--.~, ~' DATE: SEPTEMBER 19, 1997 The above referenced property has applied for the creation of 306 sq.ft. of additional restaurant space. With this application a total of two (2) parking spaces would be required. Pursuant to Land Development Regulations Section (LDR) Section 4.4.13(G)(1)(b), when parking requirements are applied to new development or a change in use, said parking requirements can be reduced by one (1) parking space on a one time basis. After deducing that space in accordance with this code section, one (1) parking space is required for the addition. Pursuant to LDR 4.6.9(E)(3), development in the Central Business District, with Commission approval, may opt to pay a fee of $6,000 per space in-lieu of providing required parking. The applicant has proposed using the in-lieu fee option to provide the required parking. Please use the following information to draft an in-lieu fee agreement. Owner: Francis Marincola Property Address: 34 S. Ocean Avenue, Delray Beach, FL 33483 (Cafe Luna Rosa) Applicant (Architect): Robert G. Currie Partnership Applicant's Address: 134 N.E. 1st Avenue, Delray Beach, FL 33444 Legal Description: See attached survey )_661 This instrument was prepared by and return to: David N. Tolces, Esq. 200 N.W. 1st Avenue Delray Beach, FL 33444 IN-LIEU OF PARKING FI~E AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the II'day of ~ 1997, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (the "City"), and CAFFE LUNA ROSA, INC., a Florida corporation, whose address is 34 S. Ocean Blvd., Delray Beach, Florida ("Owner"). WHEREAS, Owner is the owner of certain real property located at 36 S. Ocean Avenue, Delray Beach, Florida 33483 (the "Property"); and WHEREAS, Owner has applied to the City for approval to construct an addition to the existing commercial building on the Property; and WHEREAS, as a condition to approval of construction of the building on the property, Owner must provide certain parking as required under the City's Land Development Regulations. Land Development Regulations Section 4.6.9(E)(3) further provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WI-IEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing one (1) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Land Development Regulations Section 4.6.9(E)(3) further provides that the in-lieu parking fee shall be Six Thousand Dollars ($6,000.00) per parking space and may be paid in installments; and WHEREAS, Owner has elected to pay the in-lieu parking fee in installments pursuant to Land Development Regulations Section 4.6.9(E)(3)(d); and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in-lieu parking fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. INCORPORATION OF RECITALS. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. PROPERTY. The Property to which this Agreement applies is legally described as follows: Parcel 2 A part of the lands in Lots 2 & 3, Block 1 OCEAN PARK, according to the plat thereof, recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida; TOGETHER with an easement over and across the North 10 feet of Lot 4, Block 1 OCEAN PARK, according to the plat thereof recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida, the part of the lands hereby conveyed being; Apartment S-i, of The New Monmouth, a Condominium, according to the Declaration thereof dated February 19, 1965, and recorded in Official Records Book 1216 at Page 161 of the Public Records of Palm Beach County, Florida. Parcel 3 A part of the lands in Lots 2 & 3, Block 1 OCEAN PARK, according to the plat thereof, recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida; TOGETHER with an easement over and across the North 10 feet of Lot 4, Block 1 OCEAN PARK, according to the plat thereof recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida, the part of the lands hereby conveyed being: Apartment S-2, of The New Monmouth, a Condominium, according to the Declaration thereof dated February 19, 1965, and recorded in Official Records Book 1216 at Page 161 of the Public Records of Palm Beach County, Florida. 3. IN-LIEU PARKING. The City hereby confirms that, pursuant to Land Development Regulations Section 4.6.9(E)(3), it has approved the payment of the fees described in this Agreement in-lieu of providing one (1) of the required number of parking spaces for the development of the Property. 4. IN-LIEU PARKING FEE. Owner shall pay to the City a total in-lieu of parking fee of Six Thousand Dollars ($6,000.00) (which represents $6,000.00 per parking space). The total fee shall be paid as follows: (a) Two Thousand Dollars ($2,000.00) by check delivered to the City upon execution of this Agreement by the City. (b) "C;:)T~ payments of Two Thousand Dollars ($2,000.00) each to be due on the first and second anniversary of the date on which this Agreement is executed on behalf of the City. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. DEFAULT. In the event Owner fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Owner at 34 S. Ocean Avenue, Delray Beach, Florida 33483, or at such other address as may be designated by Owner by written notice to the City, requesting the past due payment to be made no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed beach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. BINDING EFFECT. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. AMENDMENTS. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. SIGNATURE REQUIRED. This Agreement is not valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney WITNESSES~ CAFFE LUNA/~/~~Swner Print ~ By: ~X- Name: ~O ~/ Print Nme: ~4~ ~t ~col~ Title: Print ~me: ~ 4~ ~ ~&[] (Co,orate Seal) 4 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /~'Eday of ~ , 1997 by ~'~ qt~9:~.o~. ~. (n~e of officer or agent, title of officer or agent) of 9~,~ ~ (name of co~orafion ac~owledging), a ~~ (state or place of inco~oration) co~oration, on behalf of the co~oration. He/She is persomlly ~own to me or has produced (~pe of identification) as identification and~,~ x~:~ ..~,~*~ rake an oa~. 5 City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director ~ff,~) FROM: Michael Simon, Interim Community Development Coordinator//~-/~ DATE: October 13, 1997 SUBJECT: Community Development Block Grant Funding Agreements: Boys & Girls Club, MAD DADs, Alpha Time Child Care Center, Community Child Care Center, HOPE Inc. and the Urban League ITEM BEFORE THE COMMISSION This is to request approval to execute agreements for the funding of the subject CDBG subrecipients. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held on July 15, 1997, before the City Commission to obtain public comments on the proposed budget and use of funds in the Fiscal Year 1997-98 Action Plan for Community Development Block Grant dollars. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. Regulations 24 CFR 570.503 require written agreements prior to disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements. These agreements have been developed in accordance with the stated regulations and have been reviewed by the City Attorney for legal sufficiency. RECOMMENDATION Staff recommends approvalto execme the a~ached agreements so thmfunding mu proceedinacco~ancewith Commissionapproved ActionPlan~rfiscalyear 1997-98. The City Attorney has reviewed the agreements and approved same as to form and legal sufficiency. AGENDA REQUEST Request to be placed on: Date: October 13,1997 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: October 21. 1997 Description of item (who, what, where, how much): Request approval to execute agreements for funding of six CDBG subrecipients. Funding to come from various accounts within the CDBG fund. Total funding is $148.600. (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 and execution of the agreements for funding. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55). Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O Funding Alternatives: ~ (if applicable) Account No. & _ Description: ~l~-jc~/do-Z:r3q. <~2-0q (~',[e~ (~ ~ Account Bal~ce: ~' Z~,/nO0 (~c O~ ~,6 ~e ~t ~~ City M~ager Review: ¢5~-q0 ~0,0dO Approved for Agenda: ~O ~ ~{ i i~ ~¢~ ~ .q~ ~1-~ ,Z,0~ (~c ~x~ IZ5 Agenda Coordinator Review: c~ ~~_ %~&~ fi- Received: Placed on Agenda: Action: Approve~isapproved s :\commun- 1 \cd\cdbgranfiagenfo rm. doc Memorandum To: Barbara Gaxito, Deputy City Clerk From: Michael Simon, Interim Community Development Coordinator Date: October 15, 1997 Subject: CDBG Original Subrecipient Agreements Attached are the original subrecipient agreements on the October 21, 1997 Commission Agenda for the Mayor's signature and subsequent execution. Copies accompany the agenda item for the City Manager's review and Commission approval. Please notify me as to the completion of the contract and if you have questions or require further clarification, do not hesitate to call me at ext. 7282. Thank you for your assistance. 'OCT I § 1997 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR ONE PART-TIME POSITION BETWEEN THE CITY OF DELRAY BEACH AND ALPHA-TIME CHILDREN'S CENTER THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1997 between the City of Delray Beach, hereinafter referred to as "City" and the Alpha-Time Children's Center of Delray Beach, hereinafter referred to as the "Center", having its principal office located at 770 Southwest 12th Terrace, Delray Beach, Florida is related to the provision, as per the budget approval by the City Commission on July 15, 19~7 and effective October I, I997 through September 30, 1998, of $8,600.00 in Community Development Block Grant Funds to the Center to partially pay the salary of one part-time teacher at 20 hours per week upon the following terms and conditions: 1. DEFINITIONS a. "Center" means the Alpha-Time Children's Center b. "City" means the City of Delray Beach c. "Program Income" means gross income received directly generated from the use of CDBG funds. 2. STATEMENT OF WORK The City agrees to disburse eleven monthly payments of $716.00 and a payment of $724.00 in the twelfth month, no later than the last working day of each month, beginning in October, 1~7 and continuing through September, 1~98. The funding shall not exceed the Commission approved dollar amount of $8,600.00. Monthly release of funds shall be in accordance with this Agreement and subject to the approval of the Community Development Coordinator and the Director of Community Improvement. 3. RECORDS AND REPORTS The Center agrees to provide to the City a monthly attendance and enrollment roster which identifies the number of enrollees and levels of family income. This report must be presented no later than the first working day of each month. Additionally the Center agrees to provide monthly time sheets to the City reflecting actual time worked by the CDBG grant- funded Administrator. Payments to the Center will not be released without the submission of the monthly report to the Community Devlopment Division. 4. PROGRAM INCOME The Center agrees to use the funds provided only for the payment of salary and that no part of CDBG funds will by used to generate Program Income. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Center agrees to provide copies of independent professional Audits of Center's financial activities in order to determine whether CDBG funds have been spent as intended. 6. MONITORING The Center agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The Center further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Center agrees to retain supporting documentation relating to the part-time teacher and related activities for a period of three years, dating from September 30, 1998. 8. OTHER PROGRAM REQUIREMENTS --~ The Center certifies that no person shall on the ground of race, color, national origin or sex, be denied participation in the Center's program activities. The Center further agrees to carry out the activity for' which CDBG funds are provided in compliance with the policies, guidelines, and requirements of OMB Circulars A- 110, A- 122, and A- 135, as applicable, as they relate to the acceptance and use of Federal funds under this part, copies of which are provided for reference. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Center materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. ALPHA-TIME CHILDREN'S CENTER WITNESSES: By: DIRECTOR CITY OF DELRAY BEACH, FLORIDA By:. Jay Alperin, MAYOR ATI'EST: CITY CLERK APPROVED AS TO FORM: CITY ATrOKNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1997 by and between the City of Delray Beach, hereinafter referred to as "City" and the Boys & Girls Club of Palm Beach County, Inc., hereinafter referred to as '21ae Club" having its principal office at, 600 SW 15th Avenue Delray Beach, Florida, is related to the provision of $50,000 in Community Development Block Grant Funds in accordance with budget approval by the City Commission on July 15, 1997. These funds are to be used to renovate the Catherine Strong Center which is to be the new site for the Club upon the following terms and conditions: 1. DEFINITIONS The following definitions are provided for the terms set forth herein: a. "CDBG" means Community Development Block Grant program. b. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes/but is not limited to interest earned on advances of federal funds or royalties received because of patents or copyrights produced under this grant. c. "Federal Labor Standards" means the requirement of Section 110 of the Housing and Community Development Act of ! 974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. 2. STATEMENT OF WORK a. The City and the Club agree that the cityghall: i) provide $50,000 for the renovation of Catherine Strong Center, at 600 SW 1 Sth Avenue. ii) provide technical assistance upon request to assist the Club in complying with the terms of this contract. This assistance shall include monitoring for Davis-Bacon and related Acts (Labor Standards). b. The City and the Club agree that the Club shall: i) award contracts for the renovation of Catherine Strong Center in accordance with procurement procedures as described in 24 CFR $5.36; and ii) ensure completion of the renovation of Catherine Strong Center by providing appropriate work write-ups, building plans and adequate supervision of construction. Further, the club shall secure all necessary bonding and accept all liability as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City from all construction related deficiencies and liabilities of whatsoever kind as it relates to the construction and renovation. 3. RECORDS AND REPORTS The Boys and Girls Club agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid Specification packet to assure the inclusion of all federal requirements. The Club further agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. 4. PROGRAM INCOME Funding is provided to pay the costs of renovation to Catherine Strong Center. It is not anticipated that Program Income as defined in Section 2 of this agreement will be generated from these funds. In the event that Program Income is generated, the income may be utilized as operating funds for the Boys and Girls Club of Delray Beach. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1 ~984, the Club agrees to-provide copies of independent professional audits of its financial activities in order to determine whether CDBG funds have been expended as intended. 6. MONITORING The Club agrees to make its records available to the City to assure compliance with applicable Federal and local requirements. The Club further agrees to allow access for site visitation by Federal Monitors as warranted. 7. DETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Club agrees to retain supporting documentation relating to activities funded by this grant for a period of three years from the date of September 30, 1998. 8. OTHER PROGRAM REQUIREMENTS a) The Club certifies that no person shall on the grounds of race, color, national origin or sex, be denied participation in the organization's activities. b) The Club agrees to carry out activities for which CDBG funds are provided in compliance with all local and Federal laws and Regulations as described in OMB Circular A- 133, OMB Circular A- 122 and OMB Circular A~ I 10, copies of which are provided for reference. 9. SUSPENSION AND TERMINATION In accordance with Z4 CFR 85.45, suspension or termination of this agreement may occur if the Boys and Girls Club materially fails to comply with any term of this agreement. This agreement may be terminated for convenience in accordance-with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. WITNESSES: BY: PRESIDENT, BOARD OF DIRECTORS CITY OF DELRAY BEACH, FLORIDA ATI'EST: BY: Jay Alperin, MAYOR CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR ONE FULL-TIME POSITION BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY CHILD CARE CENTER THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of ., 1997 between the City of Delray Beach, hereinafter referred to as "City" and the Community Child Care Center of Delray Beach, hereinafter referred to as the "Center", having its principal office located at 555 Northwest 4th Avenue, Delray Beach, Florida is related to the provision, as per the budget approval by the City Commission on July 15, 1997 and effective October 1, 1997 through September 30, I998, of $19,000.00 in Community Development Block Grant Funds to the Center to pay the salary of one full-time administrative position at 40 hours per week upon the following terms and conditions: 1. DEFINITIONS a. "Center" means the Delray Beach Community Child Care Center. b. "City" means the City of Delray Beach c. "Program Income" means gross income received directly generated from the use of CDBG funds. 2. STATEMENT OF WORK The City will disburse monthly payments of $1,583.33 no later than the last working day of each month, beginning in October, 1007 and continuing through September, 1998. The funding shall not exceed the Commission approved dollar amount of $I9,000. Monthly release of funds shall be in accordance with this agreement and subject to the approval of the Community Development Coordinator and the Director of the Department of Community Improvement. 3. RECORDS AND REPORTS The Center agrees to provide to the City a monthly attendance and enrollment roster which identifies the number of enrollees and levels of family income. This report must be presented no later than the first working day of each month. Additionally the Center agrees to provide monthly time sheets to the City reflecting actual time worked by the CDBG grant-funded Administrator. 4. PROGRAM INCOME The Center agrees to use the funds provided only for the payment of salary and that no part of CDBG funds will by used to generate Program Income. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Center agrees to provide copies of independent professional Audits of Center's financial activities in order to determine whether CDBG funds have been spent as intended. 6. MONITORING The Center agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The Center further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Center agrees to retain supporting documentation relating to the full-time administrative position and related activities for a period of three years, dating from September 30, 1998. 8. OTHER PROGRAM REQUIREMENTS The Center certifies that no person shall on the ground of race, color, national origin or sex, be denied participation in the Center's program activities. The Center further agrees to carry out the activity for which CDBG funds are provided in compliance with the policies, guidelines, and requirements of OMB Circulars A-I I0, A-122, and A-133, as applicable, as they relate to the acceptance and use of Federal funds under this part, copies of which are provided for reference. O. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Center materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. DELRAY BEACH COMMUNITY CHILD CARE CENTER WITNESSES: By:. DIRECTOR CITY OF DELRAY BEACH~ FLORIDA By: Jay Alperin, MAYOR ATFEST: CITY CLERK APPROVED AS TO FORM: CITY ATFORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this __ day of ,1997 by and between the City of Delray Beach, hereinafter referred to as "City" and Housing Oppommities Project for Excellence, Inc., hereinafter referred to as "HOPE, Inc." having its corporate office at 3000 Biscayne Blvd., Suite 102, Miami, Florida 33137 is related to the provision of $2,000.00 in Community Development Block Grant funds in accordance with budget approval by the City Commission on July 15, 1997. These funds are to be used to provide a minimum of four Housing Industry Provider Education Seminars and four Community Education Sessions for residents of Delray Beach, including school-age children and community organizations. WHEREAS, federal regulations at 24 CFR 570.601 provide that CDBG funds are granted to the City of Delray Beach under a condition that the City certifies that it will "affirmatively further fair housing," and; WHEREAS, with its submission of the Fiscal Year 1997-98 Consolidated Action Plan, the City of Delray Beach so certified that it would "affirmatively further fair housing," and; WHEREAS, HOPE, Inc. is recognized by the U. S. Department of Housing and Urban Development as an agency competent in regulations governing Fair Housing, and; WHEREAS, HOPE, Inc. proposed to provide Fair Housing Education and Outreach to the citizens of Delray Beach, and: NOW, THEREFORE, the parties hereby agree as follow_s: 1. DEFINITIONS The following definitions are provided for the terms set forth herein: a. "CDBG" means Community Development Block Grant program. b. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest eamed on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 2. STATEMENT OF WORK a. The City shall reimburse HOPE, Inc. in an amount not to exceed $2000 for expenses related to conducting four Community Education Sessions and four Housing Industry Provider Education workshops. The amount to be paid to HOPE, Inc. shall not exceed $500 per session. b. HOPE, Inc. shall provide: i) Community Education workshops for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These workshops shall be designed to educate the public-and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Workshops are to be conducted citywide on an ongoing basis. A minimum of four workshops shall be conducted during the period beginning October 1, 1997 ending September 30, 1998, with one workshop to focus on the education of Children about housing discrimination. ii) Housing Industry Provider Education workshops for developers, 2 real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmatively marketing requirements. A minimum of four workshops shall be conducted during the period beginning October 1, 1997 and ending September 30, 1998. 3. METHOD OF PAYMENTS The City shall reimburse HOPE, Inc. at a rate of $500 per workshop within thirty days of receipt of Invoice. Reimbursements shall be made according to Section 2 Statement of Work, and in no event shall the total compensation exceed the total amount of $2,000. Reimbursements shall require the approval of the Director of Community Improvement. 4. RECORDS AND REPORTS Prior to receipt of CDBG funds HOPE, Inc. shall submit for each workshop conducted, the following documentation: a) an agenda showing the time and place of workshop/seminar and the topics discussed; b) a list of invitees/attendees; c) a request for funds/invoice; .-~ d) other records as may be necessary to. determine compliance with this agreement. 5 PROGRAM INCOME HOPE, Inc. agrees to expend CDBG funds for the purpose as outlined in Section 2, Statement of Work. It is not anticipated that Program Income shall be generated fi.om this allocation, however, such income, if generated, may be retained by the agency and used to promote Fair 3 Housing activities. 6. NON-FEDERAL AUDIT As required by OMB Circular A-133, HOPE, Inc. agrees to provide a copy of an independent professional audit of the agency's financial activities to assure proper expenditure of allocated federal funds. 7. MONITORING HOPE, Inc. agrees to make its records available to the City to assure compliance with applicable federal and local requirements. The agency further agrees to allow access for site visitation by federal monitors as warranted. 8. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS HOPE, Inc. agrees to retain supporting documentation relating to activities described in Section 2, STATEMENT OF WORK, for three years from September 30, 1998. 9. OTHER PROGRAM REQUIREMENTS a) HOPE, Inc. certifies that no person shall on the grounds of race, color, national origin, sex, age or disability be denied participation in the agency's activities. b) HOPE, Inc. agrees to carry out the activities for which CDBG funds are provided in compliance with all local and federal laws and rogulations as described in 24 CFR Subtitle A, OMB Circular A-133, OMB Circular A-122, which are attached and incorporated herein by reference. 10. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if HOPE, Inc. materially fails to comply with any term of this Agreement. This Agreement 4 may be terminated for convenience in accordance with 24 CFR 85.44 and Circular A-110 Attachment L, which has been previously provided and is incorporated herein by reference. 11. This Agreement contains all of the parties binding representations to one another. Any amendments or modifications hereto must be in writing. 12. Any notice pursuant to this Agreement shall be sent via certified mail, return receipt to the following addresses: City of Delray Beach Attention: Lula Butler 100 NW 1 st Avenue Delray Beach, Florida 33444 Housing Opportunities Project for Excellence, Inc. 3000 Biscayne Blvd. Suite 102 Miami, Florida 33137 WITNESSES: HOPE, INC. By: Executive Director CITY OF DELRAY BEACH, FLORIDA By: .-~ Jay Alperin, Mayor ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR MAD DADS OF GREATER DELRAY BEACH THIS AGREEMENT FOR FUNDING AND ACCEt'TANCE OF FUNDS ("Agreement") made this day of ., 1997 by and between thc City of Delray Beach, hereinafter referred to us "City" and Men Against Destruction Defending Asainst Drugs of Greater Delray Beach, hereinafter referred to as "MAD DADS", having its principal office located within the corporate limits of Delray Beach, Florida, is related to the provision of $57,000.00 in Community Development Block Grant Funds to be used for salary of two full- time positions to assist in City's Neighborhood Stabilization efforts. WHEREAS, The MAD DADS organization has identified goals and objectives which are consistent with Goals and Objectives of the City's Comprehensive Plan and Consolidated Plan, and; WHEREAS, The City Commission has determined through a formal Public Hearing that the use of Community Development Block Grant funds for this purpose is appropriate, and; WHEREAS, Authorization to award these funds was granted per the budget approval of the City Commission on July 15, 1997, and; NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS The following definitions are provided for the terms set forth herein: a. "CDBG" means Community Development Block Gr~tt program. b. "City" means City of Delray Beach. c. "MAD DADS" means Men Against Destruction Defending Against Drugs. d. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 2. STATEMENT OF WORK a) MAD DADS shall use the CDBG funds provided to pay the salaries of two full-time positions charged with the following activities: i) Coordinating crime prevention activities through neighborhood/resident associations. ii) Establishing Support Groups for parents of children identified by the local school system as economically disadvantaged; iii) Organizing mentors for high risk youth; iv) Organizing supervised recreation programs with drug prevention components such as a midnight basket porogram, community youth chior, drill teams, etc.; v) Working with local schools providing drop-out prevention programs; vi) Other activities which contribute to the Stabilization/Revitalization of the CDBG Target Area which has as its boundaries, 1-95 to the West, Federal Highway to the East, Lake Ida Road to the North and Linton Boulevard to the South. b) The City shall: i) release 12 payments of $4,750.00 to MAD DADS beginning October 1997 and continuing monthly thereafter through September 30, 1998. The funding shall not exceed the Commission-approved dollar amount of $57,000.00, which includes salaries, FICA, and partial payment of health insurance benefits. ii) provide technical/supportive assistance through the Departments of Parks and Recreation, Police and Community Improvement to ensure the success of the MADDADS efforts. Technical assistance shall include the use of public facilities, and in-kind donations of operating supplies, i.e. copying services. 3. RECORDS AND REPORTS MAD DADS shall submit prior to the disbursement of CDBG funds, Monthly activity reports indicating hours worked in accomplishing goals. The report at a minimum shall identify progress made, problems encountered and proposed solutions to same. Reports shall be due in the Community Development Office by the 15th day after the end of each month. Time Sheets shall reflect actual hours worked by the Program Director and the Neighborhood Coordinator of the MAD DADS organization. MAD DADS agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. 4. PROGRAM INCOME Funding is provided to pay the costs of salaries and benefits of two full- time positions. It is not anticipated that Program Income as defined in Section 2 of this agreement will be generated from these funds. In the event that Program Income is generated, the income may be used to increase the scope of the MAD DADS program. 5. NON-FEDERAL AUDIT -~ As required by the Single Audit Act of 198.4, the MAD DADS organization agrees to provide copies of independent professional audits of its financial activities in order to determine whether CDBG funds have been expended as intended. 6. MONITORING The MAD DADS organization agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The organization further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The MAD DADS organization agrees to retain supporting documentation relating to activities funded by this grant for a period of three years from the date of September 30, 1998. 8. OTHER PROGRAM REQUIREMENTS a) MAD DADS certifies that no person shall on the grounds of race, color, national origin or sex, be denied participation in the organization's activities. b) MAD DADS agrees to carry out activities for which CDBG funds are provided in compliance with all local and Federal laws and Regulations as described in OMB Circular A~133, OMB Circular A~122 and OMB Circular A-Il0, copies of which were previously provided on August 9, 1993. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the MAD DADS materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one nother. Any amendments or modification hereto must be in writing. -~ AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR MAD DADS OF GREATER DELRAY BEACH WITNESS: MAD DADS OF GREATER DELRAY BEACH By: EXECUTIVE DIRECTOR ATFEST: CITY OF DELRAY BEACH, FLORIDA By: CITY CLERK Jay Alperin, MAYOR APPROVED AS TO FORM: CITY ATI'ORNEY Ref/Maddad AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR THE URBAN LEAGUE OF PALM BEACH COUNTY THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1997 between the City of Delray Beach, hereinafter referred to as "City" and the Urban League of Palm County, hereinafter referred to as the "Urban League", having its principal office located at 1700 North Australian Avenue, West Palm Beach, Florida and its satellite office at Carver Service Center, 301 Southwest 14th Avenue Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on July 15, 1997 and effective October 1, 1997, of $12,000.00 in Community Development Block Grant Funds to the Urban League to be used to offset the Administrative Costs associated with Housing Counseling and Emergency Intervention programs of the Urban League. This Agreement is entered into upon following terms and conditions: 1. DEFINITIONS a. "CDBG" means Community Development Block Grant program. b. "City" means the City of Delray Beach c. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 2. STATEMENT OF WORK a) The Urban League shall use the CDBG funds provided to pay the Administrative Costs associated with Housing Counseling and Emergency Intervention programs charged with the following activities: i) Emergency intervention including food, energy and shelter 1 assistance referral; ii) Housing Discrimination Counseling and Referral. b) The City shall: i) Each month, the City shall disburse monthly payments of $1,000.00 beginning October 1997and continuing through September 1998. The funding shall not exceed the Commission-approved dollar amount of $12,000.00. Monthly release of funds shall be in accordance with this agreement and subject to the approval of the Community Development Coordinator and the Director of Community Improvement; ii) provide technical/supportive assistance in order to assure the success of the housing counseling program. 3. RECORDS AND REPORTS The Urban League shall submit prior to the disbursement of CDBG funds, Monthly activity reports indicating hours utilized in accomplishing goals. The report at a minimum shall identify the number of households served, household income category, households racial category and number of female heads of household. This report shall be submitted on form HUD 4949.5 Grantee Performance Report/Direct Benefit Activities (attached). Reports shall be due in the Community Development Office one week before the release of each check. Time Sheets shall reflect actual hours worked by the Delray Beach Satellite Office Coordinator The Urban League agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. 4. PROGRAM INCOME 2 Funding is provided to pay the Administrative costs associated with Housing Counseling and Emergency Intervention programs of the Urban League. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Urban League agrees to provide copies of independent professional audits of its financial activities in order to determine whether CDBG funds have been expended as intended. 6. MONITORING The Urban League agrees to make its records available to the City in order to assure compliance with applicable Federal and for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Urban League agrees to retain supporting documentation relating to activities funded by this grant for a period of three years from the date of September 30, 1998. 8. OTHER PROGRAM REQUIREMENTS a) The Urban League certifies that no person shall on the grounds of race, color, national origin or sex, be denied participation in the organization's activities. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Urban League materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR THE URBAN LEAGUE OF PALM BEACH COUNTY WITNESS THE URBAN LEAGUE OF PALM BEACH COUN'I~ By:. PRESIDENT/ADMINISTRATOR ATFEST: CITY OF DELRAY BEACH, FLORIDA By:. CITY CLERK Jay Alperin, MAYOR APPROVED AS TO FORM: CITY ATTORNEY City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director FROM: Michael Simon, Interim Community Development Coordinator DATE: October 13, 1997 SUBJECT: City Commission approval of Agreement Between the City and Habitat for Humanity ITEM BEFORE THE COMMISSION Approval of a new agreement between the City of Delray Beach and Habitat for Humanity of Boca/Delray to build 5 homes on lots provided by the City for low-income families during the FY 1997 - 1998 fiscal year. BACKGROUND In November, 1991, the City Commission approved an agreement with Habitat for Humanity in accordance with the comprehensive Plan's policies related to affordable housing. The original agreement provided for the City to donate a total of 5 lots over a period of 2 years which ended September 30, 1993. The agreement was extended for a 2 year period and an additional nine lots. With the execution of the approved agreement, the Community Improvement Department would be authorized to proceed with the purchase/conveyance of five lots during the period from October 1997 through September 1998. RECOMMENDATION Staff recommends City Commission approval of the proposed agreement between the City and Habitat for Humanity of BocaYDelray to provide five lots available for homeownership opportunities for low-income residents. AGENDA REQUEST Request to be placed on: Date: October 13.1997 Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda When: October 21.1997 Description of item (who, what, where, how much): Request approval tO execute agreement for funding for the purchase of five lots for Habitat for Humanity.. Funding to come from the City's Bootstrap account #118-1974- 554-61.10. (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 and execution of the agreement for funding. (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: Funding Altematives: (i.f applicable) Account No. & Description: Account Balance: ~? 2°f~ (3~ City Manager Review: Approved for Agenda: ~gNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun- 1 \cd\cdbgranfiagenform.doc AGREEMENT CITY OF DELRAY BEACH AND HABITAT FOR HUMANITY OF BOCA-DELRAY This is an Agreement between: City of Delray Beach, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "City", through its City Commission and Habitat For Humanity, a non-profit corporation of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Subgrantee agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1.1 Assurances: means those assurances made by the Subgrantee to the City as specifically set forth in this Agreement. 1.2 City of Delray Beach Community Development Block Grant Program: means the Community Development Program applied for by the City of Delray Beach and awarded by the United States Department of Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-3 83, as amended. 1.3 CDBG Funds: means the Community Development Block Grand Funds; The monies given to the Subgrantee pursuant to the terms of this Agreement. 1.4 Grantee: means city of Delray Beach, Florida. 1.5 H.U.D.: means the United States Department of Housing and Urban Development. 1.6 Project(s): means the project or projects set forth in Article III hereof, and Exhibit "A" entitled Scope of Services and timetable. 1.7 Rules and Regulations ofH.U.D.: means 24 CFR 570, "Community Development Block Grant Regulations"; OMB Circular A-122, and OMB Circular A-110. 1.8 Subgrantee: means Habitat for Humanity of Boca-Delray. PREAMBLE This Agreement between the City and Habitat For Humanity of Boca-Delray on the following mutual considerations: Under the Rules and Regulations of H.U.D., the City is administrator of the CDBG program and the City is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., as to the allocation and expenditure of funds. ARTICLE HI PROJECT The Subgrantee hereby agrees to provide and implement the following eligible Project: Home Ownership Opportunities for Lower Income Families The project is more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. ARTICLE IV ASSURANCES The Subgrantee hereby agrees to comply with: 4.1 Title VI ofthe Civil Rights Act of1964 (Public Law 88-352: 42U.S.C.S. 2000 det seq.): and 4.2 Title VIII of the Civil Rights Act of 1968 (Public law 90-284; 42 U.S.C.S. 3601 et seq.); 4.3 CFR 24, S. 570.608 lead-based paint notification inspection, testing and abatement procedures. 4.4 The requirements and standards of OMB Circular NO. A-87, OMB Circular A-128 and with the relevant Sections of 24 CFR Part 85. 4.5 Any other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances. FINANCIAL RESPONSIBILITIES 5.1 Subgrantee hereby gives the City, H.U.D., and the Comptroller general, through any authorized representative, access to and the right to examine all records, books, papers or documents relating to the Project. 5.2 Subgrantee hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the City under this Agreement. 5.3 Subgrantee hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the City. ARTICLE VI TERM OF AGREEMENT This Agreement shall commence on the day the City executes the Agreement and shall terminate on September 30, 1996. ARTICLE VII TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply with any term of the grant, and that the grant may be terminated for convenience in accordance with 24 CFR 85.44. The City may cancel this contract with or without cause upon 30 days written notice to Habitat. ARTICLE VIII LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. AGREEMENT CITY OF DELRAY BEACH AND HABITAT FOR HUMANITY OF BOCA-DELRAY In Witness Whereof, the parties have executed this Agreement at Delray Beach, Florida this __ day of ,19__ Witness: Habitat for Humanity of Boca-Delray By: Attest: City of Delray Beach, Florida By: Jay Alperin Mayor Approved as to Form: City Attorney u:\white\wwdata~abitat.doc Habitat for Humanity of Boca-Delray Subgrantee (CDBG Program) EXHIBIT A The City will purchase and convey at no cost five (5) lots during the term specified within this Agreement (October 1, 1997 through September 30, 1998) to Habitat for Humanity of Boca- Delray for the purpose of providing homes to eligible, low-income families. The City will provide site improvements, if deemed necessary, at a cost not to exceed fifteen hundred dollars ($1,500) for each lot deeded to Habitat under the terms of this Agreement. Habitat for Humanity of Boca-Delray will select a low income family, preferable a Delray Beach resident, construct a dwelling unit in accordance with all City codes and convey the real property and improvements to the family selected at a cost to be determined by Habitat for Humanity of Boca-Delray. The family will qualify as an eligible, low-income household as defined by the City of Delray Beach Community Development Block Grant Program. In the event that the property and improvements are not developed and conveyed to an eligible family within twenty-four (24) months from the transfer of the deed, the land will revert back to the City of Delray Beach. u :\whito\wwdatahtmbitat.doc MEMOR_~aNDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 21, 1997 SPECIAL EVENT APPROVAL/EASTERN SURFING ASSOCIATION DATE: OCTOBER 17, 1997 This is before the Commission to approve a request from the Eastern Surfing Association to hold a surfing contest at the municipal beach on Saturday, November 8, 1997, from 8:00 a.m. to 5:30 p.m. If necessary, rain dates would be Saturday November 15th or Saturday November 22, 1997. The City has hosted this event successfully for the past three years. Details are outlined in the attached memorandum from Mr. Dragon. Staff recommends approval. Agenda Item No.: ~ AGENDA REQUEST Date: October 13, 1997 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: October 21, 1997 Description of agenda item (who, what, where, how much): Request approval to hold Eastern Surfin~ Association surfing contest at our municipal beach on November 8, 1997 from 8:00 AM to 5:30 PM, with rain dates the followinK Saturday(s) of the month. ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO ~ecommendation: Approval. Department Head Signature: .~~L~_~-q Determination of Consistency~ith-Co~rehensiVe Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ApprovedHold Until: for agenda: ~ NO ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved rlTY OF DELRAY BEACH DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ail-America City 1993 TO: David Harden, City Manager FROM: Joe Dragon, Acting Director of Parks and Recreation SUBJECT: Surfing Contest DATE: October 13, 1997 Attached please find a copy of a letter from Tom Warnke of the Eastern Surfing Association requesting approval to hold a surfing contest at our municipal beach on November 8, 1997. Mr. Warnke expects approximately 60 participants spread over the course of the day. The event will take place from 8:00 AM to 5:30 PM. Eastern Surfing Association will provide the required insurance coverage naming the City of Delray Beach as additional insured. Each contestant will be required to sign a release waiver form. The contest will not additionally impact our beach patrol as they typically set up a surfing area when surfing conditions exist. Additional security is not required. Please place this on the October 21, 1997 agenda for City Commission consideration. Dragon A~ting Director of Parks and Recreation Attachment cc: Sharon Morgan, Agenda Coordinator Ref:dhsurf THE EFFORTALWAYS MATTERS Printed on Recycled P~er Deirav Beach Ocean Rescue .... uth Ocean Blvd. · Delray Beach, FIo,fida 33483 · (561)243-7352 · FAX(561)24~7270 To: Director of Parks and Recreation - Joe Weldon Thru: Assistant Director of Parks and Recreation - Joe Dragon From: Beach Supervisor - Richard Connell Subject: Eastem~Surfing Association Contest Proposal Dar e: 10/10/97 I telephoned Mr. Tom Wamke about his request toni:hold a Surfing Contest on the south end of the municipal beach on November 8 as in previous years and plans to limit the number of surfers.[ at 8:00 a.m. unless the surf and weather the-case he will reschedule for the next Saturday(s) of the month until He will provide a 10' items for the contest. I told him I will make two at8:00 a.m. This is the normal start time for my staffand This event has been a big success in past years arid attractsbOth youth and young adults in addition to spectators. I recommend this event be heldas descfibed~in the attached letter from Mr. Warnke . :' Ric ard onnel Beach Supe~wisor cc: Lifeguard Lt.(s) Frank Richter, Steve Zickl Eastern Surfing Association PALM BEACH COUNTY DISTRICT 625 Lakeside Harbor Boynton Beach Fi 33435 10-2-97 Joe Dragon City of Delray Beach Parks and Recreation Dept. 50 N. W. 1st Ave. Delray Beach F1~ 3~4~ Dear Joe, I am writing to request permission to hold our annual contest at Delray Beach again this November. The date requested is Saturday, November 8th. Re-set dates would be the subsequent Saturdays in November, as we arranged last year. Our contest will involve about 50 people at any one time on the beach. Liability insurance will be purchased, as we have done the past two years, naming the City of Delray Beach as an additional insured for $1,000,000.00 in coVerage. Thanks for your help. I will follow up with you in the next few days. My office number is 732-1676. Best regards, . Tom Warnke Palm Beach County District Director MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 21, 1997 CLOSEOUT CHANGE ORDER #1 AND REQUEST FOR FINAL PAYMENT/ MAJESTIC GROUP ENTERPRISES, INC. DATE: OCTOBER 17, 1997 This is before the Commission to approve closeout Change Order #1 in the net deduct amount of $1,362.42 and request for final payment in the amount of $15,758.18 to Majestic Group Enter- prises, Inc., for completion of the N.E. 1st Court utility improvements project. Recommend approval of deduct Change Order #1 and final payment to Majestic Group Enterprises. Funding is available from the N.E. 1st Court Utility Improvements (Account No. 442-5178-536-61.37). AgencL~ ~tem No. ~'~' AGENDA REQUEST Date: October 16, 1997 Request to be placed on: X Regular Agenda Special Agenda - Workshop Agenda When: October 21, 1997 Description of item (who, what, where, how much): Staff request City Commission to approve Change Order #1. Final to Majestic Group Enterprises, Inc. for NE 1st Ct Utility Improvements 95-63. 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 - $1,362.42. Approval is also requested for final payment to Majestic Group Enterprises, Inc. in the amount of $15,758.18 for the project. A Contractor Evaluation is also attached for your review. Funding source for this agenda request is 442-5178-536-61.37 {NE 1st Ct Utility Improvements). Recommendation: Staff requests City C~sion to approve Change Order No. 1, Final and Final Payment to Majes~~~rprises, Inc. j~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~red on all items involving expenditure of funds): . Funding available:/tYE~]NO /~ Funding alternativ~ (i~applicable) ~ Account No. & De.script--~on~~ ~r~ ~0~ ~ ~ Account Balance ~ ~ i~O - City Manager Review: ~ ~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 Di~on Date: October 16, 1997 ' Re: Change Order No. 1, Final - NE 1st Ct Utility Improvements - Project 95-63 Attached for Commission approval is an agenda request for Change Order ~1, Final to Majestic Group Enterprises, 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 $1,362.42. Approval is also requested for final payment to Majestic Group Enterprises, Inc. in the amount of $15,758.18 for this project. A Contractor Evaluation is also attached for your review. Funding is from Account No. 442-5178-536-61.37 (NE 1st Ct Utility Improvements). CC: File: Memo to City Manager 9563A 9563memo CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #1, FINAL PROJECT NO. 95-32 DATE: PROJECT TITLE: NE 1st Ct Utility Improvements TO CONTRACTOR: Majestic Group Enterprises, 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 A/~OUNT ORIGINAL CONTRACT AMOUNT $134,990.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $134,990.00 COST OF CONSTRUCTION CHANGES THIS ORDER -$ -1,362.42 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $133,627.58 PER CENT DECREASE THIS CHANGE ORDER -1.1% TOTAL PER CENT DECREASE TO DATE -1.1% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Majestic Group Enterprises, Inc. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department 442-5178-536-61.37 (NE 1st Ct Utility Improvements) for -$1,362.42. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~.~. - MEETING OF OCTOBER 21, 1997 APPROVAL OF PAYMENT FOR SOFTWARE SUPPORT AT WATER TREATMENT PLANT DATE: OCTOBER 17, 1997 This is before the Commission to approve payment in the amount of $32,768 to Control Systems Design, Inc., sole source for software support service maintenance for the operating system at the Water Treatment Plant. Johnson-Yokogawa Corporation, the original contractor for the conversion to lime softening, is no longer in the utility service business, so service is being handled by their subcontractor Control Systems Design, Inc. Recommend approval of payment to Control Systems Design, Inc. for software support service maintenance. Funding is available from Other Repair and Maintenance (Account No. 441-5122-536-46.90). Agenda Item No.: AGENDA REQUEST Date: October 15~ 1997 Request to be placed on:, Consent X ~~T Agenda Special Agenda Workshop Agenda When: October 21, 1997 Description of agenda item (who, what, where, how much): Approve payment for maintenance / service for software support for Water Treatment Plant on QNX 0pe~atinK System at a total cost of $32,768 to Control Systems Design, Inc. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve payment for software maintenance service to Control Systems Designs, Inc. at a total cost of $32,768. Fundin~ from account code 441-5122-536-~9U ~90 Department Head Signature: ~'~-~~'~ ~~ Determination of Consistency with ~ioafprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~--~E'E'~ NO Funding alternatives:j (if applicable) Account No. & Description: ~]-~Z2-~.~qO ~ ~6~/~.(~ Account Balance: ~1~00 ~Q~_~~~ City Manager Review: Approved for agenda~: ~/ NO ~yt Hold Until: · Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Safford, Finance Director DATE: October 15, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING OCTOBER 21, 1997, APPROVE PAYMENT FOR MAINTENANCE / SERVICE FOR SOFTWARE SUPPORT WATER TREATMENT PLANT ON QNX OPERATING SYSTEM Item Before Commission: The City Commission is requested to approve payment for software support to Control Systems Design, Inc. for a total cost of $32,768.00. Background: Johnson Yokogawa Corporation is the original contractor that installed and implemented the software with the conversion to lime softening. Johnson Yokogawa is no longer in the utility service business, so service is being handled by their subcontractor, Control Systems Design, Inc. as sole source software support for Real Flex on the QNX Operating System at the Water Treatment Plant. The Manager of the Water Treatment Plant recommends payment of the software support service to Control Systems Design, Inc. See attached memo dated October 14, 1997. Recommendation: Staff recommends payment to Control Systems Design, Inc. for the software support service maintenance at a total cost of $32,768. Funding from account code 441-5122-536-31.90. Attachments: Memo From Water Treatment Plant Dated 10/14/97 cc: Richard Hasko, Acting Director Environmental Services Don Haley, Manager of Water Treatment Plant MEMORANDUM To: Jackie Rooney, Senior Buyer ,[, From: Don Haley, Manager of Water Treatment Plant SUB: REQUISITION #56975 SOLE SOURCE JUSTIFICATION Date: October 14, 1997 Johnson Yokogawa Corporation was the original contractor that installed our instrumentation and operating software (Real Flex), with the conversion to lime softening in 1992. We have sole sourced them without a service agreement due to the fact that no other service company can provide software support for Real Flex on our QNX Operating System. Johnson Yokogawa is no longer in the utility service business. In the future, we will be relying on their subcontractor, Control Systems Design, Inc., out of Oviedo, Florida, to provide support until our M.I.S. Department evaluates the proposed alternative software, (see attached). Our Utility Maintenance crew has been cross trained and will be performing instrumentation. The work orders included in this requisition are for a total of two months. The breakdown on labor for software support is 69% of the invoice total, ($22, 610.00). For hardware and instrumentation, the breakdown on labor is 31% of the invoice total, ($10, 158.00), see attached work orders. DH:dk Enc: 21 cc: Richard C. Hasko, P.E., Acting Director Env. Services File: req56975 ',JORNS N i work o ber Number YOK~GAWA Scheduled Service Work Order I 2:L 8 3 ~er ID Numar Wo~ ~ ~S ~ NO C~er ~e . C~ ~ / Model Number ~ ' SeH~ Numar { Dale ~me R~r ~te Ti~ Call D~e ~me R~ir D~e ~me Date ~me O~e ~me A~ Date ~me S~ ~m Minm~ AtSRe ~ -- ~ ~ -- ~ . ~ Continued on Form PAS 030 [] Yes I~o Continued on Form PAS 030 [] Yes [~o Part Number Serial Number Descti~ion price Each Exten.~on Cobe I Part Total Price Travel Regular Overtime Warranty [] Yes ~blo $ Hours Hours Hours Total Accommodation [] Yes ~o Date e Product Code Sunday / / Billings Monday / / ,-~o~ $ Tu..ay "/ / 1 ' q'~ ff. 0 Material $ Wednesday ~'~ / ;~ / ~"~J ~. O Travel Expenses $ Thursday ~ / ~' ~'~ ~.. Living Expense, , Friday' /'~ /~ / ~7 I Jl ~. O Mile(s) ~ O ~ $ Saturday Other $ Authorized CustOmer Signaturl~.~.~t~./~._...Jt~J~~ I '~ ~ ~ Date Taxes $ Serv~,e S{;~ialist ~ignature Date Tom : $ Expense Re~ort Altachecl [~¥es ~'~10 J ~me Sheet Attached i-'I ¥,S PAS 029 (0l/95) OistribUt3on: WHITE - Service Accounting YELLOW - Customer PINK -TAC GOLD - Service Center Printed in U.S.A. YOK~GAWA ~ Scheduled Service Work Order 218 8 Requl~/~ i~,,~L ~ ~ Loc~tion ID ~:~ 7 S~/~ Customer P.O. Number Ship To: IC~°mer ~m. Aa~ A~n ' J ~ N~e Nu~ .od.,.umb. 1 ~ Date ~me R~r Data ~me Data ~ ~ O~e Ti~ A~ Data ~me ~ S~ ~m Min~ At S~e -- -- -- ~ ~me Co~nu~ on Fo~ PAS 0~ ~ Yes ~ No ~ntin~ ~ ~ PAS 0~ ~ Yes ~ No ~ Nu~r ~al Numar ~ ~T~I P~ T~el R~ular O~me Wa~ ~ ~s ~ No $ Houm Houm Houm Total A~modation ~ Yes ~ No Date P~u~ C~e Sunday / / Billin~ Monday / / ~r $ Tue~ / / ~.. , . u.~.,__,~~ ~ ~ ~.,. ~-~-~ To~ $ E~n~ Rein A~ ~ Yes ~o Ti~ S~t A~ ~ Yes ~o P~ 029 (01 ~5) Dist~b~: ~ITE - Se~ice Accoun~ng YE~OW - Cu~omer PINK -TAC GOLD - ~ice C~ter Pdnt~ in U.5~. ~~ Work C)nJer Number ".-Y-E~GAWA ~Scheduled Service Work Order 2.1. 8 ? 5 J~ Num~r~ C~r ID Numar ~ ~nter Numar 1-~1 ~ I C~r N~ ~~ ~ ~444 ~~Y ~~, A~em~n I - Model NumbeP ~ SePal NumbeP I D~ Date Time Re.ir Date ~ ~me Data Call ~ ~me Re.ir Data Oste~ ~ Date Ti~ ~ -- _ ~ : Le~ F~ ~te _ _ : ~ Date S~em H~m Minutes R~uim~m A~ Taken Continu~ on Fo~ ~S 030 ~ Yes ~ No ~tinu~ ~ ~ PAS 0~ ~ Yes ~ Nu~r ~1 Numar ~n ~. P~ ~ To~l Pri~ Warmn~ C Yes ~o $ ~ ~ ~ ~ Travel R~ular Ove~ime Houm Houm Hou~ To~l Ac~mm~tion ~Yes Q No Date e P~u~ C~e Sund~ / / Billin~ Money / / ~r $ Tue~ / / Mateh,l $ W~ne~ay o4/E3/~W I Dving ~.n., , Friday ~ ~ ~ 7 ~ ~le(s) e __ S Satu~ ~~ h ~er $ ~odz. Cu~omer S~natu.~ ~ Taxes ~ Se~ S~i~ S~tum ~ Date To~ $ ~e R~. A~ D Yes ~o ~ S~t A~ ~ Yes ~o .... P~ 029 (01~5) Oismbuaon: WHI~ - Semite Accounens Y~OW - Cu~omer PINK -TAC GOLD - ~e Cen~ Printed O©HN~N "YOK~GAWA ~ Scheduled Service Work Order I 218 4 I Requestor I'~ d ] t LOI~IIiO~ ID Cl~lom~r P,O. NumMlr ~.n~e~ t31, wo.~,.t. Job N-,mbe, ~, ~ ~ O Ot Custome, ID Num0e, Sennce Centa, Number ~ ~;;~ ~ ~l) r ~l~l)O Customer Name ' I ' Customer Name City. State, Zip~ ! ~ City. State. 7Jp~ I ~ L : AttentJon..~ ~1 ~ ~ / Attention Teief~one(,..~g ,~ ~ y;. t ? 3 /~ I Extension Telep~ . Exten~on Equipment. Type ~l.~.~.~.,.~ I SysIt~ ~Tbt~F)r Se-- Note [] Yes ~ii~lo Se~Ce Nora I~lodel Number J Serial Number I Detect Date Time Repair Data Time Occurred -- -- : Started -- -- : Call Date Time RePmr Date Time Received -- -- : Finished -- -- : Date Time Date Time Amve~ Date Time System Hours Minutes At Site -- -- : Down Time · Action Taken ~ D Gontinued on Form PAS 030 [] Yes [~o Continued on Form PAS 030 [] Yes Part Number Serial Number De~ription pnce Each Extensio~ CoOs Warranty [] Yes ~lo Part Total Price Travel Regular Overtime $ Hours Hours Hours Total Accommodation [] Yes .~'No Date e ~ Product Co~e Sunday / / Billings Monday / / Labor $ Tuesday / / Material $ Wednesday / / Travel Expenses $ Thursday / / Living Expenses $ Fdday y /~,.~ ¢~-) J ¢~* ~ AuthodzedCustomerSignatu~L~...~.~.~ ~.~1~ -- Data q . Z,--__th , ' Taxes , ServiceSpecalistSignatum d '/4 ! 7/~ Date 4.//.,.,~ Tot~ $ Ex~enea aa~ort Aaaened [] Yes ~1:to - Time Sheet At~e~eOi-lYes ~N0 PAS 029 (01/95) Distr/bution: WHITE - Service Accounting YELLOW - Customer PINK -TAC GOLD - Service Center Printed in U.S.A- ' 9~,S~ ~, Service Work Order Iw°~°~'"u"~ ' YOK GAWA Scheduled I' 21742 Requestor...~.~ ~L ~ g~ ID ~J Cu~ RD. N~r ~ Numar C~er ID Numar ~ c~t~ Num~ ~ ~ ~es ~ No Ship To: Ic~"N~e Bill To: A~ ~i~tT~ ~ m~ ~wm ~e ~Yes ~ No Model Number ~ SeH~ Number ~ ~ Da~ ~ R~r Date ~me ~.~ - - : s~.~ ~ - ~ ~ -~__ ~: ~'~ ~1 D~e ~me R~r Date ~me D~ ~me Date ~me ~ Date ~ S~ ~m Min~es AtSim ~ ~ -- ~ -- Q ~ L~ : ~ ~ R~ir~P~ ~ T~ Continued on Form PAS 030 0 Yes ~i~No Continual on Form PAS 030 ~l~Yes [] No Pa~ Number SePal Number Oesc~tion Qty.[ Price Each Extension Cc I PanTotaJ Price Travel Regular Overtime Warrarny OYes ~NO $ ,,, Hours Hours Hours Total Accommcxtation. []Yes ~:blo Date 0 0 0 Product Code Sunday / / Material $ Wednesday Travel Expenses $ Thursday L~dng Expenses $ ~cu~y Mile(s) O -- $ Saturday PAS 029 (01/95) Oisa'~budon: WHITE - Service Accourmn[ YELLOW - Customer PINK -TAC GOLD - Service Center Printed in U.S.A. YOK G , A Scheduled Service Work Order J 217, 43 Requestor Location ID J .Customer P.O. Number t ~-,~-. ~ ~ r~" ~ ] Customer ID Number I I Work Completed ,Job Number Service Center Number I~Yes []No I ShipTo: Icust°mer~u~e BilITo: ICustOmer Name Address Address City, State, Zip City, State, Zip Attention Attention Telephone [Extension Telephone I Extens,on Equipment Type / System Designation Se~ice Note I Service Note Number lelod. I Number ] Serial Number I Defect Date Time Repair Date Time Call Date Time Repair Date Time Date Time Date Time Arrived Date Time System Hours Minutes Requirement/Problem Action Taken Continued on Form PAS 030 [] Yes i~ No Continued on Form PAS 030 [] Yes ~[~ No Part Number Serial Number Description Code Warranty [] Yes ~1 No Accommodation []Yes ~No Product Code ~o.zed C¢~i~----'F'Sr ~.at~r. ' ..~¢-:.-~" Date .~ '? ~R~A~ ~S ~No ~SIAa~ DYes ~No P~ 029 (01/95) Di~on: ~1~ - ~ce Accounting YE~OW - Cu~mer ~NK -TAC GOLD - ~ice Ce~ Pfint~ in U.S~ Scheduled Service Work Order 2 ~J-- &~l r r '~ I IW°rkc°mpteted i-]Yes ~No Customer Name Ship To: ~~' O ~ A~on A~en~on Hodel Number Def~ Date Cai, Date Date ~ D~ ~ -- _ ~me ArrN~ Date ~me ~ Sy~em Hours Minutes At Site -- -- Continu~ On Fo~ PAS 030 ~ Yes ~ No Continu~ on ~ PAS 0~ ~ Yes ~ No Pa~ Num~ Seri~ Numar ~np~on ~. Pd~ Ea~ ~s~n C~e Pan to~ Pd~ Travel R~ular Ove~me Wa~n~ ~ Yes ~ No $ . Houm Houm Houm Total Accomm~ation ~ Yes Pmau~ Code Sunday / / Billings M~y / / ~r ~ Tu..a~ ~1~/~7 ~ ~ / I Material Travel ~p. SeS Living ~.nses ~er To~ S ~nse ne~, A~ ~ Yes ~o ~me Sh~t A~,~ C Yes ~o P~ 0~9 (01/95) Dis~buaon: WHI~ - Semite Accoundn~ Y~LOW - Cus~mer PINK -TAC GOLD - Se~ice Cen~ar P~nCed in U.S~. YOK GAWA Scheduled Service Work Order :2 d~ ~}__~j ~er ID Numar ~ ~ C~ter Nu~r ~ j { Wo~ Com~et~ ~Yes ~ ~ ~.~. C ~ 5~ · ., A~n A~en~ Model Number ~ SeH~ Number ~ ~me Call Date ~ ~me R~r Dme_~ ~me Date A~ Oate ~ S~ Houm Minut~ At Site -- -- ~ ~ ~ ~me Con~nu~ on ~ PAS O~ ~ Yes ~ No C~tinu~ on ~ PAS ~ ~ Yes ~ No I ~T~P~ Travel R~ular ~me Wa~W ~ Yes ~ No $ , Houm Houm Houm T~a A~m~a~ ~Y~ ~No Da~e ~ e P~u~ C~e Sund~ / / Billin~ Mo~ / / T~I ~pen~ $ ~u~ay / / ~ving ~pen~s $ ~ / / T~S S Sew~ S~ Sig~mm ~ ~ Data T~ $ ~"R~nA~ ~Yes ~ I ~meShWA~" ~Yes ~o ~ 029 (01/95) Dism~on: WHI~ - Semite Accounan8 YE~OW - C~m~ PINK -T~ GOLD - ~ice Cent~ Pdn~ l WOrk Order Number YOf GAWA Scheduled Service Work Order 21_ 8 7 8 Job Number Customer ID NunYoer Ser~ce Center Numl~r I Work Competed ., ,.51-Gool -" ~ I ny. []No To.. l. Model Number) Serial Number ~ De~ Date ~me R~ir Date ~me Date D~re ~ ~me Date ~me -- -- : Left From Site _ A~ Da~ ~ System H~m Mitres At S~e -- -- ~ , D~n ~me ~ R~uir~nVP~ A~on T~n Co~ on Fo~ PAS 0~ ~ Y~ ~ No ~minu~ on ~ PAS 0~ ~ Yes ' , Houm Houm Houm To~ ~a~on ~Y~ D No Date e a P~ C~ ....... o~/~7 ~ ~ng ~e~e $ F~ / / Mile(s)__ ~ ~ S Satu~ / ~/ ~ P~ 029 (01~ Di~bu~on: WHI~ - 5e~ice Ac~unan[ Y~OW - C~m~ PINK -T~ GO~ - ~ice Ce~ P~nt~ in U.S~. Work Order Number Scheduled Service Work Order 2 ~. 8 0 9 Request,~O ~J ~,~y, Location IDZZ~.~.SO_- Customer RD. Number 4~ J~ Numar~-- ~O~J Cu~omer ID Numar ~ Sewice Center Numar ~ I ~ Wo~ ~mplet~ ~Yes ~No c,~, s~,., =. c~, s~,.~E Aaention / A~enaon Equipment Ty~ S~m Designation Sewice ~te ~ Sewi~ Note Numar ~odel Number ~ Serial Numbe. ~me ~r,~ __~ ~~ __ __ Sta.. __ __ -- Call Date ~ ~me Repair Date ~me R~ -- ~~ ~ ~ Finish~ -- -- Date ~me Date ~me D~um _ Left Fr~ Site _ _ A~v~ Date S~em Houm Minutes At S~e -- -- D~n ~me R~uimmen~P~ A~on T~en Continued on Form PAS 030 [] Yes [] No Continued on Form PAS 030 [] Yes [] No .~/ Part Number Sedal Number Description Price Each Extension Travel Regular Ove~me t Part Total Price Warranty [] Yes [] No $ Hours Hours Hours Accommodation [] Yes [] No Date O O O Product Code Sunday / / Billings Monday / / Labor $ Tuesday ~ /~5/¢~7 ~ 8 Material $ Wednesday O ~ ~)*~'~ ~ 7 ~ ~-~ ~s $ ~u~day ~'~ ~ 7 ~ & Living Expenses $ Friday ///t~~ Mile(s) ~ @ ~ $ Saturday Other $ ~,~._~ A., ~ PAS 029 (01195) DistriburJon: WHITE - Service Accounmng YELLOW - Customer PINK -TAC GOLD - Service Cermet Printed in U.S.A. CITY I]F DELRRY BE#gH CITY ATTORNEY'S OFFICE ~'~"~ ~'~ ~'~ '*~"~'~ * ~"~ ~* ~ ~,~,~," t,: ~ ~"~: ?~; ~ Wrilcr's l)irccl l,inc: (561) 243-7091 DELRAY BEACH All.America City M E M ORA N D ti M ~ TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of the Rules of the Historic Preservation Board The rules of the Historic Preservation Board require that a review be made every 2 years. On June 18, 1997 the Historic Preservation Board reviewed and approved the attached rules and regulations. The rules and regulations require City Commission approval. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the October 21, 1997 City Commission agenda. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Pat Cayce, Historic Preservation Planner Printed o~ Reck'c/ed Paper 4:, ,,_/:-~,, :.~ Wrilcr's I)ircc! l.ine: (561) 243-7091 DELRAY BEACH Ali. America City M E M ORA N D U M ''~'~''''! DATE: October 14, 1993 TO: David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of the Rules of the Historic Preservation Board Per your request, I have underlined added language and struck through language that was deleted from the current rules of the Historic Preservation Board. Please call if you have any questions. Attachment cc: Sharon Morgan, Executive Assistant Prmted on Recycled Paper RULES AND REGULATIONS CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ARTICLE 1 Section 1. Authority. The Historic Preservation Board (hereinafter referred to as the Board) shall be governed by Section 2.2.6 of the Land Development Regulations, of the Code of Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein, when adopted by the Board and approved by the City Commission. Section 2. Composition. The Board is to consist of seven (7) members appointed by the City Commission. The City Manager's designee shall act as the City Historic Preservation Planner, and will serve as Secretary of the Board. The City Manager shall also provide a Recording Secretary and such other assistance, expertise, and advice by his staff as may be required by the Board fi'om time to time. Section 3. Organization. (A) The Board shall elect a Chainnan, Vice-Chair and a 2nd Vice-Chairman from among its membership each September. They will serve in this office for one calendar year, but for no more than two (2) consecutive calendar years. The Chai~vl.an will preside over the Board and will have the right to vote. In the absence of the Chair:nan, the Vice-Chairman will preside. In the absence of both, the 2nd Vice-Chair shall preside over the meeting. The Chair:nan shall appoint all committees that may be required. (B) The Historic Preservation Planner shall conduct all correspondence of the Board; maintain a file of the ~ninutes of all meetings, indicating therein the substance of the meeting, record attendance, the vote of each member upon each question, or if absent or failing to vote because of a conflict of interest, indicate such fact; maintain records of Certificates of Appropriateness and Appeals for a Variance and other official actions. (C) A Recording Secretary shall be provided by the City Manager from mnong the City staff and shall take and transcribe the minutes of each tneeting of the Board. Section 4. Absences. A Board member absent at three (3) consecutive regular meetings shall constitute an automatic resignation from the Board by such me~nber, .... ~o .~,,,-,~ ~..;.,,~ unless said absence is due to illness or other extraordinary circumstances. Each board member shall be responsible for notifying the Secretary or the Chaiman as promptly as possible of any anticipated absence from a Board meeting. In addition to autmnatic resignation fi'om the Board, a Board member may resign by filing a written statement of resignation with the Chairman of the Board. Furthermore, any member may be removed, with or without cause, by a ~najority vote of the City Commission. Replacement membership will be made by the City Cmnmission in accordance with the provisions of Section 2.2. I(F) of the Land Development Regulations. 2 ARTICLE !! Section 1. Meetings. (A) Meetings shall be divided into three (3) categories: regular, special and workshop. (B) The Board shall conduct a regular meeting each calendar month. This meeting shall be held in the evening hours (after 5:00 p.m.) on the first and third Wednesday of each month, unless there is no cause to hold such meeting, or that date falls on a holiday as designated by the City of Delray Beach. The Board, by a majority vote of the Board present and voting, may change the day and time for its regular meeting as long as no Board member would be subject to automatic removal by the change. (C) A special meeting may be called by the Chairman or Vice-Chairman or by petition signed by not less than four me~nbers of the Board. A special meeting may be called subject to notification of the members in sufficient time so they may make arrangements to attend. (D) Workshop meetings shall be held as needed and may be called by the Chai ,rm. an or Vice-Chairman. (E) Public hearings are to be conducted in accordance with all statutory provisions. Public hearings are required by reason of the filing of an appeal for a variance to the City Code or for proposes of determining a historic district or historic site. The public hearing may be held at a regular or special tneeting. Section 2. Quorum. A Quorum shall consist of four (4) members of the Board in order to conduct any of the meetings listed in Article II, Section 1. Section 3. Personal Conflict of Interest. Neither members of the Board, the Historic Preservation Planner, Board Secretary, or a member of the City supportive staff shall appem' or represent before the Board a person or persons in any matter pending before the Board. No member of the Board shall hear or vote upon a matter before the Bom'd in which he or she is directly or indirectly affected financially. Whenever a member of the Board has a personal, private, or professional interest in any matter which is before the Board, that member shall disclose said conflict of interest before discussion and vote, shall refrain from voting and shall file the proper form setting forth such conflict with the Board Secretary pursuant to the provisions of Chapter 112, Florida Statutes. If the departure of a member is required for this reason and said depm'ture no longer provides for a quorum, then the item before the Board shall be continued and voted upon at the next regular or special meeting. Section 4. Conduct of Meetines. All meetings shall be open to the public. In the event a witness or witnesses are required to give testimony under oath, such oath shall be administered by the Chairman, Vice-Chainnan, 2nd Vice-Chair or Board Secretary. 4 Section 5. Order of Business. (A) The order of business at regular or special meetings shall be as follows: (a) Roll call (b) review and approval of minutes of previous meeting(s), as printed or changed by deletion or substitution (c) approval of agenda (d) hearing of Certificate(s) of Appropriateness and decision thereon (e) reports of Committees and special reports (f) unfinished business (g) new business (h) adjournment. The Chairman ~nay, at his or her discretion, change the order of business. (B) The order of business fol' public hearings is as follows: (a) Roll call (b) purpose of public hearing (c) comments from the public or witnesses, pro or con (d) rebuttal by witnesses, pro or cob (e) close of public hearing (f) comments by members of the Board (g) vote on item before the Board. The Chai .tm, an ~nay establish appropriate time limits for all arguments, but such time limits shall be equal fol' both sides. Witnesses may be called and factual evidence and exhibits may be submitted. Section 6. Requirements. The requirements of Section 4.5. l(J) of the Land Development Regulations and the appropriate Florida Statutes shall be met prior to a public hearing on an appeal fol' variance from existing ordinances. Requirements for a public hearing for designation of a historic district or site, shall be met by fulfilling the provisions of Section 4.5.1 of the Land Development Regulations. 5 Section 7. Decisions. ~0 ~~ Voting, at all meetings, shall be by roll call vote. Roll call may be in random order. The Chai~a~ shall vote last. The voting of each member shall be "yes'~ (in favor of the motion), "no" (opposed to the motion), or "abstain'~ in the event of a conflict of interest. The number of votes necessary to render a decision of the Board shall be governed by Section 2.2.6(C) of the Land Development Regulations. Section 8. Appeals of Decisions. Appeals of decisions of the Board may be made at the appropriate time and in the appropriate manner to the City Commission as set forth in the ordinances of the City of Delray Beach. Section 9. Rules of Procedure. Robert's Rules, latest edition, shall govern all questions of parliamentary procedures not specifically provided for herein. ARTICLE ill Section 1. Amendments. These rules and regulations may be amended by a concurring vote of four (4) members of the Board with subsequent approval by the City Commission, provided that the proposed amendment(s) has been presented to the Board at least five (5) working days to the voting thereupon. Section 2. Review. These rules shall be reviewed by the Board not less than every two (2) years. Recommendations for proposed amendments shall be made in writing and reviewed for 6 approval or disapproval of the legality, by the City Attorney's office prior to submission to the Board. Section 3. Effective Date. These roles and regulations, and any mnendments thereto, shall become effective following their approval by the City Commission. Section 4. Conflict. In the event these roles and regulations, now or in the future, present a conflict with any of the Code of Ordinances of the City of Delray Beach, then those Code of Ordinances, then if effect, shall prevail. These roles and regulations of the City of Deb'ay Beach, Historic Preservation Board were adopted by the Board on the day of Chair, Historic Preselwation Board Passed and approved by the City Commission in regular session this day of Mayor, City of Delray Beach ATTEST: City Clerk, City of Deh'ay Beach hpbmles.rbs MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~L - MEETING OF OCTOBER 21, 1997 RESOLUTION NO. 78-97 DATE: OCTOBER 17, 1997 This is a resolution assessing costs for abatement action required to remove nuisances on 21 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. 78-97 assessing costs for abating nuisances on 21 properties within the City. RESOLUTION NO. 78-97 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 T~IAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section ~. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 78-97 accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, alonG with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings includinG a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailinG date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recordinG of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No. 78-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT BELLEHAVEN UNIT B, BETTY JO BRADLEY $ - 0 - LT 8, PB 27, P 27, JAMES R. BRADLEY 70.00 (A_DM. FEE) PUBLIC RECORDS OF 331 SW llTH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (331 SW 1ST AVENUE) BELLEHAVEN UNIT B, RUTHEY M. CARRINGTON $ - 0 - LOT 14, PB 27, P 27, 337 SW llTH AVENUE 70.00 (ADM. FEE) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (337 SW llTH AVENUE) CARVER MEMORIAL PARK JULIA SIMMS $ 51.00 SUB, LT 2, BLK A, 204 NW 13TH AVENUE 70.00 (ADM. FEE) PB 20 P 56, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (204 NW 13TH AVENUE) TROPIC PALMS PLAT NO. 1 EDIN DEV. TRUST $ 35.00 LOT 60, PB 25, P 99, c/o ADEL KARABACHI 70.00 (ADM. FEE) PUBLIC RECORDS OF 6790 NW 74TH AVE. # 205 PALM BEACH COUNTY, FL COCONUT CREEK, FL 33066 (VAC LOT EAST OF 531 LINDELL BLVD.) ESQUIRE SUB, LT 7, RAQUEL ESPINOZA $ 48.00 PB 23, P 43, PUBLIC 1040 WALLACE DRIVE 70.00 (ADM. FEE) RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (1040 WALLACE DRIVE) TOWN OF DELRAY, S 150 FRED D. MC COY & $ 69.00 FT OF W 135.5 FT OF AMERIFIRST 70.00 (ADM. FEE) BLK 26, PB 5, P 64, 17500 NW 68TH AVE. #210 PUBLIC RECORDS OF HIALEAH, FL 33015-4044 PALM BEACH COUNTY, FL (415 NW 2ND STREET) PARADISE HEIGHTS, CHARLENE G. PATRICK $ 69.00 LTS 1 & 2, PB 24, P 113, c/o LOVETT 70.00 (ADM. FEE) PUBLIC RECORDS OF PALM 1424 CIMMARON PKY # 4 BEACH COUNTY, FL WAKE FOREST, NC 27587-7367 (NW 6TH AVENUE) 4 RES. NO. 78-97 CARVER SQUARE, LTS 12 RPI MGMT CORP $ 69.00 TO 14, INC. & LT 16, HAMPTON REAL ESTATE 70.00 (ADM. FEE) PB 24, P 11, PUBLIC 1300 BAXTER ST. # 215 RECORDS OF PALM BEACH CHARLOTTE, NC 28204-3053 COUNTY, FL (SW 2ND COURT) TOWN OF DELRAY, LTS 7 WILLIE MAE RICFJ~RDSON $ 59.00 & 8, BLK 36, PB 5, P 38, c/o DOROTHY REEDER 70.00 (ADM. FEE) PUBLIC RECORDS OF 7 PATTON STREET PALM BEACH COUNTY, FL ISELIN, NJ 08830 (34 NW 3RD AVENUE) SOUT~tRIDGE, LTS 10 & JAMES P. BENNETT $ 51.00 15, BLK 7, PB 13, P 38, 11407 FLINT LANE 70.00 (ADM. FEE) PUBLIC RECORDS OF BOKEELIA, FL 33922-3011 PALM BEACH COUNTY, FL (615 SOUTHRIDGE ROAD) TOWN OF DELRAY, LTS 6 LUCIUS SIMMONS $ 59.00 7, BLK 15, PB 13, P 18, 1601 GLENCOVE AVE. NW 70.00 (ADM. FEE) PUBLIC RECORDS OF PALM PALM BAY, FL 32907 BEACH COUNTY, FL (SW 7TH AVENUE) PLUMOSA PARK, SEC A ROBERT S. & FLORA AMARAL $ 32.00 S 39 FT OF LT 104 & 6813 VIA REGINA 70.00 (ADM. FEE) N 23 FT OF LT 105, BOCA RATON, FL 33433 PB 23, P 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1619 NE 3RD AVENUE) SUNSET PARK DELRAY, TOMASA CRUZ $ 61.00 LT 54, PB 12, P 65, 409 NW 7TH COURT 70.00 (ADM. FEE) PUBLIC RECORDS OF BOYNTON BEACH, FL 33426 PALM BEACH COUNTY, FL (MANGO DRIVE) ESQUIRE SUB, S 80 FT DENIZ FERNANDEZ & $ 93.00 OF E 150 FT OF LT 12, ROBERTO RODRIGUEZ & 70.00 (ADM. FEE) PB 23, P 43, PUBLIC A0 T. OLIVA RECORDS OF PALM BEACH 402 SE 3RD AVENUE COUNTY, FL DELRAY BEACH, FL 33483 (15549 SW 9TH AVENUE) ANDERSON BLK, DELRAY ELISE JACKSON & $ 227.00 BEACH, LT 2, PB 22, NELLIE JACKSON 70.00 (ADM. FEE) P 45, PUBLIC RECORDS 1587 NE 3RD AVENUE OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (609 SO SWINTON AVENUE) 5 RES. NO. 78-97 TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 59.00 OF S 356.4 FT OF E 135 P.O. BOX 1993 70.00 (ADM. FEE) FT OF BLK 24, PB 1, P 3, DELRAY BEACH, FL 33447 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) TOWN OF DELRAY, SO 40 FT DELORES RIGGINS $ 51.00 OF N 256 FT OF E 135 FT A/K/A/ DELORES QUINCE 70.00 (ADM. FEE) OF BLK 31, PUBLIC RECORDS 6395 SEMINOLE CIRCLE OF PALM BEACH COUNTY, FL LANTANA, FL 33462 (220 SW 4TH AVENUE) OSCEOLA PARK, LT 19, WAYNE E. & ALETHA ROSEKE $ 51.00 BLK 6, PB 3, P 2, RR 10 BOX 200 B 70.00 (ADM. FEE) PUBLIC RECORDS OF LAKE CITY, FL 32025-8821 PALM BEACH COUNTY, FL (SE 6TH STREET) POINCIANA HGTS OF FREDDIE M. SMITH $ 61.00 DELRAY BEACH, LT 24, 332 NW llTH AVENUE 70.00 (ADM. FEE) PB 26, P 245, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (332 NW llTH AVENUE) ATLANTIC GARDENS DELRAY, ANNIE M. WATT & $250.00 LT 1, BLK 9, PB 14, MAGGIE I. WATT 70.00 (ADM. FEE) P 63, PUBLIC RECORDS 336 SW 5TH AVENUE OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW llTH AVENUE) SUNDY & TENBROOK ADD J. E. & KAY B. WOMACK $ 41.00 TO DELRAY, LT 19, PO BOX 2493 70.00 (ADM. FEE) PB 12, P 32, PUBLIC DELRAY BEACH, FL 33447 RECORDS OF PALM BEACH COUNTY, FL (SW 4TH AVENUE) VIOLATION IS: SEC 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. 6 RES. NO. 78-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 21, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 17, 1997 Attached is the Report of Appealable Land Use Items for the period September 8 through September 19, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF OCTOBER 21, 1997 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 6, 1997 THRU OCTOBER 17, 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 October 6, 1997 through October 17, 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 October 21, 1997 Page 2 A. Approved (6 to 0 Smith absent), a fiat wall sign for Floral Supply Mart at The Plaza At Delray, located at the northwest corner of Linton Boulevard and Federal Highway. B. Denied on a 3 to 3 vote the addition of fiat wall sign for the First Bank of Florida, located within the Delray Town Center Shopping Center, located at the northeast corner of Military Trail and Linton Boulevard. C. Approved (6 to 0), the landscape plan and architectural elevation plan associated with the construction of a triplex, Colridge Apartments, located on the west side of Venetian Drive, approximately 200 feet south of Ingraham Avenue. The site plan was previously approved. D. Approved with conditions (6 to 0), the architectural elevation plan to allow the addition of a storefront window at the Cathcart Building {former Sal's Sporting Goods), located at the northwest corner of East Atlantic Avenue and N.E. 2nd Avenue. E. Approved ( 6 to 0), an architectural elevation change to allow the addition of lighting underneath an existing awning at Mario's Restaurant, located at the southwest corner of S.E. 5th Avenue (Southbound Federal Highway) and S.E. 8th Street. F. Approved (6 to 0), a request for a color change for Las Hadas Restaurant, located at the northeast corner of N.E. 3rd Street and N.E. 3rd Avenue. G. Approved (6 to 0), architectural elevation change associated with the addition of a walkway canopy and recanvassing an awning for TLC Christian Academy, a child care/nursery located on the east side of S.W. 10th Avenue, south of S.W. 1st Street. H. Approved with conditions (5 to 0, Branning stepped down), the architectural elevation plan for the proposed Red, Hot & Blue Restaurant within the Old Harbor Plaza. The Board determined City Commission Documentation Appealable Items Meeting of October 21, 1997 Page 3 that the proposed architectural elevation changes are complimentary to the overall shopping center. I. Approved with conditions (6 to 0), a minor site plan modification and architectural elevation plan associated with the expansion of the Caffe Luna Rosa, located on the west side of A-l-A, south of Atlantic Avenue. J. Approved with conditions on a 6 to 0 vote the site plan and landscape plan associated with the construction of an off-site parking lot for St Paul's Episcopal Church, located on the west side of S.W. 1st Avenue, north of S.W. 2nd Avenue. Concurrently the Board approved several waivers, namely: · Eliminating the required landscape island in the south parking row. · Reducing the required right-of-way width for S.W. 1st Avenue from 60' to 40' · Reducing the stacking distance requirement for incoming traffic from 20' to 10' No Regular Meeting of the Board was held during this period. The meeting was canceled due to a lack of a quorum. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF OCTOBER 21, 1997 L-30 CANAL LAKE IDA ROAD N.W. 2ND LOWSON BOULEVARD LIN TON BOULEVARD ~ i BOULEVARD L-38 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: A, - FLORAL SUPPLY MART (PLAZA AT DELRAY) B. - FIRST BANK OF FLORIDA I MILE I C. - COLRIDGE APARTMENTS D. - CATHCART BUILDING SCALE E. I MARIO'S RESTAURANT F. - LAS HADAS I~l G. - TLC CHRISTIAN ACADEMY IN H. - RED, HOT &: BLUE RESTAURANT ~ I. - GAFFE LUNA ROSA J. - ST. PAUL'S EPISCOPAL CHURCH CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- 01¢17~L EAE£ tZ4P SYSE4t -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 21, 1997 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 17, 1997 This is before the Commission to approve the award of the following contract: 1. Contract renewal in the total annual amount of $31,200 to U.S. Filter/Davis Process for maintenance of wet scrubbers at Lift Stations 1, 4, 11 & 80, with funding from 441-5144- 536-52.21. Agenda Item No. 3/~/ AGENDA REQUEST Date: October 14, 1997 Request to be placed on: Workshop Agenda When: October 21, 1997 XX Regular Agenda Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval of a proposal for renewal (October 1, 1997 - September 30, 1998) of an annual contract with U.S. Filter/Davis Process for maintenance of wet scrubber units at Lift Stations 1, 4, 11 and 80. The current rate of $650.00 per month, per unit will be maintained for a total annual amount of $31,200. Funding is from Account #441-5144- 536-52.2~, Lift Station Maintenance. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the proposal from U.S. Filter/Davis Process for wet scrubber maintenance for the period October 1, 1997 - Sep3~o~r 30, 1998, in the amo~,nt of $31,200.00. DEPARTMENT HEAD SIGNATURE: ,~ (tO' (~-' ,~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding availab~O (Funding alternatives (if applicable) Account No. & Description t.~[ _~lc[~- Account Balance 2~ I~t4,~ ID City Manager Review: Approved for agenda: /~:St~qO 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 Environmental Services SUBJECT: SCRUBBER SERVICE CONTRACT RENEWAL DATE: October 15, 1997 Attached is an agenda request and a copy of a proposal from U.S. Filter/Davis Process for renewal of our annual maintenance contract for wet scrubbers located at Lift Stations 1, 4, 1 ! and 80. This proposal is for a one year renewal period (October 1, 1997 - September 30, 1998) at the current rate of $650.00 per month, per unit, for a total contract amount of $31,200.00. Funding is from Account #441-5144-536-52.2~, Lift Station Chemicals. Please place this item on the October 21, agenda for consideration by the City Commission. RCH:cl cc: Robert Bullard Jackie Rooney File 2.650 TALLEVAST DC)AD P.O. BOX 20 SAI'-:A$OTA, FL 3~243 TAI.,I,EVAST, FI, 3~270 October 14, 1997 F~x 561-243-7344 TELEPHONE 941-355-2911 FACSIMILE 9~ !-351-47~ ~. ~ch~d H~ko, P. B. D~uty D~¢ctor of Public Utilities CiW Of Delray 434 Sou~ S~nton Avenue Dclray Beach, Fl. 33444 ~: SCRIBER SERVICE CONTACT Dear Mr. Hasko: As per our conversation, you, expressed to me that the City of Delray would like to exercise its option for a one year renewal as per the original contract ending September 30th 1997. We at U.S. Filter/Davis Process would be pleased to honor yom' request and extend the existing contract for scrubber service contract on L. S. 1, 4, 11, and 80 at the existing price of $650.00 per month, per site. We at U.S. Filter/Davis Process honor and value your business and would like to continue this relationship. If you have any questions please do not hesitate to call me at 1-800-345-3982. Sincerely, U. S. FILTER/DAVIS PROCESS U.S. FILTER DISTRIBUTION GROUP~ INC. d~6 sepli Taverrite Sales Representative F:\group~ale,\jt\delray.ex t lIT'/OF DELRfi¥ BEfl£K CiTY ATTORNEY'S OFFICE ~,~,,,,~~°° ,~w ,~ ~o?,,.~.?~^v~'~. ~.^~ ~., ~o.,~ ~ Wrist's Direct Line: (561) 243-70~ D[tRAY B[ACH ~P~dca City ~MO~~ October 16, 1997 1993 TO: Ci~ Co~ssion FROM: David N. Tolces, Assistant Ci~ Auome~ SUBJECT: Downtown Development Authority CDDA') Expansion - West Atlantic Avenue - Authorizing to Apply for Passage of Local Legislation At the October 15, 1997 meeting, the DDA approved the attached legal description as the area which the DDA would like to include in the DDA's boundary. The proposed expansion area is generally west of Swinton Avenue and east of 1-95, encompassing the General Commercial Zoning District. In order to expand the DDA's boundaries, the state legislature must pass a bill containing the proposed legal description. If the legislature passes the bill, an election must be held in which all registered voters who reside in both the current DDA and the proposed DDA expansion area may vote. At this time, if the City Commission desires the expansion, the City Commission should authorize the City Attorney's Office to commence the process for submitting a local bill to the local legislative delegation. This includes presenting the bill to the local legislative delegation, finding a bill sponsor, advertising the City's intent to file the bill, and providing all necessary information to the legislative drafting office. The legislature convenes onMarch3, 1998. The deadline for filing local bills is December 1st. If you have any questions, please call. DNT:smk . Paul Dorling, Principal Planner , [ Sharon Morgan, City Clerk's Office dda-2.dnt DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida October 16, 1997 Mr. David T. Harden, City Manager City of Delray Beach i00 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - DDA WEST ATLANTIC AVENUE EXPANSION Dear Mr. Harden: At the Downtown Development Authority (DDA) meeting of October 15, 1997, the Board reviewed the West Atlantic Avenue Expansion proposal as presented by the City Planning & Zoning Department. After discussion and review of tl~e boundary maps a motion was made to recommend that the expansion of the DDA boundries to 1-95 be forwarded to the City Commission with a request that the City file a local bill to be passed by the state legislature to amend the DDA boundaries. Motion made by Frank Wheat, seconded by Jon Levinson. All in favor. Approved. Our thanks to Dan Marfino, Paul Dorling and David Tolces for the yeoman job that was done. Please let us know when this item will be on the agenda. Sincerely, MICHAEL LISTICK, Chairman Downtown Development Authority cc: DDA Board David Tolces /sk DELRAY BEACH 64 S.E. Fifth Avenue, Delray Beach, Florida 33483 · (407) 279-1384 · Fax (407) 278-0555 ~r A Florida Main Street Community lgq~ - - - XPANDI D D.D.A. 2 3 Beginning at a point on the intersection of the High Water Mark of the 4 Atlantic Ocean and the easterly projection of the north line of the south half 5 of Lot 13, Plat of the Fractional East Half Section 16, Township 46 South, 6 Range 43 East (according to the plat thereof as recorded in Plat Book 1, 7 page 25 of the Public Records of Palm Beach County, Florida); thence in 8 a westerly direction along said eastedy projection, and the north line of the 9 south half of said Lot 13. and the westerly .oro.iection thereof, to the 10 centerline of the right of way for Andrews Avenue; thence southerly along 11 said centerline to the eastedy projection of the south property line of the 12 Beach Cabanas Condominium Cc,",do; thence westedy along said easterly 13 pro.iection, and said south property line to the west property line of the 14 Beach Cabanas Condominium; thence northerly along the west property_ 15 line of said Beach Cabanas Condominium to the south property line of the 16 Grove Condominium; thence westerly along said south property_ line to the 17 east plat limit of Seabreeze Park Subdivision (according to the plat thereof 18 as recorded in Plat Book 4, Page 31 of the Public Records of Palm Beach 19 County, Florida); thence north along said east plat limit to the northeast -1 - 20 comer of Lot 21, of said Plat of Seabreeze Park; thence westedy along the 21 north line of said Lot 21 and the westerly projection thereof to the west plat 22 limit of Seabreeze Park; thence southerly along said west plat limit to the 23 southeast corner of Lot 29, Lowry Park Estates (according to the plat 24 thereof as recorded in Plat Book 24, Page 156 of the Public Records of 25 Palm Beach County, Florida); thence in a northwesterly direction to the 26 southwest corner of said Lot 29; thence continuing along the extension of 27 said line to the intersection with the west dght of way line of East Road (as 28 shown on the said plat of Lowry Park Estates); thence southwesterly along 29 said west dght of way line to the northeast corner of Barr Terrace 30 Condominium Co,-,do; thence southerly along the east property line of the 31 Barr Terrace ¢~ndominium Co,",do and the southerly extension thereof to a 32 point of intersection with the south right of way line of East Atlantic Avenue 33 (also known as State Road 806); thence westerly along said south right of 34 way line of East Atlantic Avenue to the intersection of the centerline of the 35 Intracoastal Waterway right of way; thence northerly along said centerline 36 of the Intracoastal Waterway to the intersection with the easterly projection 37 of the centedine of N.E. 1st Street right of way; thence westerly along said 38 easterly projection, and ~ the centedine of N.E. 1st !!th Street right of -2- 39 way to a point of intersection with the southerly projection of the West line 40 of Lot 20, Block 115, Town of Linton (according to the plat thereof as 41 recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach 42 County, Florida); thence northerly along said southerly projection of the 43 west line of said Lot 20 to the southwest comer of said Lot 20; thence 44 northerly along the west lot lines of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, 45 and 11 of said Block 115 to the northwest corner of Lot 11, of said Block 46 115; thence northerly along the northern projection of the west line of said 47 Lot 11 to the southwest corner of Lot 20, Block 114, said plat of the Town 48 of Linton/-""'-'-'~;"" *" the "'-* *~'"-""' -o -"""-'~"'~ in P!at "'""'~' !, m~,.,. 3 ~,,..,,........, ...,, ,~ .... I.,,..~ .... .., ......, ,~... , ........., ........., ,........,. , 49 ,-,~: ,~... O,,~,,~,- ~..,-,..,~o ,.~ D.,.,, "'.-.,-~, r',.,,.,*,, :,,..I,~.~. thence northerly 50 along the west line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12 and Lot 11 of 51 said Block 114, to the northwest corner of Lot 11,.of said Block 114; thence 52 northerly along the northern projection of the west line of said Lot 11 to the 53 southwest comer of Lot 14, Block 113, Highland Park (according to the plat 54 thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm 55 Beach, Florida); thence northerly along the west line of Lots 14, 13, 12, 11, 56 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Block 113 to the northwest corner of 57 Lot 1, of said Block 113; thence northerly along the northern projection of -3- 58 the west line of said Lot 1 to the intersection with the centerline of the right 59 of way of N.E. 4th Street; thence westedy along said centerline of N.E. 4th 60 Street to the centerline of the dght of way of N.E. 1st Avenue; thence 61 southerly along said centedine of N.E. 1st Avenue to the intersection with 62 the centerline of the right of way of N.E. 3rd Street; thence easterly along 63 said centedine of N.E. 3rd Street to the intersection of the northern 64 projection of the east property line of Lot 1, Block 74, plat of the 65 Subdivision of Block 74 (according to the plat thereof as recorded in Plat 66 Book 11. Page 12 of the Public Records of Palm Beach. Florida); thence 67 southerly along said pro!ection, to the northeast corner of Lot 1 of said plat 68 of the Subdivision of Block 74; ~ thence southerly along the east line of 69 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, and the southerly projection of 70 the east line of Lot 12 of said plat of the Subdivision of Block 74 to the 71 northeast corner of Lot 1, Block 75, said plat of the Town of Linton; thence 72 southerly along the east line of Lots 1, 2, 3, 4, 5, and 6, said Block 75, to 73 the northeast comer of Lot 7 of said Block '75; thence westedy along the 74 north line of Lot 7, Block '75 and the westedy projection of said north line of 75 Lot 7, Block 75, to the centedine of the N.E. 1st Avenue right of way; 76 thence southerly along said centedine of N.E. 1st Avenue right of way to its -4- 77 intersection with the centerline of N.E. 1st Street; thence westedy along 78 said centedine of N.E. 1st Street to the intersection with the centerline of 79 the Swinton Avenue right of way and N,W, 1st Street: thence in a 80 westerly direction along the centerline of N.W. 1st Street to a point of 81 intersection with the centerline of N.W. 3rd Avenue: thence in a 82 southerly direction along the centerline of N.W. 3rd Avenue to a point 83 of intersection with the easterly extension of the north lot line of Lot 84 6, Revised Plat of Block 36. Plat Book 5, Page 38, as recorded in the 85 public records of Palm Beach County_, Florida: thence in an westerly 86 direction along said extension, and the north line of said Lot 6, and 87 the westerly extension thereof, to a point of intersection with the 88 centerline of the north/south alley of said Revised Plat of Block 36; 89 thence in a northerly direction along said centerline to a point of 90 intersection with the easterly extension of the south line of Lot 21. of 91 said Revised Plat of Block 36; thence in a westerly direction alon_o 92 said extension line, and the south line of said Lot 21. and the westerly 93 extension thereof, to a point of intersection with the centerline of 94 N.W. 4th Avenue: thence in a northerly direction along said 95 centerline to a point of intersection with the centerline of N.W. 1st -5- 96 ~treet: thence in a westerly direction along the centerline of N.W. 1st 97 Street to a point of intersection with the southerly extension of the 98 centerline of the north-south alley of Block 27, said plat of the Town 99 of Linton (north half of block has since been replatted to the Plat of 100 Resubdivisicrl of Block 27, Plat Book 21, page 43, as recorded in the 101 Public records of Palm Beach County_, Florida): thence in a northerly 102 direction along said extension line, and said centerline of the north- 103 south alley, and the northerly extension of said centerline to point of 104 intersection with the centerline of N.W. 2nd Street: thence in a 105 westerly direction along the centerline of N.W. 2nd Street to a point of 106 intersection with the northerly extension of the west line of Lot 1, Plat 107 of Melvin S. Burd Subdivision, Plat Book 11, Page 73, as recorded in 108 the public records of Palm Beach County. Florida; thence in a 109 southerly direction along said extension, and west lot lines of Lots 1, 110 2, 3, 4, 5, 6, 7, and 8, said Plat of Melvin S. Burd Subdivision, to a 111 point at the south west corner of said lot 8; thence in a westerly 112 direction along the westerly extension of the south line of said Lot 8. 113 and the south line of Lot 16; said Plat of Melvin S. Burd Subdivision, 114 to a point of intersection of a line 135 feet east of and parallel with, -6- 115 the west line of Block 19, said plat of the Tcwn of Linton: thence in a 116 southerly direction alon_o said parallel line to a point of intersection 117 with a line 135 feet north of and parallel with. the south line of said 118 Block 19: thence in a westerly direction alon_o said line to a point of 119 intersection with a line 165 feet west of and parallel with. the east line 120 of said Block 19; thence in a southerly direction alon_~ said line, and 121 southerly extension thereof, to a point of intersection with the 122 centerline Qf N.W. 1st Street: thence in a easterly direction alon_o said 123 centerline to the point of intersection with the northerly extension of a 124 line 135 feet east of and parallel with, the west line of Block 20, said 125 plat of the Town of Linton: thence in a southerly direction along said 126 extension and parallel line to a point of intersection with a line 300 127 feet south of and parallel with, the north line of said Block 20: thence 128 in westerly direction alon_o said parallel line to a point of intersection 129 with the west line of said Block 20; thence in a westerly direction to a 130 point at the southeast corner of Lot 17, Block 12, of the Plat of the 131 Monroe Subdivision, Plat Book 14. Pa_oe 67, as recorded in the public 132 records of Palm Beach County_. Florida: thence in westerly direction 133 along the south line of said Lot 17, and westerly extension thereof, to -7- 134 ~1 point of intersection with the centerline of the north-south alley of 135 said Block 12. Monroe Subdivision: thence in a northerly direction 136 alono_ said centerline to a point of intersection with the easterly 137 extension of the north line of Lot 26. of said Block 12, Monroe 138 Subdivision: thence in a westerly direction alon_u said extension, and 139 north line of said Lot 26, and westerly extension thereof, to a point of 140 intersection with the centerline of N.W. 7th Avenue: thence in a 141 southerly direction alon_o said centerline to a point of intersection 142 with the easterly extension of the south line of Lot 17, Block 4, said 143 Plat of Monroe Subdivision: thence in a westerly direction along said 144 extension, and the south line of said Lot 17. and the westerly 145 extension thereof, and the south line of Lot 26 and 25, Block 4, said 146 Plat of Monroe Subdivision, and the westerly extension of said Lot 25 147 to a ooint of intersection with the centerline of N.W. 8th Avenue; 148 thence in a northerly direction alon_o said centerline to a point of 149 intemection with the easterly extension of the south line of the Plat of 150 West Side Heights. Plat Book 13. Pa_oe 61, as recorded in the public 151 records of Palm Beach County_, Florida: thence in an westerly 152 direction alon_o said extension, and the south line of said Plat of West -8- 153 Side Heights, and the westerly extension thereof, to a Point of 154 irttemection with the centerline of N.W. 10th Avenue: thence in a 155 southerly direction along said centerline to a point of intersection 156 with the easterly extension of the north line of Lot 11; Block 2, Plat of 157 Atlantic Pines, Plat Book 13, Pa_~e 77, as recorded in the plJblic 158 records of Palm Beach County_, Florida: thence in a westerly 159 direction alono_ said extension, and the north line of said Lot 11, and 160 the westerly extension of the north line of said Lot 11, and the north 161 line of Lot 30; of said Block 2, and the westerly extension .of the north 162 line of Lot 30 to a point of intersection with the centerline of N.W. 11th 163 Avenue: thence in an westerly direction to a point at the northeast 164 corner of Lot 14, Block 1, said Plat of Atlantic Pines; thence in a 165 westerly direction alon_o the north line of said Lot 14, and the westerly 166 extension thereof to a point of intersection with the centerline of the 167 north-south alley in Block 1, said Plat of Atlantic Pines: thence in a 168 southerly direction alon_~ said centerline to a point of intersection 169 with the easterly extension of the north line of Lot 34, of said Block 1: 170 thence in a westerly direction alon_u said extension, and the north line 171 of said Lot 34, and the westerly extension thereof, to a point of -9- 172 intersection with the centerline of N.W. 12th Avenue: thence in a 173 southerly direction alon_o said centerline to a point of intersection 174 with the easterly extension of the south line of Lot 21. Block 1. Plat of 175 Atlantic Park Gardens, Plat Book 14, Pao_e 56, as recorded in the 176 public records of Palm Beach County_, Florida; thence in a westerly 177 direction along said extension, and south line of said Lot 21, and 178 westerly extension thereof, and the south line of Lot 12, Block 1, said 179 Plat of Atlantic Park Gardens. and the westerly extension thereof, to a 180 point of intersection with centerline of N.W. 13th Avenue: thence in a 181 westerly direction to a point at the southeast corner of Lot 12, Block 182 1, Plat of Odmanns Subdivision, Plat Book 4, Page 53, as recorded in 183 the public records of Palm Beach County_, Florida; thence in a 184 westerly direction alon_~ the south line of said Lot 12, and the 185 westerly extension thereof, and the sQuth line of Lot 21, Block 1, said 186 Plat of Odmanns Subdivision, to a point at the southwest corrler of 187 said Lot 21: thence in a southerly direction to a point at the 188 northwest corner of Lot 21, Block 4, said Plat of Odmanns 189 Subdivision: thence in a easterly direction alon_o the north line of 190 said Lot 21, and the easterly extension thereof, and the north line of -10- 191 Lot 12, said Block 4, and the easterly extension thereof, to a point of 192 intersection with the centerline of S.W. 13th Avenue; thence in a 193 easterly direction to a point at the northwest corner of Lot 12, Block 2, 194 said Plat of Atlantic Park Gardens: thence in a easterly direction 195 alon(~ the north line of said Lot 12, and the easterly extension thereof, 196 and the north line of Lot 21, of said Block 2, and the easterly 197 extension thereof, to a point of intersection with the centerline of S.W. 198 12th Avenue; thence in a southerly direction along said centerline to 199 a r)oint of intersection with the westerly extension of the south line of 2o0 Lot 13, Block 5. Plat of Atlantic Gardens, Plat Book 14, Page 63, as 201 recorded in the public records of Palm Beach County_, Florida; thence 202 in a easterly direction along said extension, and the south line of said 203 Lot 13, and easterly extension thereof, and the south line of Lot 22, 204 al~d the easterly extension thereof, to a point of intersection with 2O5 centerline of S.W. 11th Avenue; thence in a southerly direction along 206 said centerline to a point of intersection with the westerly extension 207 of the south line of Lot 15, Block 8, said Plat of Atlantic Gardens: 2O8 thence in a easterly direction along said extension, and the south line 2o9 of said Lot 15, and the easterly extension thereof, and the south line -11 - 210 of Lot 24, of said Block 8, and the easterly extension thereof, to a 211 point Cf intersection with the centerline of S.W. 10th Avenue: thence 212 in a easterly direction to a point at the southwest corner of Lot 10. 213 Block 1, Plat of Belair Heights. Plat Book 20, Pa_oe 45, as recorded in 214 the public records of Palm Beach County_, Florida; thence in a 215 easterly direction alon_o the south line of said Lot 10, and the easterly 216 extension thereof, and the south line of Lot 19, of said Block 1. and 217 the easterly extension thereof, to a ooint of intersection with the 218 centerline of S.W. 9th Avenue; thence in a southerly direction alon_o 219 said centerline to a point of intersection with the westerly extension 220 of the south line of Lot 6, Block 2, said Plat of Belair Hei_ohts: thence 221 in a easterly direction along said extension, and the south line of said 222 Lot 6, to a point at the southeast corner of said Lot 6: thence in a 223 northerly direction alon_u the east line of said Lot 6, and Lot 5, to a 224 point of intersection with a line 250 feet north of, and parallel with, the 225 south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Book 1, 226 Pa_oe 4, as recorded in the public records of Palm Beach County. 227 Florida: thence in a easterly direction alon_o said line to a point of 228 intersection with the centerline of S.W. 8th Avenue: thence in a -12- 229 southerly direction along said centerline to a point of intersection 230 with the westerly extension of the south line of Lot 16, Block 5; Plat of 231 the Subdivision of Block 5: Plat Book 21, Page 43, as recorded in the 232 public records of Palm Beach County_. Florida: thence in a easterly 233 direction along said extension, and the south line of Lot 16 and Lot 234 25, of said Block 5. and the easterly extension of the south line of 235 said Lot 25, to a r)oint of intersection with the centerline of S.W. 7th 236 Avenue; thence in a easterly direction to the point of intersection of a 237 line 385 feet south of, and parallel with, the north line Block 13, said 238 Plat of the Town of Linton, and the west line of said Block 13; thence 239 in a easterly direction along said parallel line to a point of intersection 240 with a line 135 west of, and parallel with, the east line of said Block 241 13: thence in a northerly direction along the directly aforementioned 242 parallel line to a point of intersection with a line 250 feet north of_. and 243 parallel with. the south line of said Block 13: thence in a easterly 244 direction along the directly aforementioned parallel line to a point of 245 interSection with the centerline of S.W. 6th Avenue: thence ill a 246 northerly direction along said centerline to a point of intersection with 247 a line 290 north of, and parallel with. the south line of Block 21, said -13- 248 Plat of the Town of Linton; thence in a easterly direction along said 249 parallel line to a point of intersection with a line 135 feet east of, and 250 parallel with. the west line of said Block 21: thence in a southerly 251 direction along directly aforementioned parallel line to a point of 252 intersection with the centerline of S.W. 1st Street: thence in a 253 easterly direction along said centerline to a point of intersection with 254 the southerly extension of the west line of Lot 27; Block 29, Plat of the 255 Resubdivision of Blocks 29 & 37; Plat Book 9, Page 66; as recorded in 256 the public records of Palm Beach County_, Florida: thence in a 257 northerly direction along said extension, and the west line of Lots 27; 258 26. 25, 24. 23, 22, 21, 20, 19, 18, 17, 16, 15, 14 (all in said Block 29), to 259 a point at the northwest corner of said Lot 14: thence in a easterly 260 direction along the north line of said Lot 14, and easterly extension 261 thereof, to a point of intersection with the centerline of S.W. 4th 262 Avenue: thence in a southerly direction along said centerline to a 263 point of intersection with the centerline of S.W. 1st Street; thence in a 264 easterly direction alon_o the centerline of S.W. 1st Street to a point of 265 intersection with the centerline of S.W. 3rd Avenue; thence in ~. 266 southerly direction along the centerline of S.W. 3rd Avenue to a point -14- 267 Qf intersection with the westerly extension of the south line of the Plat 268 of Palm Beach County South County_ Judicial Center. Plat Book 60. 269 Pa_ae 124, as recorded in the public records of the Palm Beach 270 County, Florida: thence in a easterly direction along said extension, 271 and the south line of said Plat of Palm Beach County_ South County_ 272 Judicial Center, and easterly extension thereof, to a r~oint of 273 intersection with the centerline of S.W. 2nd Avenue: thence in a 274 northerly direction along said centerline to a point of intersection with 275 the centerline of S.W. 1st Street; thence in a easterly direction along 276 the centerline of $.W. 1st Street to a point of intersection with the 277 centerline of S,W. 15t Avenue: thence in a northerly direction along 278 the centerline of $,W. 1st Avenue to a point of intersection westerly 279 extension of the of the south line of Lot 1, Block 61, said Plat of the 280 Town'of Linton; thence in a easterly direction along said extension. 281 and the south line of Lots 1, 2, 3; 4, said Block 61. and the easterly 282 extension of said Lot 4, to a point of intersection with the centerline 283 of Swinton Avenue: thence southerly along said centerline of Swinton 284 Avenue to its intersection with the westerly projection of the north line of 285 Lot 7, plat of the Subdivision of Block 69. Plat Book 2. Page 43. as -15- 286 recorded in the public records of Palm Beach County.. Florida; thence 287 eastedy along said westedy projection to the northwest corner of said Lot 7 288 ~;; thence east along the north line of said Lot 7, E~, to the 289 northeast corner of said Lot 7, 9!oc~ 69; thence easterly along the westedy 290 projection of the north line of Lot 24, said plat of the Subdivision of Block 291 69, to the northwest corner of said Lot 2zl~l~sm=,l~e~; thence eastedy along 292 the north line of said Lot 24~--l~er, k.-6~, to the northeast corner of said Lot 293 24; thence eastedy along the eastern projection of the north line of said Lot 294 24~-~e¢~,.,-6~, to the intersection with the centerline of the right of way of 295 SE. N.E. 1st Avenue; thence southerly along said centerline of SE. I'.~.E. 296 1st Avenue to the intersection with the centerline of the right of way of S.E. 297 2nd Street; thence easterly along said centerline of S.E. 2nd Street to the 298 intersection of the northerly projection of the west line of Lot 2, Roebucks 299 Resubdivision of Block 103 (according to the plat thereof as recorded in 3oo Plat Book 2, page 19 of the Public Records of Palm Beach County, 301 Florida); thence southerly along said ~ northerly projection of the ~ 302 west line of said Lot 2 to the northwest comer of said Lot 2; thence 303 southerly along the west line of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of said 304 Roebucks Resubdivision of Block 103 to the southwest corner of said Lot -16- 305 12; thence southerly along the south projection of the west line of said Lot 306 12 to the intersection with the centerline of the right of way of S.E. 3rd 307 Street; thence eastedy along said centedine of S.E. 3rd Street to the 308 southerly projection of the west line of Lot 13, Gracey-Byrd Subdivision of 309 Block 119 (according to the plat thereof as recorded in Plat Book 10, Page 310 52 of the Public Records of Palm Beach County, Florida); thence northerly 311 along said southerly projection of said Lot 13 to the southwest corner of 312 said Lot 13; thence northerly along the west lot line of Lots 13, 14, 15, 16, 313 17, 18, 19, 20, 21, 22, 23, and 24, of said plat of Gracey-Byrd Subdivision 314 to the northwest comer of Lot 24, of said Gracey-Byrd Subdivision; thence 315 northerly along the northern projection of the west line of said Lot 24 to the 316 southwest corner of Lot 12, subdivision of Block 118 (according to the plat 317 thereof as recorded in Plat Book 2, Page 8 of the Public Records of Palm 318 Beach County, Florida); thence northerly along the west lines of Lots 12, 319 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of Block 118 to the 320 northwest corner of Lot 1 of said subdivision of Block 118; thence northerly 321 along the northern projection of the west line of said Lot 1 to the southwest 322 comer of Lot 24, Block 117, said olat of the Town of Linton /,~,-,¢,,-,,-,-li,.,,-, to 323 +~" '"'~+ *~"'""'"'~ ~° ""'""'"~"~ ;.". P!a+ ~"'"-~ ! c~,..,., ,~ ,.,~: ,~,., Public ~'-'""'"~o -17- 324 cf.°~'""...... Beach County, .:'"-;'~-~'.........,, thence northerly along the west line of 325 Lots 24, 23, 22, 21, 20, and 19 of said Block 117, to the southwest corner 326 of Lot 18 of said Block 117; thence eastedy along the south north line of 327 said Lot 18, and eastedy projection thereof, to the east dght of way line of 328 S.E. 7th Avenue; thence northerly along the east dght of way line of S.E. 329 7th Avenue to the northwest ~ corner of Lot 12, Palm Square, an 330 unrecorded plat located in Block 125 and tho north haft of Block 133, said 331 Dlat of the Town of Linton/~"""-'~;"" *" tho '"~* *~'"-""~ 3o ...,.....~..,~ ;,. Plat 333 thence eastedy along the north ~ lot lines of Lots 12, 43, 59, and 90 of 334 said unrecorded plat of Palm Square. and eastedy projection of the north 335 line of said lot 90, to the point of intersection with the east right of way line 336 of the Intracoastal Waterway; thence southerly along the east right of way 337 line of the Intracoastal Waterway to the southwest corner of the Waterway 33a East Commercial Condominium Condo property; thence eastedy along the 339 south line of said property and a~ eastedy extension thereof to the 340 southwest comer of Lot A, John B. Reid's Village Subdivision (according to 341 the plat thereof as recorded in Plat Book 21, Page 95 of the Public 342 Records of Palm Beach County, Florida); thence easterly along the south -18- 343 line of said Lot A, to a point on the southeast comer of said Lot A; thence 344 in a northerly direction along the west line of Lot 7, Block C of said plat of 345 John B. Reid's Village Subdivision to the northwest corner of said Lot 7; 346 thence easterly along the north line of said Lot 7, to the northeast corner of 347 said Lot 7; thence southerly along the east line of said Lot 7 to the 348 southeast ~ corner of said Lot 7; thence in an easterly direction 349 .~1,.,,.,,., +k., ..~+,..,,, ,,.,.~,.,.+~.,,, ,.~ +h~ ~'" '+~' !in~ ''~ ~'~ ' ''+ 7 to the southwest 350 corner of Lot 8, Block 4, Ocean Park Subdivision, (according to the plat 351 thereof as recorded in Plat Book 5. Page 15 of the Public Records of Palm 352 Beach County.. Florida); thence eastedy along the south line of said Lot 8 353 to the southeast ~ corner of said Lot 8; thence in a northerly 354 direction along the east line of Lots 8, 7, and 6, to the northeast corner of 355 said Lot 6 (being in Block 4, Ocean Park Subdivision, as recorded in Plat 356 Book 5, Page 15 of the Public Records of Palm Beach County, Florida); 357 thence eastedy to the southwest corner of Lot 8, Block 3 of said Ocean 358 Park Subdivision; thence eastedy along the south line of said Lot 8 to the 359 southeast comer of said Lot 8; thence northerly along the east line of said 360 Lot 8 ~ to the northwest corner of Lot 24, Block 3 of said Ocean 361 Park Subdivision; thence eastedy along the north line of said Lot 24, to the -19- 362 northeast corner of said Lot 24; thence easterly to the northwest corner of 363 Lot 7, Block 2, of said Ocean Park Subdivision; thence in an easterly 364 direction along the north line of Lots 7 and 24, Block 2, of said Ocean Park 365 Subdivision, to the northeast corner of said Lot 24; thence eastedy to the 366 northwest corner of Lot 16, Block 1, of said Ocean Park Subdivision; 367 thence easterly along the north line of Lots 16 and 2, Block 1, of said 368 Ocean Park Subdivision to a point at the northeast corner of said Lot 2, 369 Block 1, of said Ocean Park Subdivision; thence easterly along an 370 extension of the north line of Lot 2, Block 1, of said Ocean Park 371 Subdivision to the mean high water line of the Atlantic Ocean; thence 372 northerly along said high water line to the point of beginning. - 20 - MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 21, 1997 SPECIAL EVENT APPROVAL - ART AND JAZZ DATE: OCTOBER 17, 1997 ACTION: City Commission is requested to approve and endorse two Art and Jazz events to be held on October 30 and December 11, 1997, to grant a temporary use permit per LDR Section 2.4.6(H) for use and closure of Atlantic Avenue from Swinton Avenue to Salina Avenue, to provide staff support for security and traffic control, banner hanging, barricade set up and removal, clean up, and use and set up of City stages. BACKGROUND: For previous Art and Jazz events, Atlantic Avenue has been closed from Swinton Avenue to N.E./S.E. 7th Avenue. After the last Art and Jazz event the Police Department recommended road closure to Venetian Drive for reasons of pedestrian safety. This request is to close Atlantic Avenue to Salina Avenue in order to give more exposure for the event to the businesses on the east side of the Intracoastal. Estimated costs and manpower requirements for the expanded event are as follows: October 30, 1997 (Estimates) Regular Volunteer Dept. Hours Cost O__T Cost Hours Totals Police 9 $ 374 161 $6,698 78 $ 7,072 Public Works 110 1,528 110 2,521 -- 4,050 Parks & Rec. 93 1,287 99 1,746 -- 3,033 Large stage 1,590 Small stage 275 Barricades 288 TOTAL $16,308 Costs and hours for the last Art and Jazz are as follows: Regular Volunteer Dept. Hours Cost OT Cost Hours Totals Police 22.5 $ 560 94 $3,385 78 $ 3,945 Public Works 74 1,115 61.5 1,390 -- 2,505 Parks & Rec. 22.5 312 44 1,008 -- 1,320 Large stage 1,590 Small stage 275 Barricades 178 TOTAL $ 9,813 Even if the boundaries for the event are not changed, Police overtime will increase from the last event by about $1,025 due to the need for four (4) additional officers to control traffic at Federal Highway. Costs can be reduced by changing the regular hours of work for Parks and Recreation personnel and Public Works personnel so that their hours of work on October 31st would be midnight to 8:00 a.m. I am recommending this change even if the event limits are not changed. These men are working a normal Thursday workday with some overtime, then coming back in at midnight to work about 6 hours of overtime, and then trying to work a full day on Friday. The rescheduling of hours will save about $1,000 in overtime costs. RECOMMENDATION: Staff recommends consideration of the request for the temporary use permit with the closure to Salina Avenue and provide staff support and use of equipment as requested. cc: Marjorie Ferrer ref:agmemo6 October 15, 1997 aven~~ Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: This is a request to the City Commission to endorse two Art and Jazz events on the Avenue scheduled for Thursday, October 30, 1997 and Thursday December 11, 1997, and to grant a temporary use permit per LDR's section 2.4.6(H) for use of City property and right-of-way. Both events are held from 5:00 p.m. to midnight and we are asking for change of road closure. The road was previously closed on East Atlantic Avenue from Swinton Avenue to 7th Avenue. We are now requesting closure from Swinton to the west side of Salina. The reason for this closure was to relieve congestion on 7th Avenue and Atlantic. The Police recommended closure as a public safety measure to Venetian. Our recommendation is to close to Salina to give more exposure to businesses on East Atlantic Avenue, so visitors can enjoy the beautification of that area. The Police will accommodate Holiday Inn Traffic, eastbound, to A1A. We are asking that the City provide staff support for the barricade setup and removal, trash removal and clean up, police secudty and traffic control, stage use, setup and removal of banners and signage setup and removal. Stage request is for Swinton Avenue and Seabreeze Avenue. The City's support of this event is very crucial to our success. Art & Jazz on the Avenue has become a very successful marketing tool that promotes the City. Many people come to our City for the first time, shop in our stores and return after Art & Jazz to spend money in our shops and invest in our City. Your consideration of this request with no charge to the Joint Venture is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE" Community Redevelopment Agency · Delray Beach Chamber of Commerence · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 9~/ - MEETING OF OCTOBER 21, 1997 BID AWARD/LUCAS MARINE CONSTRUCTION, INC. DATE: OCTOBER 17, 1997 This is before the Commission to consider approval of a bid award in the amount of $97,955 to Lucas Marine Construction, Inc. as the lowest responsive bidder (second low bidder) for removal and replacement of the boardwalk at Atlantic Dunes Park. The City received six bids for the required improvements. Staff determined that the low bidder, "Parking Lots, Streets, Seal- coating & Striping, Inc." had no previous experience with the new plastic wood decking material we requested, and that they were basically only a paving repair contractor with a past history of less than satisfactory performance. It is the opinion of staff, that the bid should be awarded to the second low bidder, Lucas Marine Construction, Inc. Funding is available from the General Construction Fund (Account No. 334-4170-572-63.48) through budget transfer from Project Reserves (Account No. 334-6511-581-99.01). Agenda Item No. 9. ~. AGENDA REQUEST Date: October 11. 1997 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: October 21. 1997 Description of item (who, what, where, how much): Staff reauest City_ Commission award a Construction Contract with Lucas Marine. Inc.. (the second Iow bidder), in the amount of $97,955.00 for removal and replacement of the Atlantic Dunes Park boardwalk. Funding is available from ACcount #334-4170-572-63.48. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City_ Commission award a Construction Contract with Lucas Marine. Inc.. (.the second Iow bidder), in the amount of $97.955.00 for removal and replacement of the At.[ant ,~es Pa~'~oardwalk. Department head signature: ~..~ c. ~_~C. ~ ~ (~- I~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r.~,u~red on all items involving expenditure of funds): .A-, Funding availabl~,~E~NO ~ ~1) Funding alternative-~(if appli~a-~e).-~-~'~-- (~-~'~' Account No. & Description --,~-~q- ""---'~ Account Balance ~0~°~;(~)0 City Manager Review: Approved for agenda: i~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9751~agrq1021 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, A.I.A.,.r-~ Construction Mana.~er Date: October 11, 1997 Subject: AGENDA REQUEST 10/21/97 Atlantic Dunes Boardwalk Replacement On August 24, 1997, the City posted an advertisement for bids for the removal of the existing wood deck at Atlantic Dunes Park and replacement with new plastic wood decking material. During the bidding period, a plastic wood manufacturer stated an objection to a section of the specification which excluded co-mingling of plastic products. His contention was that his co-mingled product would provide the desired intent of the project and requested that the City at least consider his material. After some review, the bid was amended to consider this product, and the bid period was extended. On September 18, 1997, the City received six bids for the required improvements. Those bids are as follows. 1 Parking lots, Streets, Sealcoating & Striping, Inc. $ 85,010.00 2 Lucas Marine Construction, Inc $ 97,955.00 3 ARZ Builders, Inc. $117,010.00 4 Construction Technology, Inc. $141,410.00 5 Dakota Construction, Inc. $174,327.00 6 Majestic Group Enterprises, Inc. $197,010.00 The range of bid prices reflect the lack of familiarity with this material on the part of the construction industry, coupled with the control of the product on the part of the suppliers. Staff began the process of following up on references and previous experience on the part of the apparent Iow bidder and was able to establish that Parking lots, Streets, Sealcoating & Striping, Inc., had no previous experience with this product. This posed some concern requiring further review of their references. It was established that this company was basically a paving repair contractor with some past history of poor performance. I have attached a letter received by the City from the City of Fort Lauderdale which discusses the problems they had with this contractor. Staff also made repeated requests for "relevant experience" on similar projects completed by this contractor, and received none. Based on these findings, it is the opinion of staff that the bid should be awarded to the second Iow bidder, Lucas Marine Construction, Inc. Staff has made several inquiries on their references which have been favorable, and have established that they have extensive experience with docks and decks in general, and specifically with the specified product. In review of the Capital Improvement Plan $86,000.00 has been allocated to this work from the General Construction Fund Account Number 334-4170-572-63.48. The attached budget transfer is necessary to insure that the cost of the work is covered. cc: Joe Weldon Dick Hasko Randal Krejcarek Agenda file 10/21/97 File 97-51 (A) s\...\9751~agmm1021 +4072437166 CITY OF DELRA¥ BEACH 6~1PO~ SEP 2~ '9? 16:19 MEMOI~KND~I~O. 9V-773 DATE: May 30, 1997 Mayor Jim Naugle Vice Mayor Tim Smith Cvu~uissioner John E. Aurelius Commissioner Carlton ~. Moore Commissioner Jack Latona PEOM: George L. Hanbury, City M~na~r VIA: Planing Grego~ Ki~e~a, Oirector P~lic Se~icem ~e McCollum, Administrative Assistant II Pete~ Par~ington, ~ngineering Desi~ M~a~er SU~E~: June ~, 1997 A~e~ Contrac~ Award ~Or Riverside Park Entr'~ceway Project - Neig~orhood Capftal Improvement Pro,ram Pro~ect P-9681 This entryway ~roject was approved under the 1995/1996 Neighborhood Capital I~)rovement Program. The project includes ¢ons~ruc=ion two entry ~tz~/cture~. ii~ht~ng an~ lan~scapin~ a~ =he e~tranceway SW 18 Avenue. Th~s b~d wa~ for the entry s~r~ctures only; the lighting will be ordered separately, and =he landscaping will be provided and installed by the neighborhood. ?h~re were three responsive bidders for this project. The lowest bid was for $13,~95. from Parking Lots, Streets, S&S, Inc. The seuond low bidder was Weekley Asphalt Paving, Inc. for $18,656. ~arkin~ Lots, Streets, SaS, Inc. has been awarded four (4) engineer- ·ng contracts totalling $27~,967 since 1995. The contrac=s are in various stages o~ closeout, with the exception of =onstruction speed ~um~s. Parking Lots, ~=reets, S&$, In=. has had ~reat diffi- culty constructin~ roadway ~ea~ures to Ci=y standards. Bnglneeri~ Inspection and Deai~n staff have ha~ to ~Dend an inordinate amount of time assi~in9 t~is con=fac=or. Despite th~s "hand completed projects are deemed =o be ~erely.~cceptable. Quality of orkmanship continues to be an issue. T~e City Engineer has etermined that the contractor has not performed satisfactorily on Project 9732, 1996 Annual Con=tact for ~he Repair of Concrete Structures, and th~$ con~rac~ was re~£d (No=e: the Annual Concrete Repair contract was awarded under the rebid to Colonna Construction under Project q861 at uhe May 6, 1997 Commies%on Meeting). For ~hese reasons, we cannot recommend award ~o ~.he apparent low bidder in th~s case. The second overall low bidder. Weekly A~phalt Pavin~, Inc. projects. Memor~du~ No. 97-773 May ]0, 1997 Page 2 Funding for this project will consist O~ $10,328 ffrOm t~e Neig~bor- hood Capital Improvement Program, and $8,328 from the Riverside Park Civic Association. T~e As~ocia%ion ~as been credited $2,000 for the they will provide and install upon cumpletion of th~ monu~nt~_ we reco~end the Co~f~,,~ssion awa~ this contract, to the second low responsive bidder', Weekley ~phal= Pavi~g, Inc. in the a~unt [IT¥ DF DELRI:IV BEI:I£H DELRAY BEACH AII-AmedcaCity ~ October 28, 1997 t993 Mr. Mark Plass Assistant District Traffic Operations Engineer Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Re: Traffic Siqnalization at the Intersection of Atlantic Avenue and Whatley Road in Delra¥ Beach Dear Mr. Plass: On October 21, 1997, the Delray Beach City Commission considered FDOT's proposal to take the following traffic actions on Atlantic Avenue (SR 806) between Military Trail and Barwick Road: (1) Design and install a traffic signal at Whatley Road to be integrated into the Palm Beach County traffic signal system. (2) After installation of the signal at Whatley Road, remove the existing signal at Sunset Pine Drive (Barnett Bank) as being not warranted based on traffic volumes and the existence of the signals to the east and west at both Barwick and Whatley Roads. (3) Eliminate north and southbound through and left-turns at Sunset Pine Drive, permitting only right turns, followed by U-turns at the Barwick and Whatley Road signals. After discussion, the City Commission voted unanimously to approve and support the traffic signal installation at the intersection of Atlantic Avenue and Whatley Road as proposed by the Florida Department of Transportation. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harry City Clerk AMH/sm THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~" [_3 - MEETING OF OCTOBER 21, 1997 TRAFFIC SIGNALIZATION AT ATLANTIC AVENUE & WHATLEY ROAD DATE: OCTOBER 17, 1997 This is before the Commission to consider installation of a traffic signal at the intersection of Atlantic Avenue and Whatley Road as proposed by the Florida Department of Transportation. The FDOT completed a traffic study at this intersection, and a review of Atlantic Avenue between Military Trail and Barwick Road. Based on traffic volumes and crash history at this inter- section they propose the following actions: 1. Design and install a traffic signal at Whatley Road to be integrated into the Palm Beach County traffic signal system. 2. After installation of the signal at Whatley Road, remove the existing signal at Sunset Pine Drive (Barnett Bank) as being not warranted based on traffic volumes and the existence of the signals to the east and west at both Barwick and Whatley Roads. 3. Eliminate north and southbound through and left-turns at Sunset Pine Drive, permitting only right turns, followed by U-turns at the Barwick and Whatley Road signals. The Whatley Road signal and elimination of the through and left turns at Sunset Pine Drive are expected to enhance overall mobility and safety within that portion of Atlantic Avenue. Recommend approval of the Florida Department of Transportation proposal. FLORIDA DEPARTMENT OF TRANSPORTATION L^wror~ cmL~s ,~ ~ DISTRICT SECRETARY - DISTRICT 4 c, owa~og ~ ~l~ 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Thomas F. Barry., Jr. ~ ~ Telephone: (305) 777-4110 Fax: (305) 777-4197 Secretary September 17, 1997 Board of County Commissioners Palm Beach County Post Office Box 1989 West Palm Beach, FL 33402-1989 Dear Commissioner McCarty: This is pursuant to my letter of August 14, 1997 concerning traffic signalization at the intersection of Atlantic Avenue (SR-806) and Whatley Road in Delray Beach. The Department has completed a traffic signal warrant study at this intersection, as well as a review of the portion of Atlantic Avenue between Military Trail and Barwick Road, and proposes to take the following actions: 1. Design and install traffic signal control at Whatley Road. The signal would utilize pole/mastarm supports and be integrated into the Palm Beach County ' traffic signal system so that its operation may be coordinated with adjacent signals on Atlantic Avenue. Traffic signal control appears justified based on traffic volumes and crash history at the intersection. It is anticipated design could be completed by January, 1998. Installation of the signal would be through Department contractor and would likely be completed by June, 1998. 2. Remove the existing traffic signal at Sunset Pine Drive/Barnett Bank. This signal is not warranted based on intersection traffic volumes and, if it were to remain, would likely degrade operation of SR-806 if signal control were installed at Whatley Road approximately 700 feet to the east. Additionally, current Department Access Management standards do not support signal spacing of less than 1320 feet on a road such as SR-806. Traffic currently using the Sunset Pine Drive signal to execute left-turn or through movements would be able to use the existing signal at Barwick Road and the signal to be installed at Whatley Road. The signal removal would be through Department contractor and would be completed during or shortly after installation of signal control at Whatley Road. RECYCLEDPAP~ The Honorable Mary McCarty September 17, 1997 Page 2 3. Construct median channelization at Sunset Pine Drive to eliminate north/ southbound through and left-turn movements (and conflicts/crashes associated with those movements). Motorists with destinations that require making these movements would be able to make right-turns followed by u-turns at the Barwick Road and Whatley Road signals. The median channelization would be constructed by Department contractor and would occur concurrently with the signal removal. The ultimate signalization of Whatley Road and channelization at Sunset Pine Drive is a package improvement that will result in access control consistent in type and spacing with current Department Access Management Standards, and will enhance overall mobility and safety within the local portion of Atlantic Avenue. The Department recognizes the need for consensus on the part of all affected parties before proceeding with the work described herein and, by copy of this letter, requests the City of Delray Beach provide any relevant input it may have. Such input may be provided directly to Mr. Mark Plass, Assistant District Traffic Operations Engineer, at the Department's Fort Lauderdale office. If you should have any questions or comments, please do not hesitate to contact Mr. Mark Plass at (954) 777 - 4353. Sincerely, Rick Chesser, P.E. District Secretary District Four REC/mpj: HNMMLTMP.REC CC: David Harden - City of Delray Beach Chales Walker - PBCTED William A. Lewis, Jr. Mark Plass Rick Mitinger Tracy Empfield Felix Rodriguez Leo Gimenez File 6550.02 [lTV OF DELRR¥ BER[H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America CitY MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorney~ SUBJECT: Valet Parking Agreement - Grove Square. Inc. The valet parking agreement with Musician's Exchange has expired. Grove Square requested that a similar agreement provide for valet parking on Atlantic Avenue adjacent to Grove Square. This agreement, if approved, would grant to Grove Square a license to use the first and second parking spaces east of N.E. 2nd Avenue on the south side of Atlantic Avenue for valet parking. The hours of operation would be from 5:00 p.m. to ! :00 a.m. seven days a week. The agreement is for one year, and may be reviewed annually by the City Manager. The agreement is also revocable by the City at any time. In the event the City adopts a uniform valet parking services plan, the license will expire and Grove Square will then comply with the parking plan. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Richard Overman, Chief of Police Diane Dominguez, Director of Planning & Zoning John Walker, Project Coordinator grovesq3.dnt LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY THIS AGREEMENT ("The Agreement") is made this day of , 1997 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and GROVE SQUARE, INC., a Florida corporation ("GROVE SQUARE"). WITNESSETH: WHEREAS, GROVE SQUARE has requested permission to use two public parking spaces adjacent to its business located at 250 East Atlantic Avenue to provide valet parking for customers along Atlantic Avenue from 5:00 p.m. to 1:00 a.m.; and WHEREAS, the two parking spaces are located east of N.E. 2nd Avenue on the south side of Atlantic Avenue; and WHEREAS, in order to use the two parking spaces, the CITY requires that GROVE SQUARE enter into this License Agreement for the use of the parking spaces for the valet service; and WHEREAS, the parties desire to enter into this Agreement in order to permit the use of the parking spaces in accordance with the considerations set forth in these recitals. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Spaces. The CITY agrees to allow GROVE SQUARE to use the first and second parking spaces east of N.E. 2nd Avenue on the south side of Atlantic Avenue for valet parking purposes. The parking spaces are to be used for valet parking daily between the hours of 5:00 p.m. to 1:00 a.m. GROVE SQUARE acknowledges that the parking spaces may be unavailable for use during certain special events during the year and during the special events the license will not be valid. 3. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The license may be renewed annually by the City Manager following receipt of a written notice from GROVE SQUARE that GROVE SQUARE desires to continue using the parking spaces for valet parking. 4. Revocable License. This Agreement is only a License Agreement and may be revoked by the CITY at anytime upon providing written notice via U.S. Mail to GROVE SQUARE. 5. Compliance with Laws. GROVE SQUARE agrees to comply and adhere to all state laws and local ordinances regarding parking. GROVE SQUARE further acknowledges that due to the high traffic in this area, double parking any vehicles whether the vehicle is attached or unattached will not be permitted. 6. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David Harden, City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To GROVE SQUARE: Edward Gallagher 118 N.E. 16th Street Delray Beach, FL 33444 7. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 8. ~. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 9. Entire A_m'eement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses the parties' understanding. 10. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 11. Insurance. GROVE SQUARE agrees to provide the CITY with evidence, in the form of a certificate of insurance, subject to the approval of the CITY'S Risk Manager, that general liability insurance for the valet service is in place, and that the City of Delray Beach is named as an additional insured. 12. Indemnification. In consideration of the payment, of Ten Dollars ($10.00), receipt of which is hereby acknowledged, GROVE SQUARE shall indemnify and save harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this License for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces by reason or as a result of the use and occupancy of the parking spaces by GROVE SQUARE, its agents, employees, leaseees licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against GROVE SQUARE or by GROVE SQUARE against any third party, then GROVE SQUARE shall protect and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. l. hirlL.P_al:ti~. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Termination. In addition to the CITY'S right to revoke this license, GROVE SQUARE acknowledges that the CITY is currently developing a uniform policy/procedure for 3 the use of public parking spaces for valet parking services. Upon adoption of the uniform policy/procedure, this License Agreement will be null and void and of no further force and effect. GROVE SQUARE will then comply with the CITY'S policy/procedure for use of public parking spaces. 15. Signatures Required. This agreement shall not be effective unless signed by the CITY'S Mayor and City Clerk, and the seal of the CITY affixed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of , 1997. Signer, Sealed and Delivered in the Presence of: THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation By: Jay Alperin Mayor Approved as to Legal Sufficiency and Form: Assistant City Attorney STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 1997 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: 4 Grove Square, Inc., a Florida Corporation By: ~~ Name Pril~ed: ~,,~t~ Title: ~o..~EfE-. (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) (.,.~, ; The foregoing ins. trument was acknowledged before me this ST/~.. day of ~PC..~'L',1997by ~£,Ct.,.;&.~c,C ~-'~ /~ ~c/./x.c...._ ,as of Grove Square, Inc., a Florida corporation, on behaff of the corporation. , N~a_,~ ,..Public OFFICIAL NOTARIAL SEAL) ~~l~ff~_ _qt~. ~_.unty Aforesaid -~. :~"--~*O""'~My -0I~rkni-~sion Expires: grovcsq.agt ', · ~o~d ~w.~-%~ ~, · [ITY DF DELRIIY BEI:I[H CITY ATTORNEY'S OFFICE ~oo ~ ,~, ^~. ~,.~^~ .~^~., .o~,~^ ~.4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer' s Direct Line: 561/243-7091 DELRAY BEACH Ail,America City MEMORANDUM oc,o er1 ,,99 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Virginia Sn.vder v. City of Delray Beach. Florida. et al This case arises out of alleged events occurring in 1989. Plaintiff alleges the City and its police officers, through a person employed by Ms. Snyder, obtained information and documents from Plaintiff's office. The Plaintiff alleges counts for Fraud, Civil Theft/Conversion, and Conspiracy to interfere with business. The complaint was filed in 1993. The Plaintiff alleges damages to her reputation, loss of revenues for her business, attorney's fees and costs, damages due to humiliation and mental anguish. The Plaintiff has proposed a settlement in the amount $375,000.00, including attorney's fees and costs. Our outside counsel has recommended that the City not accept the proposed settlement. Our counsel recommends that the City and named officers file a Joint Offer of Settlement in the amount of $20,000.00, including attorney's fees and costs and that the offer be filed as soon as possible. Our office concurs in counsel's recommendations. By copy of this memo to David Harden, City Manager, our office requests that the Plaintiff's offer of settlement and the request to file an Offer of Judgment on behalf of the Defendants be placed on the City Commission agenda of October 21, 1997. P~have any questions. SARkof ~d,/C cc: David Ha-'rde, a., City Manager Alison Harry, City Clerk snyder.sar MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M_~NAGER ~zI SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 21, 1997 APPOINTMENTS TO THE EDUCATION BOARD (STUDENT MEMBERS) DATE: OCTOBER 16, 1997 There are two vacancies on the Education Board for student members. Student members must either be residents of the City or must attend a Delray Beach public school. The term for the first student is for one year, while the term for the second student member is two years. Applications have been received from the following: Mauro Ferman Lindsay Smith Brian Steinbach Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment of a student member for a one year term will be made by Commissioner Randolph (Seat #4) and the student member appointment for a two year term will be made by Mayor Alperin (Seat #5). Please note, too, there is a vacancy on the Education Board for a regular member to fill the unexpired term of Denise May who submitted her resignation from the board. According to the rotation schedule, this appointment will be made by Commissioner Ellingsworth (Seat #3). Mr. Ellingsworth has asked that his appointment not be scheduled until advertising for additional applicants has occurred. Recommend appointment of two student members to the Education Board for one and two year terms, ending July 31, 1998 and July 31, 1999, respectively. ref:agmemo3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,~'~,, SUBJECT: AGENDA ITEM # 9~/- REGULAR MEETING OF OCTOBER 21, 1997 APPOINTMENT TO THE CODE ENFORCEMENT BOARD DATE: OCTOBER 16, 1997 At the September 23rd regular meeting, Martin Bellsey was appointed to the Code Enforcement Board as a regular member. Mr. Bellsey had been serving as an alternate member. Hence, a vacancy has been created for an alternate member (layperson) to fill Mr. Bellsey's unexpired term ending January 14, 1999. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be made on the basis of experience or interest in the fields of zoning and building control. Applications have been received from the following: Michael Coston (resides in the north for 4 months each year) Anthony Veltri Stanley Watsky Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Commissioner Schmidt (Seat #1) . Recommend appointment of an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 1999. ref:agmemol MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~N'AGER~ SUBJECT: AGENDA ITEM #i~- REGULAR MEETING OF OCTOBER 21, 1997 ORDINANCE NO. 44-97 (LDR AMENDMENTS REGULATING THE CONSTRUCTION OF LARGE HOMES) DATE: OCTOBER 17, 1997 Attached is documentation from the Planning Department concerning the revisions to the proposed LDR amendments as they relate to the large home compatibility issue. Ordinance No. 44-97 reflects the changes discussed by the City Commission at the October 7th meeting. Ordinance No. 44-97 is before the Commission for consideration on first reading. Please note that two different Exhibits "A" and "B" are attached to the ordinance. Exhibit "A" pertains to the definition of height. The first Exhibit "A" includes language limiting the height of chimneys, cupolas or other appurtenances while the second does not. Likewise, Exhibit "B" is provided in duplicate. The first Exhibit "B" includes the increased side setback requirement for second and third floors in the R-1AA zoning district while the second excludes the R-1AA district from this requirement. City Commission consideration and direction is requested. re f: agmemo 11 ~ TO: DAVID T. HARDEN THRU: D~NGUEZ, DI DEJ~ARTMENT OF PLANN1NG ANp ZONING FROM: PAUL DORLINC~, PRINCIPAL PLANNER SUBJECT: SUPPLEMENTARY INFORMATION RELATED TO THE LDR AMENDMENTS RECOMMENDED BY THE LARGE HOME TASK TEAM (CONTINUED FROM THE OCTOBER 7, 1997 MEETING). At the public heating on October 7, 1997 the City Commission denied Ordinance 43-97 on first reading and requested additional information relating to recommendations of the Large Home Task Team and their impact on properties in the City. The following supplementary information is provided for the City Commission's consideration. Height: In reviewing the five communities which are experiencing similar development pressures all communities have a maximum height limit which includes a limit for the highest point of the roof. The City of Delray Beach has a 35' height to the mean level of the roof however, has no upper limit for the highest part of the roof. In comparing the recommendations of the task team to other city's codes the following is noted: Boca Raton 25' 35' Gulf Stream 35' 35' Ocean Ridge 35' 35' Manalapan 30' & 35' 40' & 45' Palm Beach 40' 40' Delray Beach 35' NA The proposed maximum height of 35' to the highest point on the roof (except for chimneys and cupolas) is consistent with three of the five communities which were analyzed. It is noted with the maximum height of 35' the three communities have not experienced a noticeable increase in fiat roofs. Concerns over a proliferation of fiat roofed structures has been further addressed by the Town of Ocean Ridge through a restriction that fiat roofs are allowed on no more than 10% of the structure. Floor Area Ratios Floor Area Ratio (FAR) is the relationship between the building's total floor area and the area of the lot it sits on. If a building is 3,500 sq.ft, and it sits on a lot of 10,000 sq.ft, its FAR is .35. This direct relationship results in the ability to build bigger homes on bigger lots. Three of the five surrounding communities considered in this analysis have a FAR for their residential districts. Delray Beach, Boca Raton and Manalapan have no FAR requirement. Boca Raton None Gulf Stream .33 & .20 Ocean Ridge .36 Manalapan None Palm Beach .45 Delray Beach None The Task Team's proposal to implement a .40 FAR would allow the following maximum house sizes within single family zone districts: R-lA 7,500 1,000 3,000 R-lAB 7,500 1,500 3,000 R-1AA 9,000 1,500 3,600 R-1AAB 9,000 1,500 3,600 R-1AAA 12,500 2,200 5,000 R-1AAAB 12,500 1,500 5,000 *These maximum house totals indicated here allow slightly larger homes as the maximum floor area does not include terraces, and counts only 50% of attached garages, carports, and screened porches. Attached is a visual representation of the impact of the increased setbacks for second and third floors on a R-1AA lot (75x100). Two alternatives for the definition of height are also included, one which contains language limiting the height of chimneys, cupolas, and other building appurtenances and one which does not. In addition, two exhibits of the development matrix are provided, one which includes an increased second and third floor setback for R-1AA lots and one which does not. plart/doc/ccfar 10' Min I / I I I I I I I I I I I I I I I I I , ~ , 3'o13 EIevaffon ~ ,g ~ 100' I I I ! Minimum Building Setbocks I ,51' I ~ 1;;:)' For First Floor 12' , Min' i i I I .... Proposed Increosed Side Setbocks I I For Second & Third Floors I 17' vi 41' ,,, Min "i F ~i Min "~ 30'Min ................................ ._i Property kine 2nd/3rd FLoors · .~ont Elevation ~ 17'~ 41' -- 17' 1 / First Floor Could Aisc Be Setbock Line (17') If Stepped --12' 51' 12~ Bock Design Is Not Desired 1st FLoor ~ Edge of Property -- 7,5' ~- N ~ PROPOSED SETBACKS FOR R-l-AA LOTS CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT --- DIG~FA/ ~IA~E /dAP S)'¢~E1~¢ ---- MAP REF: LMA63 ORDINANCE NO. 44-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J) (1), "HEIGHT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE FAMILY HOMES WEST OF AiA; AMENDING SECTION 4.3.4(K), "DEXrELOPMENT STANDARDS MATRIX", TO PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK REQUIREMENT FOR SECOND AND THIRD FLOORS IN CERTAIN SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD A1A FROM THESE CHANGES; AMENDING APPENDIX "A", "DEFINITIONS", TO ADD A DEFINITION FOR "FLOOR AREA (GROSS)" AND FOR "FLOOR AREA RATIO (FAR) "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on September 15, 1997, and forwarded the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(J) (1), "Height", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as set forth at Exhibit "A" attached hereto and made a part hereof. Section 2. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3'.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as set forth at Exhibit "B" attached hereto and made a part hereof. SectiQn 3. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as set forth at Exhibit "C" attached hereto and made a part hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 44-97 EXHIBIT "A" (Definition of Height INCLUDING Restriction (j) ~~.himneys, cupolas or other appurtenances) (1) Defined: For all sinole family detached homes west of A1A height shall be defined as the vertical distance from orade to the hk~hest finished roof surface of a fiat roof or the highest point of the roof of a gable, hip. or gambrel roof. For all other structures, height is defined as the vertical distance from grade to the highest finished roof Surface of a fiat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. Chimneys. cupolas or other a0purtenances on buildings are limited to a maximum of 5' above the highest part of the pro.oosed structure or the minimum reoulred by the Standard Building Code. which ever is greater. The height set forth in the matrix is the maximum height for all structures within the respective zone district except as provided for in Subsection 4.3.4(J)(3)&(4). (2) Basis for Measurement: (a) For buildings adjoining one street, the grade is established ... from the mean elevation of the crown of the street along the lot frontage. (b) For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to single family detached dwelling units, less - than three stories, within residentially zoned districts, the grade .is established as the mean elevation of the finished surface of the ground adjacent to the extedor walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. [Amd. Ord. 43-91 6111191] EXHIBIT (Definition of Height EXCLUDING Restriction for chimneys, cupolas or other appurtenances) (J) Heipht: (1) Defined: For all single family detached homes west of AIA height shall be defined as the vertical distance from grade to the highest finished roof surface of a fiat roof or the highest point of the roof of a (~able. hip. or gambrel roof. For all other structures, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. The height set forth in the matrix is the maximum height for all structures within the respective zone distdct except as provided for in Subsection 4.3.4(J)(3)&(4). (2) Basis for Measurement: (a) For buildings adjoining one street, the grade is established from the mean elevation of the crown of the street along the lot frontage. (b) For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to single family detached dwelling units, less than three stories, within residentially zoned districts, the grade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. [Amd. Ord. 43-91 6/11191] EXHIBIT "C" I,- n, 0 9 o ~ o 0 0 ~ (3 .~ Z UJ 0 < 0 z 0 0 0 ,,, z 0 0 o c "' 0 CITY ATTORNEY'S OFFICE ~,~.~:.~,~~-°° s,~ ,~ ~o~?_~.~?,^v~'~. ~^~ ~^~, ~,_o~,~^ ,~ Writer's D~rect L~¢: ($6i) ~43-?0~0 DEIRAY BEACH Ali. America City MEMORANDUM ~l~ll~llll' DATE: October 16, 1997 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~-, SUBJECT: Municipal Beach Definition At the time the City Commission adopted Ordinance 39-97, the City Clerk's Office did not have a deed for one lot east of A-1-A. Therefore, until a copy of the deed was obtained, we did not feel the lot should be included in the ordinance. The copy of the deed has been obtained and is provided with the ordinance. Consequently, this ordinance adds Lot 8, Block E of the revised plat of Blocks D & E, Palm Beach Shore Acres to the definition for the "municipal beach". Once the Commission adopts this ordinance, the municipal beach definition will properly include all City owned property north of Beach Drive and east of A-1-A. If you have any questions, please call. DNT:smk Attachment cc: Dan~ T,~Iaedcn, City Manager Sharon Morgan, City Clerk's Office John Walker, Project Coordinator Eric D. Hightower, Police Legal Advisor bcach~.dnt ORDINANCE NO. 45-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND ING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-I-A, AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE DEFINITION OF THE MITNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 101.15 of the City Code provides for definitions as it pertains to municipal beaches parks and recreation sites within the City; and WHEREAS, the City Commission of the City of Delray Beach desires to certify the boundaries of the municipal beach and to incorporate the additional property within the definition of "Municipal Beach" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation" Section 101 15, "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: MUNICIPAL PARKS, BEACH AND OT~ER RECREATIONAL SITES Section 101.15 DEFINITIONS. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. "MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46 South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13 lying east of SR A1A, as described in a replat of part of Segers Addition, recorded in Plat Book 16, Page 89, Palm Beach County records; and that part of Lots 4, 5, 6~ ~ 7, and 8, Block E and the south 10 feet of Lot 3, Block E, as described in the Revised Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat Book 7, Page 38, Palm Beach County records, all lying east of the east curb of State Road A1A (Ocean Boulevard), including the waters of the Atlantic Ocean within the boundaries of this City. "PARK". Any land owned or controlled by the city under the management and administration of the Parks and Recreation Department and devoted primarily to outdoor recreation activities. "RECREATION SITE". Any facility, except a park, owned or controlled by the city, under the management and administration of the Parks and Recreation Department and devoted primarily to indoor recreation activities. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading i - 2 - Ord. No. 45-97 | McKEE LN. /' '~ ~ I I I U ~/ t~ ~ 1J I_ J ~~ ! l llL--dl~:'~r°~ co~ool ~ ~~ I Y ~ I ~ ,I : I ~ O WATERWAY LANE ~ ~ ~ ~ ~ l~l '~ N MUNICIPAL BEACH ~ Ol~ OF DELRAY BEACH a~ ~ D/LRAY BEA~, FL ~ - ~ ~ED ~ THE MUNICIP~ B~H -- ~ - ~ POTION OF LOT 8, ~L~K ~ O~IC~ ORDI~CE 59-97. OF THE R~SED P~T OF ~LKS PLANNING · Z~ING ~PAR~ENT D~E, P~M B~CH SHORE ACRES. IM~GEOI: FL~1-463S~-1 10/01/1997 10:48~4am Page 1 oF 3 .ecoa4 pure, .. !n aouuXderut~L~ of t4~j Jura of one Do~r (~.00). and o~r ~uuble - '-~d P~=~7 o~ ~ .eaoud ps,c, or. ~.~;' ~oL'poraee ouoce~.. ~0/08/07 M0~ 00:28 IMAGE01: FL-97-46355-1 10/01/1997 10:48:34am Pag~ 2 of 3 Im~'~¥ of the secc~d pa~., o~ ~1' ~x~l mx~ello~f, ,. (3) ~b ~~~~ (x)~ ~ u~o Ancl~ ~ to ~ ~h~h XO0 ~ o~ .. .... -- .-- ~sc~ ~ '~ i~t~ ~ m~d'~, ' '".. '~e or ~g~a~ ~14 ~n~e ~ ~ 10/06/97 MON 09:28 [T~/RX NO 8667] [ITY OF DELRI1¥ BEI:IgH CITY ATTORNEY'S OFFICE TM TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~e: 561/243-7091 OELRaV seac~ ~MOR~~ llblmericaC~ DATE: October 16, 1997 c ,co ss,on ] ~3 FROM: Susan A. Ruby, Ci~ A~orney SUBJECT: Tate v. Ci~ of Delray Beach and Lake Wor~ Drainage District The pu~ose of ~is memorandum is to call for a closed auorney-client session pursuit to Florida Statutes 286.011(8) for ~e October 21, 1997 Ci~ Co~ission meeting to discuss settlement negotiations ~d s~ategy related to litigation expenditures in ~e above case. Strict compliance wi~ Florida Statutes Section 286.011(8) is required by law. Therefore, prior to ~e co~encement of ~e closed attorney-client session ~e Mayor should read ~e following: "The CiW has scheduled a closed attorney-client session pursuant to Florida Statutes Section 286.011(8) in ~e case of Staffiey Tate vs. ~e CiW of Delray Beach and L~e Wor~ Drainage District. The est~ated leng~ of · e closed session shall be 15 minutes. The following perso~ will be attending: Mayor Jay Alperin, Co~issioners David Randolph, David Sc~idt, Ken Ellingswor~, and Kevin Egan, David Harden, CiW Attorney Susan Ruby, Assistant CiW Attorney David Tolces, Bill Doney, lawyer for · e City, and a certified court reporter." After ~e closed session is over, ~e Mayor should a~ounce ~at ~e regular meeting is reopened, and ~e closed session is te~inated. By copy of ~is memor~dm to David H~den, our office requests ~at ~e agenda be prepared giving reasomble public notice of ~e time and date of ~e closed attorney-client session for October 21, 1997 and ~at ~e agenda item include ~e nme of ~e case, ~e nines set for~ above of ~ose persons attending ~e session, and identi~ ~e item as a closed door session pursuant to Florida Statute 286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. 286.011. In addition, please place a separate item on ~e agenda entitled, "Settlement of Tate v. CiW nd Lake Wor~ Drainage District", SA~ . cc: David Har~en, Ci~ M~ger Alison MacGregor Har~, CiW Clerk David Tolces, Assistam Ciw Attorney Bill Doney, Esq. FSA § 286.01.1.. Public meetings and records: public inspection: criminal and civil penalties Page 1 '29301 West's F.S.A. § 236.011 degree, punishable as provided in s. 775.082 or s. 775.083. WEST'S FLORIDA STATUTES A~NNOTATED (c). Conduct which occurs outside the state TITLE XLX. PUBLIC BUSINESS which would constitute a knowing violation of CHAPTER 286. PUBLIC this section is a misdemeanor of the second BUSINESS; MISCELLAaNEOUS degree, punishable as provided in s. 775.082 or s. 775.083. PROVISIONS (4) Whenever an action has been filed against Current through En~ of 1996 2nd Reg. Sess. any board or commission of any state agency or authority, or any agency or authority of any 286.011. Public meetings and records; county, municipal corporation, or political public inspection; criminal and civil subdivision to enforce the provisions of this penalties section or to invalidate the actions of any such board, commission, agency, or authority, which (I) All meetings of any board or commission action was taken in violation of this section, and of any state agency or authority, or of any the court determines that the defendant or agency or authority of any county, municipal defendants to such action acted in violation of corporation, or political subdivision, except as this section, the court shall assess a reasonable otherwise provided in the Constitution, at which attorney's fee against such agency, and may official acts are to be taken are declared to be assess a reasonable attorney's fee against the public meetings open to the public at all times, individual filing such an action if the court finds and no resolution, rule, or formal action shall be it was filed in bad faith or was frivolous. Any considered binding except as taken or made at fees so assessed may be assessed against the such meeting. The board or commission must individual member or members of such board or provide reasonable notice of ail such meetings, commission; provided, tha~ in any case where the board or commission seeks the advice of its (2) The minutes of a meeting of any such attorney and such advice is followed, no such board or commission of any such state agency fees shall be assessed against the individual or authority shall be promptly recorded, and member or members of the board or such records shall be open to public inspection, commission. However, this subsection shall not The circuit courts of this state shall have apply to a state attorney or his or her duly jurisdiction to issue injunctions to enforce the authorized assistants or any officer charged with purposes of this section upon application by any enforcing the provisions of this section. citizen of this state. *29302 (5) Whenever any board or (3)(a) Any public officer who violates any commission of any state agency or authority or provision of this section is guilty of a any agency or authority of any county, noncriminal infraction, punishable by fine not municipal corporation, or political subdivision exceeding $500. appeals any court order which has found said board, commission, agency, or authority to have (b) Any person who is a member of a board or violated this section, and such order is affirmed, commission or of any state agency or authority the court shall assess a reasonable attorney's fee of any county, municipal corporation, or for the appeal against such board, commission, political subdivision who knowingly violates the agency, or authority. Any fees so assessed may provisions of this section by attending a meeting be assessed against the individual member or not held in accordance with the provisions members of such board or commission; hereof is guilty, of a misdemeanor of the second provided, that in any case where the board or Copyright (c) West Group 1997 No claim to original U.S. Govt. works FSA § "86.01 l, Public meetings and records: public inspection; criminal and civil penalties Page 2 commission seeks the advice of its attorney and No portion of the session shall be offthe record. such advice is followed, no such fees shall be The court reporter's notes shall be fully assessed against the individual member or transcribed and filed with the enti,tys clerk members of the board or commission, within a reasonable time after the meeting. (6) All persons subject to subsection (I) are (d) The entity shall give reasonable public prohibited from holding meetings at any facili .n, notice of the time and date of the attorney-client or location which discriminates on the basis of session and the names of persons who will be sex. age. race. creed, color, origin, or economic attending the session. The session shall status or which operates in such a manner as to commence at an open meeting at which the unreasonably restrict public access to such a persons chairing the meeting shall announce the facili,ty, commencement and estimated length of the attorney-client session and the names of the (7) Whenever any member of any board or persons attending. At the conclusion of the commission of any state agency or authority or attorney-client session, the meeting shall be any agenc':' or authority of any county., reopened, and the person chairing the meeting municipal corporation, or political subdivision shall announce the termination of the session. is charged with a violation of this section and is subsequently acquitted, the board or (e) The transcript shall be made part of the commission is authorized to reimburse said public record upon conclusion o£the litigation. member for any portion of his or her reasonable '29303 attorney's fees. CR0 l ,,J (8) Notwithstanding the provisions of CREDIT(S) subsection (1), any board or commission of any 1997 Electronic Update state agenc7 or authority or any agency or authority of any county, municipal corporation. CRDI Amended by Laws 1991. c. 91-224. ~ 33: Laws or political subdivision, and the chief 1993. c. 93-232, .~ I. eft June 30. 1993: Laws 1995. c. administrative or executive officer of the 95-148, ag 210, eff duly lO, 1995: Laws1995. c. 95-353, ~ governmental entity, may meet in private with I. eftdune I7, 1995. the entity's attorney to discuss pending litigation <<For additional credits, if any. see Pliztorical Note to which the entity is presently a party before a court or administrative agency, provided that the field.>> following conditions are met: HISTORICAL NOTES (a) The entity's attorney shall advise the entity, ,)( HISTORICAL AND STATIYrORY NOTES at a public meeting that he or she desires advice concerning the litigation. 199'/Electronic Update (b) Tile subject matter of the meeting shall be Laws 1991, c. 91-224, a reviser's bill modified confined to settlement negotiations or strategy provisions for punishment of misdemeanors as ¢ontaine~ in sessions related to litigation expenditures, this seczion by deleting reference to punishment pursuant to § 775.084 to conform with Laws 1988. ¢. 88-t31 which deleted all references to misdemeanors from § 775.084. (c) Tile untire session shall be recorded by a certified t:ourt reporter. The reporter shall Laws 1993. c. 93-232. § 1. eft. June 30. 1993. added record th~: times of commencement and subsec.(8). termimttiw~ of the session, all discussion and Laws 1995. ¢. 95-148. a reviser's bill. removed gender- procctcdJngs, the names of all persons present at specific reti:rences applicable to human beings wir3out any time, and the names of all persons speaking, substantive changes in legal effect. Copyright (c) West Group 1997 No claim to original U.S. Govt. works ...from Public Mana.qement Maqazine, August, 1981' "The Public Servant's Lament" If I express myself on a subject, I'm trying to run things. If I'm silent, rm dumb or have lost interest. If I'm always at my office, why don't I get out and learn what's going on? If I'm out when they call, why am I not tending to business? If I'm not at home at night, I'm out carousing. If I'm home, I'm neglecting important outside contacts and activities. If I don't agree with persons, I'm bull-headed. If I do agree, I don't have any ideas of my own. If I don't do what I'm requested, I'm a darn poor official. If ldo what you ask, well, that's what I'm paid for. If I give someone a short answer, I'm "too big for my britches." If I attempt to explain the pros and conS of an issue, I'm a know-it-all and long-winded. If I'm well-dressed, Ithink I'm a big shot. If I'm not, "~ I'm a poor representative of my office. If I'm on the job a short time, I'm inexperienced. If I've been there a long time, it's time for a change. --Anonymous