12-02-97 Regular DELRAY BEACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING AIl-~merimCR~
COMMISSION CHAMBERS ~11~ ~
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further, unless permission to continue or
again address the Commission is granted by a majority vote of the
Commission members present.
Regular Commission Meeting
December 2, 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 November 18, 1997
6. Proclamations: None
7. Presentations:
A. Andy Pinto, President - Delray Beach Lodge Sons of Italy in
America
8. Consent Agenda: City Manager recommends approval.
A. HAMLET TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement
with the Hamlet Resident Homeowner Asssociation allowing the
Police Department to enforce state and local traffic laws on
the private roads of the Hamlet.
B. NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW
ENFORCEMENT: Approve renewal of the user agreement with the
Florida Department of Law Enforcement for use of the Florida
and National Crime Information Centers (FCIC/NCIC) which allows
the City's Police Department to access state and national data
banks.
C. EXTENSION OF MEMORANDUM OF UNDERSTANDING/DELRAY BEACH HOUSING
RENAISSANCE PROGRAM: Approve a one year extension of the
Memorandum of Understanding and the Policies and Procedures
that govern the Delray Beach Housing Renaissance Program.
D. AGREEMENT FOR SIDEWALK IMPROVEMENTS/COLRIDGE COMPANY, INC.:
Approve an agreement between the City and Colridge Company,
Inc. to allow the deferral of sidewalk improvements along
Venetian Drive associated with a multi-family development
(triplex) until installation is required by the City. The
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Regular Commission Meeting
December 2, 1997
subject property is located south of Ingraham Avenue on the
west side of Venetian Drive.
E. CONTRACT EXTENSION FOR CITY ACQUISITION OF WARD PROPERTY:
Approve an extension of the closing date to January 31, 1998,
for the City's acquisition of the Ward property adjacent to the
Leon Weekes Environmental Preserve.
F. RESOLUTION NO. 85-97 AUTHORIZING ACQUISITION OF PROPERTY AND
ASSIGNMENT OF CONTRACT TO HABITAT FOR HUMANITY: Approve a
resolution authorizing the City to acquire property located at
105 S.W. 7th Avenue as part of the City's Affordable Housing
Program, together with an Assignment Agreement authorizing the
City to assign the sale and purchase contract to Habitat for
Humanity of Boca-Delray.
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Planning and Zoning
Board, Site Plan Review and Appearance Board and the Historic
Preservation Board during the period November 17 through
November 26, 1997.
H. AWARD OF BIDS AND CONTRACTS:
1. Lease contract in the amount of $36,064.80 via Dade County
Public School Contract, to Copyco, Inc. for a 60 month
lease of a copy machine for the Planning and Zoning
Department, with funding from 001-2511-515-44.30 and
001-2711-524-44.30.
2. Bid award in the amount of $234,960 to Almazan Brothers
Trucking, Inc., for the Woods of Southridge roadway
construction. Funding will come from 334-3162-541-61.17.
This is an assessment project with the City paying
$78,320; and with $156,640 being a General Fund loan which
will be repaid from the assessments on the abutting
properties.
9. Regular Agenda:
A. CONDITIONAL USE MODIFICATION/SHULER'S MEMORIAL CHAPEL:
Consider a request for conditional use modification for
Shuler's Memorial Chapel to allow expansion of the existing
funeral home. The subject property is located at the southwest
corner of West Atlantic Avenue and S.W. 6th Avenue, and is
zoned GC (General Commercial) District. QUASI-JUDICIAL
PROCEEDING
B. PROPOSED IMPROVEMENTS TO THE LAKEVIEW GOLF COURSE CLUBHOUSE:
Presentation on the proposed improvements to the Lakeview Golf
Course Clubhouse, and consider approval to proceed with
development of construction documents.
C. BONUS PAYMENT AND CONTRACT AMENDMENT/BJCE, INC.: Consider
approval of a bonus payment in the amount of $18,225 to BJCE,
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Regular Commission Meeting
December 2, 1997
Inc. for FY 1997, with funding from 445-4711-572-31.90;
together with an amendment to the Golf Course Management
Agreement dated November 1, 1994, to revise Exhibit "B",
Performance Bonus, for FY 1998.
D. AMENDMENT TO MANAGEMENT AGREEMENT FOR TENNIS CENTER/DUBIN &
ASSOCIATES, INC.: Consider approval of a contract amendment to
the tennis center portion of the Management Agreement with
Dubin & Associates, Inc. to extend the term through September
30, 1999, and increase base management fees for FY 1998 and FY
1999. Funding is available from 001-4124-572-31.90.
E. TENNIS CENTER CONSULTING AGREEMENT/PRIME ACCESS, INC.:
Consider approval of a consulting agreement with Prime Access,
Inc. for securing sponsorships for events held at the tennis
center, in the amount of $6,000 annually.
F. PEDI-CAB USE/ART AND JAZZ ON THE AVENUE: Consider allowing the
use of pedi-cabs in the downtown area for the December llth Art
and Jazz on the Avenue.
G. PROPOSED REVISION TO AGREEMENT FOR COMPLETION OF SUBDIVISION
IMPROVEMENTS AND GUARANTEE/HAMMOCK RESERVE DEVELOPMENT COMPANY:
Consider approval of a request from Hammock Reserve Development
Company to modify the City's standard form agreement governing
subdivision improvements and guarantee (letter of credit).
H. AGREEMENTS WITH PALM BEACH COUNTY AND PALM BEACH COUNTY SCHOOL
DISTRICT/PINE GROVE COMMUNITY PARK: Consider approval of an
interlocal agreement by and among the City, the County and the
School District related to the design, construction and funding
of ballfield lighting and other improvements at Pine Grove
Community Park, and the Second Addendum to the Master Agreement
between the City and the School District to provide for the
mutual use, maintenance and provision of additional recreation
and playground facilities at Pine Grove Community Park.
I. INCREASE/FINAL PAYMENT FOR THE DOWNTOWN PARKING STUDY:
Consider approval of an increase in the amount of $765.37 over
the original approved amount for parking consultant John D.
Edwards, and approve final payment in the amount of $1,393.77
with funding from 115-0000-248-01.00.
J. RATIFICATION OF APPOINTMENTS TO ALL AMERICA CITY STEERING
COMMITTEE: Consider ratification of the 16 member Steering
Committee proposed for the 1998 All America City Award applica-
tion and process.
K. APPOINTMENT TO THE HIGH-RISE FIRE SAFETY TASK TEAM: Appoint a
resident representative from the Coastal House Condominium to
the High-Rise Fire Safety Task Team to fill an unexpired term
ending March 31, 1998.
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Regular Commission Meeting
December 2, 1997
10. Public Hearings:
A. ORDINANCE NO. 47-97: An ordinance rezoning a portion of the
Yake property from RL (Low Density Residential/3-6 units per
acre) to RM-8 (Medium Density Residential/5-8 units per acre).
The subject property is located approximately 850 feet east of
North Federal Highway, north of Denery Lane, south of Royal
Palm Boulevard, and immediately west of and adjacent to the
Intracoastal Waterway. QUASI-JUDICIAL ~EARING
B. ORDINANCE NO. 52-97 (FIRST READING/FIRST PUBLIC ~EARING): An
ordinance amending Appendix "A", "Definitions", of the Land
Development Regulations by establishing a definition for
'Self-Service Storage Facility'; amending LDR Section 4.3.3 to
establish specific requirements for self-service storage
facilities; and amending Section 4.4.19, "Mixed Industrial and
Commercial District", and Section 4.4.26, "Light Industrial
District", to allow self-service storage facilities as a
conditional use in those zone districts. If passed, a public
hearing will be scheduled for January 6, 1998.
Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public ~earings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 53-97: An ordinance amending Chapter 135,
"Abatement of Nuisances", of the City Code to empower the
Nuisance Abatement Board with the full range of authority
granted by state law. If passed, a public hearing will be
scheduled for January 6, 1998.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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£n'¥ I]F I]EI. RR¥ BER£H
CITY ATTORNEY'S OFFICE
'T~]_,E?HONE 407/24~-'78Z~ · ~ACSZN[Z~,]~ 407/243o78~6
POLICE LEGAL ADVISOR
Ail.America City
TO: David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 19, 1997
SUBJECT: Hamlet Traffic Agreement
Attached for your review and insertion on the Consent Agenda are two copies of
the Hamlet Traffic Agreement. This agreement will allow the Police Department
to enforce state and local traffic laws on the private roads of the Hamlet.
The cost to the City will be minimal as the Department will have discretion to
determine when personnel will be available to patrol the area. As for liability, the
City will be added to the Association's $100,000.00 liability insurance policy as
an additional insured. Further, the Hamlet will indemnify the City for acts that
are a result of actions taken under this agreement.
Feel free to contact me if I can be of further assistance in this matter.
EDH:Ibg ~(~'
c: Susan Ruby, City Attorney
Allison MacGregor Harty, City Clerk
,~d~,L~doc Richard Overman, Chief ~"~ h~"~
Pnnted on Recyc/ed Paper
HAMLET RESIDENT HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") through its Police Department, wishes to make its
Community Policing efforts in the Hamlet as effective as possible; and
WHEREAS, the HAMLET RESIDENT HOMEOWNER ASSOCIATION
(hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of
state and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the CITY
Commission which provides for reimbursement for actual costs of traffic control
and enforcement liability insurance and indemnification and other terms as are
mutually agreeable by the parties.
Now, therefore, for the mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree
as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic
laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
Golf Carts may be operated on all private roads owned by the Association.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the
CITY.
4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY,
its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts
of traffic control and traffic enforcement that occur on the ASSOCIATION's
property during the term of this agreement. Nothing herein shall be deemed a
waiver of the privileges and immunities granted to the CITY under F.S. 768.28.
This indemnification shall survive the cancellation of this agreement.
5. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
6. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the HAMLET RESIDENT HOMEOWNER
ASSOCIATION, INC. and shall continue in full force and effect until,
, 199 . Under no circumstances may this agreement be
renewed, amended, or e~ended except in writing.
7. Either party may cancel their participation in this agreement upon delivery
of 30 days written notice to the other party. Cancellation will be at the direction
of the subscribing party.
8. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys fees.
9. The ASSOCIATION, by signing below, affirm that they have read and
understand this agreement and that they have been given the opportunity to
have the attorney of their choice review this agreement.
This agreement made and entered into on this day of
, 199 .
City of Delray Beach, Florida
By:
City of Delray Beach Hamlet Resident Homeowner
by Mayor Jay Alperin Association, Inc.
ATTEST:
City Clerk
Approved as to form
and legal sufficiency
Hamlet.doc/docs/agreemen
L.A.O. 11/97
CITY OF IlELRAY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
~ POLICE LEGAL ADVISOR
Ali,America City
~9~:~ TO: Alison MacGregor HaZy, City Clerk
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 25, 1996
SUBJECT: Hamlet Resident Traffic Enforcement Agreement
Enclosed are two original corrected versions of the above mentioned agreement.
If you have any questions, please feel free to contact me.
EDH:lbg ,~f~-///,
Pr~nted on Recycled Paper
[IT¥ DF DELflI BEFI[H
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali.America City
O' David Harden, City Manager
1993
FROM: Eric D. Hightower, Police Legal Advisor
DATE: November 17, 1997
SUBJECT: FCIC User Agreement
Attached for insertion on the Consent Agenda are two copies of the above-
referenced agreement. The agreement is the same as the prior agreement
executed in 1996 except the addition of Sections 2,(I),(m) which authorize the
sharing of criminal history information with the Department of Juvenile Justice
and the Department of Children and Families under separate agreements.
These additions do not materially alter the agreement.
Liability does not increase for the City as the Sovereign Immunity clause insures
the protections enjoyed by the City under P.S. 768.28.
Feel free to contact me if I can be of further assistance in this matter.
EDH:Ibg ~//~;~
c: Susan Ruby, City Attorney
Allison MacGregor Harty, City Clerk
Richard Overman, Chief
HardenlO doc
Printed on Recycled Paper
USER AGREEMENT
This agreement, entered into between the Florida Department of Law
Enforcement (hereinafter referred to as FDLE), an agency of the state of Florida
with headquarters at 2331 Phillips Road, Tallahassee, Florida and the DELRAY
BEACH POLICE DEPARTMENT, by and through the City of Delray Beach,
Florida, with headquarters at 300 West Atlantic Avenue, Delray Beach, Florida,
(hereinafter referred to as the User), witnesseth that:
This User agreement is designed for use with all Florida criminal justice
agencies. If your agency does not perform a specific function, the provisions
regarding that function will not apply to your agency.
1) FDLE is an agency of the state of Florida authorized by law to establish
and operate the Florida Crime Information Center (hereinafter FCIC), and to
participate in similar multistate and federal systems for the exchange of
information relating to crimes, criminals and criminal activity.
2) Information obtained from the FCIC files, or obtained through computer
interfaces to other state or federal systems, by means of access granted
pursuant to Section 943.0525, F.S., can only be used for criminal justice
purposes. The information available in this way through the services of FCIC is
restricted to law enforcement and other criminal justice agencies for official use
only. Information retrieved from the FCIC by direct access is not to be made
available under provisions of the public records law (Chapter 119 F.S.).
Compliance with Chapter 119, F.S., is accomplished by directing record
requests to FDLE per Chapter 11C-6, F.AC., and section 943.053(3), F.S It is
the responsibility of authorized criminal justice purposes only, and to regulate
proper use of the network and information at all times.
3) FDLE participates in the National Crime Information Center (hereinafter
NCIC) of the United States Department of Justice and in the National Law
Enforcement Telecommunication System (hereinafter NLETS), serving as
Florida's control agency for the interstate transmission of criminal justice
information to and from agencies in Florida and agencies in the continental
United States, Alaska, Hawaii, Canada and Puerto Rico.
4) The User requires access to intrastate and interstate criminal justice
information systems in order to effectively discharge its public duties.
5) As this agreement applies to networked workstation software and
exchange of criminal history information, FDLE is willing to allow local law
enforcement and other criminal justice agencies wishing to participate in the
FCIC telecommunications system to do so, provided that the User agrees to
abide by applicable federal and state laws, as long as FDLE retains full control
over the management and operation of the FCIC, and provided that the User has
requested access to FCIC, NCIC and NLETS by becoming a part of the FCIC
system.
SECTION I FCIC USER WORKSTATION CONDITIONS
Now therefore, in light of the foregoing representations and the promises,
conditions and other valuable consideration more fully set out or incorporated
herein by reference, FDLE, by its duly authorized officials, agrees:
1) To furnish the User, a criminal justice agency, with such criminal justice
information as is available in the FCIC files, and to serve as the means of
exchange of computerized administrative messages between the User and other
criminal justice agencies on the FCIC telecommunications network. In addition,
FDLE agrees to serve as the state control terminal for the interchange of
information between NCIC, NLETS and the User.
2) To provide access to the User agency. FDLE will not be responsible in
any regard for the workstation acquisition, maintenance, operation, repair,
supplies or workstation operation personnel costs.
3) To schedule and provide Basic FCIC training for workstation operators
and other personnel at locations and times arranged by FDLE training staff.
Only those workstation operators who have successfully completed such training
to the acknowledged satisfaction of the FCIC instructor and who have been so
certified shall be allowed to have access to the FCIC system. Those persons
who are in their initial six months of assignment to workstation operator duties
are permitted supervised access to the FCIC for training purposes. Within this
initial six month period, the operator should be trained in-house and become
certified by the FDLE training staff.
4) Should User desire to relocated the workstation, the User shall provide
FDLE/FCIC 90 days written notice. All costs associated with the relocation of
the workstation equipment and the data circuits(s), including delays in work
order dates, will be borne by User unless FDLE has funding to make changes
without charge. The repair and cost of any damages resulting from such
relocation will be the User's responsibility.
5) To allow only law enforcement and other criminal justice agency
personnel who have been properly screened to have access to information
contained within the FCIC/NCIC system or other state criminal justice
information system files.
6) Should the workstation malfunction or become inoperable, FDLE/FCIC
will be notified immediately. All costs associated with returning the workstations
to operation, other than network costs, will be the User's responsibility. FCIC
will execute trouble shooting procedures.
7) To maintain records of certified workstation operators and require
employee attendance at training classes provided. User agrees to remove from
FCIC access any employee who fails to achieve required certification standards.
8) To operate the workstation during its regular working hours. User
agencies that do not maintain a 24-hour, seven day a week operation will not be
allowed to make entries into the FCIC/NCIC wanted files.
9) To provide assistance to other law enforcement or criminal justice
agencies not equipped with an FCIC workstation in keeping with FDLE/FCIC
standards, but only to the extent that such assistance is not otherwise
prohibited.
10) To send only law enforcement and other criminal justice messages over
and through the FCIC network. All messages will be treated as privileged unless
otherwise indicated. However, information classified under pertinent federal
laws and instructions will not be transmitted.
11) To operate the workstation and otherwise conduct itself in strict
compliance with applicable FCIC, NClC and NLETS policies including, but not
limited to, policies, practices and procedures relating to:
A) Confirmation and entry of information for conversion.
B) Validation and certification.
C) Daily accounting for positive responses to inquires.
D) Cancellation of entries.
E) Interagency notification and confirmation of positive responses to
inquires.
F) Prudent use of statewide regional transmissions.
G) Use of plain text in message traffic.
All policies, procedures and operating instructions presently contained in current
NClC and NLETS documents and FCIC Operating Manual and technical
memoranda, published by FDLE, and hereby incorporated into and made a part
of this agreement, except to the extent that they are inconsistent herewith or
legally superseded by higher authority.
12) Take necessary measures to make the workstation secure and prevent
any unauthorized use. Federal regulation 28 C.F.R. Section 20.21(f) demands
that the User accept and have authority to execute, monitor, and enforce
security policy without interference (i.e., be delegated management control over
the terminal and departmental employees having access to it). FDLE/FCIC
reserves the right to object to equipment (workstation) location, security
measures, qualifications and number of personnel who will be accessing FCIC
and to suspend or withhold service until such matters are corrected to its
3
reasonable satisfaction. FDLE/FCIC further reserves the right to conduct
inspections concerning the proper use and security of the workstation facility.
Such inspections may be accompanied by personnel of the User.
13) User understands that the FDLE/FCIC, its officers, and employees shall
not be liable in any claim, demand, actions, suit, or proceeding, including, but
not limited to, any suit in law or in equity, for damages by reason of, or arising
out of, any false arrest or imprisonment or for any loss, cost, expense or
damages resulting from or arising out of the acts, omissions, or detrimental
reliance of the personnel of the User in entering, removing, or relying upon
information in the FClC/NClC/NLETS information systems.
SECTION II WORKSTATION SOFTWARE LICENSE
The FCIC II Workstation Software program is licensed to FDLE by Datamaxx
Applied Technologies, Inc., for use only under the terms set forth herein. By
installing the software package and/or by using the software, the User agrees to
be bound by the Terms of this license as set forth in this Agreement.
1) The FCIC II Workstation Software License permits the User to use one
copy of the specified version of the FCIC II Workstation Software product, which
may include User documentation provided in "on-line" or electronic form
("SOFTWARE"). The SOFTWARE is licensed as a single product. Its
component parts may not be separated for use on more than one computer or by
more than one User at any time. If the User has received written permission
from FDLE for multiple copies of the SOFTWARE, then at anytime the User may
have as many copies of the SOFTWARE in use as specified in such written
permission. The SOFTWARE is "in use" on a computer when it is loaded into
the temporary memory (i.e., RAM) or installed into the permanent memory (e.g.,
hard disk, CD-ROM, or other storage device) of that computer.
2) FDLE agrees to provide updates to the FCIC II Workstation Software as
necessary to support all functions of NCIC 2000, NLETS, and other related
computerized systems interfaced to FCIC. When the SOFTWARE is an upgrade
from an FDLE product, the User may use that upgraded product only in
accordance with this Agreement.
3) The SOFTWARE (including any images, video, audio, and text
incorporated into the SOFTWARE) is owned by Datamaxx Applied
Technologies, Inc., and is protected by the United States copyright laws and
international treaty provisions. Therefore, the User must treat the SOFTWARE
like any other copyrighted material, except that under the terms of FDLE's
License, the User may either (a) make one copy of the SOFTWARE solely for
backup or archival purposes, or (b) transfer the SOFTWARE to a single hard
disk provided the User keeps the original solely for backup or archival purposes.
However, the User may copy the printed materials accompanying the
SOFTWARE and may print copies of any User documentation provided in "on-
line" or electronic form, upon the condition that such copies will be used for
criminal justice purposes only.
4) The Agreement is proof of authorization to exercise the rights granted
herein and must be retained. The User may not reverse engineer, decompile, or
disassemble the SOFTWARE, except to the extent the foregoing restriction is
expressly prohibited by applicable law.
The User agrees that FCIC II Workstation Software will run at the highest and
foremost priority of any application that is supported by the FCIC workstation. In
any situation in which the User experiences problems relating to FCIC access
that appear to be related to the fact that other applications beside FCIC are
running on the workstation, the User agrees to abort these applications and
remove them from the FCIC workstation until such time that the FCIC II
Workstation Software can be reloaded and the FCIC application restored to full
service. In this situation the User agrees to not reload these applications onto
the workstation until there has been a review done of the application
requirements, and certification obtained that sufficient resources are available in
the workstation to appropriately run these programs without interference with or
impairment of the FCIC application.
The User also agrees to run a virus checking program on the personal
computers where the Workstation Software is loaded.
5) To the maximum extent permitted by law, User agrees that FDLE shall not
be liable for any damages whatsoever arising out of or related to the use or
inability to use this Workstation Software product, even if FDLE has been
advised of the possibility of such damages. This Agreement does not constitute
a waiver of any defense or immunity lawfully available to FDLE.
SECTION III EXCHANGE OF CRIMINAL HISTORY RECORD INFORMATION
FDLE is an agency of the State of Florida, established by law Section 20.201
and Chapter 943, F.S.) and invested with power and authority to establish
intrastate systems of fingerprint analysis and identification (Subsection
943.05(2), F.S.) and intrastate systems of communication of vital statistics and
information relating to crimes, criminals and criminal activity (Subsection
943.05(2), F.S.):
FDLE has received criminal justice information systems funding from the United
States Department of Justice and is subject to and must, therefore, demand that
the intrastate Users of its criminal history record services likewise adhere to
federal regulations relating to the collection, handling and dissemination of state
criminal history record information derived therefrom (Chapter 11C, F.A.C.; 28
C.F.R. Subpart 20B);
FDLE is authorized by law (Subsection 943.03(5), F.S. and Section 943.05, F.S.)
to enter into agreements and become part of federal and intrastate systems for
the collection and exchange of criminal history records and other information
relating to crimes, criminals and criminal activity.
FDLE is a participant in the National Crime Information Center (NCIC) and the
Federal Bureau of Investigation, United States Department of Justice, and
exchanges criminal history record information with the Federal Bureau of
Investigation pursuant to the above state statutes and subject to federal
regulations (28 C.F.R. Subpart 20C) and laws (Title II, Sec. 201 of Public Law
92-544, 86 Stat. 1115; 28 USC. 534). As such, FDLE must enforce and
demand that its User agencies comply with pertinent federal provisions relating
to the collection, use, and dissemination of records and record information
derived from the systems of the United States Department of Justice;
User is a duly authorized law enforcement or criminal justice agency within the
State of Florida and desires the services of FDLE in order to carry out functions
associated with criminal justice administration, and FDLE is required and willing
to provide such services so long as all applicable federal and state laws, rules
and regulation are strictly complied with;
Now, therefore, in light of the foregoing representations and the promises,
conditions, terms and other valuable considerations more fully set forth
hereinafter or incorporated by referenced and made a part hereof, the FDLE and
User do mutually agree as follows:
1) FDLE AGREES TO:
a) Act as the central state repository, providing identification,
recordkeeping, and exchange of criminal history record information
services;
b) Provide USER with such state criminal history records and
information for criminal justice purposes as may be contained in its
systems and legally available to the USER;
c) Act as an intermediary between USER and the United States
Department of Justice in securing, for the use and benefit of USER,
such federal and multistate criminal history records or information
as may be available to USER under federal laws and regulations;
d) Upon request, assist USER in its staff orientation to the privacy
and security requirements imposed by present and proposed state
and federal laws, rules and regulations;
e) Provide USER with an identification Manual setting out and
explaining appropriate procedures for completing fingerprint cards,
disposition reports and otherwise, advising the USER of services
available.
f) Provide state criminal history record check services for non-
criminal justice purpose in accordance with provisions of Chapter
11C-6, F.A.C.
2) USER AGREES TO:
a) Except as otherwise provided for by rules of FDLE, submit to
FDLE, for inclusion in criminal history records information systems,
adult and juvenile criminal fingerprint cards on all felony arrests,
adult criminal fingerprint cards on all misdemeanor and
comparable ordinance violation arrests and juvenile criminal
fingerprint cards on misdemeanor arrests as specified at Section
943.051 (3)(b), F.S.;
b) Establish a mechanism for the collection and submission of
disposition data on criminal arrests (pretrial dispositions, trials,
sentencing, confinement, parole and probation) to FDLE for
inclusion in the centralized criminal history record information
system in accordance with rules of the FDLE. Rule 11C-4.06,
F.A.C.;
c) Provide security for criminal history record information and systems
in accordance with applicable laws, rules, and regulations and
indoctrinate personnel who receive, handle or have access to
criminal history record information;
d) Screen all personnel who will have direct access to criminal history
record information and reject for employment (or take appropriate
disciplinary action against) such personnel who have violated or
appear unwilling or incapable of abiding by the security
requirements established for the collection, storage, or
dissemination of criminal history record information;
e) Disseminate criminal history record information derived from
federal records or systems only to criminal justice agencies and
only for criminal justice purposes. Criminal justice purposes
include criminal justice employment screening. Agencies which
interface between FDLE and other criminal justice agencies must
abide by all of the provisions of this agreement. Agencies must,
likewise, abide by all provisions of this agreement;
f) Except as provided for in paragraph j and I, below, disseminate
criminal history record information derived from state records or
systems only to criminal justice agencies and only for criminal
justice purposes. Otherwise, the USER will direct requests to
FDLE whenever state criminal history record information is sought
for purposes such as licensing, permitting, local ordinance
registration, other than criminal justice employment and similar
purposes;
g) Query the Central State Repository (FCIC) prior to disseminating
any criminal history record information to insure that the
information is up-to-date.
h) Maintain a record of any dissemination of state or federal criminal
history record information. This record will reflect as a minimum;
(1) date of release; (2) to whom the information relates; (3) to
whom the information was released; (4) the State Identification
(SID) and/or the FBI number(s); and (5) the purpose for which the
information was requested;
i) Provide FDLE access to User's records of dissemination and assist
in conducting prescribed audits;
j) Assist individuals and cooperate with FDLE regarding requests for
personal review or correction of the individual's own criminal
history record; if a minor, the assistance and cooperation should be
provided to the parents or legal guardian of the minor;
k) Defer to FDLE on any determination as to what purposes qualify
for criminal justice versus non-criminal justice designation;
I) Pursuant to a signed interagency agreement authorizing the
sharing of criminal history information as outlined in 39.045(5),
F.S., the agency may share state criminal history record
information with appropriate school personnel on an as-needed
basis. Dissemination of information should be documented using
established secondary dissemination procedures and should be in
accordance with s. 943.0525, F.S. Agencies must maintain
confidentiality of such record information that is otherwise exempt
from s. 119.07(1), F.S., as provided by law.
m) Pursuant to a signed interagency agreement authorizing the
sharing of criminal history information as outlined in 415.5018(3),
F.S, the agency may share state criminal history record
information with the Department of Children and Families district
personnel directly responsible for child protective investigation and
emergency child placement, on an as-needed basis.
Dissemination of information should be documented using
established secondary dissemination procedures and should be in
accordance with s. 943.0525, F.S. Agencies must maintain
confidentiality of such record information that is otherwise exempt
from s. 119.07 (1), F.S., as provided by law.
PENALTIES AND LIABILITIES
Any non-compliance with the terms of this agreement concerning the use and
dissemination of criminal history record information may subject the User's
officers or employees to a fine not to exceed $10,000 as provided for in
Department of Justices Regulations, 28 C.F.R. Section 20.25 and/or
discontinuance of services as provided by Department of Justice Regulations,
28 C.F.R. Section 20.38. Moreover, certain offenses against system security
and the information contained therein are crimes under Chapter 815, F.S.
PROVISIONS INCORPORATED
USER shall be bound by applicable federal and state laws, federal regulations
and the rules of FDLE to the same extent that USER would be if such provisions
were fully set out herein. Moreover, this agreement incorporates both present
and future laws, regulations and rules. The User may terminate this agreement
as described below if the changes in law, regulations or rules are not acceptable
to User.
TERMINATION
Each party retains the right to discontinue service, without cause, provided
written notice of forty-five days is given by U.S. mail. Each party may terminate
this agreement for cause. More particularly, FDLE reserves the right to
discontinue service, without notice, upon presentation to it of reasonably
credible evidence that USER is violating this agreement or any pedinent federal
or state law, regulation or rule. Moreover, cause may also be deemed to exist if
any term of this agreement is found to be invalid, if any change in the laws
applicable to either party requires either party to curtail performance hereunder,
or if changed circumstance require either party to perform substantially more or
less than was envisioned at the time this agreement was executed, In such
circumstances, the other party may terminate performance or demand
renegotiation upon written notice to the other party that the changed
circumstances, if known at the time of execution of this contract, would have
foreclosed that party's entry into the agreement.
ACCOUNTABILITY
To the extent provided by the laws of Florida, User agrees to be responsible for
the negligent acts or omissions of its personnel arising out of or involving any
information contained in, received from, entered into or through
FClC/NClC/NLETS.
SOVEREIGN IMMUNITY
Nothing herein shall be deemed a waiver of the City's sovereign immunity as set
forth in Florida Statutes 768.28.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be
executed by the proper officers and officials.
Attest:
By:
City Clerk City of Delray Beach
Mayor Jay Alperin
Approved as to form and
Legal Sufficiency:
By:
City Attorney - Delray Beach Chief Richard G. Overman
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY WITNESS
TITLE TITLE
DATE
FDLEAGR2 doc/docs~agreemen
L.A.O.
11/97
lO
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~.~'I
SUB rECT: AGENDA ITEM #' - MEETING OF DECEMBER 2,
MEMO~D~ OF ~DERST~DING/DEL~Y BEACH HOUSING
RENAI SS~CE PROG~
DATE: NOVEMBER 26, 1997
This is before the Commission to approve a one-year extension of
the Memorandum of Understanding and the Policies and Procedures
that govern the Delray Beach Housing Renaissance Program.
Pursuant to recommendations from the Visions 2005 Assembly
report, the Department of Community Improvement, along with the
other various housing agencies, developed a coordinated approach
in providing affordable housing. The Memorandum of Understanding
and accompanying Policies and Procedures were approved by the
agencies involved.
The City coordinates the program and provides subsidy dollars
through the HOME, SHIP and Bootstrap programs. Each agency has
committed either cash or expertise to this program, with the
nonprofit agencies serving as agents for the home buyers.
The program was designed to assist 80 families over a period of
two years. To date approximately 30 families have been assisted.
Approval of this renewal agreement will continue the program for
one additional year, through September 30, 1998.
Recommend approval of a one-year extension to the Memorandum of
Understanding for the Delray Beach Housing Renaissance Program.
AGENDA REQUEST
Request to be placed on: Date: November 25, 1997
~ Regular Agenda
Special Agenda
~ Workshop Agenda
xxxx Consent Agenda When: December 2, 1997
Description &item:
The purpose of this item is to obtain approval of a one year extension of the Memorandum
of Understanding, and the Policies and Procedures that govern the Delray Beach
Renaissance Program.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draf~ Attached: YES/NO
Recommendation:
Staff recommends approval of the Memorandum of Understanding renewal, to be effective
through September 1998. The Memorandum has been approved by each of the other
partners and the original executed signature page is included.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: O
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun~lXcdXcdbgrantXagenform, doc
Memorandum
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director
FROM: Michael Simon, Interim Community Development Coordinator~~/
DATE: November 25, 1997
SUBJECT: DELRAY BEACH RENAISSANCE MEMORANDUM OF
UNDERSTANDING AND PROCEDURES
1997-1998 EXTENSION
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval of the Memorandum of Understanding and
Policies and Procedures that will govern the Delray Beach Renaissance Program.
BACKGROUND
Pursuant to recommendations from the Visions 2005 Assembly report, the Department of
Community Improvement invited the various housing providers to a series of meetings
designed to develop a coordinated approach to affordable housing delivery. The Delray
Beach Renaissance Program was first presented to the Commission on January 17, 1995
when we received approval to submit an application to the Federal Home Loan Bank for
additional subsidy dollars. Staff provided a detailed description of the program at that
time.
This new approach to affordable housing delivery was developed a_~er one full year of
meetings between the various agencies involved in providing affordable housing. The
Memorandum of Understanding and accompanying Policies and Procedures are the results
of those meetings. All of the agency's Boards of Directors have approved the document
that outlines the responsibilities of each partner.
The program was designed to assist eighty families over a period of two years. To date,
approximately thirty families have been assisted. The City will coordinate the program
and provide subsidy dollars through our HOME, SHIP and Bootstrap programs. Each
agency has committed either cash or expertise to this program with the nonprofit agencies
serving as agents for the home buyers. The amount of dollars available for the program is
defined in Exhibit B of the Memorandum of Understanding.
Financing (first mortgage funding) is provided through the Community Financing
Consortium; the Community Redevelopment Agency is providing $100,000 for subsidies
plus architectural designs, appraisals, lots with clean titles and technical assistance to
nonprofit agencies; the Delray Beach Housing Authority will provide $60,000 for
subsidies and train nonprofits in the area of rental management; the TED Center and the
Delray Beach Community Development Corporation (CDC) will receive applications for
the program, screen .applicants, forward applications and requests for subsidy to the
Department of Community Improvement and loan packages to the lending institution,
work with builders, oversee construction and provide educational workshops and
seminars.
The original Memorandum of Understanding was approved by the City Commission on
January 23, 1996. The agreement was in effect through September 30, 1997. Approval
of this renewal agreement will continue the program for one additional year.
RECOMMENDATION
Staff recommends approval of the Memorandum of Understanding extension and attached
Policies and Procedures.
DELRAY BEACH HOUSING RENAISSANCE PROGRAM
MEMORANDUM OF UNDERSTANDING
1997 - 1998 PROGRAM RENEWAL
This memorandum of understanding, hereinafter referred to as the MEMORANDUM, entered into
as of the day of ,19 by and between the public and private sector
participants of the Delray Beach Renaissance Progratn, hereinafter referred to as the PROGRAM: The
City of Delray Beach (City), the Delray Beach Community Redevelopment Agency (CRA), the Com-
munity Financing Consortium, Inc. (CFC), the Delray Beach Housing Authority (DBHA), the Center for
Technology, Enterprise & Development, Inc. (TED Center), and the Delray Beach Community
Development Corporation (Delray CDC~, hereinafter collectively are referred to as PARTICIPANTS.
Whereas, the Delray Beach Renaissance Program was formed as a result of the Visions 2005 Planning
Retreat, sponsored by the Chamber of Commerce, which recommended that the delivery of all affordable
housing be coordinated through the City's Community Improvement Department, and that all public and
private agencies, housing providers and financial institutions be asked to jointly participate in this
coordinated effort to facilitate the delivery of affordable housing throughout the City of Delray Beach.
i! .. Thus, the Delray ~each Renaissance Program was formed to:
1. _Re~.vitalize blighted communities within the designated target areas of the City's CDBG and CRA
geographic boundaries (see Exhibit "C");
2. Create the oppommity to provide a viable economic mix of income levels within the designated
3. Provide decent, safe, affordable housing for households determined to be very low, low and moderate
income;
4. Encourage private sector home builders to construct affordable housing within the designated target
areas by providing buildable, vacant residential lots to participating non-profit orga~iT_ations and
eligible families;
5. Provide participating building and non-profit organizations access to construction financing through
a non-profit consortium of lenders called the Community Financing Consortium, Inc.;
6. Subsidize owner occupancy of affordable housing units with sale prices ranging between $60,000
and $113,000 in compliance with guidelines established by the U.S.Department of Treasury. See
Exhibit A;
7. Provide an opportunity for area residents to receive homebuyer education, and develop
homeownership skills.
8. Provide for a comprehensive, coordinated approach to the delivery of affordable housing,
maximizing the ability to leverage available funds and stabilize residential neighborhoods within the
designated target areas.
Whereas, the participants of the Delray Renaissance Program have committed specific funding
allocations to the creation and success of the program, (Exhibit B), and
Whereas, the participants of the program have identified roles and responsibilities of each
of the participants as follows:
CITY OF DELRAY BEACH
· Overall coordination, monitoring and reporting of all program requirements of the Delray Beach
Renaissance Program.
· Ensure the availability of funds to be used as subsidies from the City's HOME, SHIP, CDBG and
Bootstrap program accounts.
· To refer applicants the the non-profit agencies or to credit counseling as deemed necessary for
mortgage qualification.
· Act as the clearinghouse on behalf of all partners, coordinating the approval and advance of subsidies
for eligible families, provide income and environmental certifications for each participating family
and/or lot.
· Ensure compliance to each local, State and Federal regulation governing designated funding-
allocations.
· Provide appropriate incentives to units constructed under the Delmy Beach Renaissance Program as
defined under the City's approved Housing Assistance Plan required under the SHIP Program.
· Provide technical assistance on grant applications designed to leverage partnership dollars and when
necessary, identify and recommend to the City Commission the submission of appropriate grant
applications to further the success of the affordable program.
· Provide customary municipal permitting, inspections and services for all units constructed under the
Delray Beach Renaissance Program.
· Make available City acquired lots to potential home buyers or participating not-for-profit
CDC's as a means of subsidy, ensuring the affordability of new units.
· In the discretion of the City, facilitate the construction of infrastructure improvements such as
sidewalks, Streets and lighting when appropriate to facilitate the construction of infill housing units.
· The City shall not enter into any contracts with participating contractors.
-2-
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
The Delray Beach Community Redevelopment Agency is a public agency established by the City for the
purpose of promoting commercial and residential redevelopment within the City's designated
redevelopment area. The CRA shall provide monies as shown on Exhibit "B".
· To provide second and/or third mortgage assistance in the form of a subsidy to reduce portion of the
cost of the home in order to lower the end price to the home buyer. Up to $30,000 of the Community
Redevelopment Agency's commitment as described in Exhibit B shall be se~ aside for program subsidy.
The remaining $20,000 in CRA funds shall be available as an emergency fund to be utilized in case of
unforseen extenuating circumstance,, which are not the fault of any party.
· To provide lots with clean titles. Lots would be provided to home buyers by either an assignment of
contract and/or through a Request for Proposal (RFP) process as dictated by State Statutes. The RFP
would be responded to by a non-profit housing sponsor with a comprehensive plan of development on
behalf of the individual home buyer.
· To provide appraisals, soil boring, and surveys on lots acquired. The soil boring and surveys would be
reimbursed to the CRA by the contractor at the time of closing on the construction/permanent loan by
the home buyer.
· To make architectural plans available to home buyers, non-profits and builders at a cost of $500 each.
· To provide technical assistance to both the Delray Beach Community Development Corporation and
The Center for Technology, Enterprise and Development, Inc., to provide financial assistance to the
TED Center, to assist with grant applications to leverage partnership dollars and, when applicable, be
an applicant or co-applicant with one or more of the partners in the program.
THE COMMUNITY FINANCING CONSORTIUM, INC. (CFC, INC.)
The Community Financing Consortium Inc., is a not-for-profit corporation involved in the processing of
first mortgage construction and permanent loans for affordable housing applicants.
· To provide technical assistance in grant applications to leverage partnership dollars and when
applieable, be an applicant or co-applicant with one or more of the partners in the program.
· .To organize and provide a credit cleating/incubator program that will enable certain applicants to be
become mortgage worthy.
· To organize and provide a two session, six hour mandatory homebuyer/homeownership training
session for home buyers. Attendance would be monitored and certification issued upon successful
completion. Completion of the first session wOuld be a requirement for loan closing.
· To provide a commitment for first mortgage financing to affordable housing applicants, at a rate 50
basis points below the prevailing FNMA 30 day mandatory rate.
-3-
· To recommend to the partner the amount of junior mortgages required for an individual home buyer.
· To provide loan processing and mortgage financing to home buyers and participating non-profit
organizations participating under the Delray Beach Housing Renaissance Program. The loan processor
shall be available in Delray Beach.
· To comply with monitoring and reporting requirements of fimding sources such as the State HOME
program and the Federal Home Loan Bank of Atlanta.
DELRAY BEACH HOUSING AUTHORITY
The Delray Beach Housing Authority would also be a subsidy provider.
· To provide subsidy moneys for the junior mortgages.
· To assist very low and low income (up to 65% of median income) families towards self-
sufficiency and movement into home ownership.
NOT-FOR-PROFITS: THE TED CENTER AND THE DELRAY BEACH CDC
The non-profit agencies would be the housing packagers in the Delray Beach Renaissance Program guiding
home buyer applicants from pre-qualification to dosing of the loan. In addition they will participate in
grant applications.
· To provide marketing opportunities for approved builders.
· To act as project developer by aequainting builders with program guidelines, code requirements, and
housing specifications, and to oversee the entire construction process.
· To respond to lot sales offered by the City and CRA which require home buyer applicants
to have a comprehensive plan of development and a non-profit sponsor as co-applicant.
· To provide loan packaging for home buyers to the CFC lenders.
· To refer applicants to the Credit Incubator, if they are determined to require credit repair and
counseling in order to qualify for a mortgage.
· To provide pre-qualification and credit counseling/repair for home buyers, assist them with
the builder's construffdon contract, and assist them in selecting a lot to purchase.
· To serve as agent for the Homebuyer in all communications with the builder. To participate in the
walk-through at project completion and to prepare a punch list. To monitor overall quality control.
· To apply for grants designed to enhance program development, may be sole applicant or in
partnership with members of the Delray Beach Renaissance Program.
-4-
· To provide home buyer education workshops and seminars, including home maintenance and repair,
homestead exemption, code enforcement requirements, insurance, and family budget planning.
· To identify and seek out available funds to be used for leveraging existing program dollars such as the
Palm Beach County Commission on Affordable Housing - Housing Trust Fund.
GOALS OF THE PROGRAM
The participants will provide senior and junior mortgages, packaging services, home buyer assistance
for 70 new homes and 10 rehabilitated homes (total) over the original period of this Agreement and any
extensions to the Agreement.
TIME OF PERFORMANCE
This First Extension Agreement shall be in effect during the period October 1, 1997 to September 30,
1998. All roles and responsibilities shall be undertaken and performed in such sequence as to assume their
expeditious completion in light of the purposes outlined herein. An extension of this Agreement shall be by
consent of each participant.
TERMS AND CONDITIONS, POLICIES AND PROCEDURES
The Participants agree to comply with and be bound by all the terms and conditions of the
Agreement. Refer to Exhibit D for a detailed list of policies and procedures.
TERMINATION
The Participants agree to cooperate in carrying out the purpose of this Agreement. Failure to do so
of the parties shall warrant termination of the Agreement provided notification is given in writing
within thirty (30) days prior to the effective termination date.
-5-
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and
year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
~//~ Alperin
City Attorney ' Executive Director
DELRAY BEACH COMMUNITY DEV. CORP.
Witness: By:
Charles Broadnax~
Chairman of the Board
DELKAY BEACH HOUSING A~ORITY
CITY OF DELRAY BEACH, FLORIDA ~
Thomas Carney, ."~.
Chairman of the Board
By: x.k/~ ~hu~r;ZnFX~
Executive D~
Seabron Smith
Executive Director
- 6 -
Exhibit A
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
*90% O1~ MI~DIAN AREA PURCHASE PRICE
· aytona Beach M,E~A ~ - 106,365. 7;1,686
F°rt I, auderdale PM,SA i 124,187 _. _108,72_6
Fort Myers - Cape Coral ME~A I 121,536 . .102,242
i
iFor~ Pierce - Port St. Lucle MSA --- I 92,644 95,682
,Jacksonville MSA '- 106,017 92,490
Lakeland - W~nter Haven MSA ....... ~ 87,121 57',535
Melbourne o*Titusville - Palm Bay' MSA ; 1~.0~749 90,846
Miami PMSA
~ 119,439 113,418
Naples MSA
· , , 106,365. ~118f264
Orlando. MSA i. 95,838 101,707
Punta Gorda MSA -. ~ 106,365 ..
Sarasota - Bmdenton MSA .. i 105,711 9_4.L9..9_.5~ "
MSA .
Tampa - S~ Petersburg - Cleam'aler MSA ..... _88;.679 · 83,491..I
West Palm Beach - Boca Ralon MSA . 134,040
Monroe Counly 135,714
0~hor Aroas.... ...... ~os,3r~_ ~._.~8._,s_-~J
· Source: Revenue Pmctama~ g4.$5, U.S. ~to~ rreaxury
-8-
Exhibit B
EXHIBIT B
SOURCES OF FUNDING
SOURCE. DOLLAR AMOUNT (1-Year)
Community Redevelopment Agency $ 50,000
City of Delray Beach - HOME Funds $153,000
- SHIP Funds $ 250,000
- Permit Fee Waivers $ 40,000
Delray Beach Housing Authority $ 48,000
Federal Home Loan Bank $ 240,000
Total Subsidy Funds Available $ 787,000
Notes:
CRA funds are new for FY 97/98. City ofDelray, Delray Beach Housing Authority and
Federal Home Loan Bank funds are balances available from original Renaissance program
funding commitment.
City fee waivers are included with subsidy because credit is passed on to buyer and
reduces the selling price. Average orS1,000 fee waiver for. 40 newly constructed units.
- 10 -
Exhibit C
COMMUNITY' REDEVELOPMENT AREA ~,,.!.-
~ ",\ '..q.'. -,
\\'. \ !,',..' ..~._
~' Z.~ -~- = ,
.... ~~..'
~1,. ~_, %1
.?
-, '-'-,, :
,~,....~ -i } ' ~
.~!
1 st
D£LRAY
Exhibit D
· .. The Dekay Beach Renaissance Program
Policies and Procedures
L Purpose
The Dekay Beach Renaissance Program is a coordinated approach to housing delivery
that utilizes the expertise and resources of all the City's Affordable Housing Providers.
The Program is designed to provide homeownership opportunities to 80 home buyers
through new construction and acquisifion/rehab be~nning October 1, 1995 through~
September 30, 1998, including a one-year program extension~
Specifically, the program has as its purpose:
· Revitali?ation of deteriorated conditions within the CDBG and CRA target
areas.
· Creation of opportunities to provide viable economic mixes of income levels
within the target areas. "'
· Provision of decent, safe, affordable housing for low and moderate income
households.
· Through various incentives, encouragement of private builders.to construct
affordable housing within the target areas.
· Provision of construction financing oppommities for participating builders and
non profits through a consortium of lenders called the Community Financing
Consortium, Inc.
· Creation of a mix of affordable housing units with sale prices ran~ng between
$60,000 and $113,000.
· Credit repair to make families eligible for mortgages.
· Coordination of housing delivery that provides for maximizing the ability to
leverage available affordable housing funds.
H. Approval
These policies and procedures require approval by the Delray Beach City Commission,
Delray Beach Housing Authority, The Community Redevel6pment Age~ The '
Community Financing Consortium, Inc., and the governing boards of the Delray Beach
-14-
Community Development Corporation (CDC) and the Delray Beach Center for
Technology, Enterprise and Development, Inc. (TED Center).
III. Administration
Overall administration of this program shall be in accordance with the
Memorandum of Understanding entered into between the Delray Beach
Affordable Housing Partners: The City of Delray Beach, The CRA, The Delray
Beach Housing Authority, The TED Center, The Delray Beach CDC and the
Community Financing Consortium, Inc.
Implementation of these policies and procedures shall be the responsibility of the
City of Dekay Beach Director of Community Improvement, the Executive
Directors of the Housing Authority, the CRA, and the TED Center, and the
President of the Delray Beach CDC.
IV. Program Description
The following is a summary ofhomebuyer eligibility criteria and overall procedures for
implementation of the of the various components of the Delray Beach Renaissance
Program.
A. Home-building
This component involves the construction of 70 new single family units and the
acquisition and rehabilitation of 10 additional single family units to be sold to the very
low, low and moderate income home buyer. Subsidy is available for eligible homebuyers
fi:om the City's SHIP and HOME Program funds, the Community Redevelopment
Agency's Affordable Housing Program, the Delray Beach Housing Authority, the Federal
Home Loan Bank Affordable Housing Program and other.pubSc and private sources
which may be made available in the future. The amount of subsidy combined fi:om all '.~
sources shall never exceed $25,000 per household.
1. Eligibility and Priority Considerations
a. Subsidy Limits - Program applicants will be processed on a first come, first served
basis. Families whose income levels do not exceed 50% of the median income, will
be eligible for a subsidy of up to $25,000 (all sources). Families whose incomes do
not exceed 80% of the median income will be eligibl~-'for a subside-of up to
$ 20,000 (Housing Authority and Federal Home Loan Bank up to 65% of
median only). Families whose incomes do not exceed 120% of median income
- 15-
are eligible forCRAsubsidy.
In calculating the value of the total subsidy package, neither the waived building
permit fees which would normally be charged for new home construction, nor the
value of reduced impact fees, which are available to units constructed on lots with
prior residential use, are to be considered part of the total subsidy mount.
b. Family Status - Parental households with dependent children shall receive primary
consideration.
c. Credit Worthiness- A credit report will be requested and reviewed with the
participating lender. Those households meeting the lenders credit standards will be
processed further. Those househ61ds who cannot presently meet underwriting
standards will be referred to the credit incubator program.
· -~ d. Income - Family income will be computed according to SHIP (State Housing
Initiatives Partnership) guidelines. Income is the total for all family members,
.... and income limits are adjusted for family size. Income will be verified by signed
employer verification, income tax records and current paystubs.
e. Debt Ratio (Affordability) -. Applicants will be screened on the lenders income to
housing debt ratios. Housing expenses (PITI) shall not exceed 30% of the area
median income limits adjusted for family size for the income category into which
that household falls. Exception to this ratio can be made if a mortgage amount
resulting in a payment higher than 30% is approved by a primary lender.
f. Public Housing/Section 8 Tenants - Housing Authority subsidy preference will be
given to those eligible families that are presently residing at Carver Estates Public
Housing Complex or are currently receiving Section 8 rental assistance.
g. First Time Homebuyers - In accordance with Federal Regulations at 24 CFR 92.2,
first time homebuyers include displaced homemakers, single parents and families
who have not owned a home within 3 years prior to application for housing ,
assistance.
2. Homebuyer Assistance
a. Assistance with Construction Financing- Forgivable no interest loans may be
made for principal reduction; the payment of closing costs and payment of _impact
fees (ordinances adopted by Palm Beach County and the City of Delray Beach do
not allow the waiver ofimpfict fees). Principal Reduction will be secured as a
second mortgage on the property and nm for 5 years for loans less than $15,000 or
10 years for loans of $15,000 or more with a 0% interest rate. For each year the
household lives in the property as their principal residence 1/5 or 1/10 of the
assistance amount will be forgiven. Subsidy assistance provided with Federal Home
Loan Bank dollars will be secured by a third position mortgage.
b. Lot Acquisition for New Construction -
Assistance with the purchase of vacant, single family lots within the boundaries of
the CDBG Target Area may be given to eligible sponsors or the very low and low
income households needing to subsidize a portion of the cost of the home or
mortgage to reduce the end price. Lots acquired and provided to eligible sponsors
and/or families will be conditioned on.~construcfion be~nning within twelve months
of closing or assignment of the lot, and the condition that the new unit must be
completed within 24 months of the fiscal year in which it was aCquired.
Families receiving this form of assistance must be approved for a
mortgage. Lots shall be provided on a first come/first served basis. However, lots
which have been identified as having had prior construction (and thereby eligible
for County road and residential impact fee waivers), will be set aside for eligible
very low income households.
c. Acquisition/Rehabilitation Assistance - Assistance to very low and low income
households to purchase existing homes which may need repair and will be used as
their principal home may be provideck The assistance provided will be in the form
of a deferred loan up to $25,000. This assistance will be secured as a second
mortgage on the property and nm for 5 or 10 years with a 0% interest rate. For
each year the household lives, in the property as their principal residence 1/5 or
1/10 of the assistance amount will be forgiven.
-17-
3. Recapture Provisions
Families assisted under this program shall be contractually subject to Recapture
Provisions as set forth in the Palm Beach County/City of Delray Beach HOME
Consortim Program Description and the City of Delray Beach SHIP Homing
Assistance Plan. These provisions require that purchasers must occupy the
subsidized unit as their principal residence for a period of 10 years or else be
obligated to repay a prorated portion of the initial subsidy award. Any moneys.
recaptured through the resale of a property within the designated period shall be
returned to the subsidy Program account and made available to another eligible
buyer.
These provisions shall be secured by a mortgage note which shall be
recorded in the Public Records of Palm Beach County.
4. .Application Process/Loan Processing
Applications for Affordable Housing assistance may be obtained from either
participating agency (City of Dekay Beach, CRA, Delray Beach Housing Authority,
The TED Center or The Delray Beach CDC). Each application for assistance shall
be processed by either the TED Center or the Delray Beach CDC.
Upon receipt of application, the Non-Profit agency shall determine eligibility of
applicant, provi.'de preqtmlificafion services, credit counseling, housing unit and lot
selection and building contractor assistance.
Upon successful pre-q-alification, eligibility and other applicant processing the
non-profit shall notify the City of Delray Community Development Coordinator of
the estimated amount of required subsidy. The non profit shall consult with the
Community Financing Consortium to obtain a valid pre-qualification amount.
..:
The following shall be considered a formal notifcafion:
1 A Standard Form of Agreement Between Owner and Contractor
2. Detailed Construction Costs including all hard and soft costs including
detailed developer's fees, ff any.
3. Specification Sheets
4. Lot Acquisition Contract
- 18-
Upon receipt of the applicant packet fi.om the non profit, the CD Coordinator shall verify
eligibility in accordance with Federal, State and Local regulations. Once this information has
been verified, the applicant shall be referred to the Community Financing Consortium for
underwriting and mortgage approval.
5. Contractor Pre-qualification and Selection Process
Five builders were approved for participation in the initial two year Renaissance Program. Of
these, one was disqualified by the CRA and one voluntarily left the program. At least two
additional builders are needed to participate in the new construction program. Additionally, at
least three of the participating contractors should be willing to bid on the rehabilitation work
required for the acquisition/rehab properties. The performance of the builders shall be
monitored by the participating non-profit agencies and the Community Redevelopment Agency.
At a minimum, participating contractors must meet the following general criteria:
· Proof of license and insurance
· Demonstrative Financial Soundness
· Ability provide a I O-year Home Owners Warranty Program
· Ability to provide a minimum of three different floor plans
· Ability to provide an affordable product
· Possesses a proven track record in the Single Family Affordable market as attested to by
governmental agencies, nonprofits, homebuyers, banks and suppliers.
· Ability and willingness to invest $200 annually upon acceptance as a participant
contractor and $50 for each unit contracted to build. These funds are to be used for
marketing the Renaissance Program
6. Mortgage Financing
Upon receipt of the above described packet, the Commtmity Financing Consortium shall proceed
with its underwriting and loan processing. Within one week of loan closing, verification of
subsidy needs and a formal' request for funds shall be provided to the City of Delray Beach.
Mandatory Homebuyer Seminars
Homebuyers shall be required to attend at least two.3-hour training sessions. One session
shall be held prior to closing as a condition of the loan closing. The second session shall
be held close to the time of occupancy to educate households about the responsibilities of
home ownership and building maintenance. The Communi_ty Finan. cing__C0nsortium
shall coordinate each session with assistance fi.om other participants as needed.
- 19-
These sessions shall at a minimmn include the following topics:
1. Personal Finance and Planning
2. Credit and Borrowing
3. Fair Housing Issues
4. Maintenance and Upkeep
5. Undenvriting Criteria
6. Property Tax Information
7. Other information as required by participants and federal/state regulations.
B. Credit Incubator
Many income eligible households are unable to participate in the program because of
credit issues. In order to make the benefits of the Renaissance Program available to a
wider pool of applicants, and to be able to serve very low income households, a credit
incubator program will be designed and administered by the Community Financing
Consortium. The program will be a long term commitment on the part of households
who are willing to clear bad credit histories, and begin to save for a contribution to the
down payment on their home. At successful completion of the program, a household.
should be able to qualify for a mortgage from a primary lender.
C. Lot Acquisition and Tire Repair
The Community Redevelopment Agency shall have the responsibility of seeking out
vacant lots suitable for infill housing. These lots may be purchased outright'and then
resold as part of the loan package, or .they be assigned through a lot contract between
buyer and seller and the sale completed at the time of closing.
There are also a number of vacant lots within the City of Delray Beach that, due to many
reasons, have faulty titles. Many of the lots have been demolished over a period of 10
years by the City (eliminating blight) or owned by heirs of persons who died with no
Will, or merely were never recorded properly in County records. The CRA
shall provide rifle clearance for subsequent sale to a purchaser.
- 20 -
D. Community Stabilization
This component incorporates the City of Dekay Beach's existing CDBG-funded housing
rehabilitation program, the locally funded Neighborhood Programs, and Community
"' Oriented Code Enforcement programs in order to enhance the construction efforts. The
City currently provides CDBG grants to low income homeowners for substantial
rehabilitation. Additionally, local funds are provided to improve the exterior of owner-
occupied housing units. Also, with the adoption of the 1990 Comprehensive Plan, the
City committed to provide technichl assistance to organizing neighborhood associations
throughout the City. These programs along with our Community Oriented Code
'Enforcement have already created a visually improved community since 1990.
-21-
TO: DAVID T. HARDEN, CITY MANAGER **'CONSENT AGENDA***
DEPARTMENT OF PLANNING ANb~6~N~
FROM: ~~KS, SENIOR P~NNER
SUBJECT: MEETING OF DECEMBER 2, 1997
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR COLRIDGE
COMPANY, INC. MULTIFAMILY DEVELOPMENT
The action requested of the City Commission is that of acceptance of an agreement be~een the
City and Colridge Company, Inc. to allow the deferral of the sidewalk improvements along Venetian
Drive associated with the Colridge Company, Inc. multifamily development (a triplex).
The subject prope~y is located south of Ingmham Avenue on the west side of Venetian Drive,
within the RM (Medium Density Residential) zone district.
On October 8, ~07, 8~B approved the site plan for Golrid~e Gompany, Inc., a multifamily
development (triplex). In conjunction with the site plan, tho Board approved deforral of the
requirement to install a sidewalk along Venetian Drive, provided that the owner entem into an
AgmemenFCovenant acceptable to the City Attorney to install the sidewalk when required by the
City.
Pursuant to Section 6.1.3(B)(1) of the Land Development Regulations, a 5' wide sidewalk is
required along Venetian Drive. The attached agreement will allow the deferral of the requirement to
construct a sidewalk along Venetian Drive in conjunction with the new development until such time
as the City requests construction of the sidewalk. The ownem would then be required to construct
the sidewalk, at their expense, in accordance with currant construction standards and applicable
City Ordinances. This Agreement shall run with the land and be binding on the pa~ies' heirs,
assigns and successom. The Assistant City Attorney has reviewed the agreement and has
approved the agreement as to form and sufficiency.
By motion, approve the sidewalk agreement for Colridge Company, Inc.
· AEachments: Sidewalk Agreement, Location Map
VETERANS DELRA Y
PARK SUMMIT
ATLANTIC CONDO
PLAZA
BARR CAMINO REAL
TERRA CE HOLIDAY INN
CONDO
r
ATLANTIC AVENUE
BAR I
S.E. ~ MIRAMAR STREET I I
i OCEAN PLACE
CONDO
COCONUT ROW
S.E. 2ND ST. INGRAHAM
OCEAN TERR.
'~ 1.
S.E. ~ lAY STREET
LANIKAI
VILLAS CONDO
LANGER WAY
f ST. I L SEAGATE INA ROAD
N
COLRIDGE APARTMENTS
PLANNING DEPARTMENT
CITY OF DELRAY BEACH, FL
-- DIGITAL g,4SE MAP SY'Z;I-EM -- MAP REF: LM177
AGREEMENT FOR
SI DEWA LK IMPROVEMENTS
THIS AGREEMENT entered into this ff-~ day o£ /~ft9 6/~' ~t. ~J~ ~., 199_,7~--
between the City of' Delray Beach, Florida (the "City") and Colridge Company, Inc., a Delaware
Corporation (the "Owner"), for the purpose of waiving the requirement of the installation of. a
sidewalk along Venetian Drive until such time as all o£ Venetian Drive is required to have
sidewalks.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of. a
sidewalk, within the Venetian Drive right-of-way immediately abutting the subject property, by
the Owner prior to the issuance ora building permit and a certificate of occupancy; and,
WHEREAS, at the meeting of the Site Plan Review and Appearance Board of. October 8,
1997 the Board granted a waiver from the requirement of the installation of.a sidewalk pursuant
to Land Development Regulation Section 6.1.3(D)(I )(b); and,
WHEREAS, there are currently no other sidewalks along Venetian Drive; and,
WHEREAS, in order to provide conformity along the street the City Commission voted to
waive the requirement £or the installation of. a sidewalk until such time as it is determined that
sidewalks shall be constructed on the entire street.
WITNESSETH
NOW, THEREFORE, in witness of' the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the real property located
in Delray Beach, Florida, legally described as:
The North 100 feet of'Lot 4, Block L, Replat of'Blocks L, M & N, John B. Reid's
Village, according to the plat thereof', recorded in Plat Book 23, Page 137 of'the
Public Records of Palm Beach County, Florida.
1. Owner agrees to construct a sidewalk, at its sole cost and expense, along the
Venetian Drive right-of-way abutting the subject property, within a time period that is acceptable
to the City, after being requested to do so by the City. The sidewalk, if and when constructed,
shall meet all of the current ordinances of the City of Delray Beach, Florida.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
bihding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
~,4--- dayof /VOL/ , 199~.
WITNESSES: OWNER: Colridge Company Inc.
a Dela..~ware corporation
,.j._""'/t,~ ~ ~ p,//~T '[-- By:
t/~/,~, ~~. ~ A.R. Eanzel, President
~ ~x_~?' P.O. Box 1444
(Please type or prifit name) Boca Raton, FL 33429
(Ple~.se type or print name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 0q46 day of
~o,,le~bec' , 199~ by A.R. Eanzel, President of Colridge Company, Inc., on behalf of the
corporation. He/She is personally known to me. FL Dr-i,~ec:5 ki'eerxe, e ~ g-.5~qq - o~0- It,- 3-'/q- 0
I
~,~. n. Wh.../,. q;o .o.~na. ure o-..oL.~.s Public -
g ,o;.:[,,~s,~0~?; -~ State of Florida
= '-" ~ '* = (SEAL)
='k "- -- e,...~ ; "'
ATTEST: %g.~C. ~.~' CITY OF DELRA¥ BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to form and sufficiency:
City Attorney
coh'idge.agt
[lTV OF [IELRRV BER£H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali,America City M-EMORAND~
1993
TO: City Commission ~
FROM: David N. Tolces, Assistant City Attorne
SUBJECT: City. Property Acquisition from Ward - Contract Extension
The contract for the purchase of the Ward property adjacent to the Leon Weekes
Environmental Preserve required that the closing take place prior to November 21, 1997.
Due to some title problems with the property, Mr. Ward was unable to provide clear
title by November 21st.
I spoke with Mr. Ward and agreed to request an extension for the closing date up to and
including January 31, 1998. It is anticipated that the title defects will be removed by
that time. Therefore, in order to keep the contract from expiring, the City Commission,
if it desires, should consider approving an extension of the closing date to January 31,
1998.
If you have any questions, please call.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
Sharon Morgan, City Clerk's Office
ward-10.dnt
SPINNER, DITTMAN, FEDBRSPIEL & DOWLING
A'I'~"O~T~yS AT L~ A P~RrN£RSHt~ INCLUOtNG P~Or£SSION~L ASSOCIXrION$
SOl EAST ATLANTIC AVENUE ROBERT A. DITTMAN
DELRAY BEACH. FLORIDA 33483 DONALD C. DOWLING
TELECOPIER (56l)276-5489 ~~~V ROBERT W. FEDERSPIEL, P.A.
UOHN W. SPINNER
TELEPHONE (561) 276~2900
October 28, 1997
OgT 2 9 195?
William E. Ward and Claire L. Ward
921 Allamanda Drive
Delray Beach, FL 33483
RE: City of Delray Beach Purchase
Lots 262 & 263, TROPIC PALMS
Dear Mr. and Mrs. Ward:
This firm represents the City of Delray Beach in their purchase of
the subject real property from you. Pursuant to the terms of the
Contract, the City has obtained the preparation of a survey with
respect to the subject property a copy of which is enclosed. As
you will note, the survey indicates that approximately the West
twelve feet of Lot 263 is being maintained by your neighbor to the
West. This indicates a potential adverse possession of the
subject property and our client's physical examination of the
property further indicates that the neighbor has installed a
sprinkler system within that area. Accordingly, pursuant to the
Contract, this is deemed a title defect and would require your
curing of the problem prior to closing. We would request that you
obtain a Quit-Claim Deed from the neighbor, as well as the removal
of the sprinkler system up to the property line. Please let us
know if you have any questions.
Sincerely,
Robert W.' ~edersp£el
RWF:kp
gnc.
c: David Tolces, gsq., City Attorneys' office
CITY ElF I]ELllI:I¥ BEI:IgH
" CITY ATTORNEY'S OFFICE
WR_rl'F.,R'S ]:)]]~I~CT LINE: ($~D :243-?090
DE£RAY BEACH
~ November 20, 1997
Mr. & Mrs. Bill Ward
]993
Tradewinds Realty Associates
3802 North Federal Highway
Delray Beach, FL 33483
Subject: ~i_ty of Delray Beach Purchase of Property_
Dear Mr. and Mrs. Ward:
This letter cor,.fi~ our conversation today regarding the contract status for the purchase
of your property. We have agreed to extend the contract up to and including 1anuary
31, 1998. I will be forwarding an amendment to the contract for your signatures.
Please call if you have any questions.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By: ~
David BI. Tolces, Esq.
Assistant City Attorney
DNT:smk
cc: $oseph Weldon, Director of Par~ and Recreation
Robert W. Federspiel, P.A.
Pnnted on FlecycleO Pal~er
i ili~U ' U'~. YAC$1:41L~: . : :75-4755 Writer's Dir~¢t Line: (561)243-709G
DELRAY BEACH
Ali. America City MEMORANDUI~
~[~''''! DATE: November20, 1997
~993 TO: City Commission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: City Acquisition of Property - 105 S.W. 7th Avenue ~ Assignment of
Contract to Habitat for Humanity
The attached resolution, if approved, will authorize the City to acquire property for its
Affordable Housing Program. The City, as part of its Affordable Housing Program, is
acquiring the property described in the attached Sale and Purchase Contract for
$9,000.00 from Mr. Arthur V. Strock.
The associated Assignment Agreement, if approved, will authorize the City to assign the
sale and purchase contract to Habitat for Humanity of Boca-Delray. Habitat will
complete the real estate transaction, with the City's $9,000.00 payment. After closing,
Habitat will construct a single family home on the property. The appraised value of the
lot is $9,000.00.
In considering these items, the Commission should make two separate motions. One
motion regarding the resolution authorizing the acquisition, and a second motion
approving the Assignment Agreement.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk's Office
Lula Butler, Director of Community Improvement
Mike Simon, Program Specialist/Community Development
strock-2.dnt
RESOLUTION NO. 85-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, in conjunction
with Habitat for Humanity of Boca-Delray, Inc., wishes to acquire
certain residential property located at 105 S.W. 7th Avenue to
provide for housing pursuant to the City's Affordable Housing
Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach; and
WHEREAS, it is in the best interest of the City of Delray
Beach to purchase said property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, in conjunction with Habitat for Humanity of
Boca-Delray, Inc., as Buyer, hereby agrees to purchase from Arthur V.
Strock, as Seller, land to provide for affordable housing
opportunities for low income individuals, for the purchase price of
Nine Thousand and 00/100 Dollars ($9,000.00), and other good and
valuable consideration; said parcel being more particularly described
as follows:
The South 50 feet of the North 100 feet of the West
1/2 of Block 14, Town of Linton (now known as
Delray Beach), less the West 25 feet for road
right-of-way, according to the Plat thereof, as
recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida.
Section 2. That the costs of document preparation and
attorney's fees shall be borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City
of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein as Exhibit "A".
PASSED AND ~OPTED in regular session on this the 2nd day
of Dece~er, 1997
ATTEST:
J cit~ C~rk '
- 2 - Res. No. 85-97
CONTRACT FOR SALE AND PURCHASE
ARTHUR V. STROCK, whose address is 829 S.E. 9th Street, Suite 201,
Deerfield Beach, Florida 33441, ("Seller"), and CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Buyer"), hereby agree that the Seller shall sell and the Buyer shall buy
the following real property ("Real Property") upon the following terms and conditions which
include the standards for real estate transactions included in this instrument:
I. DESCRIPTION:
The South 50 feet of the North 100 feet of the West 1/2 of Block 14, Town of Linton
(now known as Delray Beach), less the West 25 feet for road right-of-way, according to
the plat thereofi as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida.
II. PURCHASE PRICE ............................................. $9,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before December 31, 1997, the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before February 28, 1998, unless extended by other
provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein, if occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may assign Contract.
X. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior t° closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
-2-
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satis~ the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRAY BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents,
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. ~xilI~Ig~,AIL.Tii~: A title insurance commitment issued by a Florida licensed title insurer agreeing
to issue to Buyer, upon recording of warranty deed to Buyer, an owner's policy of title insurance in the amount of the purchase
price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only
to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at
or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The
Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If
the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of
deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further
obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
-3-
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,
may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property
or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions,
agreement covenants or applicable governmental regulation, the same shall constitute a title defect.
C. ~: Seller warrants and represents that there is ingress and egress to the real
properD' sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant the same
information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing.
If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real property is located, at the office
of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall
in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closine: Seller shall furnish warranty deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement,
mortgage, mortgage note, security agreement, and financial statements.
I. F.,lllg_ll~: Documentary stamps on the warranty deed and recording corrective instruments shall
be paid by Seller. Recording warranty deed shall be paid by Buyer.
J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue
of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance
rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall
be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current years milage is not fixed, and current years assessments is available,
taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of
closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment raking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
K. S_necial Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of
closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If
the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified,
-4-
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. Inspection. Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing,
the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks
or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an
appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's
occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required.
Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct
the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide
utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not
limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted
access for inspection of property prior to closing in order to confirm compliance with this standard.
M. ~: If the property is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of
either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's
duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions
of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Buyer
and Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
P. ~,?etment Not Recordable: Persons Bound: Notice: Neither this agreement nor any notice of it
shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement
for any utilities that may exist and lie on the property.
-5-
R. Other Agreements: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value
of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLER:/"~ i. ~
City of Delray Beach, Florida / "~ ... -7'~~/,...~7,.
By: By: ~-~- y
Jay AIperin, Mayor Aghur V. Strock
ATTEST:
City Clerk
Approved as to Form:
/~F~"~ City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ]~day of/~~,
1997 by Arthur V. Strock, who is personally known to me or who has produced
~4t'0~"~,~3~ O~)']qO~-- (type of identification) and who did (did not)take
Signature of Notary Public-
State of Fiu,!~/'v~ "Om~AL.OT^.V S~L I
I ,4, ~. S~S,~ ,UmOn KI~N~
[ Og ;x.~ FEB. 7,2001
-6-
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this ~ day of
, 1997, by and between the CITY OF DELRAY BEACH, (hereinafter
referred to as "CITY"), and HABITAT FOR HUMANITY OF BOCA-DELRAY
(hereinafter referred to as "HABITAT").
WITNESSETH:
WHEREAS, the CITY is the contract purchaser under that certain Contract for Sale
and Purchase for the property described in the attached Contracts, copies of which are attached
hereto (hereinafter referred to as the "Contracts"); and
WHEREAS, the CITY desires to assign all of its right, tide and interest in and to the
said Contracts to HABITAT; and
WHEREAS, the HABITAT is desirous of acquiring the rights'in the subject Contract;
and
WHEREAS, the CITY desires to assist HABITAT in acquiring the subject property as
part of its Affordable Housing Program.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 Dollars ($10.00)
and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. The CITY hereby assigns, without recourse, all of its right, title and interest in
and to the certain Contracts attached hereto to HABITAT.
2. HABITAT hereby accepts such assignment.
3. The CITY shall process all documents for closing the Contracts. At closing,
CITY shall pay to the closing agent sums equal to the purchase price of the property and
additional closing costs as indicated in the closing statement in order to provide HABITAT
with the required funds to close.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
ATTEST: CITY OF DELKAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
ATTEST: HABITAT FOR HUMANITY OF BOCA-
DELKAY
By:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1997 by (name of officer or agent, title of
officer or agent) of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take an oath.
Signature of Notary Public - State
of Florida
a~$igml.agt
2
MEMORAND~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~[~_~f~
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 2, 1997
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: NOVEMBER 26, 1997
Attached is the Report of Appealable Land Use Items for the
period November 17 through November 26, 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
THRU: DIANE DOMINGUET, DIRECTOR (
DEPARTMENT OF CLANNING AND 70NING
SUBJECT: MEETING OF NOVEMBER 18, 1997 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 17, 1997 THRU NOVEMBER 26 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 November
17, 1997 through November 26, 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 December 2, 1997
Page 2
A. Approved with conditions (5 to 0), the master development plan for
Congress Business Park, a proposed light industrial/service
industry development comprising 163,125 square feet, located at
the southeast corner of Congress Avenue and Lake Ida Road.
Concurrently the Board granted the following waivers:
· Increased the land area devoted to light industrial from 50%
to 70%, and the land area devoted to service industry use
from 25% to 30%.
· Permitted all landscape areas within the entire site to be
counted towards meeting the 25% open space requirement.
· Reduced the perimeter landscape strip width from 25' to 10'
along the east and south sides of the property.
B. Continued action (5 to 0) on a request for temporary Street
Closure at S.E. 7th Avenue and S.E. 10th Street adjacent to
Knowles Park.
C. Determined on a 5 to 0 vote, that an Alternative Training School
for Juveniles is similar to the other permitted uses in the CBD
(Central Business District) zone district.
No other appealable items were considered by the Board. The following
items which were considered by the Board will be forwarded to the City
Commission for final action.
· Approved (4 to 0, Eliopoulos abstained), the preliminary plat and
certified the final plat as being consistent with the preliminary plat
for Waterford Park, located south of Linton Boulevard, between 1-
95 and Lindell Boulevard, within the Waterford/Delint DRI.
· Recommended approval (5 to 0), of a conditional use associated
with the expansion of the Shuler Memorial Chapel, located at the
southwest corner of West Atlantic Avenue and S.W. 6th Avenue.
· Recommended approval (5 to 0), of a conditional use to allow the
establishment of a specialized service shop (automotive air
conditioning and radiator service) within the Silk Garden Outlet
building, located on the east side of Dixie Highway, approximately
175 feet south of La Mat Avenue.
City Commission Documentation
Appealable Items Meeting of December 2, 1997
Page 3
· Recommended approval (5 to 0), of an abandonment request of
the east/west alleyway located within Block 1, Kenmont
Subdivision, which is located on the north side of Bond Way, west
of N.E. 9th Avenue.
· Recommended approval (4 to 0, Bird abstained) of an amendment
to the Land Development Regulations Section 4.4.19 (D) MIC
(Mixed Industrial and Commercial) District, and Section 4.4.26(D)
LI (Light Industrial) District, Section 4.4.3 "Special
Requirements for Specific Uses" and Appendix A "Definitions" to
provide regulations for Self-Service Storage Facilities (SSSF).
· Recommended approval on a 5 to 0 vote changes to the
Community Redevelopment Plan.
Other Items
· The Board also took action on the master development plan for the
Mirador at Sherwood Forest, a 108 unit rental development,
located on the south side of West Atlantic Avenue, at the
intersection of W. Atlantic Avenue and Sherwood Forest Drive/
Barwick Road. The Board's action has been appealed and will be
considered as a separate agenda item, thus this item is not
included in this report.
1. Approved (5 to 2, Branning and Sittler dissenting), the architectural
elevation plan to add a clock tower at the Delray Lincoln Mercury,
dealership located on the west side of U.S. Highway No 1, south of
Linton Boulevard.
2. Approved (4 to 1, Branning dissenting, Carter and Martin stepped
down) the architectural elevation plan to allow the addition of a cbs
wall for a courtyard enclosure at Botanica (Interior Plant
Services), located on the west side of S.E. 5th Avenue
(southbound Federal Highway), south of S.E. 3rd Street.
3. Approved with conditions (7 to 0), the architectural elevation plan
associated for The Fountains at Delray Beach (fka Bayberry
Landing) a 149 unit multi-family development, located on the west
side of Military Trail, approximately 1,400 feet north of Atlantic
Avenue. The site plan and landscape plan were previously
approved.
City Commission Documentation
Appealable Items Meeting of December 2, 1997
Page 4
4. Approved with conditions (7 to 0), a major site plan modification,
landscape plan and architectural elevation plan associated with the
conversion of an existing structure to accommodate a hair
salon/office for Davis Concepts Hair Salon, located on the east
side of S. E. 5th Avenue (southbound Federal Highway),
approximately 200 feet south of S.E. 2"d Street.
1. Approved with conditions (6 to 0, Hurlburt absent), a request for a
Certificate of Appropriateness to allow exterior renovations at the
Masonic Lodge Building, located at the southwest corner of East
Atlantic Avenue and S.E. Ist Avenue.
2. Denied (6 to 0), a request for a Certificate of Appropriateness to
allow the construction of a single family residence located on the
east side of S.E. 7th Avenue, between S.E. 3rd Street and S.E. 4th
Street - 327 S.E. 7th Avenue.
3. Continued (6 to 0), a request for a Certificate of Appropriateness
to allow a front porch enclosure at 225 Royal Court. The Board
continued the item in order to allow the applicant to return with
revised plans showing wood porch supports rather than the
proposed aluminum construction.
4. Approved (6 to 0), a request for a Certificate of Appropriateness
associated with the installation of a handicapped access ramp,
landscaping and exterior facade and roof changes for the
Sandoway House Nature Center, located at 142 S. Ocean
Boulevard.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR ~ULF S'~EAM BL~.
CITY COMMISSION MEETING
OF DECEMBER 2, 1997
L-30 CANAL
?
~0 LAKE IDA ROAD
N.W. 2ND
r.~.-1.._.j-'~,
LOWSON BOULEVARD
LIN TON BOULEVARD
BOULEVARD
CITY LIMITS........... P &: Z: H.P.B.:
A, - CONGRESS BUSINESS PARK W, - THE MASONIC LODGE
B. - STREET CLOSURE (NEAR KNOWLES PARK) X. - 527 S.E. 7TH AVENUE
J MILE J Y. - 225 ROYAL COURT
Z. - SANDOWAY HOUSE
SCALE (14.2 S. OCEAN BLVD.)
S.P.R,A.B.:
N 1. - DELRAY LINCOLN MERCURY
~ 2. - BOTANICA (INTERIOR PLANT SERVICES)
CITY OF DELRAY BEACH, FL 5. -- FOUNTAINS AT DELRAY B'------------------EACH
PLANNING &: ZONING DEPARTMENT 4. -- DAVIS CONCEPTS HAIR SALON
-- DIGITAl. 845£ /144P S'YS'FEM --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~/(
SUBJECT: AGENDA ITEM # ~/~' - MEETING OF DECEMBER 2, 1997
AWARD OF BIDS AND CONTRACTS
DATE: NOVEMBER 26, 1997
This is before the Commission to approve the award of the
following bids and contracts:
1. Lease contract in the amount of $36,064.80 via Dade County
Public School Contract, to Copyco, Inc. for a 60 month lease
of a copy machine for the Planning and Zoning Department,
with funding from 001-2511-515-44.30 and 001-2711-524-44.30.
2. Bid award in the amount of $234,960 to Almazan Brothers
Trucking, Inc., for the Woods of Southridge roadway
construction. Funding will come from 334-3162-541-61.17.
This is an assessment project, with the City paying $78,320;
and with $156,640 being a General Fund Loan which will be
repaid from the assessments on the abutting properties.
Agenda Item No.: ff h/ /
AGENDA REQUEST
Request to be placed on: Date: November 21, 1997
_XX_Consent Agenda __Special Agenda __Workshop Agenda
When: December 2, 1997
Description of agenda item (who, what, where, how much): Award a sixty (60) month
lease contract to Copyco, Inc. for a copy machine for a total cost of $36,064.80, via Dade County
Public School Contract #022-TT11.
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Sixty (60) month lease with Copyco, Inc., via Dade County Public School
Contract #022-TT11 for a total cost of 36,064.80. Funding from account code #001-2511-515-
4430 and 001-2711-524-4430. / -
Department Head Signature:
Determination of Consistency with E"omprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding altematives: :>t
Account No. & Description:
Account Balance: % i ~00
City Manager Review:
Approved for agenda: ~/NO
Hold Until: ,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: K. Butler, Buyer
THROUGH: Joseph Safford, Finance Director
DATE: November 20, 1997
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
DECEMBER 2, 1997 - APPROVE SIXTY MONTH LEASE
CONTRACT FOR COPY MACHINE, VIA DADE COUNTY
PUBLIC SCHOOL CONTRACT #022-TT11 FOR PLANNING
AND ZONING DEPARTMENT
Item Before Commission:
The City Commission is requested to approve a sixty month lease contract with Copyco,
Inc. for a copy machine for a total cost of $36,064.80, via Dade County Public School
Contract #022-TT11.
Background:
The current copier is being replaced due to the existing three (3) year lease contract is
expiring 12/15/97.
Planning & Zoning recommends the leasing of this equipment from Copyco, Inc. for
sixty (60) months, per the Dade County Public School Contract #022-TT11.
Recommendation:
The Purchasing Staff concurs with the recommendation for the sixty (60) month lease
with Copyco, Inc. for a total cost of $36,064.80. Funding from account codes 001-2511-
515-4430 and 001-2711-524-4430.
Attachments
Memo From Planning & Zoning Dated 11/20/1997
Bid Tabulation Sheet
Bid Proposal Per Dade County Public School Contract#022-TTl 1
cc: Diane Dominguez, Planning Director
Jacklyn Rooney, Purchasing Supervisor
agenda.doc
&.,ff./.
..... 021 PO? OCT 22 '97 12:55
Il I . II_. llllll I I Ill . I . I l
........ ~oPOsAL PREPAID FOR:
GOVE~~NT
'~ ...... ~=~ --. I~, ' -- ~ ~ .......
- 90 Cop~es per ~nute
100% ~ucti~ ~ D~ument F~der & Duplexer
3~,0~ Copy Monthly Rating
- Stand~d Duplexing
Stud 7,500 Sheet Paper Capaci~
- Optional 20-Bin SoRer Stapler & T~dem 20-Bin SoRers
Zoom 50-2~%
Auto Paper Selection
Auto Magnification
- ~al Page Copy, Editing / M~n S~t Edge ~ase. Cover
Sheet/Sheet Inse~ion Mode
Job ~ogr~ng
Optional Computer Fo~ Feeder
Auto Job St~t
Auto Tray Switching
Elec~onic Copy Monitor
Fr~e ~as~
P~o~d Eq~ment:
~6~hiba 9050 CoPier System
Lease Option 60 Mon~: ~eha~ Price
$601.08 per Month $29,i79.~
FuR Set. ce M~tenance Suo~R~: (~ter ~ Day Fr~ Se~ice Period)
~1 Inclusive Except for Pa~r&Staples ~ $.007 per Copy
Also Included At No Charge:
~" Defive~, Installaton & Tr~ning
- St~ up Supplies
90 Day Free Service Period (~ts & Labor)
Free Lo~er
- Replacement W~ty
2~4 Hour "Non-Prioritized" Se~ice Res~nse Time
Toshiba Qu~i~ Co~i~ent (Replacement W~)
- 8 Ye~ Peffo~ce Gun.tee
Computerized "Proactive" Service
Free Lo~ers
STATEVVID~ TOLL F!qE~ 1-~[~O.5-COPYCD
II I I I II lilJ_ II Illlll~ _ I ~1 I
CORPORA~ H~OQUAR~RS BRANCH OFFICE: ~CH ~FI~: 8~N~ ~FICE:
1011 S.W, 3OTH A~NUE 901 N0~HP01NT PK~, SUI~ 120 5761 N.W. 15~TH ~ 3~12 ~TH U.S. 1
O~RFIELD BEA~, FL 33442 ~T P~M BEA~, FL 33~7 MI~ ~S. FL 33014 ¢0~ P~, FL 34982
(954] 42~13~ [561) 6B~23~ [~) fl~9~ [561] 461~224
F~ - [9~] 429-9~3 F~ - [581 ] 516~598 F~ - {~5} fl2~3~ F~ - [561 ] ~6~
AGENDA REOUEST
Date= Nov. 24, 1997
Request to be placed
X Regular Agenda
Special Agenda
- Workshop Agenda When= Dec. 2, 1997
Description of item (who, what, where, how much)= Project 97-032
The removal of approximately 16,000 square yards of concrete roadway and the
construcion of new roadway and pavement markings meeting City standards in the
place of the existing concrete roadway. The Woods of Southridge contains the
following streets that are to be reconstructed: Southridge Rd., Zeder Ave., SW
8th Ave., Douglas Ave., Bessie St., Ella St., Sundy Ave.
The lowest responsible responsive bidder of the eleven {11) bidders for this
Project is Almazan Brothers Trucking Inc. with their bid in the amount of
$234,960.00
Funding source for this project are Accounts No.
General Construction Fund 334-3162-541-61.17 $ 78.320.00
PriorYearResewes 001-0000-301-10.10 $156.640.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Project No. 97-032, The Woods of
Southridge Roadway Construction to Almazan Brothers Trucking Inc. for their
bid in the amount of $234,9 ,~,~. 0!~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
ApprovedHold Until:f°r agenda: ~/NO ~'~/I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
City Of Delray Beach · Department of Environmental Services
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: BARRON CARONITE, ENGINEER F'~}i,:~,,,i~'J
DATE: NOVEMBER 24, 1997
SUBJECT: THE WOODS OF SOUTHRIDGE ROADWAY CONSTRUCTION
PROJECT NO. 97-032
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on
December 2, 1997.
The lowest responsive bidder is Almazan Brothers Trucking Inc. with a total evaluated bid of
$234,960.00.
This project generally consists of the removal of approximately 16,000 square yards of concrete
roadway and the construcion of new roadway and pavement markings meeting City standards.
The following streets are to be reconstructed The Woods of Southridge subdivision: Southridge
Rd., Zeder Ave, SW 8th Ave., Douglas Ave., Bessie St., Ella St, Sundy Ave.
We are recommending award of the project to the lowest responsible responsive bidder of the
eleven (11) bidders for this project, Almazan Brothers Trucking Inc., with their total
evaluated bid in the amount of $234,960.00.
The funding sources for this project are as follows:
Funding Source Account Number Amount
General Construction Fund 334-3162-541-61.17 $ 70,320.00 7.-=)~t ~ ~o. o~
Prior Ye&~ R~,-,'a~ 001-0000-301-10. I O $155,$40.00
Please place this item on the agenda for commission approval.
Enclosure
cc: Joseph Safford, Finance Director
Richard Hasko, P.E., Acting Driector Env. Svcs.
Randall Krejcarek, P.E., City Engineer
File: Project No. 97-32 (A)
projects/97/97-32/construct/agmemo.doc
[lTV JIF I]EL lfl¥ BEI:i£H "" · :
FACSIMILE 407/278-4755
DEI. RAY B~CH ~'S D~ ~: (561) 243-7~
~ca C~
1993
Jesus ~~, Presidem
~~ Bro~e~ Tmc~g, hc.
357 Kelly Drive
West Pa~ Beach, ~ 33411
Subject: Woods of Southridge Roadway Construction
City. of Delray Beach Project No. 97-32
Dear Mr. Almazan:
The City Commission is prepared to award the contract for this project at its meeting on
December 2, 1997. If you were not aware, the funding for this project will ultimately
come from a special assessment which the City will collect from the property owners in
the Woods of Southridge Subdivision.
Pursuant to state statute, the City must provide the property owners notice of the
assessment, and hold public hearings on the assessment. At the public hearings, the
property owners will have the opportunity to voice their support or opposition to the
special assessment. Following the public hearings, the City Commission will then vote
to either authorize or not authorize the special assessment. If the Commission votes to
not authorize the assessment, then the City will not proceed with the contract. If the
Commission authorizes the assessment, the Commission will authorize the execution of
the contract, and the project will proceed. At tonight's meeting I anticipate that the
Commission will approve the award of the contract to only be effective upon approval of
the special assessment. Therefore, the contract execution will not be final until the
Commission approves the special assessment which should be in January or February,
1998.
The attached addendum addresses the situation described above. Please acknowledge
your receipt of the addendum by signing the addendum and returning a signed copy to
Jesus Almazan, President
December 2, 1997
Page 2
lacklyn Rooney, City Purchasing Supervisor2 If you have any questions, please call me
at 561-243-7090.
Sincerely,
OFFICE OF THE CITY ATTORNEY
David N. Tolces, Esq.
Assistant City Attorney
DNT:smk
Enclosure
cc: Jacklyn Rooney, Purchasing Supervisor
Joseph Safford, Finance Director
Dick Hasko, Assistant Director of Environmental Services
woods-2.dnt
,. DELR^¥ BEACH
jg~j~J~ 100 N.W. Ist AVEi'JUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
ADDENDUM NO. 1
]993 THE WOODS OF SOUTHRIDGE
ROADWAY CONSTRUCTION
CITY OF DELRAY BEACH PROJECT NO. 97-32
Addendum No. 1 to the specifications and contract documents for The Woods of
Southridge Roadway Construction Project, Bid g07-32, is hereby declared a part of the
original specifications and contract documents, and in case of conflict, the following
Addendum shall govern:
1. The funding of this contract is subject to the special assessment procedures and
requirements of Florida Statute Chapter 170, "Supplemental and Alternative
Method of Making Local Municipal Improvements.' Pursuant to the statute, the
City must provide notice to property owners and hold a public hearing regarding
the special assessment. As a result, subject to the notice and hearing
requirements, the contract will not be effective until the City Commission
finalizes the assessment roll through the adoption of an ordinance or resolution.
The bidder acknowledges this statutory requirement and agrees to maintain its bid
prices up to and including March 1, 1998. If the City should fail to adopt a
special assessment roll, or if a court should rule that the assessment is invalid, the
bid will be canceled and the City shall return any bid security to the bidder,
without any further liability to the City.
All proposer's shall acknowledge this addendum by completing the section noted below
and returning to Purchasing Division, Atto: Jacldyn Rooney, Purchasing Supervisor,
100 N.W. 1st Avenue, Delray Beach, Florida 33444, or by fax to (561) 243-7166.
J ac~>l/~n Rooney'
Purchasing Supervisor
THE EFFORT ALWAYS MATTERS
f3r~nte<t on F{ecycled Pa~er
Addendum No. 1
Authorized Signature:
Name & Title:
Company Name:
Address:
Phone:( ) Dated:
SUBJECT: CITY COMMISSION MEETING OF DECEMBER 2, '1997
REQUEST FOR CONDITIONAL USE MODIFICATION FOR SHULER'S
MEMORIAL CHAPEL
The action requested of the City Commission is that of ap.~roval of a request for Conditional
Use Modification for Shuler's Memorial Chapel, to allow expansion of the existing funeral
home. The subject property is located at the southwest corner of West Atlantic Avenue and
SW 6th Avenue, within the GC (General Commercial) zone district.
The proposal calls for expanding the existing site by including three additional 50' wide parcels
to the south. The CRA is participating in the project by acquiring two of these properties for
parking expansion. The properties will then be sold to the funeral home. The funeral home
intends to construct a 2,538 sq. ft addition for a total proposed building area of 5,752 sq. ft. The
redesign and expansion of the existing parking lot will accommodate 35 spaces, constructed in
2 phases. A total of 20 spaces will be available in Phase I and the additional 15 spaces will be
constructed in Phase I1. The expanded facility will employ 18 people with hours of operation
between 8:00 A.M. and 8:00 P.M., and will have a proposed seating capacity of 150 people.
For additional background and analysis see the attached P & Z Board staff report.
At its meeting of November 17, 1997, the Planning and Zoning Board held a public hearing in
conjunction with review of the request. There was no public testimony. After minimal
discussion, the Board voted 5-0 (Ms. Young and Ms. McCarthy absent) to recommend to the
City Commission approval of the request subject to the condition that a site plan be processed
which addresses the outstanding items noted in the P & Z staff report.
I
By motion, approve the request for Conditional Use Modification for Shuler's Memorial Chapel,
subject to the findings and conditions as recommended by the Planning and Zoning Board.
Attachments:
· P & Z Staff Report and Documentation of November 17, 1997
PLANNI AND ZONING BOARD
:ITY OF DELRAY BEACH ---STAFF REPORT--
MEETING DATE: November 17, 1997
AGENDA ITEM: V.A.
ITEM: Conditional Use Modification Request for expansion of Shuler's Memorial
Chapel, located at 606 West Atlantic Avenue
ATLANTIC AVENUE
IIl lllllll ,,,,,
~ COMPLEX COUNTY
COURT
.
S.W. 1ST ST.
~ I II I.~~ [ [ [ Il II I I .Il Il Il [ ~~
GENERAL DATA:
Owner/Applicant ............................ Shuler's Memorial Chapel
James L. Shuler
Agent ............................................. Savoy Construction Company
Location ........................................ Southwest comer of S.W. 6 Avenue and West Atlantic Avenue
Property Size ................................. 0.895 Acres ~'
Future Land Use Map .................... General Commercial
Current Zoning .............................. GC-General Commercial
Adjacent Zoning .................. North: GC
East: GC
South: GC
West: GC
Existing Land Use ........................ A funeral home.
Proposed Land Use ...................... Expansion of the existing funeral home including, a 2,538 sq. ft.
building addition, expansion of existing parking lot for a total of 35
spaces, and installation of associated landscaping
Water Service ............................... Existing on site.
Sewer Service ............................... Existing on site.
V.A.
The action before the Board is making a recommendation to the City
Commission on a request for Conditional Use Modification for Schuler's
Memorial Chapel, pursuant to LDR Section 2.4.5(E). The request is to
modify an approved conditional use to allow expansion of the existing
funeral home.
The subject proP.ethrty,, is located at the southwest corner of West Atlantic
Avenue and SW 6 Avenue.
The subject property was created by metes and bounds description from Block 13,
Town of Delray, and contains 0.895 acres. It consists of the existing funeral home site
on West Atlantic Avenue which is 130' deep and an additional three 50' parcels located
south of the original site. The existing funeral home received Conditional Use approval
on September 28, 1982. A site plan modification was approved in 1994 to convert an
existing carport to a garage.
The subject property is currently zoned GC (General Commercial). The southemmost
50' parcel was zoned RM (Multiple Family Residential - Medium Density) until 1995
when it was rezoned to GC (General Commercial), following adoption of the West
Atlantic Avenue Redevelopment Plan.
On June 30, 1997, a Conditional Use Modification Application was submitted for
expansion of the funeral home. The request is now before the Board for consideration.
The conditional use request is to expand the funeral home at 606 West Atlantic
Avenue. The development proposal consists of the following:
El Construction of a 2,538 sq. ft. addition for a total proposed building area of 5,752 sq.
ft.
El Installation of a new covered entry area on the west side of the building and a new
porte cochere on the south side of the building.
El Construction of a new service court on the east side of the building.
El Demolition of a deteriorated single family house located immediately south of the
existing facility.
El Redesign and expansion of the existing parking lot to accommodate 35 spaces,
constructed in 2 phases. A total of 20 spaces will be available in Phase I and the
additional 15 spaces will be constructed in Phase II.
El Installation of associated landscaping.
The expanded facility will employ 18 people with hours of operation between 8:00 A.M.
and 8:00 P.M. The facility will have a proposed seating capacity of 150 people.
Planning and Zoning Board S~?C{eport
Conditiona Use Approval - Sl~.i: .'s Memorial Chapel
Page 2
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of General
Commercial and a zoning designation of General Commercial (GC). The zoning
district is consistent with the Future Land Use Map designation and "Funeral
Homes" are listed as a Conditional Use in the GC distdct [LDR Section 4.4.9
(D)(9)].
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Although no water and sewer plans have been submitted, the following is noted:
El Water service exists to the site via a service lateral connection to an existing 2"
main which passes through the property from SW 6th Avenue to SW 7th Avenue.
The exact location of this main will be determined dudng the Site Plan Review
process and evaluated to ascertain if there is a conflict with the propOSed
building addition.
Sewer service exists to the site via a service lateral connection to an existing 8"
main on SW 6th Avenue. No main extensions or upgrades are required with this
development proposal.
Drainage:
Paving and drainage plans are not required for the conditional use analysis. However a
preliminary plan has been submitted.' Drainage will be accommodated on site via a
proposed exfiltration system. The development proposal calls for installation of
landscaping accounting for 25.6% of the total site area. Thus, positive findings with
respect to this level of service standard can be made.
Planning and Zoning Board St~ Report
Conditional Use Approval - Sit,., "s Memorial Chapel
Page 3
Streets and Traffic:
This is an expansion of an existing facility. Traffic concurrency will deal with new
construction only. A traffic statement was submitted indicating that the proposed
addition will generate an additional 19 average daily trips. There is adequate capacity
on the surrounding roadway network to accommodate the traffic generated from the
proposed addition. Furthermore, the proposal is located within the City's TCEA area
and is therefore exempt from traffic concurrency standards. Based upon the above, a
positive finding with respect to traffic concurrency can be made.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will be
no impact on this level of service standard.
Solid Waste:
The proposal calls for a 2,538 sq.ft, building addition to the existing facility. Trash
generated each year by the proposed expansion would be 2.5 pounds per sq.ft, or 3.2
tons per year. The trash generated by this proposal can be accommodated by existing
facilities, therefore, a positive finding with respect to this level of service standard can
be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy was found.
Future Land Use Policy C-2.4 (Policy C-1.5 in proposed Plan): The West Atlantic
Avenue Redevelopment Plan was adopted by the City Commission on July, 1'1
1985. The Plan establishes Future Land Use Map designations, zonings, special
development standards, and design guidelines for the redevelopment area.
Future development in the area must be in accordance with the provisions of the
redevelopment plan.
The project will further the goal of the West Atlantic Avenue Redevelopment Plan to
eliminate blighted conditions by demolishing a deteriorated single family house south of
the existing facility.
The Redevelopment Plan calls for commercial development in this area. Commercial
zoning was extended in 1995 following adoption of the Redevelopment Plan. The
commercial zoning distdct currently extends 50' south of this project. The development
is consistent with the Redevelopment Plan concept which calls for properties fronting on
West Atlantic Avenue to contain buildings along Atlantic Avenue with parking to the
rear.
Planning and Zoning Board Stp~ Report
Approval - Sh~. s Memorial Chapel
Conditional
Use
Page 4
The proposed facility will provide 15 parking spaces more than that required by code.
Additionally, a shared parking arrangement with the proposed restaurant to the west is
contemplated and the sketch plan provides for a related future driveway connection.
This will help with the future redevelopment efforts on the block.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pureuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The proposed addition will improve the functionality of the existing funerel home that
has been in operetion since 1983. The additional building area allows for
improvements in the basic layout of the facility, and the provision of additional parking
thereby eliminating overflow onto adjacent streets during services. Expansion and
improvement of the facility will help further future redevelopment of the area.
The proposal calls for expanding the existing site by including three additional 50' wide
parcels to the south. There is a deterioreted single family house on the first parcel to
the south and the remaining two parcels are undeveloped. The Community
Redevelopment Agency is participating in the project by acquiring two of these
properties for parking expansion. These properties will be sold to the funerel home.
The proposed project is part of a larger redevelopment scheme for this block which
calls for the construction of a new restaurent to the west. The restaurent will front on
West Atlantic Avenue and the CRA will acquire two parcels in the rear for parking. The
restaurent and the funerel home will enter into an agreement to provide overflow
parking for each other.
The proposed use is bordered by generel commercial zoning on all four sides. The
prope_.rty to the south contains a single family house. The property to the east, across
SW 6~ Avenue, contains commercial and multi-family development. The property to
the north, across West Atlantic Avenue, contains commercial development. The
property to the west contains a vacant parcel and two single family houses.
This funeral home has been in operetion for more than a decade and has already
demonstreted its compatibility with adjacent development. Impacts on adjacent
residential development caused by the expansion are minimal. Further, the expansion
and subsequent provision of parking should decrease the impact from overflow parking.
There are provisions in the LDRs which can mitigate any potential impacts. This will be
addressed during the Site Plan Review process.
Based on the above, the proposed use will not have an adverse impact on the
surrounding area nor will it hinder development or redevelopment of nearby properties.
Planning and Zoning Board St~ Report
Conditional Use Approval - Sh(,... s Memorial Chapel
Page 5
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which has been reviewed by staff. If the Conditional Use is approved, a full site
plan submittal complying with LDR Section 2.4.3 will be required. Based upon
staff's review of the sketch plan and site inspections, the following "Items of
Concern" have been identified. The attached technical comments, which include
the items below, have been transmitted to the .applicant and will need to be
addressed with revised plans.
1. There is light pole located on SW 6th Avenue which conflicts with a proposed
driveway cut. Indicate if this pole is to be relocated or removed.
2. Show sidewalk connection from SW 6~ Avenue to W. Atlantic Avenue.
3. The location of the existing 2" water main that crosses the property needs to be
determined to ascertain if there is a conflict with the proposed building addition.
The above issues will need to be adequately addressed during site plan review.
The CRA did not formally make a recommendation on this project. However, it owns
one and has an option on another of the parcels which are included in this proposal.
The CRA plans to sell these parcels to Mr. Shuler for expansion of the parking lot. The
CRA has signed the owner's consent form to proceed with this conditional use request.
The development proposal was reviewed and recommended for approval by the West
Atlantic Avenue Architectural Review Committee.
The development proposal is not loCated within a geographical area requiring review by
the DDA (Downtown Development Authority).
Site Plan Review and Appearance Board:
If Conditional Use approval is granted, a revised site plan must be submitted
accommodating the concerns raised through the conditional use petition, and
addressing the listed '"Technical Items". Final action on the site plan modification
submittal will rest with the SPRAB (Site Plan Review and Appearance Board). i
Public Notice: ,;
Formal public notice has been provided to property owners within a 500 foot radius of
the subject property. Letters of objection or support, if any, will be presented at the
Planning and Zoning Board meeting.
Planning and Zoning Board St~ff-Report
Conditional Use Approval - Sh(,.~. s Memorial Chapel (.
Page 6
Courtesy Notice:
Courtesy notices have been provided to the Clay Wideman of the Delray Merchant's
Association, Charlotte Durante of Peach Umbrella Plaza Association and Carolyn
Zimmerman, who have requested notice of developments in their areas.
The proposed conditional use modification is for expansion of Shuler's Memorial
Chapel. The use is consistent with the policies of the Comprehensive Plan and Chapter
3 of the Land Development Regulations. Positive findings can be made with respect to
Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding
properties.
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use Modification for
Shuler's Memorial Chapel, based upon positive findings with respect to Section
2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to
conditions.
C. Recommend denial of the Conditional Use Modification for Shuler's Memodal
Chapel based upon a failure to make positive findings with respect to Section
2.4.5(E)(5) (Compatibility).
Recommend approval of the request for Conditional Use Modification for Shuler's
Memorial Chapel based upon positive findings with respect to Section 2.4.5(E)(5)
(Compatibility) and Chapter 3 (Performance Standards) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to the following
conditions:
1. That a site plan be provided which addresses the issues within this staff report and
conforms with the City's Land Development Regulations.
Attachments:
Location Map
Sketch Plan
Report Prepared by: Ronald R. Hoggard, Jr., A.I.C.P., Senior Planner
· MARTIN LUTHER KING JR. DRIVE
N.W. 1ST ST.
TENNIS
ATLANTIC AVENUE
~ .... GOMPLEX COUNTY
COURT
HOUSE
S.W. 2ND ·
~ SHULER'S MEMORIAL CHAPEL
CITY OF' OELHAY BEACH, FL
PLANNING & ZONING DEPARI'),4ENT
-- DIGIT,4~ ~AS£ MAP S~T~I4 ---
MAp REF: LM188
Agenda Item No. '~Z~-
AGENDA REQUEST
Date: November 21. 1997
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: December 2.1997
Description of item (who, what, where, how much): Staff request opportunity to make
presentation to the City Commission on proposed improvements to the Lakeview Golf
Course Clubhouse.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends acceptance of proposed improvements to the
Lakeview Golf Course Clubhouse/a,0d ~.~pproval to proceed with development of
Construction Documents. /,,,,~,,~
Department head signature: ~' ~ / ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable):
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:~/NOHold Until: ~'~t.~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\9565~agreq122
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Josh Aguila, A.I.A.
Construction Manager
Date: November 21, 1997
Subject: AGENDA REQUEST 12/2/97
Lakeview Golf Course Clubhouse
Project No. 95-065
Attached is an Agenda Request for an opportunity for the Architect and staff to
make a presentation to the City Commission of the proposed improvements to
the Lakeview Golf Course Clubhouse.
I am also attaching copies of the drawings indicating the proposed
improvements. The Architect and other staff members will be available to
discuss cost, schedules and answer any question that may be posed.
cc: Bob Barcinski
Brahm Dubin
Dick Hasko
File 95-065 (A)
s\...\9565~agmem122
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF DECEMBER 2, 1997
BONUS PAYMENT AND CONTRACT AMENDMENT/BJCE, INC.
DATE: NOVEMBER 26, 1997
ACTION:
City Commission is requested to consider approval of a bonus
payment in the amount of $18,225 to BJCE, Inc. for FY 1997, and
approval of a contract amendment to amend Exhibit "B"
(Performance Bonus) for FY 1998. Funding is available in account
number 445-4711-572-31.90, Other Professional Services.
BACKGROUND:
Per the terms of the Golf Course Management Agreement dated
November 1, 1994, and as subsequently amended, Mr. Dubin's firm
is eligible to receive a fixed bonus of up to 15% of the yearly
base fee for accomplishing agreed upon goals and objectives. The
bonus is based on meeting goals and objectives for both the
Municipal golf course and the Lakeview golf course. Based on the
contract, BJCE, Inc. would be eligible for a maximum bonus of
$18,225. Attached is a recap of goals and objectives completed
in FY 1997 per Exhibit "B" of the contract.
The contract also needs to be amended to include new performance
measures for FY 1998. These are based on the FY 1998 budget.
RECOMMENDATION:
Based on the completion of goals and objectives per the attached,
I am recommending a bonus payment of $18,225 to BJCE, Inc. I am
also recommending approval of the attached contract amendment
which revises Exhibit "B" (Performance Bonus) for FY 1998.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: City Manager ~
SUBJECT: Revised Exhibit - Item 9.C. (Bonus Payment and Contract
Amendment/BJCE, Inc.) - 12/2/97 Reqular Meetinq
DATE: December 1, 1997
Attached for your information is a revised Exhibit "B" concerning
the recommended bonus payment to BJCE, Inc. based on the goals
and objectives for FY 1997. It elaborates somewhat on the
exhibit provided in your notebook and is intended to supersede
same.
DTN/AMH/m
Attachment
BJCE
EXHIBIT "B"
PERFORMANCE BONUS
FY 96-97
Delray Beach Municipal Golf Course
· Aerate greens, tees, and fairways at least twice during the year.
(Greens, tees, and fairways were actually aerated 5 times)
· Increase golf related revenue by 5%.
(Net operating income for golf activities only increased by 24%)
· Remove 20 Melaleuca trees and replace with a different species.
· Increase participation in youth related programs by 5%.
· Book minimum $300,000 in banquet business.
(Banquet business totaled $436,965)
· Complete range improvements by April 1997. (partially completed)
{The range was reseeded in September 1997. Canopy to be added in
December 1997)
· Complete construction equipment storage building by June 1997.
Lakeview Golf Course
· Over seed greens - November 1996.
· Aerate greens, tees, fairways at least twice during the year.
(Greens, tees, and fairways were aerated 5 times)
· Increase number of rounds played by 5% over FY 95-96 actual rounds.
(The number of rounds increased by 16%)
· Increase merchandise sales by 5% over FY 95-96 actual.
(Merchandise sales increased by 23%)
· Complete clubhouse repairs to meet ADA and code requirements.
* Completed
· In-progress
AMENDMENT TO MUNICIPAL GOLF COURSE
MANAGEMENT AGREEMENT DATED NOVEMBER 4, 1994
THIS AMENDMENT to the Municipal Golf Course Management Agreement
dated November 1, 1994 (original Agreement) is made this
day of , 1997, by and between the CITY OF
DELRAY BEACH (referred to herein as the "City") and BJCE, INC.
(d/b/a Dubin and Associates) (referred to herein as "Dubin").
WITNESSETH:
WHEREAS, the parties entered into a Management
Agreement dated November 1, 1994, to provide for management
services at the Delray Beach Municipal Golf Course, and have
amended said agreement in 1995 to also provide management
services for the Lakeview Golf Course, and in 1996 for the Tennis
Center.
WHEREAS, the parties desire to amend the Agreement to
provide for a revision to performance measures, Exhibit "B", for
FY 1997/98.
NOW, T~EREFORE, the parties hereto agree as follows:
1. The recitations set forth above are incorporated
herein.
2. Exhibit "B" to the original Agreement is modified
in its entirety. Exhibit "B", as modified, is attached hereto
and incorporated herein as if fully set forth herein.
3. Except as expressly modified in writing herein or
as modified by subsequent written amendments, all other terms and
conditions of the original Agreement survive this Amendment and
are binding on the parties. Any reference to golf course, golf
course operations, or the like include all golf courses owned by
the City unless otherwise expressly stated within the original
agreement or amendment(s) thereto.
IN WITNESS WHEREOF, the City and Dubin have set their
hands and seals on the day and year first above written to this
Amendment to the Municipal Golf Course Management Agreement dated
November 4, 1994, and three counterparts, each of which shall
constitute an original document.
WITNESS: BJCE, INC.
By:
Brahm Dubin, President
(Name printed or typed)
CORPORATE ACKNOWLEDGMENT
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
day of , 1997, by
(name and title of officer or agent) of
(name of corporation), a corporation (state or
place of incorporation), on behalf of the corporation. He/She is
personally known to me or has produced
(type of identification as identification and did/did not take
an oath.
Signature of Notary Public
State of Florida
Stamp of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to form:
City Attorney
BJCE
EXHIBIT "B"
PERFORMANCE BONUS
FY 97-98
Delray Beach Municipal Golf Course
· Aerate greens, tees, and fairways at least twice during the year.
· Host Sunrise Kiwanis Club and Rotary Club breal(fast on a weel(ly basis,
and promote use by groups such as the Delra¥ Beach Chamber.
· Remove and replace with a different species 20 Melaleuca trees.
· Increase participation in youth related programs by 5%.
· Bool( minimum $300,000 in banquet business.
· Reach a net operating surplus of at least $250,000
· Complete golf cart path installations by July 98.
· Complete driving range improvements by July 98.
Lakeview Golf Course
· Reach a net operating surplus of 2 to 4% of gross revenues.
· Increase number of rounds to ,56,500.
· Continue improvements to tees and greens including leveling, weed
elimination, and grass quality.
· Overseed greens in November '97.
· Aerate greens, tees, fairways at least two times during the year.
· Increase merchandise sales by 5%.
· Complete Clubhouse facility improvements to meet ADA and code
requirements by September '98.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: j~Robert A. Barcinski, Assistant City Manager
DATE: November 24, 1997
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 2, 1997 APPROVAL BONUS PAYMENT TO
BJCE, INC. CONTRACT AMENDMENT
Action
City Commission is requested to consider approval of a bonus payment of
$18,225 to BJCE, Inc. for FY 96-97 and approve a contract amendment to
amend Exhibit "B" Performance Bonus for FY 97-98. !nc.r~ thc ~'~.~o
for ~--'"'~:~,..., ,, ,,~ c~r, tcr m~r,c,g~mont, ...,'"'~'~,_ "--'~'"- -'....,..., ,,., ~h,c tcrm cf *""~,, ,... ~g~eer,;~, ,,~or
tenn! r'~,-,+~r ..~.,z,_..~u~,~gem_en.t ~,~r,,i,-.,~- *~ ..... ~' °'~"'*'""'"~'"' I,~,. Funding is
available in account number 445-4711-572-31.90 other professional
services.
Background
Per the terms of our agreement with BJCE, Inc. paragraph 7 of the original
contract dated November 1, 1994, as amended August 17, 1995 Mr.
Dubin's firm is eligible to receive a fixed bonus of up to 15% of the yearly
base fee for accomplishing agreed upon goals and objectives. The
bonus is based on meeting goals and objectives for the two (2) golf
courses. Based on the contract BJCE, Inc. would be eligible for a
maximum bonus of $18,225. Attached is a recap of goals and objectives
completed in FY 96-97 per Exhibit "B" of contract.
j't e cor~act also needs to amended to includ e new pe~-ff-c~mance~
/~measures~or FY 9.7.-98. .Thes..e~,are based on fh~ F'1~.97-9_8 budget,) In-
addition, v~ wish to extend th~term of managemehxt service~ ~r the
tennis cente~through September ~999 to coincide with~he term fo~ the
golf courses a'~d provide for a payrn~nt of $20,000 in FY 98 ~nd $20,800~for
FY 99. Fees forT~ 97 were $18,000. AX~opy of the amended~greemen1~is
attached, x ,,~ ~ ~
Recommendation
Based on the completion of goals and objectives per the attached, I am
recommending a bonus payment of $18,225 to BJCE, Inc. I am also
recommending approval of the attached contract amendment which
revises Exhibit "B" Performance Bonus" for FY 97-98.,c .................
ag.~e.~..e~~. f'-'r ~: .... ~ ..........
.....
RAB:tas
File:u:sweeney/agenda
Doc:bjce97.agn
AGREEMENT DATED NOVEMBER 4, 1994
THIS AMENDMENT to the Municipal Golf Course Management
Agreement dated November 1, 1994 (original Agreement) is made this
day of ,1997 by and between the CITY OF DELRAY
BEAOH (the City) and BJOE, INO. (d/b/a Dubin and Associates) (referred
to herein as Dubin).
WITNESSETH:
WHEREAS, the parties entered into a .Management Agreement
dated November 1, 1994 to provide for management services at the
Delray Beach Municipal Golf Course; and, have amended the
agreement in 1995 fo also provide management services for the Lakeview
Golf Course and in 1996 for the Tennis Center.
WHEREAS, the parties desire fo amend the Agreement to provide
for a revision to performance measures, Exhibit "B" for FY 97-98, tc c',~fc.qd
th,., ,,.,,,,, of m~n,~gev,~ei-,t sci-cites ,~, 3e~,tc-mbc;',.,~,,"'~ 1 o,-~,, ,, ~,'~d |o '
thob.csc ~"'"~,......., fo, ..... ,~ ~ T~i ii ,;s Center ;v;anagcmcn~, o~, .,,..~.~.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are encorporated herein.
2. Exhibit "B" to the original Agreement is modified in its entirety.
Exhibit "B", as modified and attached hereto, is incorporated as if fully set
forth herein.
3. / Dubin ~ the T en~m Oct~:~'~J;z~)'t-
through S pre
4~ The Cit~sfC~~ Dubin for~. e of _s~
provi
and $ 7 .
5. Except as expressly modified in writing herein or as modified
by subsequent written amendments, all other terms and conditions of the
original Agreement survive this Amendment and are binding on the
parties. Any reference fo golf course, golf course operations or the like
include all golf courses owned by the City unless otherwise expressly
stated within the original agreement or amendment(s) thereto.
IN WITNESS THEREOF, the City and Dubin have set
their hand and seals on the day and year first above written to this
Amendment to the Municipal Golf Course Management Agreement and
three counterparts, each of which shall constitute an original.
WITNESS: BJCE, INC.
By:
Brahm Dubin, President
(Name printed or typed)
CORPORATE ACKNOWLEDGMENT
State of Flodda
County of
The foregoing instrument was acknowledged before me this
day of. ,1996 by
name of officer or agent, title of officer or agent) of
(name of corporation acknowledging) a
(state or place incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take an oath.
Signature of Notary Public - State of Florida
Print, Type or Stamp Name of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form:
City Attorney
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
FROM: ~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM #~D - REGULAR MEETING OF DECEMBER 2, 1997
AMENDMENT TO MANAGEMENT AGREEMENT FOR TENNIS CENTER/
DUBIN & ASSOCIATES, INC.
DATE: NOVEMBER 26, 1997
ACTION:
City Commission is requested to consider approval of a contract
amendment to the tennis center portion of the Management
Agreement with Dubin & Associates, Inc. The purpose of the
amendment is to increase the base fee for tennis center
management and extend the term of the agreement for tennis center
management services through September, 1999. Funding is
available in account number 001-4124-572-31.90, Other
Professional Services.
BACKGROUND:
We wish to extend the term of management services for the tennis
center through September, 1999, to coincide with the term for the
golf courses, and provide for a payment of $20,000 in FY 1998 and
$20,800 for FY 1999. Fees for FY 1997 were $18,000. A copy of
the amended agreement is attached.
Management services for the tennis center were added as an
amendment to the Golf Course Management Agreement dated November
1, 1994, on May 22, 1996. In August, 1997, the tennis center
management portion of the agreement was assigned from BJCE, Inc.
to Dubin & Associates, Inc. This portion of the contract expired
on September 30, 1997.
RECOMMENDATION:
Staff recommends approval of the attached contract amendment
which extends the term of the agreement for tennis center
management through September 30, 1999, and increases base
management fees for FY 1998 and FY 1999 for tennis center
management services.
ref: agmemo8A
AMENDMENT TO MUNICIPAL GOLF COURSE
MANAGEMENT AGREEMENT DATED NOVEMBER 4, 1994
THIS AMENDMENT to the Municipal Golf Course Management Agreement
dated November 1, 1994 (original Agreement) is made this
day of , 1997, by and between the CITY OF
DELRAY BEACH (referred to herein as the "City") and DUBIN &
ASSOCIATES, INC. (referred to herein as "Dubin").
WITNESSETH:
WHEREAS, the parties entered into a Management
Agreement dated November 1, 1994, to provide for management
services at the Delray Beach Municipal Golf Course, and have
amended said agreement in 1995 to also provide management
services for the Lakeview Golf Course, and in 1996 for the Tennis
Center.
WHEREAS, in August, 1997, the tennis center portion of
the Golf Course Management Agreement was assigned from BJCE, Inc.
to Dubin & Associates, Inc.
WHEREAS, the parties desire to amend the Agreement to
extend the term of management services for the tennis center
through September 30, 1999, and to increase the base fees for the
tennis center management services.
NOW, THEREFORE, the parties hereto agree as follows:
1. The recitations set forth above are incorporated
herein.
2. Dubin shall manage the Delray Beach Tennis Center
from October 1, 1997, through September 30, 1999.
3. The City shall pay Dubin for the performance of
services provided for the tennis center at a base monthly rate of
$1,666.66 for FY 1998 and $1,733.33 for FY 1999.
4. Except as expressly modified in writing herein or
as modified by subsequent written amendments, all other terms and
conditions of the original Agreement survive this Amendment and
are binding on the parties.
IN WITNESS W-HEREOF, the City and Dubin have set their
hands and seals on the day and year first above written to this
Amendment to the Municipal Golf Course Management Agreement dated
November 4, 1994, and three counterparts, each of which shall
constitute an original document.
WITNESS: DUBIN &ASSOCIATES, INC.
By:
Brahm Dubin, President
(Name printed or typed)
CORPORATE ACKNOWLEDGMENT
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
day of , 1997, by
(name and title of officer or agent) of
(name of corporation), a corporation (state or
place of incorporation), on behalf of the corporation. He/She is
personally known to me or has produced
(type of identification) as identification and did/did not take
an oath.
Signature of Notary Public
State of Florida
Stamp of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to form:
City Attorney
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robed A. Barcinski, Assistant City Manager
DATE: November 24, 1997
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 2, 1997 APPROVAL BONUS PAYMENT TO
Bd~-~N~. CONTRACT AMENDMENT
Action
City Commission is requested to consider approval or ....... ~....~.,,cn, ~
for tennis center management, and extend the term of the agreement for
tennis center management se~ices through September 1999. Funding is
available in account number 4d5-47~ other professional
se~ices. ~1 -~z~-flZ- ~1. ~
Background
Per th~terms of our agreement with BJCE ~c. paragraph 7 of the original
contract dated November 1, 1994, ~ ~ended ~t 17, 1995~.
Dubi¢ --fi m r eive of of the /r,y
bose fee fo~ccom¢lishing aged u~ ,n go~ and/objecti~Th/~
boCus i~sed on ~eeting Cals and k ~b~~ foI the ~o (~ ¢
co~rses~d on/the c~tract BJCE ~c. would ~igble ~r a
maim bonus of $~ Attached is a recap of goals and objectives
completed in FY 96-97 per ~hibit "B" of contract.
T~t-~lso ~s t~_ he_ _ amended fo .......... ,, ,~,~ ,%evv
~r~ [or :'-' v/-78. These or~ ~ on ,,,~ ......
~, ~ wish to extend the term of management semices for the
tennis Center through September 1999 to coincide with the term for the
golf courses and provide for a payment of $20,000 in FY 98 and $20,800 for
FY 99. Fees for FY 97 were $18,000. A copy of the amended agreement is
attached.
Recommendation
Based o'-'.. +ho... ,..,.,, ,~p~e,~c)n o[ -,- ,.,,---~,,., c~j..~.+i,,.-.~ +h,..-.+,.-..-~,.-..~ ~
recommendi~ approval of the attached contract amendment ~
re~4cc.s ~x', ~;bii "B" P~,'[om-,,~,c~ Dc~'u:" for FY 77 98, extendsthe term of the
agreement for tennis center management to September 30, 1999, and
increases base management fees for FY 98 and 99 for tennis center
management services.
RAB:tas
File:u:sweeney/agenda
Doc:bjce97.agn
AMENDMENT TO MUNICIPAL GOLF COURSE MANAGEMENT
AGREEMENT DATED NOVEMBER 4, 1994
THIS AMENDMENT to the Municipal Golf Course Management
Agreement dated November 1, 1994 (original Agreement) is made this
day of ,1997 by and between the OITY OF DELRAY
BEACH (the City) and.B, JC~.~ANC. (d/b/a D,Jb[n end b, ssoc[,c+,cs) (referred
to herein as Dubin).
WITNESSETH:
WHEREAS, the padies entered into a Management Agreement
dated November 1, 1994 to provide for management services at the
Delray Beach Municipal Golf Course; and, have amended the
agreement in 1995 fo also provide management services for the Lake_v'LeW
Golf Course and in 1996 for the Tennis Center. . ~ol~ c~,.,.,-~ .~,.~ ......
-- WHEREAS, the parties desire to amend the Agreement 4e--p~-e~fe
'' ___.----' ', fo extend
the term of management service~o September 30, 1999, and to increase
the base fees for the Tennis Center Management Services.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are encorporated herein.
Ex~, ~ .... o,.,,,,~u u[~ OtTacnea nereTo, is incorporaTea as i~ lu~y
Z ~. Dubin shall manage the Tennis Center from October 1, 1997
through September 30, 1999.
~ ~ The City shall pay Dubin for the pedormance of sewices
provided for the Tennis Center afa base monthly rate of $1666.66 for FY 98
and $1733.33 for FY 99.
~ ,~. Except as expressly modified in writing herein or as modified
by subsequent written amendments, all other terms and conditions of the
original Agreement survive this Amendment and are binding on the
parties. Any reference to golf course, golf course operations or the like
include all golf courses owned by the City unless otherwise expressly
stated within the odginal agreement or amendment(s) thereto.
IN WITNESS THEREOF, the City and Dubin have set
their hand and seals on the day and year first above written to this
Amendment fo the Municipal Golf Course Management Agreement and
three counterparts, each of which shall constitute an original.
WITNESS: BJCE, INC.
By:
Brahm Dubin, President
(Name pdnfed or typed)
CORPORATE ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me this
day of ,1996 by
name of officer or agent, title of officer or agentl of
(name of corporation acknowledging) a
(state or place incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take an oath.
Signature of Notary Public - State of Florida
Print, Type or Stamp Name of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form:
City Attorney
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~J~oberf A. Barcinski, Assistant City Manager
DATE: November 25, 1997
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 2, 1997 CONSIDER APPROVAL
CONTRACT - PRIME ACCESS, INC.
Action
City Commission is requested to consider approval of a Tennis Center
consulting agreement for securing sponsorships for events to be held at
the Tennis Center in the amount of $6,000 annually. Brahm is also
requesting approval to pay Paul Feldsberg an additional $5,000 annually
and Drew Evert $2,500 to assist in managing tournaments. Funding would
come from sponsorship revenues.
Background
The City had previously entered into a one year agreement for $20,000
with Mr. Joseph Casale {copy attached) to provide services in securing
sponsorships and serving as Tournament Director for the City. This
agreement expired November 30,1997. Mr. Dubin is requesting that the
City enter into a new agreement with Prime Access, Inc. fo provide the
service of securing sponsorships for an annual fee of $6,000. This
agreement would expire November 30, 1998. If is noted that Prime
Access, Inc. is a company that is 50% owned by Mr. Dubin. Mr. Dubin is
also requesting approval of additional annual payments to Paul Feldsberg
($5,000J and Drew EveH ($2,500J to manage tennis tournaments. They
would provide the Tournament Director functions previously provided by
Mr. Casale.
Recommendation
Staff recommends approval of the Agreement with Prime Access, Inc. to
provide services in securing sponsorships for the Tennis Center in the
amount of $6,000 and to approve increased payments to Mr. Feldsberg
and Eved with funding to come from sponsorship revenue.
RAB/tas
File:u:sweeney/agenda /~ .~/,) ~/.--0
Do¢:primeacc.doc
CONSULTING AGREEMENT
This agreement, dated November 20, 1997, is made between
the City of Delray Beach and Prime Access, Inc.
WHEREAS, the parties have entered into a Consulting Agreement which provides
for Prime Access, Inc. to secure sponsorships for events held at the Delray Beach Tennis
Center.
THEREFORE, the parties agree as follows:
1. This agreement between Prime Access, Inc. and the City of Delray Beach shall
begin on December 1, 1997 and run through November 30, 1998.
2. Notwithstanding the above, either party, with or without cause, may terminate
this agreement with (90) days prior written notice delivered in person or transmitted
certified mail, return receipt requested.
3. The City of Delray Beach shall pay Prime Access, Inc. an annual fee of
$6000.00 payable at a base monthly rate of $500.00 due on the first of each month,
beginning December 1, 1997.
4. The City of Delray Beach shall also accept and pay the actual costs of
reimbursable expenses, provided that said reimbursable expenses are agreed to in advance
by the City of Delray Beach and Prime Access, Inc..
5. Prime Access, Inc. shall be and remain an independent contractor and not an
agent or employee of the City of Delray Beach with respect to all of the acts and services
performed by and under the terms of this agreement.
6. Any dispute under this agreement or related to this agreement shall be decided
in accordance to the laws of the State of Florida.
(Name printed or typed) (Name printed or typed)
City of Delray Beach Prime Access, Inc.
Golf & Tennis Management, Development & Consu/tation
MEMORANDUM
DATE: November 25, 1997
TO: Mr. David Harden ~,..~w~.~
FROM: Brahm Dubin " J
RE: Tennis Center Consulting
Agreement
Bob Barcinski
For the period of November 11, 1996 through November
30, 1997 The City of Delray Beach was under contract with
Mr. Joe Casale (see attached) to provide consulting services
to secure sponsorships for events held at the Delray Beach
Tennis Center. Additionally Mr. Casale served as Tournament
Director for the three professional USTA events held in
1997. The City paid a total sum of $20,000 payable at a
base monthly rate of $1,666.66. This agreement was not
renewed. (see attached)
In 1998 the City will be hosting two professional USTA
events, January 12-18, 1998 (women); May 11-17, 1998 (men).
In addition we are hosting the Nuveen Tour February 25-
March 1, 1998 and numerous other amateur events throughout
the year.
We are recommending that we pay Mr. Paul Felsberg and
Mr. Drew Evert an additional annual compensation of $5,000
and $2,500 respectively.
In addition we are recommending that we pay a monthly
sum of $500 to Prime Access Inc. whose responsibility will
be to secure sponsorships for the above mentioned events.
Prime Access Inc. is a newly formed company owned 50%
by myself. Mr. Joel London is it's President and 50%
shareholder. We presently have two additional employees.
Together they will contact corporations in South Florida and
attempt to secure sponsorships for City owned tennis events
at our Tennis Center.
2200HighlandAvenue. Del~yBeach, FL33445.(561)243-7064'Fax(561)243-7386
TENNIS CENTER CONSULTING AGREEMENT
This agreement, dated November 8, 1996 is made between
the City of Delray Beach and Joseph Casale.
WHEREAS, the parties have entered into a Consulting Agreement which provides for
Mr. Casale to secure sponsorships for events held at the Delray Beach Tennis Center.
Additionally, Mr. Casale shall also serve as Tournament Director for City of Delray Beach
owned professional tennis tournaments.
THEREFORE, the parties agree as follows:
1. This agreement between Mr. Casale and the City of Delray Beach shall begin on
November 11, 1996 and run through November 30, 1997.
2. Notwithstanding the above, either party, with or without cause, may terminate this
agreement with (90) days prior written notice delivered in person or transmitted certified mail,
return receipt requested.
3. The City of Delray Beach shall pay Mr. Casale an annual fee of $20,000 payable at
a base monthly rate of $1,666.66 due on the fu'st of each month, beginning December 1, 1996.
Payments will be prorated for services provided for less than one month.
4. The City of Delray Beach shall also accept and pay the actual costs of reimbursable
expenses, provided that said reimbursable expenses are agreed to in advance by the City of
Delray Beach and Mr. Casale.
5. Mr. Casale shall be and remain an independent contractor and not an agent or
employee of the City of Delray Beach with respect to all of the acts and services performed
by and under the terms of this Agreement.
6. Any dispute under this Agreement or related to this Agreement shall be decided
in accordance with the laws of the State of Florida.
(Name printed or typed) (Name printed or typed)
City of Delray Beach Joseph Casale
Golf & Tennis Management. Dovolopment & Consultation
October 10, 1997
Mr. Joe Casale
15774 Loch Maree Lane #3805
Gleneagles Country Club -
Delray Beach, Florida 33446
R6: 'r~nnis r.,.,~,.r.,,..,4 .... C~;~.sult. il.~9~_,urcc~
Dear Joe:
This letter is intended to confirm that the Tennis Center Consulting
Agreement dated November 8, 1996, between thc City of Delray Beach and
· Joseph Casale expires by its terms on November 30, 1997. No further
payments will be made under the agreement after the termination date. A
copy of the Tennis Center Consulting Agreement is included in the
correspondence for your reference.
Please acknowledge your receipt of this letter by signing the enclosed copy
of same and returning it to the undersigned.
BJCE, Inc., as agent for the City
of Delray Beach, Flodda
By:
Brahm Dubin, President ol B~J~E,
Inc.
Receipt,of the foregoing letter is hereb/ac.kn ~ed by the undersigned
2200 Highland Avenue · Delray Beach, FL 334~5 · (561) 243-7064, Fax (561) 243-7388
THE CITY OF DELRAY BEACH
DUBIN & ASSOCIATES
ANNUAL EVENTS
DBGC - Delray Beach Golf Club
DBTC - Delray Beach Tennis Center
LKVVV - Lakeview Golf Club
JANUARY .DATE WHERE ATTENDANCE
Beth Daniel Golf Clinic ,Jan. 9 DBGC 300
USTA Women's Satellite (Pro) Jan. 12-18 DBTC 1500
USTA 10-14 Super Sedes Jan. 10-12 DBTC 250
City Golf Championship Jan. 17-18 DBGC 100
FEBRUARY
USTA Adult Championship Feb. 20-22 DBTC 100
NUVEEN Tour Feb. 25-March I DBTC 50,000
Concert TBA DBTC 2,500
MARCH
Concert TBA DBTC 2,500
AP., RiL
2 Concerts TBA DBTC 5,000
MAY
USTA Men's Satellite (Pro) May 11-17 DBTC 1,500
USTA Senior Sectional May 15-17 DBTC 100
USTA 18 Designated May 23-25 DBTC 100
JUNE
USTA Jr. Summer Satellite June 20-22 DBTC 100
JULY
USTA 14 Boys and Girls Zonals July 12-16 DBTC 120
NJTL Boys and Gids Rally July 18-19 DBTC 100
AUGUST
City Tennis Championships TBA DBTC 150
SEPTEMBER DATE WHERE A'I-I'ENDANCE
· Elks Jr. Tourney Sep. 5-7 DBTC 100
NTRP Adult Championships Sep. 19-20 , DBTC 100
OCTOBER
USTA Men's & Women's 75-85 State Closed Oct. 9-11 DBTC 100
USTA Fall Jr. Satellite Oct. 31 - Nov. 2 DBTC 100
NOVEMBER
USTA Fall 16-18 Jr. Championships Nov. 21-22 DBTC 100
DECEMBER
Jingle Bell Scramble TBA LKVW 75
City Golf Championships TBA DBGC 150
DUBIN & ASSOCIATES
STATISTICS
DELRAY BEACH GOLF CLUB
Annual Rounds of Golf 92000
Lesson Programs 10000
Lunches Served 30000
Special Events 500
Banquets 45000 -'
177500
LAKEVIEW GOLF CLUB
Annual Rounds of Golf 57000
Special Events 500
57500
DELRAY BEACH TENNIS CENTER
Daily Play 40000
Lesson Programs 10000
NUVEEN Tour 50000
Concerts (4) 15000
Tournaments 3000
118000
City of Delray Beach Total: 353000
THE CITY OF DELRAY BEACH
DUBIN & ASSOCIATES
ANNUAL EVENTS
DBGC - Delray Beach Golf Club
DBTC - Delray Beach Tennis Center
LKVW - Lakeview Golf Club
JANUARY DATE WHERE ATTENDANCE
Beth Daniel Golf Clinic Jan. 9 DBGC 300
USTA Women's Satellite (Pro) Jan. 12-18 DBTC 1500
USTA 10-14 Super Series Jan. 10-12 DBTC 250
City Golf Championship Jan. 17-18 DBGC 100
FEBRUARY
USTA Adult Championship Feb. 20-22 DBTC 100
NUVEEN Tour Feb. 25-March 1 DBTC 50,000
Concert TBA DBTC 2,500
MARCH
Concert TBA DBTC 2,500
APRIL
2 Concerts TBA DBTC 5,000
MAY
USTA Men's Satellite (Pro) May 11-17 DBTC 1,500
USTA Senior Sectional May 15-17 DBTC 100
USTA 18 Designated May 23-25 DBTC 100
JUNE
USTA Jr. Summer Satellite June 20-22 DBTC 100
JULY
USTA 14 Boys and Girls Zonals July 12-16 DBTC 120
NJTL Boys and Girls Rally July 18-19 DBTC 100
AUGUST
City Tennis Championships TBA DBTC 150
SEPTEMBER DATE WHERE ATTENDANCE
Elks Jr. Tourney Sep. 5-7 DBTC 100
NTRP Adult Championships Sep. 19-20 , DBTC 100
OCTOBER
USTA Men's & Women's 75-85 State Closed Oct. 9-11 DBTC 100
USTA Fall Jr. Satellite Oct. 31 - Nov. 2 DBTC 100
NOVEMBER
USTA Fall 16-18 Jr. Championships Nov. 21-22 DBTC 100
DECEMBER
Jingle Bell Scramble TBA LKVW 75
City Golf Championships TBA DBGC 150
MEMORANDUM
TO: David T, Harden
City Manager
FROM: ~'Robert A. Barcinski
Assistant City Manager
DATE: November 24, 1997
SUBJECT: AGENDA ITEM fl MEETING OF DECEMBER 2, f997
USE OF PEDI-CABS A T ART AND JAZZ SPECIAL EVENT
ACTION:
City Commission is requested to approve a request from the Joint Venture to allow A-l-
A Bike Rentals to provide pedi-cab services on a one-time basis for the Art and Jazz
special event on December 11, 1997.
BACKGROUND:
Attached is a letter request from the Joint Venture with listed conditions to allow Pedi-
Cabs to operate for the December 11th Art and Jazz special event. Permission was
granted for the last Art and Jazz event on October 30th. No problems were noted or
observed by the police staff.
RECOMMENDATION:
Staff recommends approval of the request with listed conditions. However, we would
also recommend that if another vendor requests to provide this service that they be
allowed to do so with the Joint Venture's approval under the same conditions.
RAB/tas
File:u:sweeney/agenda
Doc:pedicab.doc
atlantic
November 19, 1997
Robert A. Barcinski, Assistant City Manger
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: AGENDA ITEM
CONSIDERATION - PEDI-CABS FOR ART & JAZZ, DECEMBER 11, 1997
Dear Bob:
The Joint Venture received a request this date from AIA Bike Rentals, Inc., for City
Commission approval for the use of pedi-cabs, on a one time basis, for Art & Jazz held
on Thursday, December 11, 1997.
Similar to the last request this is conditioned on the following by A1A Bike Rentals: 1. That A1A Bike Rentals operates and takes responsibility for this
operation.
2. That this approval is for this event only.
3. That the pedi-cab drivers are 18 years or older, with appropriate driver's
license, and no traffic violation for the past two years.
4. ~'~"~,, ,,.,, AIA Bike Rentals show ~, ,,~,,,~-~'~; of liability.
The parameters for the pedi-cab operation will coincide with the street closures dudng
Art & Jazz, ( Swinton to 7th Avenue), from 5:00 p.m. to midnight..
Your consideration of this request 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
~0~/--19--97 WEB 02 ~49 PM T~TE & MAHONEY 95~709998 P. 01
A1A Bike Rentals, Inc.
11~5 East Atlantic Avcnae, Delray Beach, Florida 33483
November 19, 1997
Mrs. Marjorie Ferrcr
Tile DOwntown Joint Venture
Dcltay Chamber of Co~mnercc
64 SE 5~' Avenue
Dclray Beach, FL 33483
Re: Jazz on the Avenue, December 11, 1997
Dear Ms. Marjorie Ferret:
This letter shall serve as a request for recoam~endat~on lo IM City of Ddray Beach, by thc Downtown
Joinl Venlute for AIA Bike Rcnlals lo operate our flee petit-cab service during the abo~ refe~'enced
special event, AIA Bike Rentals, Inc., a licensed and insured Delray Beach corporation, would opcrale
tiffs s~rvice wilhjt~ Ille designated event and parking areas only, offering free shuttle rides between tl~e
western boundary (Swinton Avenue ) and the eastern bound,'~ry (SR AIA). AIA Bike Rentals, Inc. will
operate safely and professionally, and agrees to take responsibility for all pcdi-cab drivers and passengers.
AIA Bike Rentals, Inc, has a one million dollar liability insurance policy in place (Ibc City has been listed
as "additional insured" on our policy as of the last event) All pc, ali-cab drivers are 18 years of age or
older, with valid Florida drivers liccn~$. In addition, no pedi-c, ab driver has had any moving violations
within the last two years or more.
Thank you for your lime and consideration, I hope to hear f~om you soon.
Sincerely,
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
L. W. 'M.ve=a \ Lt & Aasoci&tes · HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ff~pre~ Znauraace A~ency, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3044 South Military Tr. ,Alexander C · COMPANIESAFFORDING COVERAGE
La~e Work, .~L 33463 COMPANY
A ASSOCIATED IA~TEP-~ATIONAL INS C
INSURED COMPANY
A1A BIKE RENTALS, INC. B ASSOCIATED INTEPi~ATIONAL INS C
1155 E. ATLANTIC AVENUE COMPANY
DEI~Y BEACH, I~L 33483 C
COMPANY
I A1AB00 D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE 4NSURANCE AFFORDED BY THE POEClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO J ,~, E OF INSURANCE PO-' .'CY NUMBER POUCY EFFECTIVE POUCY EXPIRATION
_TR DATE (MM/DD/YY) DATE (MM/DD/YY) UMITS
A GENERALUABIUTY ABDO,JO02? 04/23/1997 04/23/1958 GENERALAGGREGATE $ 1000000
MMERClAL GENERAL LIABILITY PRODUCTS - COMP/DP AGG $ 1 0 0 0 0 0 0
~ CLAJMS MADE~lZl oCCUR ,ERSO~ & ADV INJURY $ 10 0 0 0 0 0
/
OWNER'S & CONTRACTOR'S PACT EACH OCCURRENCE $ 10 0 0 0 0 0
. FIRE DAMAGE (Any one tim) $ 5 0 0 0 0
MED EXP (Any one pemon) $ 5 0 0 0
AUTOMOBILE UABIU1T
-- COMEIINED SINGLE EMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY /I $
t SCHEDULED AUTOS (Per person) :
HIRED AUTOS BODILY INJURY
NON-O1NNED AUTOS (Per accidenl~ $
PROPERTY DAMAGE $
GARAGE UABIMTY AUTO ONLY - EA ACCIDENT $
ANYAUTO OTHER THAN AUTO ONLY: :::::::::::::::::::::::: :: ::: ::::
EACH ACCIDENT $
AGGREGATE $
I EXCESS LIABILITY EACH OCCURRENCE $
,
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM $
I WC STATU-f OTH- :
WORKERS
COMPENSATION
AND
TORYI,JMITS J.. ER : :::::::::::: ........ : ::::
EMPLOYERS' UABIUTY EL EACH ACCIDENT
s
THE PROPRIETOR/ II INCL EL DISEASE - POLICY UMIT
PARTNERS/EXECUTIVE ~
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $
~, OTHER &BDO40027 04/23/1997 04/23/1998 I COITrENTS 35000
SPECIAL FOP~ DEDUCTIBLE 500
:SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
:XCLUDES ~TI~D/HAIL/FLOOD
~.ERTIFICATE HOI~ER IS INCL~rDE~ AS LOSS PAYEE.
COJ~VIERCIAL LOANS OPEP~ATIONS SHOULD ANY OF THE ABOVE DESCRIBED POUCmES BE CANCELLED BEFORE THE
~I~T~T~]-I~C A -~'~)Ez~l.T, SAT~z~TC~ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
1750 E SiT~T~ISE BLV~ 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
~'~ LAUDEi~DALE, FL 33304 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUQATION OR UABIUTY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHO~ --
t~.'":"'":.F':"i.: .:~.:.:::.-:...:iiiiii~iiiiii~iii[iiiiiiiiiiii:::::::::::::::ii~i~!~!iJ!~[.~:i~!~:~:[~:i:i:!~:!~J[!~!~!!:ii:~:i:ii~!iL:~ii~i?iiiii!~!i~i! :::::::::::::::::::::::::::::::: _~ :: '
CITY JIF DELRliY BEfl[H
DELR^¥ BEACH
Writer's Direct Line: 561/243-7091
Ali,America
~993 DATE: November 14, 1997
TO: David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Subdivision Improvements and Guarantee (Letter of Credit)
Our office has received the attached request to modify our standard form agreement
governing subdivision improvements and guarantee from the General Counsel for the
Hammock Reserve Development Company.
The proposed additional language is highlighted in the attachment. The proposed change
permits a one-time reduction in the letter of credit amount if approved by the City
Manager upon obtaining an opinion from the City Engineer that satisfactory progress is
being made and approximately one-half of the improvements have been completed. The
City may deny the reduction in its sole discretion.
If this change is acceptable, the revised standard form of agreement should be placed on
the City Commission agenda for approval. If approved, our current standard form
should be modified to reflect the highlighted changes.
Attachment
cc: William E. Shannon, General Counsel/Hammock Reserve Development Co.
Richard Hasko, Assistant Director of Environmental Services
Randal Krejcarek, City Engineer
Diane Dominguez, Director of Planning & Zoning
subdiv.sar
HAMMOCK RESERVE DEVELOPMENT COMPANY
4500 PGA Boulevard, Suite 400
Palm Beach Gardens, FL 33418
(561) 627-2112 Fax: (561) 775-9121
November 12, 1997
Susan A. Ruby, Esq.
City Attomey, City of Delray Beach
200 NW 1~ Avenue
Delray Beach, Florida 33444-2768
Re: Proposed revision to Agreement for Completion of Subdivision Improvements and
Guarantee.
Dear Ms. Ruby:
Our firm is developing the new subdivision known as "Hammock Reserve" within the City
of Delray Beach. In connection with this development activity, we have signed the City of Delray
Beach's standard form of Agreement for Completion of Subdivision Improvements and Guarantee
(Letter of Credit). A copy of the executed Agreement is enclosed for your review.
The costs of developing real property are quite expensive, and are clearly shown on the
Agreement we have signed for the City. These costs are, however, doubled for the developer
because the typical lender requires that collateral (generally in the form of a setoff against the
construction loan) in the amount of its letter of credit be placed with the lender to protect it from
any loss under the letter of credit. Therefore, the developer expends one sum to develop the real
property, and an equal sum is set aside from the construction loan (accruing interest for the
lender) until the work is completed and the letter of credit is released.
While some municipalities allow for periodic reductions, the City's standard form of
Agreement does not provide for any reductions in the Letter of Credit for those portions of the
subdivision which are completed, inspected, and approved by the City's staff. The result is a form
of economic waste that seems unnecessary.
I have taken the liberty of redraffing the City's standard form of Agreement, and have
added language which I believe will continue to comfort the City, but which will allow for a one-
time reduction of the Letter of Credit (at the approximate mid-point of the development) if the
subdivider has satisfactorily completed approximately one half of the required improvements. The
modified form of Agreement is also enclosed, and you will see that deletions have been stricken
while additions have been shaded. Except for the proposed revisions,_your form has been copied-
verbatim. ' '~ i
~G! I ~ !997
Susan A. Ruby, Esq. Page 2 October 23, 1997
I am asking the City to consider a modification of its standard form of Agreement to allow
for such reductions for all subdividers. I claim no pride of authorship and would welcome your
comments. Please feel free to call ifI can provide any further insights or information. Thank you
for your consideration of this request.
Sincerely yours,
~. Shannon
General Counsel
WES/cs
cc: Charles H. Hathaway
Richard E. Greene, AICP
AGREEMENT FOR
COMPLETION OF SUBDIVISION IMPROVEMENTS AND GUARANTEE
(LETTER OF CREDIT)
THIS AGREEMENT entered into this day of ., 19__ between the
CITY OF DELRAY BEACH (hereinafter the City) and
(hereinafter the subdivider), for the purpose of assuring the City that the subdivider will complete the
improvements in the approved preliminary and final plat of , and that the
subdivider provides a guarantee for the subdivision improvements as required by the City of Delray
Beach subdivision ordinance.
WITNESETH
1. The subdivider furnishes the City the original Letter of Credit No. i s s u e d b y
, in the amount of $ , a copy of which is
attached hereto as Exhibit "A".
2. The funds available under the above referenced to Letter of Credit are allocated as follows:
a) $ for the construction and installation of all improvements as
called for on the approved preliminary and final plat of to be completed in
accordance with specification required by the City of Delray Beach. All required improvements of
the preliminary and final plat are to be and installed within a >eriod of not more than
from the date of this
the
Engi~e~ to assure completion within the __ above referred to period, the City is authorized to
complete the required improvements by making a demand on the above referred to Letter of credit
and using the funds obtained therefrom to complete the improvements. However, it is understood
that no demand will be made on the above-referenced Letter of Credit for the completion of
improvements until such time as the Subdivider has been given a thirty day notice in writing
specifying in what regards satisfactory progress towards completion is not being made. In the event
that this deficiency is cured within the thirty day period no demand will be made on the Letter of
Credit.
Notwithstanding, the above thirty day notice requirement, in the event that all improvements
as called for on the approved preliminary and final plat of have not been
completely and satisfactorily installed by , the City without notice to the subdivider may
make a demand or demands on the Letter of Credit in an amount sufficient to satisfactorily complete
the improvements.
In the event that the amount remaining under the Letter of Credit is insufficient to complete
the improvements, the subdivider will upon demand furnish such additional funds as are necessary to
fully and completely install the improvements. In the event that there is a surplus remaining after the
City's completion of installation of the required implements as may be required as set forth above,
the City shall remit or release this amount to the subdivider.
b) $ for the 10% guarantee required of the subdivider pursuant to the
City Subdivision Ordinance. The subdivider is required to defray all expenses incurred by the City
as a result of defects in materials and/or workmanship relating to the required subdivision
improvements as set forth on the preliminary and final plat of It is understood
that prior to the City making a demand on the Letter of Credit for any defects in materials and/or
workmanship that a thirty day written notice shall be provided to the subdivider to provide an
opportunity to correct such defect. NOTWITHSTANDING this thirty day notice requirement
however in the event that there are any defects in materials and/or workmanship existing as of
, the City may make such demand on the Letter of Credit as it deems necessary to
correct the existing defects.
In the event that there is a deficiency in the amount available under the Letter of Credit to
correct the defects the subdivider will upon demand provide to the City such additional funds as may
be required. In the event that there is a surplus remaining under the Letter of Credit in excess of the
amount required to correct the defects then the City will release or remit such an amount to the
subdivider.
The subdivider may at its option provide a substitute Letter of Credit in the amount often
percent (10%) of the construction cost of the improvements referred to in paragraph 2a., in lieu of
the city retaining available ten percent (10%) of the above referenced Letter of Credit. The substitute
shall be in the same form as the original Letter of Credit or such other form as may be satisfactory
to the City of Delray Beach.
3. If upon presentment the above referenced Letter of Credit is dishonored, the Subdivider shall
be liable to the City in the full amount which may be due under the Letter of Credit for either the
completion of improvements or to rectify defects in materials and/or workmanship pursuant to the
guarantee requirement of the subdivision ordinance. In addition, in the event that the City must take
steps to collect under the Letter of Credit and/or from the subdivider because of dishonor of the
Letter of Credit, the subdivider will pay all attorneys fees, collection costs, court costs and other
expenses incurred by the City in its efforts to collect the amount due. Further, it is understood that
the Letter of Credit shall secure in addition to the construction costs of the improvements and the
guarantee, all of the aforementioned costs which may be incurred by the City.
4. Any notice to be given hereunder shall be given by personal delivery, by registered mail, or
be registered expedited service at the addresses as specified below, or at such other addresses as may
be specified in writing by the parties hereto, and any such notice shall be deemed received on the date
of delivery.
As to City: City of Delray Beach
City Engineer
434 So. Swinton Avenue
Delray Beach, Florida 33444
As to subdivider:
WITNESS:
By:
(Name printed or typed)
Address:
(Name printed or typed)
CITY OF DELRAY BEACH
By:
ATTEST:
City Clerk
Approved as to legal sufficiency and form:
City Attorney
P:\Counsel\C SXB LOODYDEVELOP2. AGT.wpd
[ITY OF DELRRY BEfllCH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City
DATE: November 25, 1997
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Agreements with Palm Beach County and Palm Beach County School
District ~ Pine Grove Park Construction - Ball field Lighting and
Associated Improvements
The two attached agreements are proposed to be entered into between the City, County,
and School District. The agreements relate to the proposed construction of bail field
lighting and other improvements at Pine Grove Park. The following is a brief
description of each agreement.
Interlocal Agreement Between Palm Beach County_, City, and School District
The County agrees to provide $190,000 in funding for the design and construction of
Pine Grove Community Park. The City will contribute $100,000 to the project. The
improvements include lighting for the existing baseball diamond, a picnic pavilion, a
walking path, and other associated park improvements.
In return for the County's contribution, the City and School Board agree to keep the
park open to the general public for a term of fifteen years. In the event the land is not
used as a park, the City would have to refund to the County the entire $190,000 grant.
During the construction process, the County will reimburse the City on a quarterly basis
for project costs. It will be the City's responsibility to pay all costs over the County's
grant. It is anticipated that the City will spend $100,000 as its share of the construction
COSTS.
Second Addendum to Master A~reement with School District
Under this addendum, the City and School Board agree to construct additional recreation
facilities at Pine Grove Elementary School. The School Board will be responsible for
City Commission
November 25, 1997
Page 2
maintenance of the existing park and landscaping, and the City will be responsible for
the new construction installed pursuant to this agreement. Under the agreement, the
School District agrees to keep the land available for park use for a 15-year period. In
the event the land is needed for educational purposes, the School Board will assume the
City's obligation to refund the $190,000 County grant money, and reimburse the City a
percentage of the money the City expended on constructing the improvements. The park
will be constructed within 24 months of the execution of the agreement by all parties.
This addendum also extends the master interlocal agreement and the first addendum for
another 15 years. As a result, the City and School Board agree to coordinate use of the
recreational facilities up to the year 2013. If approved, the agreement will be forwarded
to the School Board for consideration in January, 1998.
Please call if you have any questions.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Sharon Morgan, City Clerk
Joseph Weldon, Director of Parks and Recreation
pinegro 1 .dnt
£1TY OF I][LllI:IY
DI~I. RA¥
~ !00 N.W. is~ ,AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Pine Grove Park
DATE: November 24, 1997
As you are aware, the development of Pine Grove Park is a cooperative effort among the
City of Delray Beach, Palm Beach County and the Palm Beach County School Board.
The School Board is providing the property while the County is contributing $190,000
and the City $100,000. FPL is initiating a new program in which they install sports
lighting for local municipalities and the School Board. We have the option to purchase
the lighting outright, or it can be paid over 10 or 20 years. Attached is some information
from FPL concerning this program although it has yet to be approved by the Florida
Public Service Commission. The cost of the lighting is supposed to be cheaper than if we
purchase it on the open market. However, our electrical consultant indicated that the
switchgear may be $20,000 more than the estimate given by FPL. It is my intention to
bid this as an alternate and delete it if FPL is cheaper.
The following are the approximate costs of the items in the initial construction of the
park:
Lighting - ' $174,000
Walking path 4,000
Fencing 8,000
Parking 20,000
Pavilion 36,000
Site grading and preparation 18,000
Landscaping and irrigation 15,000
Site amenities 5,000
Dugouts 15,000
Consultant - testing and engineering 10,000
Contingency 15,000
Total $320,000
THE EFFORT ALWAYS MATTERS
Pr~nted on Recycle(/Pal)er
Dennis Eshleman, Palm Beach County Parks and Recreation Director, wanted the
lighting of the ballfield diamond as a top priority in return for their funding. The total of
$320,000 is above the $290,000 we have budgeted, but I have requested Jose' Aguila to
list certain items as alternates if, in fact, the bid comes in over budget.
David Tolces is working on an agreement with Palm Beach County and the School Board
for City Commission consideration for December 2, 1997.
_~.e Weldon
Dtrector of Parks and Recreation
Attachment
cc: David Tolces
Assistant City Attorney
~/~ose' Aguila
Construction Manager
JW:cp
Ref:pgpkfund
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
THE CITY OF DELRAY BEACH, AND THE SCHOOL DISTRICT
OF PALM BEACH COUNTY FOR FUNDING OF DESIGN AND
CONSTRUCTION OF PINE GROVE COMMUNITY PARK
THIS INTERLOCAL AGREEMENT is made and entered into this day of
, 1 997, by and between Palm Beach County, a political subdivision of the
State of Florida, hereinafter referred to as the "COUNTY", the City of Delray Beach,
a Florida municipal corporation, hereinafter referred to as "CITY", and the School
District of Palm Beach County, a corporate body politic pursuant to the Constitution
of the State of Florida, hereinafter referred to as "SCHOOL DISTRICT".
WITNESSETH:
WHEREAS, SCHOOL DISTRICT owns and operates Pine Grove Elementary
School, located at 400 Southwest 10th Street in Delray Beach; and
WHEREAS, SCHOOL DISTRICT desires to expand existing recreational facilities
at the Pine Grove Elementary School playground adjacent to Elementary School, which
will be named "Pine Grove Community Park"; and
WHEREAS, CITY desires to perform design and construction of said Pine Grove
Community Park; and
WHEREAS, SCHOOL DISTRICT and CITY have asked the COUNTY to financially
participate in the development of said Pine Grove Community Park to include design
and construction of lighting for the existing baseball diamond, a group picnic pavilion,
a walking path, and associated park improvements, hereinafter referred to as "the
Project"; and
WHEREAS, the Project represents one such recreation project enumerated in the
$25.3 Mil~iun Parks Improvement Revenue Bond Issue, as amended, and one such
project as allocated from District 4 Recreation Assistance Program reserves; and
WHEREAS, CITY desires to operate and maintain the Project upon its
completion; and
WHEREAS, Pine Grove Community Park shall be open to and benefit all
residents of Palm Beach County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter
into Interlocal Agreements with each other to jointly exercise any power, privilege, or
authority which such agencies share in common and which each might exercise
separately; and
WHEREAS, each party desires to increase the recreational opportunities for
residents of Palm Beach County and to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representa'dons contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein
as if fully set forth.
Section 1.02; The purpose of this Interlocal Agreement is to enhance recreational
opportunities for use by the public and thereby provide a mechanism for the COUNTY
to assist SCHOOL DISTRICT and CITY in the funding of the Project.
Section 1.03 The COUNTY will pay to CITY a total amount not to exceed $190,000
for the construction of the Project as more fully described in the Project Description
and Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A", with
$110,000 from the $25.3 Million Park Improvement Revenue Bond and $80,000 from
District 4 Recreation Assistance Program reserves.
Section 1 .O__4 CITY agrees to provide funding in an amount of $1OO,000 or greater to
complete the Project.
Section 1.0..5 The COUNTY's representative during the construction of the Project
shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation
Department, telephone no. (561) 966-6685. CITY'S representative during the
construction of the Project shall be the Director of Parks and Recreation, or his
successor, telephone no. (561) 243-7251. SCHOOL DISTRICT's representative
during the construction of the Project shall be the Executive Director of Facilities
Management Services, or her successor, telephone no. (561) 434-8510.
Section 1.06 CITY shall construct the Project on the Pine Grove Community Park site
at Pine Grove Elementary School, as more fully described in Exhibit "B" attached
hereto and made a part hereof.
Section 1.07 CITY shall utilize its procurement process for all construction services
required for the Project. Said procurement process shall be consistent with all federal,
state and local laws, rules and regulations. The COUNTY shall have no contractual
obligation to any person retained by CITY with regard to the Project. Any disputes,
claims, or liability that may arise as a result of CITY's procurement are solely the
responsibility of CITY and CITY hereby holds the COUNTY harmless for same to the
extent permitted by law and subject to the limitations of Chapter 768.28, Florida
Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 CITY shall be responsible for the design and construction of the Project.
CITY shall design and construct the Project in accordance with Exhibit "A" (Project
Description and Conceptual Site Plan), attached hereto and made a part hereof, and
with all applicable federal, state and local laws, rules and regulations.
Section 2.02 CITY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.03 Prior to CITY commencing construction of the Project, CITY shall
provide a copy of all plans and specifications along with the associated costs thereof
to the SCHOOL DISTRICT's and COUNTY's Representative for review of same to
ensure consistency with the intent of this Interlocal Agreement. SCHOOL DISTRICT
and COUNTY shall provide comments to CITY within thirty (30) days of receipt of said
plans and specifications.
Section 2.04 CITY agrees to complete the Project and CITY and SCHOOL DISTRICT
agree to open same to the public for its intended use within twenty four (24) months
from the date of execution of this Interlocal Agreement by the parties hereto. Upon
notification to the COUNTY at least ninety (90) days prior to that date, CITY may
request an extension beyond this period for the purpose of completing the Project.
The COUNTY shall not unreasonably deny the CITY's request for said extension.
Section 2.05 CITY shall submit quarterly project status reports to the SCHOOL
DISTIRCT's and COUNTY's Representative on or before each October 10, January 10,
April 10, and July 10 during the construction of the Project. These Quarterly reports
shall include but not be limited to a summary of the work accomplished, problems
encountered, percentage of completion, and other information as deemed appropriate
by the COUNTY's Representative.
3
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove
shall be paid by the COUNTY to CITY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility
of CITY. In the event the estimated cost for the completion of the Project is more than
the amount of appropriated funds, CITY shall designate additional funds, or adjust the
project, subject to approval by the COUNTY, so that the cost does not exceed the
amount of appropriated funds. The COUNTY shall not disburse any funds to CITY for
the Project until CITY has provided assurance the project cost will not exceed
appropriated funds.
Section 3.02 The COUNTY shall only reimburse CITY for direct project costs. The
COUNTY shall pay reimbursable costs to CITY on a quarterly basis from the date of
execution of this Interlocal Agreement. For each requested quarterly payment, CITY
shall provide to the COUNTY's Representative a fully completed and executed Contract
Payment Request Form and a Contractual Services Purchase Schedule Form, attached
hereto and made a part hereof as Exhibit "C". Said forms shall include information
listing each invoice as paid by CITY and shall include the vendor invoice number;
invoice date; and the amount paid by CITY along with the number and date of the
respective check for said payment. CITY shall attach a copy of each vendor invoice
paid by CITY along with a copy of each respective check and shall make reference
thereof to the applicable item listed on the Contractual Services Purchase Schedule
Form. Further, CITY's Project Administrator and Project Financial Officer shall certify
the total funds spent by CITY on the Project and shall also certify that each vendor
invoice as listed on the Contractual Services Purchase Schedule Form was paid by
CITY as indicated. Upon receipt of said forms and prior to payment by the COUNTY,
the COUNTY's representative shall visit the Project site to verify and approve said
reimbursement request. The COUNTY will use its best efforts to provide said
reimbursement to CITYwithin forty five (45) days of receipt of the required information
as listed above.
Section 3.03 The COUNTY shall retain not more than ten percent (10%) of the total
amount allocated to CITY for the Project until CITY completes the Project and the
COUNTY receives and approves all documentation as required in accordance with this
Interlocal Agreement.
Section 3.04 CITY shall provide a request for final reimbursement to the COUNTY no
later than hinety (90) days following completion of the Project as certified by the
Project Engineer. The COUNTY will use its best efforts to provide said final
reimbursement to CITYwithin forty five (45) days of receipt of all required
documentation in accordance with this Interlocal Agreement.
Section 3.05 The Project will be initiated by CITY on December 1, 1997. Those
costs incurred by CITY subsequent to the date of said Project initiation are eligible for
reimbursement by COUNTY pursuant to the terms and conditions in Article 3
hereinabove.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4,01 Upon completion, the Project shall remain the property of SCHOOL
DISTRICT. The COUNTY shall not be required to pay SCHOOL DISTRICT or CITY any
additional funds for any other capital improvement required by or of SCHOOL
DISTRICT or CITY.
Section 4.02 SCHOOL DISTRICT and CITY hereby warrant and represent that they
have full legal authority and financial ability to operate and maintain said Project.
SCHOOL DISTRICT and CITY shall be responsible for all costs, expenses, fees and
charges, and liability related to the operation and maintenance of the Project.
SCHOOL DISTRICT and CITY shall operate and maintain the Project for its intended
use by the general public for a term of fifteen (15) years from the execution of this
Interlocal Agreement by the parties hereto. SCHOOL DISTRICT and CITY shall
maintain the Project in accordance with industry standards for such facilities to prevent
undue deterioration and to encourage public use.
Section 4.03 The rights and duties arising under this Interlocal Agreement shall inure
to the benefit of and be binding upon the parties hereto and their respective successors
and assigns. SCHOOL DISTRICT and CITY may not assign this Interlocal Agreement
nor any interest hereunder without the express prior written consent of the COUNTY.
Section 4.0.4 It is the intent of the COUNTY to issue this funding assistance to CITY
and SCHOOL DISTRICT for the purpose set forth hereinabove. In the event ownership
or management of the Project is transferred to a party or parties not now a part of this
Interlocal Agreement, other than another governmental entity that agrees to assume,
in writing, SCHOOL DISTRICT's and CITY's obligations hereunder, the COUNTY
retains the right to reimbursement from CITY for its participation to the full extent of
the funding assistance awarded to accomplish the Project.
5
ARTICLE 5: USE OF THE PROJECT
Section 5.01 SCHOOL DISTRICT and CITY warrant that the Pine Grove Community
Park shall serve a public recreational purpose and be open to and benefit all residents
of Palm Beach County on the same cost basis. SCHOOL DISTRICT and CITY shall
make Pine Grove Community Park available to the general public at reasonable times,
except during normal day time school hours, or when being used by Pine Grove
Elementary School for its activity programs. SCHOOL DISTRICT and CITY shall not
discriminate on the basis of race, color, sex, national origin, age, disability, religion,
ancestry, marital status or sexual orientation with respect to use of Pine Grove
Community Park.
Section 5.02 The term of this Interlocal Agreement shall be for a period of fifteen (15)
years commencing upon the date of execution of this Interlocal Agreement by the
parties hereto. SCHOOL DISTRICT and CITY shall restrict the use of the Project to
recreational, educational or community use purposes only unless otherwise agreed to
in writing by the parties hereto.
Section 5.03 CITY shall affix a permanent plaque or marker in a prominent location
at the completed Project indicating that the COUNTY was a contributor to the
development of the Project. Said plaque or marker shall include the County seal and
a list of County Commissioners, unless otherwise directed by the COUNTY's
Representative.
ARTICLE 6: ACCESS AND AUDITS
CITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the construction of the Project for at least three
(3) years after the end of the fiscal year in which the final payment is released by the
COUNTY, except that such records shall be retained by CITY until final resolution of
matters resulting from any litigation, claim, or special audit that starts prior to the
expiration of the three (3) year period. The COUNTY reserves the right, upon
reasonable request and during normal business hours, to inspect said Project and shall
have access to such books, records, and documents as required in this section for the
purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing
and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices
shall be addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
As to the CITY:
Director of Parks and Recreation
100 N.W. 1st Avenue
Delray Beach, FI 33444
As to SCHOOL DISTRICT:
Executive Director of Facilities Management Services
School District of Palm Beach County
3320 Forest Hill Blvd.
West Palm Beach, FL 33406
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon thirty (30) days advance
written notice to SCHOOL DISTRICT and CITY for non-compliance by SCHOOL
DISTRICT or CITY in the performance of any of the terms and conditions as set forth
herein and where SCHOOL DISTRICT or CITY does not cure said non-compliance
within ninety (90) days of receipt of written notice from the COUNTY to do so.
Further, upon written notice, CITY shall reimburse to the COUNTY any funds provided
to CITY pursuant to this Interlocal Agreement, either in whole or in part as determined
by the COUNTY.
ARTICLE 9: ENFORCEMENT COSTS
In the event that any action, suit or proceeding is commenced with respect to the
interpretation or enforcement of this Interlocal Agreement, the prevailing party in such
action, suit, or proceeding shall be entitled to recover all costs, expenses and fees
including, without limitation, reasonable attorney's fees, incurred by such party in
connection therewith in addition to any other relief to which such party or parties may
be entitled.
ARTICLE 10: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any
and all legal'action necessary to enforce the Interlocal Agreement will be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity or by statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof. The parties hereto may pursue any and all actions available under law to
enforce this Interlocal Agreement including, but not limited to, actions arising from the
breach of any provision set forth herein.
ARTICLE 11: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County.
ARTICLE 12: INDEMNIFICATION
Within the extent permitted by law, SCHOOL DISTRICT and CITY shall indemnify and
hold COUNTY harmless from and against any and all loss, suit, action, legal or
administrative proceeding, claim, demand, damage, liability, interest, reasonable
attorney's fee, cost and/or expense of whatsoever kind or nature arising in any manner
directly or indirectly related to the performance of this Interlocal Agreement. However,
SCHOOL DISTRICT and CITY do not indemnify the COUNTY from and against any and
all loss, suit, action, legal or administrative proceeding, claim, demand, damage,
liability, interest, reasonable attorney's fee, cost and/or expense due to the COUNTY'
negligence, nor shall the liability limits set forth in Section 768.28, Florida Statutes,
be waived. Section 768.28, Florida Statues, shall control all issues including
indemnification.
8
ARTICLE 13: INSURANCE
SCHOOL DISTRICT and CITY shall, during the term of this Interlocal Agreement and
any extension thereof, maintain in full force and effect Commercial General Liability
insurance (including Contractual Liability and Completed Operations Liability) in the
amount specified in Section 768.28, Florida Statutes, to specifically cover all
exposures associated with the Project and terms and conditions of this Interlocal
Agreement.
Prior to commencement of construction, SCHOOL DISTRICT and CITY shall provide
a Certificate of Insurance evidencing insurance coverage as required herein. All
insurance to be maintained by SCHOOL DISTRICT and CITY shall specifically include
the COUNTY as an "Additional Insured" and shall also provide that no material change
or cancellation of the insurance shall be effective without thirty (30) days prior written
notice to the COUNTY's Representative. Compliance with the foregoing requirements
shall not relieve SCHOOL DISTRICT and CITY of their liability and obligations under
this Interlocal Agreement.
ARTICLE 14: CAPTIONS
The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
ARTICLE 15: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the
remainder of this Interlocal Agreement, or the application of such term or provision,
to any person or circumstance other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this
Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by
law.
ARTICLE 16: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY,
the CITY, and SCHOOL DISTRICT, and supersedes all other negotiations,
representations or agreements, either written or oral, relating to this Interlocal
Agreement. None of the provisions, terms and conditions contained in this Interlocal
Agreement may be added to, modified, superseded or otherwise altered, except by
written instrument executed by the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
be executed on the day and year first above written and shall not be enforceable
unless signed by all parties hereto.
ATTEST: PALM BEACH COUNTY, BY ITS BOARD
DOROTHY H. WILKEN, CLERK OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chairman
ATTEST: CITY OF DELRAY BEACH
By: By:
City Clerk Mayor
WITNESSES: SCHOOL DISTRICT OF PALM BEACH
COUNTY
By:
Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
School District Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
10
EXHIBIT B
- · PALM BEACH COUNTY EXHIBIT C
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
(Project)
Grantee Request Date
Billing # Billing Period
PROJECT PAYMENT SUMMARY
Project Costs Cummulative Total
Item This Billing Project Costs Project Costs
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above Certification: I hereby certify that the documen-
were incurred for the work identified as being ration has been maintained as required to support
accomplished in the attached progress reports, the project expenses reported above and is avail-
able for audit upon request.
Administrator/Date Financial Officer/Date
PBC USE ONLY
County Funding Participation $
Total Project Cost $
Total project costs to date $
County obligation to date $
County retainage (__..%) ( )
County funds previously disbursed ( )
Co~Jnty funds due this billing $
Reviewed and Approved by:
PBC Project Administrator/Date
Department Director/Date
1 OF2
This Instrument Prepared by:
Jan C. Hansen, AICP
with K. Fischer, Associate Counsel
The School District of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
SECOND ADDENDUM TO THE MASTER AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND
THE PALM BEACH COUNTY SCHOOL DISTRICT
FOR THE MUTUAL USE OF RECREATIONAL FACILITIES
AT PINE GROVE ELEMENTARY SCHOOL
This Agreement made and entered into this ~ day of , 1997 by and between the CITY
OF DELRAY BEACH, Florida, a municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF
PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the
"DISTRICT".
WITNESSETH:
WHEREAS, the DISTRICT is the owner in fee simple of 14+/- acres of land and improvements
thereon known as Pine Grove Elementary School, hereinafter the SCHOOL, located within the
CITY, a description thereof being attached hereto as Exhibit "A"; and,
WHEREAS, both the DISTRICT and the CITY desire to provide additional recreation and
playground facilities at the SCHOOL on a portion of the campus to be known Pine Grove
Community Park (the PARK) for the mutual benefit of the SCHOOL and the residents of the
CITY and Palm Beach County; and,
WHEREAS, CITY desires to carry out the design and construction of the PARK and related
facilities listed and generally shown on Exhibits "B-i' and" "'
B-2 , and,
WHEREAS, the DISTRICT and the CITY have asked Palm Beach County ( hereinafter the
COUNTY ) to financially participate in the development of the PARK and related facilities, listed
and generally shown on Exhibit B-1 and hereinafter referred to as the "PROJECT"; and,
H:\data\wp5 l\doc\agreemt\pinegrv2.11a 1 jch October 20, 1997
WHEREAS, the PROJECT represents one such recreation project enumerated in the $25.3M
Parks Improvement Revenue Bond Issue, as amended, and one such project as allocated from the
COUNTY'S District 4 Recreation Assistance Program reserves; and,
WHEREAS, CITY desires to operate and maintain the PARK upon its completion; and,
WHEREAS, the PARK shall be open to and benefit all residents of Palm Beach County exclusive
of the preferred use by the students of the SCHOOL during normal school hours; and,
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into lnterlocal
Agreements with each other to jointly exercise any power, privilege, or authority which such
agencies share in common and which each might exercise separately; and,
WHEREAS, the DISTRICT and the CITY have previously entered into a Master Agreement and
First Addendum thereto (Exhibit "C") covering the joint use of their facilities and wish to extend
and amend those documents to provide for the development of the PARK; and,
WHEREAS, the DISTRICT desires to increase the recreational opportunities for its students and
to enter into this Addendum for the benefit of the CITY, the COUNTY and the DISTRICT; and,
WHEREAS, both the DISTRICT and the CITY realize that it is advantageous for both parties to
jointly develop and utilize said facilities, thereby eliminating unwarranted duplication of facilities
and expense.
NOW, THEREFORE, For and in consideration of mutual benefits received by each party, the
parties hereto agree as follows:
H:\data\wp51\doc\agreemfipinegrv2.11a 2 jch October 20, 1997
ARTICLE 1: GENERAL
Section 1.1 Scope / Purpose of the PROJECT
The scope of this PROJECT includes the construction of an active neighborhood park for joint use
on property owned by the DISTRICT, more commonly known as Pine Grove Elementary School,
located generally between S.W. 4th and 7th Avenues, abutting S.W. 10th street in Delray Beach.
( Exhibit "A." ). Elements of the PROJECT are outlined on Exhibit "B-l".
Section 1.2 Ownership
The PARK property on which the proposed facilities are to be built will remain in the ownership
of the DISTRICT. The PARK facilities will be owned and maintained by the CITY.
Section 1.3. Funding, Operation and Maintenance.
Funding for this project will be provided by the CITY with major contributions to the CITY by
the COUNTY in accordance with the terms of a separate agreement attached hereto as Exhibit
"D". The Operation and Maintenance of the PARK will be the responsibility of the CITY.
Section 1.4 Specific Responsibilities.
Section 1.4.1 THE DISTRICT.
The Palm Beach County School District will be responsible for the following: The operation and maintenance of the SCHOOL campus.
The operation and supervision of school programs at the PARK during school hours
and at other exclusive use periods as mutually agreed upon.
The maintenance of Phase 1 (existing) playground equipment and landscaping as well
as responsibility for replacement of PARK facilities damaged during normal school
hours or other exclusive use periods (other than customary wear and tear).
· Maintenance of perimeter fencing for the SCHOOL campus.
· Provision of input to CITY staff in the review of plans and specifications for the
PROJECT.
· Provision of a boundary survey and topographic survey, as required.
· Insurance coverage during school use periods.
H:\data\wp51\doc\agreemt\pinegrv2.11a 3 jch October 20, 1997
Section 1.4.2 THE CITY
The City of Delray Beach shall be responsible for the following:
Construction of the PROJECT as listed and generally shown on Exhibit "B-1 ".
Securing and managing the PROJECT monies, including grant funds from the
COUNTY.
· Development and processing of PROJECT plans for CITY, DISTRICT and any
outside agency approvals.
· Acquisition of park facilities and equipment.
· Preparation of final plans and specifications for bid, bid project, and provide
construction management services in consultation with School DISTRICT staff.
Section 1.5 Under a separate agreement ( Exhibit "D"), the COUNTY has agreed to pay the
CITY a total amount not to exceed $190,000 for the construction of the PROJECT, as listed and
generally shown on Exhibit "B-l", with $110,000 from the $25.3 Million Park Improvement
Revenue Bond and $80,000 from District 4 Recreation Assistance Program reserves. The CITY
has also agreed to provide funding in the amount of $100,000 to complete the PROJECT.
Section 1.6 The COUNTY's representative during the construction of the PROJECT shall be the
Director of Parks and Recreation, or his designee, Palm Beach County Parks and Recreation
Depamnent, telephone no. (561) 966-6685. The CITY'S representative during the construction
of the Project shall be the Director of Parks and Recreation, or his designee, telephone no. '(561) '"
243-7251. The DISTRICT's representative during the construction of the Project shall be the
Executive Director of Facilities Management Services, or her designee, telephone no. (561) 434-
8510.
Section 1.7 The CITY shall utilize its procurement process for all construction services required
for the Project. Said procurement process shall be consistent with all federal, state and local.laws, . ......
rules and regulations. The DISTRICT shall have no contractual obligation to any person retained
by CITY with regard to the PROJECT. Any disputes, claims, or liability that may arise as a result
of CITY's procurement and construction are solely the responsibility of CITY and CITY hereby
holds the DISTRICT harmless for same, to the extent permitted by law..
H:\data\wp5 l\doc\agreemt\pinegrv2.11a 4 ich October 20, 1997
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.1 The CITY shall be responsible for the design and construction of the PROJECT.
CITY shall design and construct the Project in accordance with Exhibit "B-1" (Project Description
and Conceptual Site Plan), attached hereto and made a part hereof, in accordance with all
applicable federal, state and local laws, rules and regulations.
Section 2.2 CITY shall be responsible for all approvals necessary to construct the Project.
Section 2.3 Prior to CITY commencing construction of the Project, CITY shall provide a copy
of all plans and specifications along with the associated costs thereof to the DISTRICT's
Representative for review of same to ensure consistency with the intent of this tmerlocal
Agreement.
Section 2.4 CITY agrees to complete the PROJECT, and CITY and DISTRICT agree to opening
the PARK to the public for its intended use within twenty four (24) months from the date of
execution of this Addendum by the parties hereto. The DISTRICT shall not be liable for any
construction delays affecting the timely completion of the PROJECT.
Section 2.5 CITY shall submit copies of the quarterly project status reports to the DISTRICT'S
Representative on or before each October 10, January 10, April 10, and July 10 during the
construction of the PROJECT. These Quarterly reports shall include but not be limited to a
summary of the work accomplished, problems encountered, percentage of completion, and other
information as deemed appropriate.
ARTICLE 3: OWNERSHIP, OPERATION
AND MAINTENANCE OF THE PARK
Section 3.1 The CITY shall be responsible for all costs, expenses, fees, and liability related to
the operation and maintenance of the PARK. The CITY shall operate and maintain the PARK for
its intended use by the DISTRICT and the general public for a term of fifteen (15) years from the
H:\data\wp5 l\doc\agreemt\pinegrv2.11a 5 jch October 20, 1997
date of execution of this Addendum by the parties hereto. The CITY shall maintain the PARK in
accordance with industry standards for such facilities to prevent undue deterioration. The
DISTRICT shall be responsible for the replacement of PARK facilities damaged during SCHOOL
use periods.
Section 3.2 The rights and duties arising under this Addendum shall inure to the benefit of and
be binding upon the parties hereto and their respective successors and assigns. DISTRICT or
CITY may not assign this lnterlocal Agreement nor any interest hereunder without the express
prior written consent of the other party and the COUNTY. In the event ownership or management
of the PARK or its facilities is transferred to a party or parties not now a part of this Interlocal
Agreement, other than another governmental entity that agrees to assume, in writing, DISTRICT's
and CITY's obligations hereunder, the CITY will retain the obligation to reimburse the COUNTY
for its participation to the full extent of the funding assistance awarded to accomplish the
PROJECT. Notwithstanding the foregoing, in the event the PARK parcel is required for
educational purposes, the DISTRICT will assume this obligation and, in addition, agrees to
reimburse to the CITY the original cost of improvements funded by the CITY under this addendum
· in accordance with the following schedule:
TERMINATION AFTER REIMBURSEMENT
First Year 95% of Cost
Second Year 90% of Cost
Third Year 85% of Cost
Fourth Year 80% of Cost
Fifth Year 75% of Cost
Sixth Year 70% of Cost
Seventh Year 65% of Cost
Eighth Year 60% of Cost
Ninth Year 55% of Cost
Tenth Year 50% of Cost
Eleventh Year 40% of Cost
Twelfth Year 30% of Cost
Thirteenth Year 20% of Cost
Fourteenth Year 10% of Cost
Fifteenth Year 0%
H:\data\wp5 l\doc\agreemt\pinegrv2.11a 6 ich October 20, 1997
ARTICLE 4: USE OF THE PARK
Section 4.1 DISTRICT and CITY warrant that the PARK shall serve a public recreational
purpose and be open to and benefit all residents of Palm Beach County on an equal opportunity
basis. DISTRICT and CITY shall make the PARK available to the general public at reasonable
times, except during normal day time school hours, or when being used by the SCHOOL for its
activity programs, at which times the DISTRICT shall have the right of "first use". DISTRICT
and CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability,
religion, ancestry, marital status or sexual orientation in performance of this Addendum.
ARTICLE 5 : DURATION AND TERMINATION
Section 5.1 The term of this Addendum shall be for a period of fifteen (15) years commencing
upon the date of execution of this lnterlocal Agreement by the parties hereto. The DISTRICT and
CITY shall restrict the use of the PARK to recreational, educational or community use purposes
only unless otherwise agreed to in writing by the parties hereto and approved by the COUNTY.
The Master Agreement and First Amendment are hereby extended to coincide with the expiration
of this Addendum, but all may be extended by mutual consent of the parties hereto at any time
prior to the expiration date.
Section 5.2 Either Party to this Agreement may terminate this Addendum upon sixty (60) days
advance written notice to the other party for non-compliance by either party in the performance
of any of the terms and conditions as set forth herein and where either party does not cure said
non-compliance within sixty (60) days of receipt of written notice from the other party to do
so. Further, at the discretion of the DISTRICT and upon written notice, CITY shall reimburse
to the DISTRICT any funds that may be required to restore site to its original condition prior
to the construction of the PARK facilities.
H:\data\wp51\doc\agreernt\pinegrv2.11a 7 jch October 20, 1997
ARTICLE 6: INSURANCE
Section 6.1 CITY shall, provide the DISTRICT the same insurance coverage required by the
COUNTY in performance of the terms and conditions of the separate agreement between the
COUNTY, the DISTRICT, and the CITY included herein as Exhibit "D". Compliance with the
foregoing requirements shall not relieve the CITY of its liability and obligations under this
lnterlocal Agreement.
ARTICLE 7: SEVERABILITY
Section 7.1 If any term or provision of this Addendum, or the application thereof to an.v person
or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this
Addendum, or the application of such term or provision, to any person or circumstance other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Addendum shall be deemed valid and enforceable to the extent permitted by
law.
ARTICLE 8: ENTIRETY OF AGREEMENT
Section 8.1 All terms and conditions of the Master Agreement and the First Addendum
(September 6, and 25, 1995) not ia conflict with this Addendum shall remain in full force and
effect. The Master Agreement along with the First and Second Addendums represent the entire
understanding between the CITY and the DISTRICT, and supersede all other negotiations,
representations or agreements, either written or oral, relating to this Addendum. None of the
provisions, terms and conditions contained ia this Addendum may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto.
H:\data\wp5 l\doc\agreemt\pinegrv2.11a 8 jch October 20, 1997
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed on the day and
year first above written.
CITY OF DELRAY BEACH
REVIEWED AND APPROVED
By:
Jay Alperin, Mayor
City of Delray Beach Attorney
Allison MacGregor-Harry, City Clerk
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
By:
WITNESSES: (Two are required) Chairman
By:
Dr. Joan P. Kowal, Superintendent
PRINT NAME
PRINT NAME NOTARY PUBLIC
Print Name:
REVIEWED AND APPROVED Notary Public, State of Florida
Serial No
Karen V.D.H. Fischer, School District Attorney
H:\data\wp51\doc\agreemt\pinegrv2.11a 9 jch October 20, 1997
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EXH I BIT "C"
This Instrument Prepar' y:
! Agustin A. Hcrnandez with Robert A. Rosillo
and should be returned to:
Robert A. Rosillo, Associate Counsel
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
This space provided for recording purposes. Do not write in this space. _
MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD
AND THE CITY OF Delray~ Beach
THIS AGREEMENT, entered into this ~iL~ day of ~zv../zz~g , 1995, between~ the SCHOOL-BOARD
OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida,
(hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida municipal Corporation,
(hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation
Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide
for the coordination of development activities of units of local government; and
WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools oT Palm Beach County, Florida,
and does own and operate schools in the City of Delray Beach; and
WHEREAS, both the SCHOOL BOARD and the CITY recognize the needs, on occasion, for both parties to
utilize the facilities of the other, thereby minimizing the duplication of facilities; and
WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of its
Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities
when not in use for educational or program purposes established by the BOARD.
WHEREAS, the CITY is the controlling body of the parks and recreation areas and does own and operate these
areas in the City of Delray Beach.
NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows:
1. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes.
2. Individually designated school center facilities and city facilities shall be subject to all terms and
conditions of this Agreement through an Addendum to the Agreement.
3. All school center facilities which have been made available through specific addendum to this Interlocal
Agreement shall be available for public use when not required by the SCHOOL BOARD..fa~ its public
education program; provided however, such use shall be subject to the rules, regulations and policies of
the SCHOOL BOARD and in compliance with all Federal, State and local laws.
4. All School Board facilities shall be available for City use when not required by the School Board for its
programs; provided, however, such use shall be subject to the rules, regulations and policies of the
School District and in compliance with all Federal, State and local laws.
h:\data\wp50\do¢\ag reemt\pineg rov.cdb AAH:Ira 8110195
1
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5. The CITY's us-eof school center facilities shall be requested by proper application identifying the nature
of the use, facility space requirements, and SCHOOL BOARD personnel requirements in accordance to
the SCHOOL BOARD policies manual Chapter III, Personnel, Section 3.01 and Chapter VII, Facility
& Operations, Section 7.18(7), community use of school. Application for use shall be made to the
school's Principal at least ten (10) days prior to CITY use with the Principal making a recommendation
on the use to the SCHOOL DISTRICT and/or Assistant Superintendent of Support Services. Final
approval or denial of the application will be by the SCHOOL DISTRICT and/or Assistant Superintendent
of Support Services. The CITY shall be notified of the decision at least 5 days prior to the intended use
date.
6. The School Board's use of City facilities shall be requested by proper application identifying the nature
of the use, facility space requirements, and City personnel requirements. Such use shall be subject to the
City's rules, regulations and policies, and in compliance with all Federal, State and local laws.
Application for use shall be made to the City Manager at least ten (10) days prior to School Board use
with the Manager making a decision on the use. Final review and approval of the application rests solely
with the City Manager or his designee and the School District shall be notified of their decision at least
10 days prior to the use.
7. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees
to the extent and limit provided in Chapter 768.28, Florida Statutes, for-the period of time the City is
using the facilities designated through an addendum to this Agreement, provided however, that this
provision shall not be construed as a waiver of any right or defense which the CITY may possess, and
it reserves all such rights as against any and all claims that may be brought against it under.this
Agreement.
8. This Agreement may be modified only by mutual resolution of the parties' respective governing bodies.
9. This Agreement may be recorded in the Public Records of Palm Beach County, Florida.
10. This Agreement shall be in full force and effect for a period of thre.: (2) ten (10) years -etmameneing on
the day and date first written above. It is understood that this Agreement may be renewed or extended
by the mutual consent of the governing bodies for both parties, for an additional ,~.a~....~ r~x,., ten (10) years
commencing at the expiration of the original previous three year term, subject to the same terms and
conditions and provided herein and by addendum or amendment. Either party intending to exercise the
option to renew this Agreement, shall provide the other party with written notice of their intent at least
one hundred eighty (180) days prior to the expiration of the term of this Agreement.
11. This Agreement may be terminated in its entirety by either party giving to the other party, written notice
at least one hundred eighty (180) days prior to the date of termination.
12. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any
such notice shall be deemed sufficiently given or served, if served personally, sent Certified mail by the
United States Mail, or by any nationally recognized overnight carrier to the SCHOOL BOARD or the
City at the address set forth as follows:
h:\data\wpS0\doc\agreemt\pinegrov.cdb AAH:Ira 8/I0/95
2
As to School Board: SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
With Copies to: Bernard Shulman
Superintendent
3340 Forest Hill Boulevard
West Palm Beach, Florida 33406-5869
As to the City: Susan Ruby, City Attorney
City of Dclray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
With Copies to: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
13. If any term or provision of this Agreement shall, to any extent, be decree2 invalid or unenforceable, the
remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law.
14. This Agreement together with any addendum that may now or in the future be attached and become a part
hereof of this Agreement set forth all covenants, promises, agreements, conditions and understandings
between the parties hereto. There are no covenants, promises, agreements, conditions and und6rstandings,
either oral or written, between the panics other than those herein set forth. Except as herein provided,
no subsequent alteration, changes, or additions, shall be binding the parties, unless and until reduced to
writing and signed by both parties.
IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year
first above written.
Signed in the presence of SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY, FLORIDA COUNTY OF PALM BEACH
h:\data\wp50\doc\agrecmt\pinegrov.cd b AAtl:Im 8110195
3
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County first
named above to take acknowledgements personally appeared Chairperson of the Palm Beach County School Board, and
Chairman Bernard Shulman as Secretary of the School Board of Palm Beach County, Florida and they acknowledged before
me that they executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the
School Board.
SWORN TO and subscribed before me this__ day of , 1992._
My Commission Expires Notav/Public
(Notary Seal)
Signed in the presence of: City of Delray Beach, Florida
Mayor Thomas E. Lynch
Attest:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County
aforesaid to take acknowledgements personally appeared Clara K. Williams as Mayor, and Gwendolyn E. Davis, as City
Clerk of the City of Delray Beach, Florida, and they acknowledged before me that they executed the foregoing instrument
as said officers of the City and that they also affixed thereto the official seal of the City of Delray Beach.
SWORN TO and subscribed before me this__ day of , 1992.
My Commission Expires: Notary Public
(Notary Seal)
.yr.." ../:...'..:.- -....-:: ~ ....... .__....~..
Approve ..... : .-'~ .. Approved:
/ Robert A:'Rosillo Susan Ruby
School Board Attorney City Attorney
h:\data\wp50\doc\agreemt\pinegrov.cdb AAH:Ira 8110195
4
This Instrument Prepared by:
Agustin A. Hcrnandcz with Robert A. Rosillo
and should be returned to:
Robert A. Rosillo, Associate Counsel
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
ADDENDUM TO INTERLOCAL AGREEMENT
FOR THE
MUTUAL USE OF RECREATIONAL FACILITIES
AT PINE GROVE ELEMENTARY SCHOOL
s AND THE CITY OF DELRAf/~
Agreement made and entered into this o~,~ day o , 19~,~by and between the CITY
,.,,c~~'P~-~-=~,,, ~,-~,..,, ....... ,~r,~,~,,,~,"~° Florida, a municipal cooperation organized and existing under the laws
of the State of Florida, hereinafter referred to as the ~CITY" and the SCHOOL BOARD OF PALM BEACH
COUNTY, Florida, a public school corporation, hereinafter referred to as the "BOARD".
WITNESSETH:
WHEREAS, the BOARD is the owner in fee simple of the 10.0__+ acres of land.and. ~mprovements
thereon known as Pine Grove Elementary School located within the CITY. A complete description thereof
being attached hereto as Exhibit "A".
WHEREAS, both the BOARD and the CITY desire to provide adequate recreation and playground
facilities at Pine Grove Elementary School for the mutual benefit of Pine Grove students and City residents,
and,
WHEREAS, both the BOARD and the City realize that it is advantageous for both parties to jointly
develop and utilize said facilities, thereby eliminating unwarranted duplication of facilities-and' expense.
NOW, THEREFORE, For and in consideration of mutual benefits received by each party, the parties
hereto mutually agree as follows:
I. Scope/Purpose of Project
The scope of this project includes the construction of a playground/park for joint School/City
use, on property owned by the School Board, more commonly known as Pine Grove Elementary School,
located at S.W. 4th Avenue and S.W. 10th street in Delray Beach. See Exhibit "A." Elements of -'
construction are outlined in Exhibit ~B" and will be completed in phases, with Phase I to start with the
execution of this Agreement. See Exhibit "A. ~
H:\data\w@5 l\dockagreemt\addendum.pie I AAH:Im 7/25/95
II. Ownership
The property on which the proposed facilities are to be built will remain in the ownership of the Palm
Beach County School Board.
III. Funding
Funding for this project will be provided by the CITY and the BOARD w/th contributions to the
CITY by Palm Beach County. Phase I construction funding is to be provided as follows with the executive
of this agreement:
1. City of Delray Beach $45,000
2. Palm Beach County $40,000
3. School Board up to $45,000 for playground equipment acquisition
Funding for subsequent phases will be provided as dollars becomes available. The specific amounts
and allocation of same will be incorporated as an addendum to this Agreement.
IV. ResponSibilities
A. School Board
The School Board will be responsible for the following items:
1. Site Plan Development
2. Processing road and alley abandonments and rezoning requests through the City of
Delray Beach.
3. Acquisition of playground equipment and installation
4. Provide construction oversight for the installation of playground equipment.
5. Provide input to City staff in the preparation of plans and specifications ~for bid
documents.
6. Provide site survey and topographic survey.
B. City of Delray Beach
The City of Delray Beach shall be responsible for the following:
1. Obtain County funding.
2. Develop and process site plan for City Board approval.
3. Assist the School Board in processing the City Board app"ovals.
4. Prepare final plans and specifications for bid, bid project, and provide construction
management services in consultation with School Board staff.
V. Uses of Property
1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to
prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be
responsible for its utilities cost associated herewith. The athletic and recreational facilities at Pine Grove
Elementary School, owned and operated by the BOARD shall be available for use by the City except during
H:\data\wp5 l\doc\agreemfiaddendum.pie 2 AAH:Im 7/25/95
normal daytime school programs for children, or when being used for school activity programs. The athletic
and recreational facilities owned and operated by the City, such as the City's ballfields and park space, shall
be available to the BOARD for use by the various public schools in the City, except at those times when,
in the opinion of the City of Delray Beach Recreation Department, the recreational needs of the City have
priority over the use of the facility by the students. -
2. Procedure for Requesting Use of a Facility: All requests by the City for the use of the
Pine Grove Elementary School athletic facilities will be initiated by the Director of the City Recreation'
Department and directed to the Principal of Pine Grove Elementary School. The Principal will evaluate the
request and approve if the facility is not otherwise in school use.
All requests by the School Board for the use of the City facilities will be initiated by
the Principal of Pine Grove Elementary School and directed to the Director of the City Recreation
Department. The Director will evaluate the request and approve if the facility is not otherwise in use.
· ' 3. Notice: The City and Board agree to provide adequate notice, when it is necessary to
use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or
other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten days
prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if
an alternative cannot be agreed upon.
4. Adequate Supervision and Student Conduct: Both parties agree to provide adequate
supervision at all times, taking into consideration the type of activities planned, when using the 'other's
facilities. Student conduct and discipline at school facilities shall be governed by School Board policy
Chapter 5.18. A copy of School Board Policy Chapter 5.18 being attached hereto as Exhibit "C".
5. Manner of Use; Cleanup: Both parties agree to utilize the facilities and equipment of
the other in the manner, and to the extent and degree intended for the particular facility or equipment in use
and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the
facility.
6. Vandalism to Facilities When in Use Pursuant to this Agreement: The City agrees to
be responsible for vandalism occurring to the BOARD'S facilities occurring during the periods the facilities
are used by the CITY. The BOARD agrees to be responsible for vandalism occurring to the CITY'S
facilities occurring during the periods the facilities are used by the BOARD. The owner of the respective
facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized
invoice to the other for damage incurred during the other's use of the facility.
H:\data\wp5 l\doc\agreemt\addendum.pie 3 AAH:Im 7/25/95
VI. Facility Maintenance
The following maintenance responsibilities will be assumed by each entity on completion of Phase
I improvements:
A. School Board - Phase I
1. Playground equipment maintenance and repair. _
2. Hard court maintenance and repair, including basketball goals and rims.~--~
3. Fencing
4. Grounds and irrigation for the playground area;~
B. City - Phase I
1. Grounds and irrigation on the multi-purpose field.
2. Backstops and benches on the multi-purpose field.
3. Water fountains on multi-purpose field.
VII. Site Security:
The BOARD will be responsible for securing the School site on a daily basis. The CITY will be
responsible for securing the Park site daily. Construction will be completed in such a manner as to provide
cross access between the playground area and the balance of the Park site, but will provide adequate security
for the main school site.
VIII. Insurance:
The BOARD recognizes its liability for certain tortious acts of its agents, officers, employees and
invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial
waiver of sovereign immunity, for the period of time the BOARD is using CITY facilities designated
through an addendum to this Agreement, provided however, that this provision shall not be construed as
a waiver of any right or defense which the BOARD may possess, and it reserves all such rights as against
any and all claims that may be brought against it under this Agreement.
IX. Terms: **
This Agreement shall become effective upon approval of both parties, and shall continue ten years
with a five year renewal by mutual consent of both parties.
X. Termination:
Either party may terminate this Agreement without cause upon sixty (60) days written.nntice.to she
other. However, should this Agreement be terminated prior to the original ten (10) year period by the
School Board, the Board will reimburse the City for its share and the County's share, based on a straight
~inexten (10) year amortization schedule. Notice pursuant to this Agreement shall be give to the BOARD
~TERM~./~/~n the event of a conflict between the Master Agreement ~and the
. Addendum, the Addendum shall control.
H:\data\wp5 [\doc\agreemt~addendum.pi¢ 4 AAH:lin 7/25195
at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach FL 33406; and to the City
at: City Manager, I00 North West 1st Avenue, Delray Beach, Florida 33444.
Both parties to this Agreement agree not to discriminate against any person on the basis of race,
religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the
Agreement. _
This Agreement contains all the understandings of the parties hereto, notwithstanding any previous
written or oral understandings between the parities on the same subject.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed_in their
respective names by their proper officials and under their official seal as of the day and year first above
written.
ATTEST: CITY OF DELRAY BEACH, FLOR/DA
City Clerk Mfi~or 5'h~mas E. Lynch
(SEAL) SCHOOL BOARD OF PALM BEACH
COUNTY, FLOR/DA
Jody/J~ea~on, Chairman ~ ' rnardSl'rulman,-Stiperinten-'n'~nt
(SEAL)
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
Susan Ruby ' .:,~.~obert Rosilto'"~
FI:\data\wp5 l\doc~agreemt\addendum.pic 5 AAH:Ira 7/25/95
EXH I BIT "D"
Interlocal Agreement Between Palm Beach County,
The City of Delray Beach, and the School District
of Palm Beach County for Funding of Design and
Construction of Pine Grove Community Park
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ej~..Robert A. Barcinski
t'~' Assistant City Manager
DATE: November 24, 1997
SUBJECT: AGENDA ITEM fl MEETING OF DECEMBER 2, 1997
APPROVAL - INCREASE/FINAL PA YMENT PARKING STUDY
CONSULTANT
ACTION:
City Commission is requested to approve an increase in the amount of $765.37 to John
D. Edwards for the downtown parking study and approve final payment. Funding is
available from parking trust funds (account number 115-0000-248-01.00) which has a
current uncommitted balance of $2,378.40.
BACKGROUND:
We have received (attached) a request from Janet Onnen, Chairperson of the Parking
Management Team, to approve the final payment to the consultant in the amount of
$1,393.77 which is an increase of $765.37 over the original approved amount of
$3,850.00. The increase is due to Mr. Edwards for visiting our site on three (3) different
occasions versus two (2) per the original agreement.
RECOMMENDATION:
Approve the increase of $765.37 payment to John D. Edwards and authorize final
payment.
RAB/tas
File:u:sweeney/agenda
Doc:jedwards.doc
· Agenda Item No.:
AGENDA REQUEST
November 24, 1997
Date:
Request to be placed on:,
x Regular Agenda Special Agenda Workshop Agenda
December 2, 1997
When:
Description of agenda item (who, what, where, how much): City Commission
is requested to approve an increase in the amount of $765.37 to 3chh D. Edwards for t~e
downtown parkin~ study and approve final payment. Funding is available from parking
tr,,~t funds (a££ount number 115-0000-248-01.00~ which has a current uncommitted balance
ORDIN~NOE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO
'Recommendation:
Department Head Signature: -~'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds]:
Funding available: ~/ NO
Funding alternative~.- (~f a~pli~able)
Account No. & Description: il~-O0~-~,O~-O0 ~ I'~ O~'~1~'~6-O--
Account Balance: ~Z,~';~.~0
City Manager Review:
ApprovedHold Until: for agenda: ~ NO ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
November 20, 1997
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Payment to John D. Edwards/Parking Management Team Parking
Consultant
Dear David:
In April 1997, City Commission agreed to hire a parking consultant, Mr. John D.
Edwards, in the amount of $3,850 to update the 1992 parking study and strategic plan.
The proposal included one (1) two day site visit to gather data and interview key
people, writing of the report, and a return trip to present findings and the report.
Mr. Edwards visited Delray Beach initially in March and returned again at our request
in July to conduct additional analysis and input. He returned in September to conduct
the final town hall type meeting and give an overview of his recommendations. The
original agreement only provided for two trips, but we requested the third.
We have now received Mr. Edwards third bill in the amount of $1,393.77. Two invoices
have previously been paid in the amount of $3,221.60. We are requesting that the City
authorize payment of the final invoice and provide funding in the amount of $765.37.
Sincerely,
Janet Onnen ~
Chair
Parking Management Team
JO/RAB/tas
Ffle:u:sweeney/asltrs
Doc:edwards.pmt
JOHN D. EDWARDS, P.E. CONSULTING ENGINEER
3912 SHELDON DRIVE, ATLANTA, GEORGIA 30342 404-261-4929
RECEIVED
October 14, 1997 OCT
ASSISTANT
CITy IV/ANAG ER
I)elray Be~ch Parking Man~geme~ Te~m
220 N. E. ~ S~t
~y, B~, ~H~
Attention: Ms. Janet Owen
INVOICE FOR SEPTEMBER 1997
Trip # 3 - 8 hours @ $125 $1,000.00
Expenses and Air Fare:
Air Fare $228.00
Hotel 71.50
Automobile 53.27
Parking 11.00
Meals 30.00
393.77
TOTAL DUE THIS INVOICE
JOHN D, EDWARDS. P.E.
13, l~J~
RECEIVED
~¥Ls. Janet Owen,
Parking Mmiagement T~, of Deb-ay B~ach NOV
Meisner Electric Com~
~ ~t:
P~e ~d a~ ~ ~ ~v~ce ~ ~e ~ ~ $1,3~.~. ~ re~~
an ~c~e ~ $7~ for ~e ov~ ~ ~ ~~ ~d ~62.95 ~ ~vd ~s
for ~ ~ ~p. C~ ~ · ~ b n ~~.
· I ~e by ~w you ~ve r~ved ~e wH~ te~. ~ ~ OK? You ~o ~t~
~e C~ ~ger w~ ~t~ ~ ~e q,n~o~ for a ~g
p~ ~er
eminent, ~, p~ or e~~g. He (or ~) ~d ~d the
~~ent, p~ ad~ni~on, or reb~ ~ ~ ~ ~ for
~~e.
I ~ ~t you ~ ~d ~~ ~ ~e q~n~on for ~e ~,~
~0,~ ~ - at 1~ ~t b w~t we ~d ~y up h~.
Let me ~ow how it ~.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'~' - MEETING OF DECEMBER 2, 1997
STEERING COMMITTEE
DATE: NOVEMBER 26, 1997
This is before the Commission to consider ratification of the 16
member Steering Committee proposed for the 1998 All America City
award application process.
The application process is an opportunity to tell more of the
Delray Beach story, and will be a community-wide effort. The
steering committee will be responsible for soliciting, analyzing,
and making the final recommendations on which projects will be
represented in the application.
Staff is recommending the following persons be ratified by the
Commission as members of the All America City award application
process:
Bill Woods, Chamber of Commerce I. Elizabeth Wesley, Resident
Marjorie Ferrer, Joint Venture Sandra Almy, Resident
C. Spencer Pompey, Resident Bob Rehr, Fire Chief
Chuck Ridley, MADDADS, Inc. Ross Licata, Police Department
Joe Gillie, Old School Square Paul Smith, COP Program
Gerri Hudson, Delray Shores HOA Kelly Rowland, Youth Member
Kathy Sumrall, Resident Melissa Burton, Youth Member
Frank McKinney, Business Person
Richard Eckerle, President's Council
Recommend ratification of these appointments to the All America
City Award Steering Committee.
Date: 11/25/97 Agenda Item No.
AGENDA REQUEST
_Agenda request to be placed on:
X Regular __ Special __ Workshop ~ Consent
When: 12/2/97
Description of Aeenda Item:
f ~h ~[~
Approval o e ~o-memmber Steering Committee for the 1998 All
America City Award Application
Ordinance/Resolution Required: Ye~_~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attomev Review/Recommendation (if applicable)
:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City. Manager Review:
ApprovedHold Until:f°r agenda: ~/No ~ff~.tf
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
MEMORANDUM
DATE: November 26, 1997
TO: David Harden, City Manager .
FROM: Lula Butler, Director, Community Improvement~(~
RE: All America City_ Application -1998 Steering Committee
ITEM BEFORE THE COMMISSION;
City Commission consideration to ratify the 16 member Steering Committee and
process for the 1998 All America City Award application process.
BACKGROUND:
The City applied for and received the designation as an All America City from the
National Civic League in June, 1993. The award recognizes exemplary grassroots
community problem-solving and is given to communities that cooperatively tackle
challenges and achieve results. The award celebrates vibrant, resourceful places where
neighbors pitch in together; places with a diverse collection of talents and people who
dwell, not on problems of the past, but on opportunities of the present and possibilities
for the future.
The approach to the application is an opportunity to tell more of the Deiray Beach story
and will be a community wide effort. The steering committee will be responsible for
soliciting, analyzing and making the final recommendation on which projects will be
represented in the application. All segments of the community will be sought out for
input. The application calls for:
1. Demographic and background information
2. A project summary page
3. A community self-evaluation based on the Civic Index
4. A discussion of how our community's civic infrastructure helped the community
address its key challenges, and
5. A description of three community-building projects that exemplify the AAC criteria
and have significant impact the community since 1995.
The projects represented in the application should illustrate the community's ability to:
1. Anticipate problems by pro-actively dealing with community challenges and/or
2. Respond in collaborative and resourceful ways to a current critical problem.
3. One project should reflect the community's commitment to youth. The National Civic
League has issued a Youth Initiative Challenge for the next three (3) years and that
at least one program document ways in which the lives of children and youth have
been tangibly improved.
Staff is recommending the following persons be ratified by the City Commission as
members of the All America City Award Application process:
Bill Woods, Chamber
Marjorie Ferrer, Joint Venture
C. Spencer Pompey, Resident
Chuck Ridley, MADDADS, Inc.
Joe Gillie, OSS
Gerri Hudson, Delray Shores HOA
Frank McKinney, Business Person
Kathy Sumrall, Resident
I. Elizabeth Wesley, Resident
Sandra Almy, Resident
Bob Rehr, Fire Chief
Ross Licata, Police Department
Richard Eckerle, President's Council
Paul Smith, COP Program
Kelly Rowland, Youth Member
Melissa Burton, Youth Member
The 1998 Award entry application deadline is March 26, 1998. Finalists will be
announced on April 20 and the Awards ceremony will be held in Mobile, AL, June 18-20.
RECOMMENDATION:
Staff is recommending City Commission ratification of the sixteen (16) member Steering
Committee as proposed for the 1998 All America City Award application and process.
LB:DQ
AAC.LB
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER#~~~.
SUBJECT: AGENDA ITEM '~ REGULAR MEETING OF DECEMBER 2, 1997
APPOINTMENT TO HIGH-RISE FIRE SAFETY TASK TEAM
DATE: NOVEMBER 25, 1997
David A. Tyrian, resident representative from the Coastal House
Condominium, has submitted his letter of resignation from the
High-Rise Fire Safety Task Team.
The charge of the task team is to study and make recommendations
to the City Commission concerning the issue of fire protection
sprinklers in high-rise buildings, including the impacts, costs
and time frames for compliance. The task team is scheduled to
sunset on March 31, 1998.
The following residents of the Coastal House Condominium have
applied for consideration:
Michael R. Heyer
Jeptha H. Lanning
Alfred J. Laupheimer, Jr.
The appointment will be made by Commissioner Egan (Seat #2).
Recommend appointment of a resident representative from the
Coastal House Condominium to the High-Rise Fire Safety Task Team
to fill an unexpired term ending March 31, 1998.
ref:agmemo5
COASTAL
H 0 U S
beach A CONDOMINIUM RESIDENCE
2200 SOUTH OCEAN BLVD. · DELRAY BEACH, FLORIDA 33483 TELEPHONE (561) 278-5979
FAX (561) 278-9319
November 12, 1997
The City Commission
100 N.W. 1st Avenue
City of Delray Beach
Florida 33444
Members of the Commission:
Effective Friday, November 7, 1997, I have resigned as President
of the Board of Directors of Coastal House for personal reasons.
At this time, I also resign from the High-Rise Fire Safety Task
Team.
I would ask the City Commission to appoint Jeptha H. Lanning, Vice
President of the Board of Directors of Coastal House, now serving
as Acting President of the condominium.
Thank you for consideration of my request.
Sinczely yours, ~
David A. Tynan ~/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER :
SUBJECT: AGENDA ITEM # IO~- REGUI..~.R MEETING OF DECEMBER 2, 1997
ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE
PROPERTY)
DATE: NOVEMBER 26, 1997
Ordinance No. 47-97 rezones approximately 12.4 acres of the 17.5 acre
Yake property from RL (Low Density Residential/3-6 units per acre) to
RM-8 (Medium Density Residential/5-8 units per acre). At first
reading on November 4, 1997, the Commission passed the ordinance by a
vote of 3 to 2 (Mr. Ellingsworth and Mr. Randolph dissenting). A
quasi-judicial public hearing was subsequently scheduled for November
18, 1997.
At the applicant's request, the hearing on November 18th was
continued by the City Commission to the date certain of December 2,
1997, at 7:00 p.m. We have now received another request for
postponement from Michael Listick, the applicant's attorney. The
applicant is still in the process of working with various agencies on
water management and environmental issues. This may result in the
number of units being decreased to the point where the project can be
accommodated under the present zoning classification.
In view of the unresolved issues, I recommend that the applicant's
request be honored and Ordinance No. 47-97 be continued to the date
certain of January 6, 1998, at 7:00 p.m.
ref:agmemol5
Via facsimile & Mail
Hovember 25, 1997
Mrs. Diane D~minquez
Planning & Zoning Director
City of Delray Beach
100 N.W. let Avenue
Delray ]~each, ~L 33444
Re: Por~on Companies,
Yake Parcel
Dear Diane:
This will confirm that the second reading of the rezoning
should be postponed approximately a ~onch. You indicated that you
will schedule it for the first meeting in January, 1998.
Very t youra,
Michael M. Llstick
K~L:lek
cc: Scott Porton (Fax and Mail)
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6
UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM
DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE
YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST
OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF
ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST OF AND
ADJACENT TO THE INTRACOASTAL WATERWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned RL (Low Density Residential/3-5 units per
acre) District; and
WHEREAS, at its meeting of October 20, 1997, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, considered this item at a public hearing and voted 3 to 2 to
recommend that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM-8 (Medium Density
Residential/5-8 units per acre) District for the following described
property:
All that part of Lot 1, Correction Map Showing
Subdivision of Property of Harry Seemiller situated
in Lots 36, 1 & 3 Section 9, Township 46S, Range
43E, Palm Beach County, Fla., according to the Plat
thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County,
Florida, in Plat Book 9, Page 72, Palm Beach County
Records, more particularly described as follows:
Commencing at the northwest corner of Lot 18, Block
"C", of La Hacienda, as shown on Plat recorded in
Plat Book 15, Page 6, Palm Beach County Records;
thence North at right angles to the North line of
said Lot 18, a distance of 8 feet to the North line
of alley as shown on Plat of La Hacienda, which is
the point of beginning; from said point of
beginning run North at right angles to the North
line of La Hacienda, a distance of 239 feet, more
or less, to the North line of Lot 1 of said Harry
Seemiller's Subdivision; thence East along the
North line of Lot 1 of said Harry Seemiller's
Subdivision to the West right-of-way line of the
Intracoastal Waterway; thence southerly along the
West right-of-way line of the Intracoastal Waterway
to the North line of La Hacienda; thence westerly
along the North line of La Hacienda to the point of
beginning;
Lots 20 to 27, inclusive, and Lots 29 to 34,
inclusive, Block C; Lots 21 to 27, inclusive, and
Lots 29 to 34, inclusive, Block E; and all of Block
F of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida;
That certain parcel of real property shown on the
Plat of La Hacienda, a subdivision in Palm Beach
County, Florida, as per Plat thereof, recorded in
Plat Book 15, Page 6, of the Public Records of Palm
Beach County, Florida, which parcel is designated
"Lake" and which lies between Lake Avenue N and
Lake Avenue S and which surrounds Block F and Lake
Trail in said Subdivision.
Including lots, blocks, easements, rights-of-way,
streets and alleys as shown on the above described
Plats, as vacated by Resolution No. R-82-17 of the
Board of County Commissioners of Palm Beach County,
Florida, recorded January 22, 1982, in Official
Records Book 3662, Page 1600, of the Public Records
of Palm Beach County, Florida.
i~ - 2 - Ord. No. 47-97
The subject property is located approximately 850
feet east of U.S. Highway #1, north of Denery Lane,
south of Royal Palm Boulevard, and immediately west
of and adjacent to the Intracoastal Waterway;
containing 12.4 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 47-97
80R TON
M..,~A. TRACT
O~R,~' GULF STREAM
Sw,,.'=' shop GOLF CLUB
RM
M~.S.A. TRACT
~WAY NORTH tOe, lDO:
I,~O.
CF ,~
M. cA. YRACT
N REZONING
~ (A PORTION OF YAKE PROPERTY)
C~TY OF ~LRAY BEACH.
Pf. ANNJNG & ZONINO DEPAR~4£NT FROM: RL (LOW DENSITY RESIDENTIAL) TO: RM (MEDIUM DENSITY RESIDENTIAL)
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER (~ ~ ,~
SUBJECT: CITY COMMISSION MEETING OF DECEMBER~ 997 L~RAME2, 1997 E R AMENDMENT
RE: THE LAND DEVELOPMENT REGULATIONS (LDRs) ESTABLISHING
SPECIFIC REQUIREMENTS FOR THE DEVELOPMENT AND MAINTENANCE
OF SELF-SERVICE STORAGE FACILITIES
ACTION REQUESTED OF THE COMMISSION
The requested action of the Commission is the adoption of LDR amendments pertaining to the
regulation of Self-Service Storage Facilities (SSSF). The amendments affect the following
sections of the Land Development Regulations: 4.3.3, Specific Requirements for Special Uses;
4.4.19, Mixed Industrial & Commercial (MIC) District; 4.4.26, Liqht Industrial (LI) District; and
Appendix "A", DEFINITIONS.
BACKGROUND I
The Planning and Zoning Board at its regular meeting in October 1996, voted to direct staff to
conduct a study as to whether or not self storage facilities should be permitted within the City, and
how they might be regulated. This study was presented to the Board at its Workshop Meeting of
June 9, 1997. At this meeting the Board directed staff to move forward with this item and create
proposed text changes to the City's LDRs which would allow self storage facilities as a conditional
use in the Light Industrial (LI), and Mixed Industrial & Commercial (MIC) zone districts, and
provide for several performance standards to ensure quality development.
At the present time, self storage facilities are not listed as a permitted or conditional use in any
zoning district in the City of Delray Beach. As a result of the proposed amendments self storage
facilities would be allowed, as a conditional use, in the Light Industrial (LI) and Mixed Industrial &
Commercial (MIC) zone districts. In addition to all regulations in the underlying zone district, sub-
section (A) of Section 4.3.3 lists specific performance standards for the development and
operation of such facilities.
Please see the attached staff report for the Planning & Zoning Board meeting of November 17,
1997, for additional background and analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning & Zoning Board considered the amendment at a public hearing on November 17,
1997. No one from the public spoke in favor or opposition to the changes. Without discussion,
the Board voted unanimously to recommend approval of the amendments to the City Commission.
RECOMMENDED ACTION
By motion approve the amendments to the LDRs, amending Sections 4.3.3, Specific
Requirements for Special Uses; 4.4.19, Mixed Industrial & Commercial (MIC) District; 4.4.26, Liqht
Industrial (LI) District; and Appendix "A", DEFINITIONS. ,
Attachment:
· Proposed LDRamendments ~1' ~OT~ ~ ~'J"~/~ /''
® Reportfrom P&Z Meeting, November 17, 1997. tO~t[,~ t~ C~.~,.~
. :u ),9 /0
ORDINANCE NO. 52-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY ESTABLISHING A
DEFINITION FOR 'SELF-SERVICE STORAGE FACILITY';
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", TO ESTABLISH SPECIFIC REQUIREMENTS
FOR SELF-SERVICE STORAGE FACILITIES; AMENDING
SUBSECTION 4.4.19(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", BY ADDING SELF-SERVICE STORAGE
FACILITIES AS A CONDITIONAL USE WITHIN THE MIXED
INDUSTRIAL AND COMMERCIAL ZONE DISTRICT; AMENDING
SUBSECTION 4.4.26(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", BY ADDING SELF-SERVICE STORAGE
FACILITIES AS A CONDITIONAL USE WITHIN THE LIGHT
INDUSTRIAL ZONE DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on November 17, 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 consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Appendix "A", "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to establish a definition for
'Self-Service Storage Facility', to read as follows:
SELF-SERVICE STORAGE FACILITY (SSSF):
An individual buildinq or qroup of buildinqs arranqed in such a
fashion to create a compound like structure, which contain var¥inq
sizes of individual self-contained storaqe units or bays, rented or
leased for the express purpose of the dead storaqe of a tenant's
qoods or wares.
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(A),
of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(A) ~K Self-Service Storage Facilities (SSSF):
(1) Lot Area: The minimum lot area is two (2) acres,
and the maximum lot area is five (5) acres.
(2/ Facilities and Requirements:
(a) Any SSSF which has outdoor bay type access
to storage units must be designed in such a
way to create a compound like structure with
a defined masonry perimeter. In addition,
the facility should be designed in such a
way to minimize or eliminate sight lines of
any bay doors, or outdoor storage of boats
and vehicles, from the adjacent
rights-of-way.
(b) No building shall exceed fifteen feet ~15')
in height, excluding the on-site manager's
apartment which can be located on the second
floor.
(c) Parking shall be provided at the rate of one
(1) space per 5,000 square feet of building
floor area devoted to self-storage and
accessory management/administration uses.
This reguirement may be modified during the
site plan approval process if a sufficient
number of storage units have direct vehicle
access, and internal driveways are designed
to allow customers to safely park in front
of their storage unit without impeding
internal circulation.
(3) Limitation of Uses:
(a) Activities other than the rental or lease of
storage units are not allowed to be
conducted on the premises, unless
specifically permitted through the
conditional use process.
- 2 - Ord. No. 52-97
(bi No business or activity other than dead
storage shall be conducted from any storaqe
unit in the facility. Examples of
prohibited uses include, but are not limited
to the followinq: the servicinq, repair
and/or restoration of automobiles, boats,
recreational vehicles, lawnmowers and the
like; qaraqe sales; movinq and storaqe
companies; cabinet makinq and wood workinq
(whether personal or professional); personal
hobbies and arts and crafts; and any other
activity unless specifically permitted
throuqh the conditional use process.
(c) There shall be no electrical power provided
to, or accessible from, any individual
storaqe units. This includes the provision
of liqhtinq fixtures to the interior of a
storage unit, unless specifically addressed
in the conditional use approval. The use of
portable qenerators is also prohibited.
The use or storaqe of any hazardous
materials is expressly prohibited.
(el The terms and conditions of this section
shall be clearly expressed in all storaqe
rental or leasing contracts, as well as
conspicuously displayed on a siqn no smaller
than one foot (1') by two feet (2') in the
leasing office.
Failure to maintain the terms and conditions
of this section shall be qrounds for
revocation of the conditional use approval.
(4) On-Site Manaqer Required: All SSSF are required
to have, and continuously maintain, an on-site manaqer, and provide
on-site livinq quarters for such.
(5) Hours of 0~eration: SSSF customers may not
access individual storage units before 6:00 a.m. or any later than
8:00 p.m. Hours of operation may be further restricted when it is
deemed that morning and eveninq traffic into and out of the facility
may neqatively impact the character of an adjacent residential area.
In no circumstance shall customers of any SSSF have 24 hour access to
their storaqe unit(s).
3 - Ord. No. 52-97
(6) Landscape Requirements: In addition to all
applicable landscape requirements and other special provisions
pursuant to the individual zone district, a minimum ten foot (10')
landscape buffer shall be required for the entirety of the property.
(7) Outdoor Storage of Vehicles and Boats: The
outdoor storage of boats and vehicles is permitted only if
.specifically addressed during the conditional use approval process.
In all cases, this use is permitted only as accessory to the main
use, must be located in the interior of the masonry perimeter, and
may not be visible from any rights-of-way.
(8) Truck Rental: Truck rental may be conducted as
an ancillary use, if specifically permitted in the conditional use
approval, and an appropriate amount of additional parking spaces are
provided. Storage of rental trucks must be located in the interior
of the masonry perimeter, and may not be visible from any
rights-of-way.
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19(D),
"Conditional Uses and Structures Allowed", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended by adding the following:
Self-service storage facilities (SSSF}, pursuant to
the provisions set forth in 4.3.3(A).
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.26, "Light
Industrial (LI) District", Subsection 4.4.26(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended by
adding the following:
(4) Self-service storage facilities (SSSF), pursuant to
the provisions set forth in 4.3.3(A}.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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.
- 4 - Ord. No. 52-97
Section 7. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
- 5 - Ord. No. 52-97
MEETING OF: NOVEMBER 17, 1998
AGENDA ITEM: V.E. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS ESTABLISHING SELF-SERVICE STORAGE
FACILITIES (SSSF), AS A CONDITIONAL USE IN THE LIGHT
INDUSTRIAL (LI), AND MIXED INDUSTRIAL & COMMERCIAL
ZONE DISTRICTS.
The item before the Board is that of making a recommendation of to the City
Commission regarding amendments to LDR Sections Appendix A, providing a definition
of self-service storage facilities; Section 4.3.3, establishing specific requirements for
self-service storage facilities; and Sections 4.4.19 and 4.4.26 establishing self-service
storage facilities as a conditional use in the Light Industrial (LI) and Mixed Industrial &
Commercial (MIC)zone districts, respectively.
At the request of Michael S. Weiner, PA., the Planning and Zoning Board at its regular
meeting in October 1996, voted to direct staff to conduct a study as to whether or not
self storage facilities should be permitted within the City, and how they might be
regulated.
As a result, the attached report was presented to the Planning & Zoning Board at its
Workshop Meeting of June 9, 1997. At this meeting the Planning & Zoning Board
directed staff to move forward this item and create proposed text changes to the City's
Land Development Regulations which would allow self storage facilities as a conditional
use in the Light Industrial (LI), and Mixed Industrial & Commercial (MIC) zone districts,
and provide for several performance standards to ensure quality developments.
At the present time, self storage facilities are not listed as a permitted or conditional use
in any zoning districts in the City of Delray Beach. They could however, possibly be
accommodated through a "Special Activities District", which would require a separate
rezoning for each facility. The SAD would have to be consistent with the Future Land
Use Map designation, which would probably be Commerce or Industrial.
V.E.
P&Z Memorandum Staff Report
LDR Amendment RE: Self-Service Storage Facilities
Page 2
In order to implement the changes recommended by the Planning & Zoning Board, the
following sections of the LDRs would be amended:
I. Appendix "A"- Definitions
II. Section 4.3.3 - Special Requirements for Specific Uses
III. Section 4.4.19(D), Mixed Industrial & Commercial Zone District, Conditional Uses &
Structures Allowed
IV. Section 4.4.26(D), Light Industrial Zone District, Conditional Uses & Structures
Allowed
The complete list of text changes can be found on an attached sheet, the following is
brief summary of those changes.
Appendix "A" - Definitions
In order to properly regulate self-service storage facilities, it is necessary to create a
clear definition of this use. Because of their close association with warehouses (their
primary functions both being storage), and because many SSSFs refer to themselves
as "mini-warehouses", they are often confused with traditional warehouse type uses.
The use of the term "self-service storage facility" (SSSF), is the chosen industry
standard because it emphasizes self-service, the main aspect which separates them
from warehouses. Most municipalities which define self storage facilities refer to them
as such.
Providing a specific definition of what is a SSSF, will also help to eliminate any
ambiguity which currently exists in the code regarding the use.
Section 4.3.3 - Special Requirements for Specific Uses
Because of the unique nature of self-service storage facilities, the Board felt the current
code would not adequately address several areas of concern which they had with the
development of such a facility. In order to address these concems, Section 4.3.3 would
be modified to provide a new sub-section setting forth specific standards for the
development of self-service storage facilities.
The following is a brief summary of the proposed standards, and rationale for their
inclusion.
Lot Area
Although the need for SSSFs is evident, there was concern that the City could be
inundated with facilities. A minimum site size of two acres will guard against the
P&Z Memorandum Staff Report
LDR Amendment RE: Self-Service Storage Facilities
Page 3
proliferation of numerous small facilities, and also prevent the conversion of existing
small warehouses into SSSFs.
The maximum site size of five (5) acres will prevent the development of "mega"
facilities, which the board felt would not be an appropriate land use.
Facilities and Reo. uirements
This section, in part, addresses the Boards' concerns with the aesthetics of SSSFs.
Based upon the development history of self-service storage facilities, aesthetics was
apparently not always a concem. Examples of SSSFs which are nothing more than
rows of Iow fiat buildings with a repetitious arrangement of garage doom, completely
visible from the adjacent right-of-way, are not uncommon.
The objective of this function is take this negative aspect of a SSSFs, and internalize it,
thus eliminating unappealing "sight lines" commonly associated with these structures.
Most modern SSSFs are designed to be more appealing in this respect, but not always
to this degree. This higher standard will help to insure quality self storage
developments.
Parking
Again, because of the unique nature of SSSFs, the application of current parking
requirements is not practical. The current parking requirements for industrial areas with
respect to storage is 1 space per 1,000 square feet of floor area. A SSSF facility of up
to 50,000 square feet generates approximately 20 tdps per day (1997 Self Storage
Almanac), but would be required to provide 50 spaces. Thus the requirement 1 space
per 5,000 square feet of floor area is more applicable. This requirement can be
modified up or down during the site plan process.
Limitation of Uses
Historically this has been a problem with SSSFs. When unscrupulous managers allow
businesses such as auto repair or cabinet making to operate out of the storage bays,
problems such as noise, odor and parking are the result.
The situation can be further complicated when the zoning code does not formally
recognize SSSFs as a specific use, creating a "gray" area and making code
enforcement very difficult.
The purpose of this section is to emphasize that primary use is storage. It also cleady
defines what is, and what is not allowed to occur within a self-service storage facility,
and in so doing, eliminates any ambiguity.
P&Z Memorandum Staff Report
LDR Amendment RE: Self-Service Storage Facilities
Page 4
On-Site Manager Required
This requirement is based on the need to provide an on-site manager to help enforce
the regulations regarding the use of the bays for storage only.
Hours of Operation
This section addresses the concern of having 24 hour "all-night" access to facilities.
This can create security problems in industrial or warehouse type areas, which normally
do not operate during late night hours. In addition, there was concern that if a SSSF
was close to, but not necessarily adjacent with residential neighborhoods, vehicular
traffic in early or late hours could impact the character of these areas.
Landscape Requirements
This section again emphasizes the aesthetic concerns of SSSFs, by applying a
landscape requirement above and beyond those required by section 4.6.16.
.Outdoor Storage of Vehicles and Boats
This section allows the outdoor storage of vehicles and boats, if specifically addressed
in the site plan approval process. The Board felt this would a positive aspect of this
use, as would help alleviate the problem of outdoor storage of these items in residential
neighborhoods.
Truck Rental
This section allows the use of truck rentals (such as U-Haul and Ryder Trucks) to be
included within a SSSF as an ancillary use, subject to conditions regarding its location
within the facility. This use is included due to a recent trend to combine truck rentals
with self storage facilities. This arrangement will allow the use to be directed to an area
where it will not have a negative visual impact on adjacent uses.
Section 4.4.19(D), Mixed Industrial & Commercial Zone District, Conditional Uses
& Structures Allowed
and
Section 4.4.26(D), Light Industrial Zone District, Conditional Uses & Structures
Allowed
The changes to these two sections establish self-service storage facilities as
"Conditional Uses", in the Mixed industrial & Commercial (MIC) and the Light Industrial
(LI) zone districts. It is felt that the use is appropriate in the LI district because it is a
P&Z Memorandum Staff Report
LDR Amendment RE: Self-Service Storage Facilities
Page 5
clean, quiet use that will not be detrimental to wellfield zones or to adjacent
neighborhoods (which are proximate to the main LI zone on S.W. 10th Street.
It is also considered to be an appropriate use in the MIC district, which allows numerous
uses (including wholesale, storage & distribution) of varying degrees of intensity.
The use is not proposed for inclusion in the Industrial (I) zone district due to the limited
amount of industrial zoned land remaining in the City. The Industrial zone district is
reserved for more intense uses which cannot be accommodated elsewhere in the City.
One of the more negative aspects of SSSFs is that they use valuable industrial land,
but provide limited economic benefits to the community, especially with regard to job
creation. It is not inappropriate to limit their use as provided by this ordinance.
In addition, the Industrial districts are more remote from residential neighborhoods than
either the MIC or LI zones. As 70% of SSSF customers are typically residential as
opposed to business, it makes sense to direct them to the more convenient locations.
By motion, recommend that the City Commission approve amendments to the LDRs,
adding Section 4.3.3 (A), Self-Service Storage Facilities, and amending Sections
4.4.19, Mixed Industrial & Commercial (MIC), and Section 4.4.26, Light Industrial (LI),
and Appendix A - Definitions; as provided in the attachment.
Attachment:
· Proposed LDR Amendments
· Report from P&Z Workshop - June 9, 1997
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~ 1
SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF DECEMBER 2, 1997
ORDINANCE NO. 53-97 (AMENDMENTS TO NUISANCE ABATEMENT
ORDINANCE)
DATE: NOVEMBER 26, 1997
This is first reading for Ordinance No. 53-97 which amends Chapter
135, "Abatement of Nuisances", of the City Code. In sum, the
ordinance will empower the Nuisance Abatement Board with the full
powers authorized by state law, as follows:
(1) Orders of the Board may be recorded in the public records of
Palm Beach County and will constitute notice to subsequent
purchasers and successors of liens or other encumbrances on
the chain of title.
(2 Costs of prosecution may be assessed against an owner if the
City prevails in a prosecution before the Board.
(3 Fines may be assessed by the Board for failure to comply with
a Board order. Up to $250.00 per day may be set for first
time violations. $500.00 per day may be set for repeat
violations. Fines may not exceed a total of $5,000.00.
(4 Orders imposing fines may be recorded in the public records
and shall constitute a lien which shall run in favor of the
City. After three months, the Board may authorize the City
Attorney to initiate foreclosure proceedings upon the lien.
Such liens may not be foreclosed against "homestead"
property. Liens under this ordinance shall continue in force
for twenty (20) years from the date of recording.
(5) Pursuant to state law, the City will be allowed to use all
means available to enforce its ordinances (citations for code
violations, civil forfeiture, condemnation proceedings,
etc.).
Recommend approval of Ordinance No. 53-97 on first reading. If
passed, a public hearing will be scheduled for January 6, 1998.
ref: agmemol2 ~ ~ ~ /
ORDINANCE NO. 5 3- 9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135,
"ABATEMENT OF NUISANCES"; PROVIDING FOR THE
PAYMENT OF REASONABLE COSTS ASSOCIATED WITH
INVESTIGATIONS OF AND HEARINGS ON PUBLIC
NUISANCES; PROVIDING FOR PAYMENT OF REASONABLE
ATTORNEY FEES TO THE CITY ASSOCIATED WITH THE
SUCCESSFUL PROSECUTION OF A CASE BEFORE THE
NUISANCE ABATEMENT BOARD; PROVIDING FOR
CONTINUING JURISDICTION FOR A PERIOD OF ONE YEAR
OVER ANY PLACE OR PREMISE THAT HAS BEEN OR IS
DECLARED TO BE A PUBLIC NUISANCE; PROVIDING FOR
PENALTIES FOR PUBLIC NUISANCES, INCLUDING FINES
NOT TO EXCEED $250.00 PER DAY; PROVIDING FOR
PENALTIES INCLUDING FINES NOT TO EXCEED $500.00 PER
DAY FOR RECURRING PUBLIC NUISANCES; PROVIDING FOR
THE RECORDING OF ORDERS ON PUBLIC NUISANCES SO
THAT NOTICE MUST BE GIVEN TO SUBSEQUENT
PURCHASERS, SUCCESSORS IN INTEREST, OR ASSIGNS OF
THE REAL PROPERTY THAT IS THE SUBJECT OF THE
ORDER; PROVIDING THAT RECORDED ORDERS ON PUBLIC
NUISANCES MAY BECOME LIENS AGAINST THE REAL
PROPERTY THAT IS THE SUBJECT OF THE ORDER;
PROVIDING FOR THE FORECLOSURE OF PROPERTY
SUBJECT TO A LIEN AND THE RECOVERY OF ALL COSTS,
INCLUDING REASONABLE ATTORNEY FEES ASSOCIATED
WITH THE RECORDING OF ORDERS AND FORECLOSURES;
PROVIDING THAT NO LIEN CREATED PURSUANT TO THE
PROVISIONS OF THIS ORDINANCE MAY BE FORECLOSED
ON REAL PROPERTY WHICH IS A HOMESTEAD UNDER
SECTION 4, ARTICLE X OF THE FLORIDA STATE
CONSTITUTION; PROVIDING THAT THE TOTAL FINES
IMPOSED PURSUANT TO THE AUTHORITY OF THIS
ORDINANCE SHALL NOT EXCEED $5,000.00; PROVIDING
THAT NOTHING CONTAINED WITHIN THIS ORDINANCE
PROHIBITS THE CITY OF DELRAY BEACH FROM
PROCEEDING AGAINST A PUBLIC NUISANCE BY ANY
OTHER MEANS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a local
government to establish a nuisance abatement board to address the issues of prostitution and the sale
of controlled substances on properly within the local government's jurisdiction; and
WHEREAS, the Delray Beach City Commission adopted Chapter 135 "Abatement of
Nuisances" on January 12, 1997, which incorporated the provisions of Section 893.138 Fla. Stat. to
provide for the establishment of a nuisance abatement board.
WHEREAS, the Delray Beach City Commission recognizes the significant efforts of
the citizens of Delray Beach and the Delray Beach Police Department in working together to control
prostitution; the sale of controlled substances, and criminal street gang activity; and
WHEREAS, the State of Florida enacted amendments to Section 893.138, Fla. Stat.
to grant to local nuisance abatement boards additional powers of enforcement.
WHEREAS, the Delray Beach City Commission finds that in order to further protect
its citizens' health, safety and welfare, the Nuisance Abatement Board must be empowered with the
full range of authority granted to it under Section 893.138, Fla. Stat..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Title 13, "General Offenses", Chapter 135, "Abatement of
Nuisances", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
Section 135.40 CONDUCT OF HEARINGS.
(H) A certified copy of a Nuisance Abatement Board order may be recorded in the
public records of the County and shall constitute notice to any subsequent purchasers,
successors in interest or assigns if the violation concerns real property and the finding therein
shall be binding upon the violator and, if the violation concerns real property, any subsequent
purchasers, successors in interest or assigns. If an order is recorded in the public records of
Palm Beach County pursuant to this subsection and the order is complied with by the date
.specified in the order, the Nuisance Abatement Board shall issue an order acknowledging
compliance that shall be recorded in the public records. A hearing before the Nuisance
Abatement Board is not required to issue a Board order acknowledging compliance.
(I) If the City prevails in prosecuting a case before the Nuisance Abatement
Board, it shall be entitled to recover all costs incurred in investigating and prosecuting the
case before the board.
Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS.
(A) The Nuisance Abatement Board, upon notification by the City that an order of
the Board has not been complied with by the set time or, upon finding that a repeat violation
has been committed, may order the violator to pay a fine in an amount specified in this
section for each day the violation continues past the date set by the Nuisance Abatement
Board for compliance or in the case of a repeat violation, for each date a repeat violation
2 ORD. NO, 53-97
continues beginning with the date the repeat violation is found to have occurred by the City.
A fine imposed pursuant to this section shall not exceed $250.00 per day for the violation and
shall not exceed $500.00 per day for a repeat violation. The total fines imposed pursuant to
this section shall not exceed $5,000.00.
(B) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien against the property upon which the violation
exists. A lien arising from a fine imposed pursuant to this section runs in favor of the City
and the City may execute a satisfaction or release of lien entered pursuant to this section.
The City shall be entitled to collect all costs incurred in the recording of and filing of a
satisfaction of a valid lien. Upon petition to the circuit court, such order may be enforced in
the same manner as a court judgment by the sheriffs of this state, including levy_ against the
personal property, but shall not be deemed to be a court judgment expect for enforcement
purposes.
(C) After three months from the filing of any lien which remains unpaid, the
Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No
lien created pursuant to the provisions of this chapter may be foreclosed on real property
which is a "homestead" under Article X, Section 4 of the State Constitution.
Section 135.80 DURAT1ON OF LIEN.
No lien provided by this chapter or under the authority of F.S. Sections 162.01 et
seq., shall continue for a period longer than twenty (20) years after the certified copy of an
order imposing a fine has been recorded, unless within that time an action to foreclose on the
lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien,
the prevailing party is entitled to recover all costs, including reasonable attorney's fees, that it
incurs in foreclosure. The continuation of the lien effected by the commencement of the
action shall not be good against creditors or subsequent purchasers for valuable consideration
without notice, unless a notice of lis pendens is recorded.
Section 135.90 SUPPLEMENTAL PUBLIC NUISANCE.
(A) The provisions of this section are additional and supplemental means of
enforcing the City's ordinances and may be used for the enforcement of any noncriminal
ordinances, or for .the enforcement of all noncriminal ordinances. Nothing contained in this
section shall prohibit the City from enforcing its codes or ordinances by any other means.
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.
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Section 4. That this ordinance shall become effective ten (10) days from 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.
nuisance.doc docs ordinanc
rex'. 111897
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