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11-19-96 Regular · OElRAY BEACH , , IJ ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ All· America City NOVEMBER 19. 1996 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. '1111' COMMISSION CHAMBERS ~ : The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph 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 November 19, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of November 5, 1996 Special Meeting of November 12, 1996 6. Proclamations: A. Atlantic Avenue Beachside Re-opening Celebration 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/CORALINA VILLAGE: Approve the final plat for Coralina Village, a proposed 12 lot townhouse development. The subject property is located at the northwest corner of Seagate Drive and Bucida Road and contains 1.34 acres. B. ACCESS AGREEMENT FOR M&P CONCRETE PRODUCTS, INC. PROPERTY ON DAVIS ROAD: Approve an access agreement by and among M&P Concrete Products, Inc. , the Lake Worth Drainage District and the City for the purpose of access to M&P property on Davis Road. C. ADDENDUM TO CONCEPTUAL APPROVAL AGREEMENT WITH FLORIDA COMMUNITIES TRUST (FCT) FOR SANDOWAY HOUSE: Approve an addendum to the Conceptual Approval Agreement between FCT and the City and Palm Beach County, as FCT Recipient, extending the agreement until May 8, 1997. D. IN-LIEU OF PARKING FEE AGREEMENT/32 EAST RESTAURANT: Approve an agreement with Bright Horizons Investment Corp. for the paYment and terms of an in-lieu of parking fee for 32 East -2- Regular Commission Meeting November 19, 1996 Restaurant, located on the south side of Atlantic Avenue between Swinton Avenue and S.E. 1st Avenue. E. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of a funding subsidy in the amount of $14,983.90 under the Delray Beach Renaissance Program for property located on S.E. 3rd Avenue in the Osceola Park subdivision ($11,265.65 from HOME Account #118-1923-554-83.01 and $3,718.25 from SHIP Account #118-1924-554-83.01). F. AMENDMENT #1 TO DELRAY BEACH HOUSING RENAISSANCE PROGRAM MEMORANDUM OF UNDERSTANDING/POLICIES AND PROCEDURES: Approve Amendment #1 to the Memorandum of Understanding/Policies and Procedures governing the Renaissance Program to increase the maximum allowable subsidy award per household. G. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS/HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.): Approve a funding agreement with HOPE, Inc. for the appropriation of Community Development Block Grant funds pursuant to the Consolidated Action Plan previously approved by the City Commission. H. TEMPORARY USE PERMIT/NOMADS: Approve a request for a temporary use permit from the South County Community Food Pantry on behalf of the NOMADS to allow the group to park approximately five RV's at the Catherine Strong Center property from approximately January 3 through 23, 1997, and provide temporary services for water, sewer and electric. I. EXTENSION OF CLOSING DATE FOR PROPERTY AT 17 N.W. 5TH AVENUE: Approve a sixty (60) day extension to the closing date for the sale of property at 17 N. W. 5th Avenue from the City to the Community Redevelopment Agency. J. ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE TRACT liE II : Accept an easement deed for a 12 foot wide utility easement located wi thin Tract II Ell, Delray Park of Commerce, for the purpose of installing water and sewer main extensions to new construction in the subdivision. K. RESOLUTION NO. 81-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 802 S.W. 3rd Street. L. RESOLUTION NO. 82-96: Adopt a resolution assessing costs for abatement action required to board-up unsafe structures on property at 1030 Wallace Drive. M. RESOLUTION NO. 83-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on 18 properties throughout the City. -3- Regular Commission Meeting November 19, 1996 N. APPOINTMENT OF OUTSIDE COUNSEL/YOUNGINGER V. CITY OF DELRAY BEACH AND OFFICER JACOBSON: Approve the appointment of outside counsel as recommended by the City Attorney. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 4 through November 15, 1996. P. SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY, COUNTY AND CRA REGARDING COURTHOUSE PROPERTY: Approve the Second Amendment to the Interlocal Agreement between Palm Beach County, the City and the Community Redevelopment Agency concerning the future expansion of the South County Courthouse facilities, subject to the City Manager's review. Q. AWARD OF BIDS AND CONTRACTS: 1. Bid award via Palm Beach County co-op bid to various vendors for chemicals and fertilizers, in the estimated annual amount of $126,339.61 from 445-4714-572-52.26. 2. Purchase award via Florida Sheriff's Association Cooperative Bid for the purchase of three new vehicles for the Police Department/Marked Patrol Division from Dan Reid Ford, Inc. in the amount of $68,103.00, with funding from 001-2119-521-64.20. 9. Regular Agenda: A. BONUS PAYMENT TO BJCE , INC. AND CONTRACT AMENDMENT: Consider approval of a bonus paYment in the amount of $10,000 to BJCE, Inc. for FY 95/96, and approval of an amendment to the Golf Course Management Agreement dated November 1, 1994, to revise Exhibit "BII, Performance Bonus, for FY 96/97. Funding is from #445-4711-572-31.90. B. TENNIS TOURNAMENT AGREEMENTS/UNITED STATES TENNIS ASSOCIATION: Consider approval of three agreements with the United States Tennis Association for tournaments at the municipal tennis center in 1997, as follows: 1. Women's Satellite Tournament - January 5-11, 1997 2. Women's Satellite Tournament - January 12-18, 1997 3. Men's Challenger Series Tournament - September 20-28, 1997 C. BID AWARD FOR STAGE EXPANSION AT TENNIS CENTER: Consider approval of a bid award in the amount of $24,000 to Southern Bleacher Construction Company, as sole source provider, for a 20 ft. x 40 ft. stage expansion to the existing stage at the tennis center, with funding from 334-4145-572-63.43. -4- Regular Commission Meeting November 19, 1996 D. AMENDMENT #2 TO SOLID WASTE AND RECYCLING COLLECTION AGREEMENT WITH BFI: Consider an amendment to the contract with Browning-Ferris Industries of Florida, Inc. to modify the type of service and rate structure for the Country Manors, Imperial Villas and High Point subdivisions, and to clarify that all rolloff compactors serving multi-family units are covered under the agreement. E. ALLOCATION OF CITY GRANT FUNDS TO CHARITABLE AND BENEVOLENT ORGANIZATIONS FOR FY 1996/97: Consider approval of the recommended funding allocations to benevolent and charitable organizations from the Miscellaneous Grant account and special event funding from the City Commission account. F. AGREEMENT WITH DELRAY BEACH HOUSING AUTHORITY: Consider approval of an agreement between the City and the Delray Beach Housing Authority for administrative and management services. G. ISSUES FORUM REPRESENTATION/APPOINTMENT OF ALTERNATE: Appoint an alternate representative to the Intergovernmental Coordination Program's Issues Forum. 10. Public Hearings: A. ORDINANCE NO. 51-96: QUASI-JUDICIAL HEARING An ordinance adopting Comprehensive Plan Amendment 96-1A related to the North Federal Highway redevelopment area. The amendment includes: 1. Future Land Use Element text amendment to change the description of the General Commercial land use category to allow for limited light industrial uses within the geographic area bounded on the west by Dixie Highway, on the east by North Federal Highway, between Lake Avenue (N .E. 14th Street) and the north City limits. 2. Future Land Use Element text amendment to clarify the description of the North Federal Highway corridor. B. ORDINANCE NO. 53-96 (SECOND READING AND SECOND PUBLIC HEARING) : An ordinance amending LDR Section 4.4.9, II General Commercial (GC) District", and Article 4.5, "Overlay and Environmental Management Districts", to provide for the North Federal Highway Overlay District, allowing for certain light industrial uses. C. ORDINANCE NO. 48-96: An ordinance rezoning a parcel of land from GC (General Commercial) to CF (Community Facilities) for Greater Mount Olive Missionary Baptist Church. The subject property is located on the east side of N.W. 5th Avenue, between Atlantic Avenue and N.W. 1st Street. QUASI-JUDICIAL HEARING D. ORDINANCE NO. 49-96: An ordinance annexing a 5.32 acre parcel of land known as the Rosacker property, located on the west side of Gallagher Road at the end of Brady Boulevard; -5- Regular Commission Meeting November 19, 1996 establishing initial zoning of CF (Community Facilities) District, and providing for a Small Scale Future Land Use Map amendment from County MR-5 (Medium Density Residential 1-5 units per acre) to City Low Density Residential 0-5 units per acre. QUASI-JUDICIAL HEARING E. ORDINANCE NO. 55-96: An ordinance amending Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", of the City Code to add and delete definitions; to provide that Spanish Wells condominium shall receive rear door/side door service; to provide that Country Manors, Imperial Villas and High Point subdivisions shall have curbside disposable bag service with vegetative and bulk trash pickup; clarifying that vegetative waste may not be placed in roll-out carts; clarifying the use of mechanical containers, the disbursement of recycling containers, and lawn maintenance and landscaping companies disposal sites; stating the times permitted for placing garbage receptacles at curbside; clarifying that roll-off compactor units and containers that service residential or multi-family units are included under the franchise agreement. F. ORDINANCE NO. 50-96: An ordinance amending LDR Section 4.5.1, "Historic Preservation Sites and Districts", by enacting a new subsection 4.5.1 (M) , II Tax Exemption for Historic Propertiesll, to allow for a tax exemption for certain improvements. 11. Comments and Inquiries on Non-Agenda Items from the Pub1ic- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 56-96: An ordinance changing the Future Land Use Map (FLUM) designation from Community Facilities - Recreation to Commercial Core (small scale amendment) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a parcel of land located at the northwest corner of S.E. 1st Street and 3rd Avenue. If passed, a quasi-judicial/public hearing will be held December 3, 1996. B. ORDINANCE NO. 57-96: An ordinance designating The Sandoway House, located at 142 South Ocean Boulevard, as a local historic site. If passed, public hearing December 3, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- . . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 19, 1996 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: ADD ITEM 8.R. TO THE CONSENT AGENDA SETTLEMENT OFFER/LORRAINE BONDS V. CITY OF DELRAY BEACH: Approve a settlement offer in the referenced matter as recommended by the City Attorney. , (' j./ L r\ C7~/1 WHEREAS, from the Intracoastal Waterway to AlA, Atlantic Avenue has undergone a transformation; and WHEREAS, a celebration commemorating the re-opening of Atlantic Avenue Beachside is scheduled for Friday, Saturday and Sunday, November 22, 23, and 24, 1996, to reacquaint the public with some of Delray's finest shoppes, restaurants, galleries and merchants; and WHEREAS, this planned celebration is scheduled to be a Showcase Event including free wine and dessert tasting, live entertainment, BBQ, Atlantic High School Band and Eagle-ettes; and WHEREAS, other activities include a treasure hunt, pet adoptions, WDBF live remote, special in-store promotions along with early holiday shopping and savings. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby invite the public to come out for the ribbon cutting ceremony during the Atlantic Avenue Beachside Re-opening Celebration scheduled for 10:30 a.m. on Saturday, November 23, 1996, and enjoy a weekend full of fun and entertainment. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of November, 1996. MAYOR JAY ALPERIN SEAL 6. II. · . MEMORANDUM TO: Allison MacGregor-Harty, City Clerk FROM: Nancy King, Staff AssistantlPublications Edit~,{L. SUBJECT: Proclamation re: Atlantic A venue Re-Opening DATE: November 4, 1996 My office received a request from Joint Venture for a Proclamation commemorating the re-opening celebration of Atlantic Avenue Beachside. Please arrange for a Proclamation to be prepared for the November 19, 1996 meeting. Attached is background information on the planned celebration. The contact person at Joint Venture is Beth Miller. Thank you for your cooperation. ce. David T. Harden, City Manager RECEIVED II (5/9b CITY CLERK 7ójLJ~ r~ GeJ llt!lU!lf¡ 8uuJ I F~, ~ 22 & ~,~23 Let us r~acquaint the public with Defray's finest shoppes, restaurants and businesses from the intracoastal to AlA. ~~Ribbon Cutting With City Officials ~~ Free wine & Dessert Tasting ~~ Live Entertainment ~~ BBa -J~ Marching Bands ~~ Treasure Hunt -J~ Live Radio Remote ~~ Instore Promotions ~~ Orchids & Glads ~~ Informal Modeling ~~ Free Gift Wrap ~~ Pet Adoptions ~~ Full Media Coverage Please attend our meeting on Wednesday, November 6th at 5:30 p.m. hosted by Nina Raynor. Bring your ideas, thoughts & enthusiasm. For further information, please call Susan Mustachi at Mark, Fore & Strike (561) 278-2801. 0 ~, r- CD - ::0> CD Z ~~ÞCcca- __Q.OOCDD1 0 mZ mmCD~~-.... < 1-1 ..,a::;'ii"::;,~D1o 0- CD -- C!: ::T ... 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The subject plat consists of 12 Townhouse lots and was previously approved by the Planning and Zoning Board at the October 21, 1996, Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the November 19, 1996, Commission meeting for Commission approval. CDB/gm attachment cc: T AC-CORALINA VILLAGE Paul Dorling, Principle Planner file: s/eng/eng/tac/carolina/fnlpltsb.doc gA, ~ Agenda Item No. AGENDA REOUEST Date: November 14, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When:November 19, 1996 Description of item (who, what, where, how much) : Approval of final subdivision plat for Coralina Village. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~ Recommendation: vi 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: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CDB/grn File: tac-Coralina Village agll19.doc -ItIj PARK BARR LffiD~CJtrj CAMINO REAL I Q: :j TERRACE b! HOLIDA Y INN I ~SARAH 1] CONDO I V GLEASON Y PARK A V E N U E ~ IJ WA TERWA YEAST rT [11 IT 1T . I -: C~Mm~L ~ ~~ CONDO == t--- - - 'rt MUNICIPAL ~ ~ ~æ -I < <:( - - j ...J S ~ -----i Il. 0::: ~ ã ----i Q ST. LLJ l f f- r mn~ W MA \ \ rL ~; <I -J ~ < OCEAN PLACE ~ ~ YACHT ~ CONDO 0 ~ BASIN SANDOWA Y QJ ~ ~~ U - f--- I COCONUT ROW ~ ~) INGRAHAM PARK'G LOT I ~ n < I OCEAN TERR. I ~ : SEAGAÆ ~-~o I----- LLJ TOWERS NASSAlu ST. :;: ~8EEE fIIllIIB1 ST. ~ŒEBAY I STREET I -1 YACHT BASIN LANIKAI 0 <:{ VlUAS CONDO - f- LANGER WAY f- ~ AN~ Z <:{ PARK <:{ o ~ ~ST' ~ EBc ~~:::::::::. '::::::::: t{UAU~ : 0::: ~ :;:::::::::::;::;: :::;:::~:?: f- ~....,..... ..... .......... .... .......... ... Z RD. - ~ / /¡; ¡SITE RD. I ~. I ~ CORALlNA VILLAGE PLAT ENGINEERING DI\¡1S1ON L 0 CAT ION MAP CllY OF DElRAY æACH, FL -- DIGITAL BASE MAP SYSTEM -- C:\ DWG\ DANLDCATDWG " r~J J I · I I î i ( U I uiJ I ' e 8 j r- I I i II I~ ij I .. f §I I d ~ ulaij¡a!;i ä · ' ~ I ! : ;;1 ~ ~ ~ !-If I ~ I I '.. I I . ~!'I!~I Ji ! ~ ~ I ¡11'ig¡ill !II "I bl rJ!ehl i§~ ~ II 4 a~ 1=. ~ i 61 ~ i~:~'¡ II ~. i.~II:!;' ~I ~ II;e;IR iä ! 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I~ I o tJ).. ~ a... ~ :H: .~ ~ g:] Z '"'" Œ U ~ 2 ~ t(j( ifj I ~ ~ ~ I = ~z~m I ;§ d2:2~>- . ~ I ~ 0 ...... <!) ~ ~ I <J I . mu~o: I ~::Jww-' Ii) ..- (J')cn(l)W , N I I ~ Oww C u CD ~. ' , bf 'ø I ~~<C{u.. .1 I- R...J' U~~c=-° ~ 1 0 g .#~ C>u)=o I I ---I w z ~<!o- ::¡ I wG::...... ~ 1 (l)c=-U z c "-i t z ~ ~ L_~ I ~ .OO'ç¡:1 -'00. .oc:N I ! 8 ... ::! ;,; c:! -- - ~- m . - - -- o:! I I~ I~ IN V 7 V.l17V¿¡O.:J I ~ æ Ii ~ .. ~ - ~ .~ ~I:f I ~ ~~ CD + ~~ .~ g: ~·~r~ o =f0;"¡ .~ It ::!~ ~ s::¡ I ::¡ - po. '") e: . · I II Ii · ,.. Ino . ~ z - . I -:I E¡ ~ In ... ~ -.. I- lif :i. i I ... . 0/\ " ~l £ITY DF DELRAY BEACH CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F l 0 . IDA ...... AI~America City MEMORANDUM , ~ III! DATE: November 8, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Access Agreement to M & P Products, Inc. Property Located North of the Tate Property on Davis Road Mr. Travis of M & P Products, Inc. has offered to voluntarily dismiss with prejudice a lawsuit filed on November 8, 1996 against the City upon execution- of the attached agreement. The agreement provides for access to his property on a temporary basis until a resolution of the Tate lawsuit. It further provides that if the City and/or Lake Worth Drainage District has ultimate ownership of Davis Road as fmally determined by the court, after appeals, if any, then the City will vacate a portion of Davis Road to assure access to the M & P Property. Our office recommends that the Commission approve the Access Agreement. By copy of this memorandum to David Harden, City Manager, our office requests that be placed on as a special meeting agenda item for November 12, 1996. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk access 1. sar fJosl-ponEIJ -1-0 11/19/9' .5-0 on 11/1:>./9" On 11//9/9' J e/Ít.¡ 1J1kÞ7&¡ RemctJE¿) 11.8. km ~9G/)()¡:¡· ® Printed on Recycled Paper k' G /-'~/l L, [ITY DF DELIA' BEA[H CITY ATTORNEY'S OFFICE i'; 'J\. i~, t . DLLRAY BEACH, FLORiDA 3j~,¡; ¡ iLL Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR I D A b.ed AII·America City MEMORANDUM 'IIII! DATE November 12, 1996 1993 TO: City Commission ()~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Conceptual Approval Aireement with FCT on Sandoway House On April 5, 1996, the Commission approved the Conceptual Approval Agreement between the City, Palm Beach County and Florida Communities Trust. That Agreement provided that reimbursement of the funds to the City and County would be completed by November 8, 1996. An extension was requested and granted by FCT until May 8, 1997, in order to complete the reimbursement process. By copy of this memorandum to David Harden, City Manager, our office requests that the Addendum I to the Conceptual Approval Agreement be placed on the November 19, 1996 City Commission agenda for approval. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk fctcom.11r gc.- ® Pri''lled nT' fi{"'"'Y"!I':i P"H',-'r .. I ' ~ _._, . ,. l._, '" ,_ . ,1.'_'- ~ .: .._;.,-" .. "-_.. - > ..- ..~--.- ....- "-.,.. CONTRACT # FLORIDA CO:M:MUNITIES TRUST P56 AWARD #95-007-P56 ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM I to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF DELRA Y and PALM BEACH COUNTY (FCT Recipientll), this _ day of , 199_. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expires November 8, 1996; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 30fthe Conceptual Approval Agreement and in compliance with Rule 9K-4.01O(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the November 8, 1996, deadline; , WHEREAS, GENERAL CONDITIONS paragraph .14 of the Conceptual Approval - Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.;· NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: l 1. Notwithstanding the language of Section 1. GENERAL CONDITIONS, paragraph 3. and paragraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 3. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before November 8, 1996. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until May 8, 1997. ADDI\95-007-P56 10-30-96 1 - . . _u.._·.... __,~__,._._.. ~ ..,--.. -~-_... ---------,~~-~_.__._~ '-.__......__..:-.~_...'~..,...__"' to ...~__:-<»-._~.,.............__...~_.-...-":... ..._.................._,,;.~,,_.-~..............,""_._"''''.,.._.,.............~ - , 4. The date of execution of this addendum shall be the date that the last party signs this addendum. TIllS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", liB", and "c" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM I TO CONCEPTUAL APPRO V AL AGREEMENT. PALM BEACH COUNTY CITY OF DELRA Y By: By: Title: Title: Date: Date: Accepted as to Form and Legal Accepted as to Form and Legal Sufficiency: Sufficiency: Date: Date: FLORIDA COMMUNITIES TRUST By: James F. Murley, Chair Date: Accepted as to Form and Legal Sufficiency: Ann 1. Wild, Trust Counsel Date: ADDI\95-007-P56 10-30-96 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # S'D - MEETING OF NOVEMBER 19, 1996 ACCEPT PAYMENT OF FEE IN-LIEU OF FOUR REQUIRED PARKING SPACES/32 EAST RESTAURANT DATE: NOVEMBER 15, 1996 This is before the Commission to accept payment of a $24,000 fee, in-lieu of providing four required parking spaces for the proposed 32 East Restaurant (initially referred to as the Avenue Bar and Grille) , to be located on the south side of Atlantic Avenue between Swinton Avenue and S.E. 1st Avenue. Based on the parking requirements, the development proposal required the installation of six parking spaces; however, only two could be accommodated on-site. Pursuant to Land Development Regulations Section 4.6.9(E) (3) developments in the Central Business District may, with Commission approval, pay a fee of $6,000 per space in-lieu of required parking. One of the conditions of site plan approval was that prior to issuance of a Certificate of Occupancy, an in-lieu fee payment agreement of $24,000 for four required parking spaces be approved by the Commission. The subject property is in a location where public parking lS readily available, on Atlantic Avenue, and in the blocks to the east and west. Given the limited parking requirements of the subject site and the availability of nearby public parking, use of the in-lieu fee is appropriate. The applicant has submitted the in-lieu payment agreement, to be paid in ten payments over a nine year period. The City Attorney's office has reviewed the agreement and approved it as to legal form and sufficiency. Recommend approval and acceptance of payment of $24,000 in-lieu of four required parking spaces for 32 East Restaurant. Ox/ t:'rt- ì liiii;:::ij; I;;; 11;11: . . . /. . ·i···.. ,:." .'. Y.¡: ,,' .:: i r:c, 'i': '<,: :~,.' ~ C:< i'i, :¡i,,'" <I mm m øt1l!11..1II__ &ØUIH_III . . . ii:':!::i:i' : :., . :.:::::..... ".::::....: :.:..,.:-. .:': :....: .:::'..:".::-:::::::':":. .,:.::..·:::··:::::t::: ·==::i.::::·· :'.....;..: ::::/:i:;.:'\ :':::;.':<::: :-:: :.'. ::::=:::<:.:.::. :'" :':.:': ':::':.: .:...... :. ':'. ........... .......................... ... ....... ., .... .. ... . .. ........... ......................... .. ,'........ .... ..... . .... . ........... .......................... . . ... ... ...... '" ..... ...... . . ... ~~...~... .............~.... ... . . ................ ..... . .... ..... ...... . "... ... . .... TO: THRU: FROM: A. COSTEllO PLANNER SUBJECT: MEETING OF NOVEMBER 19,1996 ***CONSENT AGENDA*** APPROVAL OF AN IN-LIEU PARKING FEE PAYMENT AGREEMENT FOR 32 EAST RESTAURANT. 1·::·,..·:·;:·::·.:···.:":::::II,I'=II::::llllllml:I:::II~:.:I:::IIII'=II'=IR:::::::::::::::::::::::::::::::::::::::::-::::::~:::::,:::::::.:~:::::::::::::,.::.:::::.:" The action requested of the City Commission is that of approval of an in-lieu parking fee payment agreement for 32 East, pursuant to LDR Section 4.6.9(E)(3). The subject property is located on the south side of East Atlantic Avenue, between Swinton Avenue and S.E. 1st Avenue, within the Old School Square Historic Arts District (OSSHAD) zone district. I"" .."".... ""...... ""i......"""" ..,......"" 'r ..:....."".. c....··..""....·..·.. '''ì¡:i:Î¡:¡j¡ 1"" ¡ ":"1::": tI1[¡:I¡r·r:·..········· ,......... ............. ,................................. ",oi"l .::::::::::::::::::::.::::::::::':::::::::;::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::;::::::;::::::1111111111::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1:::::::::::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::,::::::::::::::::::::: On June 19, 1996, the Historic Preservation Board (HPB) approved a major site plan modification for Avenue Bar and Grille, a proposed restaurant and lounge to be located at 32 East Atlantic Avenue (former Polly Noe Building), with conditions. The development proposal was to construct a 2,065 sq.ft. building addition along with the installation of 2 parking spaces (1 handicap accessible space and 1 standard space) and a dumpster enclosure to the rear of the building, adjacent to the alley. Based upon the parking requirements, the development proposal required the installation of 6 parking spaces, however only 2 could be accommodated on-site. One of the conditions of site plan approval was that prior to issuance of a Certificate of Occupancy, an in-lieu fee payment agreement of $24,000 for 4 required parking spaces be approved by the City City Commission Documentation Meeting of November 19, 1996 32 East Restaurant - In-Lieu Fee Payment Agreement Approval Page 2 Commission. The proposed restaurant name has since been changed to 32 East. I:.··,,::·::·::'::·::::.::::::::::::::':·::::':::::::::::::::.:::::::::::::::::::::::::::;:::::::::::::::::::::::::IIIUtMljl:::::::::::::':::::::::::::¡::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::;:::¡::::::::::::::::::::::::::::::::::.::::::::.:::::::::::':::::::::·~:"::::::::::::I ....... .......................................................................................................................................................................................................................................................... Pursuant to LOR Section 4.6.9(E)(3), if it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of an in-lieu fee. Payment of the in-lieu fee can be made in 10 payments over a nine year period. The in-lieu fee option is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) zoning districts. Due to site constraints and the location of the building, the in-lieu fee option was requested for four required parking spaces for a total of $24,000 ($6,000 per parking space x 4 required parking spaces = $24,000). The applicant has submitted an in-lieu payment agreement for the $24,000 to the City. The fee is to be paid in 10 payments over a nine year period. The City Attorney's office has reviewed the agreement and approved it as to legal form and sufficiency. 1.·::::::·::::;::::·:·.::-::::·:·:·:,·:·:;::·::::::::,::::::::.:::::.::::·::·::::::::::::::.::::::::&!III&II1:::11118:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'::.:::::::::::::::::,::::::::,:,::,::·::::·:::,::::,:.:1 By motion, approve the in-lieu fee payment agreement of $24,000 for 32 East. Attachment: . Installment Agreement IN-LIEU OF PARKING FEE AGREEMENT This agreement (the "Agreement") is made as of the _day of .1996, by and between THE CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (the "~"), and BRIGHT HORIZONS INVESTMENT CORP., a Florida corporation ( "Bright Horizons"). BACKGROUND: I Bright Horizons is the owner of certain real property located at 32 East Atlantic Avenue, Delray Beach, Florida ( the "Property" ). n Bright Horizons has applied to the City for approval to construct a commercial building on the Property. m As a condition to approval of construction of the building on the property, Bright Horizons must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9 (E) (3) of the Land Development Regulations further provides that the City Commission may approve the payment ofa fee to the City in-lieu of providing required parking. IV Bright Horizons has requested that the City Commission approve the payment of a fee to the City in lieu of providing four (4) of the required parking spaces for the development of the Property and the City Commission has approved this request. V Section 4.6.9 (E) (3) of the Land Development Regulations further provides that the in-lieu of parking fee shall be $6,000.00 per parking space and may be paid in installments. VI Bright Horizons has elected to pay the in-lieu of parking fee in installments pursuant to Section 4.6.9 (E) (3) (d) of the Land Development Regulations. VII The parties desire to enter into this Agreement in Order to confirm the terms on which the in-lieu of parking fee shall be paid by Bright Horizons to the City. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1 Incorporation of Recitals. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2 In-Lieu Parking. The City hereby confinns that, pursuant to Section 4.6.9 (E) (3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing four (4) of the required number of parking spaces for the development of the Property. 3 In-Lieu of Parking Fee. Bright Horizons shall pay to the City a total in-lieu of parking fee of $24,000.00 ($6,000.00 per parking space). The total fee shall be paid as follows: (a.) ($2,400.00 by check delivered to the City upon execution of this Agreement by the City. (b.)Three (3) payments of $2,400.00 each to be due on the first, second, and third anniversary of the date on which this Agreement is executed on behalf of the City. (c.) Six (6) payments of principal and interest at the rate of five (5%) percent per annum, simple interest, in the amount of $2,844.80 each, to be due on the fourth, fifth, sixth, seventh, eighth, and ninth anniversaries of the date on which this Agreement is executed on behalf of the City. (d.) Each payment shall be made to : Finance Department City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 4 Default. In the event Bright Horizons fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Bright Horizons at 5030 Champion Blvd., Suite 232, Boca Raton, FL 33496, or at such other address as may be designated by Bright Horizons by written notice to the City, requesting the past due payment to be made no later than thirty (30) days from the date the notice is received. Failure of Bright Horizons to remit payment within this thirty (30) day period shall be deemed a breach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 5 Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 6 Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7 Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. WITNESSES: CITY OF DELRA Y BEACH, FLORIDA By: Acting City Clerk Mayor Approved as to fonn and legal sufficiency: Date Executed: t~ BRIGHT HORIZONS INVESTMENT CORP. Florida coIporation (Prmt or e name) B -ff6~t2(j( - Date executed: 1/ /I~ /tjþ ( , ...Jep'þ-te'1 A. 6,1~(;:) (print or type name) , . STATE OF SlOt\,k COUNTYOFtCtI~ 0cA NV t/I The foregoing inst ~;; day oC . 1996 by . as I- . of BRIGHT HORIZONS STMENTS CORP., a Florida coIporation, on behalf of the coIporation. He/She is personálly known to me or has produced FL \)fZ. LA c..- as identification and who did (did not) take an oath. ~ . lÆ~# eJrLulUYL NOTARY PUBLIC ~ ~..t.y 'ÌI«<t. KRISTIN WIOD£:tf ""'ô *JiI* My co...-aW- i_ EJ&pIf" s.p. 06. ,); ~~ Typed or Printed Name of Notary If", Off\.\! My commission expires: Serial No., if any: · {' /, L" fc/ì I ...; '" L. Memorandum To: David Harden, City Manager From: Lula But1",_ Community Improvement Director ¡þ Date: November 11, 1996 Subject: Renaissance Program Subsidy Recipients ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to one eligible applicants under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October I, 1995 through September 30, 1997. The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and infonnation on fmancial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate tenns. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following property: *Lot II, Block 7, Osceola Park / $14,983.90 8.£. · Agenda Item No.: 8£ AGENDA REQUEST Request to be placed on: Date: November 8,1996 Regular Agenda Special Agenda -19 -- Workshop Agenda xx Consent Agenda When: November ~, 1996 .Description of item (who, what, where, how much): Authorization and approval to issue subsidy to an eligible applicant under the Delrav Beach Renaissance Program totaling $14,983.90 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached:- YES/NO Recommendation: Funds are to be awarded from HOME Investment Partnership Program and State Housing Initiatives Partnership Program (SHIP) dollars. HOME total $11,265.65 Account #118-1923-554-83.01 SHIP total $3,718.25 Account #118-1924-554-83.01 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: * ~-- City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Ð tJ/l\Jl Approved for agenda: E /NO Hold Until: - -- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 60.05 NAME Carlos and Amalia Orr~go RPERTY ADDRESS XXX S.E. 3rd Avenue, Delray Beach LEGAL DESCRPTION Osceola Park . Lot 11 Block 7 Plat Book 3. Page 2 % OF AREA MEDIAN HOUSEHOLD INCOME 75 # IN HOUSEHOLD i COST OF HOUSE $78.921 COST OF LOT $10.000 CLOSING COSTS $5.201.90 TOTAL TRANSACTION $94.122.90 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 65.000 CFC Bank RATE 8.00% LTV 70.79% SECOND MORTGAGE $ 11,265.65 City of Del ray. HOME $ 3.718.25 City of Del ray, SHIP $ CRA of Del ray $ Housing Authority THIRD MORTGAGE $ 4,000 Federal Home Loan Bank GRANT $ HTF"AIt CITY PERMIT FEES W A VIED $ 1,127 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $8207.00 TOTAL TRANSACTION $94.122.90 ,M .1.- "oJ ~ 9-1-5.. 1~;f.~ i .;{7.ié - , IS 9-1-4 ~ - ..... CC ~~ ~~ .. ~ - 8J.g .; - - .. " ~ II q"3- I L· .. ., ~ .-, g21{ SfR£E:I' ~ ti-I f:::. -, '" ,~ 9-1-& 81 ~o ~'. '\' !I~ \' , " ,,79 41P ...", 'JL ~ '3 ... ~ j, . " If}, _ ,~ ~ 7 I ~ I~ : ~ :~ ß ll. !Q. ~, -~ ~ (,,, Ir 0: - / ' . ""',. " , /... ~ 4 Î) ~ .. . . , I-I 0:. .. e - ß - to SO 7; ,1:'0 . - ". ~& I 'iJ .. .7 7AC ~ !1-: 20 ¡1 ,,~ J~ 37:>- ~ 2§, en . ~ ~ " ~ / / \, 7.1 e ~ II) .. " r: ... "Q< ,00 'ID 11~ 4t. ~ at%. I~ (;~ ~ S.1V¿££7' 1:<- /-- I ,2>l- j .¡1..7 ;.... c. /'31- ., ., - IP. t., '" Ie....... t/ ~ II" '?Þ/ , 37- :-,tzo c ;- , 3~ " F ~ ð ", 2.- .'~"'- ~..,.; £L ~ /' ' ;:......5 S .0- 3"\ 3).- ./ }- - ~'l. .\; 1~ r- :'4 3!1 1<2.- / ~ :/ 1 '.' 1 ~1 . ;;J ~ 1 ft"' 41.\ .U , ~ It :. - ¡.; , /í~ 3.1 4\.2 - 24- , ß 6 . ,./, " "31 --- -,..:. / ~ / ,. ~ ~ .. .1- .3ß- / -; c:. Q~ - ¡c. - \) /' ,. - -c )&1 2E.2 .- !J, 8.' , 1'2 :: 44 ~ ~- 26.1 :/ ; ~ ",- 15.11(, 0 ...2c..:.l.._ " !'-: 81- ~ J.~ -..L. 1..' t I~D " .~~-1 æ 13~ . '.; '32- Í7Í ,"t"" Q£. 7Tn -SlJ?£, ;...T ~ ' It,. , ,,~ I 'Z 2- ;32.- ~ I~~,"!>~ 'l..l l 35.1 . ~ .!!i. " '" flþ. ,... è ~ ? - 1./ 2 , r ~ 3~ 16 '- ;:; 31 - 1(, '7 " l :2 /Q -- :; "/ - / I 8 ,~ ,. : ~ ..=L : ~ 1 -,) b '.. tJt1. r .. rz .. ~ . ~ "- y :~ ~ 21U·1. ~Jj.) .... _7.20dC 2..~ ~ " 14.' ..9 ~ z I ~ ~ 31 I~ ~ ~ i) ,.. - ~ 1. . .....- ;/ ~ ,~ I~\ .::: :'I :,.. 24~\ t'i'\ . , L I it " 3° ~ ~ -, -, . ;/ / .2.9., ,\ II' ''S: '. , :-- ;,- ..:;:¡ "j, .~. ~ "" , - ~ 1 ~ ! 1 :..1..~ - \) \' ,9- 9.1 . ,~ I - ....' -z..-::tC ; I Z- i..'\ I~,.L.. ~~ . ,.-- ..... í ... .: ß'rr-{ 3rR.. FF",: , L ~' 1.' 'If '1' +- (,f, '3 :.. /5'- ~' 1:1 ~ 1';':'~· :; ;- ~1. 3;.1 . ;. 1&/ !" ~ '" '='- -2Z: Q) Ð S :¡.. ~ ~ !. -/ '/ ~ 9-1- 2 \", ....-- ;.- .; ~ i/.j ,. ~ \-.. l' - ~ ~r4 ...... 9-1-20 ~ 51 / ~ I'V ~ , " , 32... oJ ~ t5 :3.1 ' ...1: - " '53 7" ., ~ 2/ ,~. 7. I.': ~ /' ..... 'j \~V ~'~:: - .:¡ ~ 13) ( ~5 9--2!:~ / O,¡ - .:. .:j I' ~f " 16'" :. 'f/ .... y ~ I"·) ~2 " .;;/ ~~. --r- \9 ..:-:> :- I Iq... "'. Q 7- ~~ /' " ~ >-.. ~ I ¡ LV ~" 5-1- 27 ( c, _ I -;'t '" ~c"c.. ,~ I~ - ~ t'5r:.J ~) ; LP oS> '" -º- I ~ 1~~ __Of' . I C' '2~/ /'~ · D/{ l~1 M E M 0 RA N D U M DATE: November 13, 1996 TO: David Harden, City Manager . FROM: Lula C. Butler, Director, Community Improvemen~ RE: Amendment #1. Delray Beach Renaissance Memorandum of Understanding/Policies and Procedures ITEM BEFORE THE COMMISSION: City Commission approval of Amendment #1 to the Memorandum of Understanding/Policies and Procedures governing the Delray Beach Renaissance Program. The action amends Section IV A, 2(a) of the Program Description, Exhibit C to the Memorandum of Understanding, increasing the maximum subsidy award to $25,000 per household. BACKGROUND: City Commission approved the Memorandum of Understanding and the Policies and Procedures for the affordable housing program at the regular meeting of January 23, 1996. The Renaissance Program provides for a coordinated approach to the delivery of affordable housing between the City, CRA, TED Center, Delray Community Development Corporation, Delray Beach Housing Authority and the Community Finance Consortium for a two-year period ending September 30, 1997. The partnership has determined that it is necessary to amend Section IV of the agreement which governs maximum subsidy award to eligible households. We are requesting approval to increase the subsidy awards from $20,000 to $25,000 per household because of the impact to the cost of construction from new requirements under the building code. The requirement to meet the hurricane impact standards in addition to the fluctuation of interest rates are beginning to require additional subsidy amounts for the very low and low income households. RECOMMENDATION: Staff is recommending approval of the amendment to the Delray Beach Renaissance Agreement Policies and Procedures pursuant to this request. LB:DQ Attachments Ren2.lb 8. ç. Date: November 12, 1996 Agenda Item No. 'ð. P. AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent - When: November 19.1996 Description of Agenda Item: Request to amend the Delray Beach Renaissance Memorandum of Understanding/ Policies and Procedures to increase maximum subsidy award from $20,000 to $25,000 per household. Ordinance/Resolution Required: yes@; Draft Attached: Yes / No Recommendation: Approval Department Head ~~ - Signature: City Attorney Review/Recommendation (if applicable) Of( D~l \ Budget Director Review (required on all items involving expenditure of funds): · AMENDMENT NO.1 TO THE DELRA Y BEACH HOUSING RENAISSANCE PROGRAM MEMORANDUM OF UNDERSTANDING THIS AMENDMENT NO.1 to the Delray Beach Housing Renaissance Program Memorandum of Understanding dated January 23, 1996 is made this _ day of ,1996 by and between the CITY OF DELRAY BEACH, COMMUNITY REDEVELOPMENT AGENCY, DELRAY BEACH COMMUNITY DEV. CORP., DELRA Y BEACH HOUSING AUTHORITY, BANKING CONSORTIUM, and the TED CENTER. WIT N E SSE T H: WHEREAS, the parties entered into an Agreement on January 23, 1996, to provide subsidy awards for the affordable housing program; and, WHEREAS, due to the increase in cost of construction trom new requirements under the building code, the parties desire to amend the Agreement to increase the amount of the subsidy award. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated January 23, 1996 is hereby amended to provide that the maximum amount of the subsidy award is $25,000.00 per eligible household. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. , 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other tenns and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Delray Beach Housing Renaissance Program Memorandum of Understanding on the day and year first hereinabove written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Fonn: City Attorney COMMUNITY REDEVELOPMENT AGENCY By: Christopher Brown Executive Director DELRAYBEACHCOMMUNITYDEV. CORP. By: Charles Broadnax Chainnan of the Board DELRA Y BEACH HOUSING AUTHORITY By: Howard Ellingsworth Chainnan of the Board BANKING CONSORTIUM By: Arthur Fleming Executive Director TED, CENTER By: Elizabeth Debs Executive Director DELRA Y BEACH HOUSING RENAISSANCE PROGRAM MEMORANDUM OF UNDERSTANDING This memorandum of understanding, hereinafter referred to as the MEMORANDUM, entered into as of the 23rd day of January, 1996, by and between the public and private sector participants of the Delray Beach Renaissance Program, hereinafter referred to as the PROGRAM: The City ofDelray Beach (City), the Delray Beach Community Redevelopment Agency (CRA), the Community Financing Consortium, Inc (CFC), the Delray Beach Housing Authority (DBHA), the Delray Beach Center for Technology, Enterprise & Development, Inc. (TED Center), the Delray Beach Community Development Corporation (Delray CDC), hereinafter collectively are referred to as P ARTICIP ANTS, 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. Thus, the Delray Beach Renaissance Program was formed to: 1. Revitalize blighted communities within the designated target areas of the City's CDBG and CRA geographic boundaries (see attachments "Maps"); 2. Create the opportunity to provide a viable economic mix of income levels within the designated target areas; 3. Provide decent, safe, affordable housing for households determined to be low to 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 organizations 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. Create a mix 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 training and obtain skills in cabinet making and other areas of construction; 8. Provide for a comprehensive, coordinated approach to the delivery of affordable housing, 1 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 participants as follows: CITY OF DELRA Y 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 programs. .. 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 regulations governing designated funding allocations. .. Provide appropriate incentives to units constructed under the Delray 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 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 DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY ~ 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 set aside for residents whose incomes do not exceed 120% of the Median Family Income. ~ 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 ofthe 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 provide architectural designs to builders, home buyers, and non-profits at minimal cost ($500 per plan). ~ To provide technical and financial assistance to CDC's. ~ To apply for grants to enhance program development: economic development, credit repair, beautification projects, and administration. THE COMMUNITY FINANCING CONSORTIUM, INC. (CFC, INC.) The Community Financing Consortium, Inc. (CFC, Inc.) is a not-for-profit corporation involved in the processing of first mortgage construction and permanent loans for affordable housing applicants. Their role and responsibilities are as follows: ~ To provide technical assistance in 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. ~ To organize and provide a 5-hour mandatory training session for home buyers. Attendance would be monitored and certification issued upon successful completion. Certification would be a requirement for loan closing. ~ To provide a commitment for first mortgage financing to affordable housing applicants with an interest rate of 50 basis points lower than conventional financing. ~ To recommend to the partner the amount of junior mortgages required for an individual home buyer. ~ To provide mortgage financing to home buyers and participating non-profit organizations 3 participating under the Delray Beach Housing Renaissance Program. ~ To provide financing for the acquisition and development of the credit incubator facilities under the program. ~ To participate in grant and loan applications to sources such as the State HOME program and the Federal Home Loan Bank of Atlanta. ~ The provide loan processing for first mortgage financing. Loan processor shall be located in Delray Beach. DELRA Y BEACH HOUSING AUTHORITY The Delray Beach Housing Authority would also be a subsidy provider. In addition, their role and responsibilities would be as follows: ~ To provide subsidy monies for the junior mortgages. ~ To provide rental management training to local non-profits. ~ To assist low income families towards self-sufficiency and movement into home ownership. NOT -FOR-PROFITS: THE TED CENTER AND THE DELRA Y BEACH CDC The not-for-profits would be the housing packages in the Delray Beach Renaissance Program guiding home buyer applicants from pre-application to closing of the home. In addition, the organization would participate in grant applications. Their role and responsibilities would be as follows: ~ To provide marketing opportunities for approved builders. ~ To identify and seek out available funds to be used for leveraging existing program dollars such as the reimbursement of impact fees through the Palm Beach County Commission on Affordable Housing - Housing Trust Fund. ~ 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 acquaint builders with code requirements, housing costs, housing specifications, and design. 4 ~ To provide pre-qualification and credit counseling/repair for home buyers, assist them with the builder's construction contract, and assist them in selecting a lot to purchase. ~ To serve as agent for the Homebuyer, providing construction supervision, final walk-though and punch list, monitor for warranty items and over all quality control. ~ To provide supervision of "Sweat Equity" requirements for home buyers. (TED Center only) ~ To own and manage four (4) "Credit Incubator" residences for families below 50% of median income. (A "Credit Incubator" is an affordable, single-family owned and rented by the not- for-profit CDC to a family on a 2-year lease option to allow time for families to complete their credit repair and increase their savings for down payment and closing costs.) ~ To provide home buyer education workshops and seminars, including home maintenance and repair, homestead exemption, code enforcement requirements, insurance, family budgeting, etc. ~ To apply for grants designed to enhance program development, may be sole applicant or in partnership with members of the Delray Beach Renaissance Program. ~ To organize a neighborhood association, provide them with technical assistance and apply for a not-for-profit status. GOALS OF THE PROGRAM The partners will provide senior and junior mortgages, packaging services, home buyer assistance for 70 new homes and 10 rehabilitated homes over the period of this Agreement. TIME OF PERFORMANCE This Agreement shall be in effect during the period October 1, 1995 to September 30, 1997. 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 partner. 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 C 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 5 , ( ( by either party, or violation of any covenants, agreement or stipulations of this Agreement by either of the parties shall warrant termination of the Agreement provided notification is given in writing within ~ir;ty (30) days prior to the effective termination date. ) I I IN WITNESS WHÈREOF, the parties hereto have entered into this Agreement as of the day and . year first ab9ve written. ATTEST:' . !wIJLlJIiJJ ~ By: ~ City Clerk , Approved as to Form: CO OPMENT AGENCY ~~ By: ~ City Attorney Christopher Brown Executive Director DELRA Y BEACH COMMUNITY DEV. CORP. BY~ Charles Broadnax Chainnan of the Board DELRAYBEACHHOU~ ByÆ2¿A ffi L ~ Y Deborah Castellow Executive Director By: Arthur Fleming Executive Director TEDZ ~ By: ~£.J;¡& Sam cGhee / { Executive Director . -. 6 r' ~ ( ( ---- EXHIBIT A . - . ( ( STATE HOUSING INITIATIVES PARTNERSHIP PROG..ß,AM -90% OF MEDIAN AREA PURCHASE PRICE t I I EXISTING!j I LOCAL GOVERNMENT i NEW I I . Daytona Beach MSA 106,365 71.68611 Fort Lauderdale PMSA 124,187 108,726 I! F art Mvers - CaDe Cora~ MSA 121,536 102,242 'I I 95 682 ! I Fort Pierce - Port 51. Lucie MSA I 92,644 Jacksonville MSA I 106,017 92,490 I ! r...akeland - Winter HaveQ MSA ¡ 87.121 51,535 i . I Melbourne - Titusville - Palm Bay MSA ) 110.749 90 846 ! I i Miami PMSA i 119,439 113,416\ Naples MSA ¡ 106,365 118 264 I Orlando MSA . I , 95,836. 101,70~1 Punta Garda MSA . 106,365 __J.9,4tp i Sarasota - Bradenton MSA ¡ 106. 711 ._.~~l~.~_~JI r allahassee MSA ..~O.~J65 L.. .i!9~05511 r ampa - ~ Petersburg - CleanNater MSA .__ ..__ª-ª!.~ __ --ª~.491 I West Palm Beach - Boca Raton MSA --..·:~:;t.~~~:~i~~J I Monroe County I Other Areas .~: R....et1Uð Proclamallon 94-55, U.S. ~t1JrW¡t o( TlUUury . _. (- €- '..' . " -- EXHIBIT B FUNDING COMMITTMENT SOURCE DOLLAR AMOUNT (2- Year Period) COMMUNITY REDEVELOPMENT AGENCY $ 85,000 CITY OF DELRA Y BEACH 745,000 DELRA Y BEACH HOUSING AUTHORITY 60,000 FEDERAL HOME LOAN BANK 320,000 STATE HOME (Application approval pending) 176,000 TOTAL SUBSIDY $1,386,000 HOMEBUYER EQUITY $80,000 COMMUNITY FINANCING CONSORTIUM $4,800,000 - -- ,~ . ~ -: . (- ( --- EXHIBIT C '. - -- The Delray Beach Renaissance Program Policies and Procedures I. Purpose The Delray 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 acquisition/rehab beginning October 1, 1995 through September 30, 1997. Specifically, the program has as its purpose: þ> Revitalization of deteriorated conditions within the CDBG and CRA target areas. þ> Creation of opportunities to provide viable economic mixes of income levels within the target areas. þ> Provision of decent, safe, affordable housing for low and moderate income households. þ> Through various incentives, encouragement of private builders to construct affordable housing within the target areas. þ> Provision of construction financing opportunities for participating builders and non profits through a consortium of lenders called the Community Financing Consortium, Inc. þ> Creation of a mix of affordable housing units with sale prices ranging between $60,000 and $113,000. þ> Job training opportunities for area residents. þ> Coordination of housing delivery that provides for maximizing the ability to leverage available affordable housing funds. II. Approval These policies and procedures require approval by the Delray Beach City Commission, Delray Beach Housing Authority, The Community Redevelopment Agency, The Community Financing Consortium, Inc., and the governing boards of the Delray Beach Community Development Corporation (CDC) and the Delray Beach Center of Technology, Enterprise and Development, Inc. (TED Center). 1 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 Delray 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 description, homebuyer eligibility criteria and overall procedures for implementation of the of the various components of the Delray Beach Renaissance Program. A. Homebuilding 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 buyers. Subsidy is available for eligible homebuyers from the City's SHIP, HOME and Bootstrap Rehab Program, the Community Redvelopment Agecncy's Affordable Housing Program, the Delray Beach Housing Authority, the Federal Home Loan Bank Affordable Housing Program and other public and private sources which may be made available in the future. The amount of subsidy combined from all sources shall not exceed $20,000 per household. Subsidy shall be awarded to homebuyers on a first come, first served basis, with no preferential consideration being provided to either Non Profit agency. 1. Eligibility and Priority Considerations Program administrators shall provide assistance in consideration of the following: 2 a. Family Status - Parental households with dependent children shall receive primary consideration. b. Residency - families who are current residents or who are employed within the City of Del ray Beach. c. Income - Families whose income levels do not exceed 80% of the Median Family Income (MFI) adjusted for family size (following HUD Section 8 guidelines). Those families with incomes below 50% shall be targeted for 64 of the 80 units with those whose incomes not exceeding 65% of MFI targeted for 16 of the units. Income will be verified by contacting employers, Income Tax records and/or three pay periods of check stubs. d. Credit Worthiness - A credit report will be requested and reviewed with the participating lender. Only those households meeting the lenders credit standards will be processed further. e. Debt Ratio (Affordability) - Applicants will be screened on the lenders income to housing debt ratios. Housing expenses (PITI) may exceed 30% of the households' income; however, this amount shall not exceed 300/0 of the area median income limits adjusted for family size for the income category. f. Public Housing/Section 8 Tenants - Some 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 3 a. Assistance with Construction Financing - Low or no-interest loans up to $20,000, averaging approximately $15,000, 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 of impact fees). Principal Reductionwill be secured as a second mortgage on the property and run for 15 years with a 0% interest rate. For each year the household lives in the property as their principal residence 1/15 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 construction beginning 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. 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 provided. The assistance provided will be in the form of a deferred loan up to $15,000, with the average assistance per unit being approximately $8,000. This assistance will be secured as a second mortgage on the property and run for 15 years with a 0% interest rate. For each year the household lives in the property as their principal residence 1/15 of the assistance amount will be forgiven. 4 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 Consortium Program Description and the City of Delray Beach SHIP Housing Assistance Plan. These provisions require that purchasers must occupy the unit assisted as the principal residence for a period of 15 years. Any subsequent low income purchaser must also retain the house as principal residence for the balance of the period. If the unit is subsequently sold to a non low income buyer, then the initial assistance, less mortgage amortization, shall be payable in full. 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 Del ray 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, provide prequalification services, credit counseling, housing unit and lot selection and building contractor assistance. Upon the completion of the pre-qualification, eligibility and other aplicant 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 notification: 1. A Standard Form of Agreement Between Owner and Contractor 2. Detailed Construction Costs including all hard and soft costs 5 including detailed developer's fees if any. 3. Specification Sheets 4. Income Certification Form 5. Lot Acquisition Contract Upon receipt of the applicant packet from 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 The participating nonprofit agencies, the TED Center and the Delray Beach CDC shall be responsible for pre-certifying and selecting builders for the development of housing. The nonprofit agencies shall advertise an invitation for contractors to participate and shall develop a list of a minimum of 5 and a maximum of 7 general contractors who meet the following general criteria: · Proof of license and insurance · Demonstrative Financial Soundness · Ability provide a lO-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 Community 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. 6 7. Mandatory Homebuyer Seminars Homebuyers shall be required to attend at least one 4-hour training session. The City of Delray Beach, each non-profit agency and the Community Financing Consortium shall jointly coordinate each session. These sessions shall at a minimum include the following topics: 1. Personal Finance and Planning 2. Credit and Borrowing 3. Fair Housing Issues 4. Maintenance and Upkeep 5. Underwriting Criteria 6. Property Tax Information 7. Other information as required by participants and federal/state regulations. B. Credit Incubator We project that there will be applicants whose credit history will deter them from purchasing a home during the first years of the Renaissance program. This component provides for the acquisition of four units to be owned and managed by the participating non profits for the purpose of leasing to applicants with less than desirable credit histories. These applicants would be required to attend seminars and other ongoing programs designed to repair damaged credit. At the end of their incubation period, the applicant would be given the opportunity to purchase the unit occupied. Subsidy would be provided at closing as in the Homebuilding component. C. Title Repair There are 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. This component involves the purchase of and/or the contracting and assignment of contracts for lots through the Community Redevelopment Agency. The CRA 7 shall provide title clearance for subsequent sale to a purchaser. D. Community Stabilization This component incorporates the City of Del ray 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 technical 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. Approved Policies and Procedures of the CDBG program and Code Enforcement shall govern this component. E. Cabinet Construction Apprenticeship This component shall take its lead from the private builders, who in cooperation with local vocational schools shall provide on-the-job training opportunities to persons enrolled in cabinet making programs. These apprentices shall provide the cabinets for the new construction component of the Delray Beach Renaissance. 8 . . . . ( (~ --- EXHIBIT D . - -- . DEUtA Y BEACH (" . ( RENAISSANCE TAR GET AREA o t' ~; . , , ST,Ù\¡\,;r', I 4 . J I . ¡-rI11-- ·1 'f I l .,' 001.1" , , , , ·1' , Ji;,;, i1 , .. ) \~ '~:Ié Y.;ì¡- '\ 0 f& '.',J \'IiJ"· I'J ~ 0' . . i . I.. - \ ë ... on . ~ .- M . I --, I -- _ 1.. .). _ ! I',hn 11\',.. t CI'~lIlt ~ I::W:= ~~~I Itlh ,~ se- .; .J; - .. ^"tltx_ ,,: ~iL :; ;;/- h· e o. (11 cu U 0 _. ----~_... . . r:. :<::: () 7¡:.; I :e: c ,~ .jg '" ~( > f " . , QUU'$TI'\ãAM. ,,·C_ '-,- ~ - I ......-._..~. '. Jl . - >, í -. ~-- LAI<C g t --- I ... ('- I' lOCH i:J. ~ ' 'T . -- . '. , -'\- . <ò Y ~ ip.. 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(I J 1/ J ~ R= ' , p!îJ[]] = ~~ ~ I J '·rlIJOJ8ITJ i, 11 ffi[, ,III r ~! 1-111': : J, ], 110 ~: ! ' , r-! (] . !' I, I I! !: r- =; ~ I - · ; ==~ C· 'OJ ! &.~/ /: ~-, , I ' . -. ("'-0(' t /' I ; ~ L- ~! I, . x;' ( ~ ''''''7'''7",' ,W ==;. ~~'I ffll:' - ~/ 1., ' . " ;r , 'UJ I '::>(~ ~ ' : ' ! I , I ' ;:==' , '... I , ,¡ i11IIJj~'~ j :f=:pi ,/ ,t¡JI ¡: '2 -'\; ìí ' 4 ~ ' ;', '~S::::M' fill 1-., ~ , . õJb¡¡ . 'oIouo-~ ' . ...~ ..' ~ ~?-=: ,:- -,r~Im'Om-sï.'rn,..........---.ø ",.f -, - ,,- - -'- , COMMUNITY REDEVELOPMENT ..-AREA COMMUNITY REDEVELOPMENT PLAN ./ FIQURE 1 THE CITY Of' OElRAY .~ COMM~TY AEOEVElOf>MEHT M1EI~CY ,:~rlJl ~ . U. ,,,t ·t.' "" .....".. 1.4 · ,I '<- ~~M L Memorandum DATE: November 12, 1996 TO: David T. Harden - City Manager FROM: Lula Butler - Director, Community ImprovementØ RE: CDBG Funding Agreement: HOPE. Inc. ITEM BEFORE THE COMMISSION: This is to request approval to execute a funding agreement with Housing Opportunities Project for Excellence, Inc. (HOPE,lnc.) BACKGROUND: In accordance with 24 CFR 570.301, a Public Hearing was held on July 9, 1996 before the City Commission to obtain public comments on the proposed use of funds for the Consolidated Action Plan for Community Development Block Grant funds. The Action Plan contains appropriations for the agency listed above and was approved by the Commission. Regulations (24 CFR 570.503) require written agreements prior to disbursement of funds to subrecipients, specifying the work to be performed by the agency among other requirements. These agreements have been developed in accordance with the stated regulations and have been reviewed by the City Attorney for legal sufficiency. RECOMMENDA TION: Staff recommends approval to execute the attached agreement so that funding may proceed in accordance with Commission approval. LB:DQ Attachment FundHope.CC g.G. Date: November 12, 1996 Agenda Item No. 'ð.G. AGENDA REQUEST Agenda request to be placed on: _X_ Regular _ Special _ Workshop _ Consent When: November 19. 1996 Description of Agenda Item: Request approval to execute CDBG funding agreement for HOPE, Inc. OrdinanceIResolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head ~ ~""" ---._-,_~ SIgnature: ~ / City Attorney ReviewIRecommendation (if applicable) () 1< lP1 Budget Director Review (required on all items involving expenditure of funds): AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of 1996 by and between the City of Delray Beach, hereinafter referred to as "City" and Housing Opportunities Project for Excellence, Inc., hereinafter referred to as "HOPE, Inc." having its corporate office at 3000 Biscayne Blvd., Suite 102, Miami, Florida 33137 is related to the provision of $2000 in Community Development Block Grant funds in accordance with budget approval by the City Commission on September 17, 1996. These funds are to be used to provide a minimum of four Housing Industry Provider Education Seminars and four Community Education Sessions for residents of Delray Beach, including school-age children and community organizations. WHEREAS, federal regulations at 24 CFR 570.601 provide that CDBG funds are granted to the City ofDelray Beach under a condition that the City certifies that it will "affinnatively further fair housing," and; WHEREAS, with its submission of the Fiscal Year 1996-97 Consolidated Action Plan, the City of Delray Beach so certified that it would "afirmatively further fair housing, II and; WHEREAS, HOPE, Inc. is recognized by the U. S. Department of Houisng and Urban Development as an agency competent in regulations governing Fair Housing, and; WHEREAS, HOPE, Inc. proposed to provide Fair Housing Education and Outreach to the citizens of Delray Beach, and: NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS The following definitions are provided for the terms set forth herein: a. "CDBGII means Community Development Block Grant program. b. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. -- 2. STATEMENT OF WORK a. The City shall reimburse HOPE, Inc. in an amount not to exceed $2000 for expenses related to conducting four Community Education Sessions and four Housing Industry Provider Education workshops. The amount to be paid to HOPE, Inc. shall not exceed $250 per seSSIOn. b. HOPE, Inc. shall provide: i) Community Education workshops for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City ofDelray Beach. These workshops shall be designed to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Workshops are to be conducted citywide on an ongoing basis. A minimum of four workshops shall be conducted during the period beginning October 1, 1996 ending September 30, 1997, with one workshop to focus on the education of Children about housing descrimination. ii) Housing Industry Provider Education workshops for developers, 2 real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide infonnation on fair housing laws, Community Reinvestment Act regulations and affinnatively marketing requirements. A minimum of four workshops shall be conducted during the period beginning October 1, 1996 and ending September 30, 1997. 3. METHOD OF PAYMENTS The City shall reimburse HOPE, Inc. at a rate of$250 per workshop within thirty days of receipt of Invoice. Reimbursements shall be made according to Section 2 Statement of Work, .- and in no event shall the total compensation exceed the total amount of $2000. Reimbursements shall require the approval of the Director of Community Improvement. 4. RECORDS AND REPORTS Prior to receipt of CDBG funds HOPE, Inc. shall submit for each workshop conducted, the following documentation: a) an agenda showing the time and place of workship/seminiar and the topics discussed; b) a list of inviteeslattendees~ c) a request for funds/invoice; d) other records as may be necessary to determine compliance with this agreement. S PROGRAM INCOME HOPE, Inc. agrees to expend CDBG funds for the purpose as outlined in Section 2, Statement of Work. It is not anticipated that Program Income shall be generated ftom this allocation, however, such income, if generated, may be retained by the agency and used to promote Fair Housing 3 activities. 6. NON~FEDERAL AUDIT As required by OMB Circular A-133, HOPE, Inc. agrees to provide a copy of an independent professional audit of the agency's financial activities to assure proper expenditure of allocated federal funds. 7. MONITORING HOPE, Inc. agrees to make its records available to the City to assure compliance with applicable federal and local requirements. The agency further agrees to allow access for site visitation by federal monitors as warranted. 8. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS HOPE, Inc. agrees to retain supporting documentation relating to activities described in Section 2, STATEMENT OF WORK, for three years from September 30, 1997. 9. OTHER PROGRAM REQUIREMENTS a) HOPE, Inc. certifies that no person shall on the grounds of race, color, national origin, sex, age or disability be denied participation in the agency's activities. b) HOPE, Inc. agrees to carry out the activities for which CDBG funds are provided in compliance with all local and federal laws and regulations as described in 24 CFR Subtitle A, OMB Circular A-B3, OMB Circular A-122, which are attached and incorporated herein by reference. 10. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if HOPE, Inc. materially fails to comply with any tenn of this Agreement. This Agreement may 4 · - be terminated for convenience in accordance with 24 CFR 85.44 and Circular A-IIO Attachment L, which has been previously provided and is incorporated herein by reference. 11. This Agreement contains all of the parties binding representations to one another. Any amendments or modifications hereto must be in writing. 12. Any notice pursuant to this Agreement shall be sent via certified mail, return receipt to the following addresses: City of Delray Beach -- Attention: Dorothy Ellington 100 NW 1st Avenue Delray Beach, Florida 33444 Housing Opportunities Project for Excellence, Inc. 3000 Biscayne Blvd. Suite 102 Miami, Florida 33137 HOPE, INe. ìL By: Ld-& ~~ Executive Direc r CITY OF DELRA Y BEARC, FLORIDA By: Mayor A TrEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 5 [I" DF DELRA' IEA[H OELRA Y BEACH t \ 0 !( \ {} " be.d 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AII·AmericaCity , lilt! MEMORANDUM 1993 TO: David 1. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #?H CITY COMMISSION MEETING NOVEMBER 19, 1996 APPROVE REQUEST TEMPORARY USE PERMIT. NOMADS DATE: November 14,1996 ACTION: City Commission is requested to grant a temporary use permit per LDR, Section 2.4.6 (H)(3), for the purpose of allowing approximately 5 RV's to park on the Catherine Strong property from approximately January 3, 1997, through January 23, 1997. BACKGROUND: We have received a request from the South County Community Food Pantry on behalf of a volunteer work group called the NOMADS, to allow the group to park their RV's on City property for approximately 3-4 weeks while they are in Delray Beach doing volunteer work. The NOMADS are an official mission agency of the United Methodist Church Board of Global Missions and used this site last year. Attached is a letter we received from Ms. Juanita Bryant. The RV's would need water and electric hook-ups, as well as a sewer dumping facility. All are available at this site, or can be arranged, as we have done the last two years. RECOMMENDATION: Recommend approval of the request from the South County Community Food Pantry to allow the NOMADS to park RV's at Catherine Strong Center and grant the temporary use permit per LDR's and provide temporary services for water, sewer, and electric. RAB:tas Attachment File:u:sweeney/agenda Doc.:Nomads2.doc @ Print9d on Recycled Paper THE EFFORT ALWAYS MATTERS '- '. .- ~ ece ~~I ~~AlP Community Food Pantry Program AN INTERFAITH COMMUNITY BASED APPROACH TO HUNGER November 6, 1996 Juanita Bryant, MDlv: Coordinator 561-276-7819 Ci ty Manager Office Susan Elliott: Mr. Barcinski, Asst. City Manager Meal Coordinator 100 NW 1st Ave. Rev. Pamela Cahoon: Delray Beach, FL 33444 Executive Director 561-833-9499 561-833-1299 Fax Dear Mr. Barcinski, Joy MacDonald: ' . "I t C d· The Communl ty Food Pantry Program provldes vO un eer oor mator " 561-833-9499 ~ul tlpl~ serVlces to the homeless and low 1-800-588-8423 lncome ln the South County area. We have an emergency Food Pantry, a Hot Meal Program at SPONSORS: lunch Mon - Fri and supper Tues - Thur., and Barwick Baptist Church an After School Snack Program. We work B'nai lbrah Congregation together with agencies to address the needs Boca West UMC of the community. Bonner Foundation Cason UMC On January 3rd through the 23rd, we will Church of the Palms have a group of volunteers called the Nomads Congregation B'nai Israel . " CROS/Cro Walk <;:omlng to help, us. They wlll, be travellng D I B P h CI As ln 5 RV' sand wlll need electrlcal and water e ray eac ergy soc. Fi t Pr b t· Ch h B hook ups. We also need to know where the rs es y enan urc oca , . First Presbyterian Church Delray closest sewer deposl t lS located. First UMC Boynton First United Methodist of Boca In the past they have parked at the Lattner Foundation Catherine Strong Center at 600 SW 15th Ave MAZON: A Jewish Response to Hunger in Delray. We would like to do so again. Mt. Olive Miss. Baptist Church However, I understand the gates are being National Church of God locked on the weekends. Therefore, if we P.B.C. Community Foundation cannot get a key or make other arrangements St. Matthew's Episcopal Church and have to locate somewhere else please let st. Paul's Episcopal Church me know as soon as possible. 'Temple Sinai Trinity Lutheran Church Thank you for all your help. If you need Unity Church of Delray further information call me at 276-7819. West Boca Medical Center West Park Baptist Church Zale Foundation Sincerely, " [,1 ua{,~ f--, A~ A A -IJ- A program ofC.R.O.S. Ministries JuaniÍta Bryant, ~ Z;,""v'-1 lax #60-22-1l4-287-56C Coordinator 600 S.w. 15th Avenue Delray Beach, Florida 33444 561-276-7819 . . " . !) " '''< L' ' '1·~/1 (. c ' £IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F lOR t D A tdD:II AII·America City MEMORANDUM '~ III! DATE: November 12, 1996 1993 TO: City Commission FROM: David N. To1ces, Assistant City AttorneØ SUBJECT: Sale of Property at 17 N. W. 5th A venue The City Commission previously authorized the sale of the property located at 17 N. W. 5th A venue to the Delray Beach Community Redevelopment Agency. The parties were to close the sale on or before October 28, 1996. Due to problems in acquiring a satisfaction of mortgage from a defunct financial institution, however, closing has not yet occurred. At this time, City Commission should grant a sixty (60) day extension for the close of this sale. Myself, along with the CRA's legal counsel, are diligently working to obtain the necessary documentation. Within the next 60 days, the documents to provide clear title should be obtained and the closing will then take place. Therefore, it is recommended that the City Commission grant a sixty (60) day extension for the closing. If you have any questions, please call. DNT:smk cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk nw5th.dnt ® Printed on Recycled Paper 8..L. · . , . , \ .- .'---Þ CONTRACT FOR SALE AND PURCHASE PARTXES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller") , of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: 243-7000) , and COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163, Florida Statutes ("Buyer") I of 24 North Swinton Avenue, Delray Beach, Florida 33444, (Phone 276-8640), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Propertv") and personal property ( "Personal tv") (collectively "Propertv") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions attached ("Standard Is I ") and any addendum to this instrument. I. DESCRIPTION: (a)Legal description of Real Property located in Palm Beach County, Florida: The North 44.7 feet of Lot 6 and the South 5.2 feet of Lot 5, and the South 19.4 feet of Lot 5, Block 28, TOWN OF DELRAY BEACH, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach county, Florida. (b) Street address, city, zip, of the Property is: 17 N.W. 5th Avenue, Delray Beach, Florida 33444 (c) Personalty: II. PURCHASE PRICE: .................................. . $ 29.200.00 PADŒN'r: (a) Deposit to be held in escrow by Robert W. Federspiel in the amount of $ 500.00 (b) Balance to close (U.s. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ 28,700.00 III. TIME FOR ACCEPTANCE; EI'I'ECTIVE DATE: FACSIMILE: 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 fourteen days (14) after the execution of this Contract by the Buyer, the deposits will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: Within thirty (30) days after the execution of this Contract Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) OR (2»): (l)Dabstract of title or (2). title insurance commitment and, after closing, owner's policy of title insurance. v. CLOSING DATE: This transaction shall be closed and the warranty deed and other closing papers delivered one hundred eighty days (180) following the effective date of this Contract, unless extended by other provisions of Contract. VX. 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~ feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purch~se money mortgag~s, if any; other None; provided tha'; there exists at closing no violation of the foregoing and none of them prevents use of Real Property for purposes. VX:t. OCCUPANCY: The property shall be unoccupied as of the date of closing. Seller agrees to delivery 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. · . - '--.' XX. RXDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)OCoastal Construction Control Line Rider b)OCondominium Rider c)OForeign Investment in Real Property Tax Act Rider d)OInsulation Rider e) OFHA!VA Rider f) OOther: X. ASSIGNABILITY: (CHECK (1) OR (2)): Buyer (l).may assign or (2)Omay not assign Contract. XI. SPECIAL CLAUSES: (CHECK (1) OR (2)): Addendum (l).is attached OR (2)Ois not applicable. XII. T~ IS OF THE ESSENCE OF THIS CONTRACT. XIIX. DXSCLOSURES: Buyer Oacknowledges or Odoes not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures. - _BUYER'S XNI'rXALS ---------- i J8v ¡r~ 'Ilf?¡~ý Date Buyer Date Seller Date Social Security Social Security or Tax ID No. or Tax ID No. ¡¡1iE-Si: fJ.&in 'IIþ~~ fl4 eu: '. ADDE~Dt.ÌM TO CONTRACT FOR SALE AND PUR<--..AsE SELLER: CITY OF DELRAY BEACH, a Florida municipal corporation BUYER: COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH, an entity created pursuant to Chapter 163, Florida Statutes PROPERTY ADDRESS: 17 N.W. 5th Avenue, Delray Beach, Florida 33444 XIV. SPECIAL CLAUSES (Continued) : 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 N 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 to 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 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 satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional 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. 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 Buyers' expense within the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term of this contract, the Buyer, or Buyers' 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 proper.ty, Tn the cvenr. 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. D. The Buyer shall have the right to cancel this Contract without penalty by providing written notice to the Seller at least thirty days (30) prior to the date of closing. "- E. In the event the Buyer shall not have canceled this Contract thirty (30) days prior to the closing date, pursuant to the provisions of Section E above, the Seller agrees to demolish the subject structure located on the property prior to closing. At closing the Buyer agrees to reimburse the Seller the amount of ten thousand dollars ($10,000.00) for a portion of such demolition costs stated above. IJfksi: ~i!hc~IIaðV- tf.1¡ ~ OF '. ST~ARDS FOR REAL ESTM'E TRANSACT~..__i1 A. 8YIDJ1:NC8 or TI'rL&: (I)An abstract of title prepared or brought current by a reputable and existing abstract firm tif not ex!s:!ng then certified as correct by an existing firm) purporting to be an accurate synop.sls of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary 1.n the county. Upon closing of this transaction the ab.stract shall becocøe the property of Buyer, subject to the right of retention thereof by fic!lt mortgagee until fully paid. (2) A title in.sucance commitment issued by a rlorida licensed title In.surer agreeing to issue to Buyer, upon recording of the special 'Warranty deed to Buyer, an owner' 5 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 Contrect end those which shall be discharged by Seller at or before closing. Seller shall convey a merketeble title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title cOftlRÚ.tment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect (sl. If the defect (s) render title unmarketable, Seller will have 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 Contract. Seller will, if title hi found unmarketable, use diligent effort to correct defect (05) in title within the time provided therefor, including the bringing of necessary sui ts. B. I1OØCIIAS& IQIRY HJM(\R: ftCQRIn MIUI1IHIN'Z TO S2LLI!R: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of defa.ult if a first mortgage and a 15 day grace period if second or le.5ser mortgage :¡hall proviœ for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real PropertYI shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage (05); and the mortgage, note and security agreement shall be otherwise in fona and content required by Seller I but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Per30nalty and lease.s being conveyed or a.ssigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SORV8Y: 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 ~!lUrvey shows encroachment on Real Property or that improvement" located on Real Property encroach on setback lines, easements, lands of other.s, or violate any restrictions, Contract covenants or ðpplicable governMental regulation, the same .shall constitute a title defect. D. ".I'JæMIDS: Buyer, ðt Buyer's expense, within tiMe allowed to deliver evidence of title and to examine same, lI'Iay have Real Property inspected by a Florida Certified Pest control Operator to dete~mine. if there is any vlslble active termite lnfestatlon or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, in.spected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2' of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer "hall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in exce"s of 2' of the purchase price. "Termites· !lhall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. a, ING1\&SS AND _,: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use a.s described in Paragraph VII hereof, title to which is in accordance with Standard A. r. LIDlI: Seller shall furnish to Buyer at time of cl05ing an affidavit attesting to the absence, unless otherwise provided for herein, of any flnancing statements, claims of lien or potential iienors kn0\4n to Seller and further attesting that the,e have been no improvements or repairs to Property for 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 materia.lmen 1n addition to Seller' 5 l1en affidavit setting forth the n&lQ.eS of all such general contractor:s, subcontractors, :suppliers and materialmen and further affirming that all ch8rges for improv8Jl'lents or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at clo.sing of this Contract. O. PLACK or CLOSINO: Closing shall be held in the county where Real Property i9 located, at the office of the attorney or other closing agent designated by Seller. ø. "Dœ: Time periods herein of less than 6 days shall in the computation exciude Saturdays, Sundðy.s and state or national leqal 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. I. DOCOIœI'lI roR CLOSING: Seller shall furnish .special warranty deed, bill of sale, mechanic'.s lien affidavit, a.s.signments of leases, tenant and mortgage estoppel letters, and corrective instrument3. Buyer 3hall furnish closinq statement, mortgage, mortgage notet .security agreement, and financing o5tatemeots~ J. RXPRNUI: Documentary stamps on the special warranty deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money Mortgage to Seller, special warranty deed and financing statement.s shall be paid by Buyer. It. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expense.s and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Ca.sh at closing Shðll be increased or decreased as may be required by proration.s. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposit.s will be credited to Buyer and escrO'W' deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allOW'ance made for maximum allowable discount, homestead and other exem.ptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment i.s available, taxe.s will be prorated based upon such as:sessment and the prior year's millage. If current year's a.ssessment i.s not available, then taxes will be prorated on the prior year t 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 l.st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable asses:5ll1ent to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal asse:ssment taking into consideration available exemptions. Any tax proration based on an estimate may, at reque.st of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect 1.s in the closing statement. L. spacIAL AlsaSSMBIft LIRNS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens a:3 of date of closing shall be assumed by Buyer. If the improv....nt has been substantially completed as of Effective Date, such pendin; lien shall be c:on.id.,red .. certified, confln,.d or catif.1ed .nd Seller shall, at cl081n9, be c::haroed an amount equal to the last estimate of assessment: lor the improvement by the public body. 1(. INInc:næ. RllPAIR AND 1CIIIN'rDIIINCI: Seller warrant.s that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls, seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all major appliances, mechanical items, heating, cooling, electrical, plwnbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have in8pections made of those items by a firm or individual specializing in home in.spectlons and holding an occupational licen38 for such purpose (if required) or by an appropriately licensed Florida contractor. Buyer .shall, prior to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above standards a.s to defects. 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 cause such repairs to be made and shall pay up to 3\ of the purchase price for such repairs or replacements a8 may be required in order to place such itelYl.s in \-KJRKING CONDITION. If the co.st for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay .such excess, faili.ng which either party may cancel this Contract. If Seller 1s unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utlliti&s ser'lice and access to the Property for inspections, including a walk-through prior to closing. Between Effective Date end the date of closing, except for repairs required by th.is Standard, Selle" shall maintain Property including but not limited to the lawn and shrubbery, 1n the condition herein warranted, ordinary wear and tear excepted. H. RISK or LOSS: If the Property is damaged by fire: or other casualty ~fore closing and cost of restoration does not exceed 3. of the assessed valuation of the Property so damcsged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3. of the assessed valuation of the improvements ~o damaged. Buyer shall have the option of either taking Property as is together with eIther the 3' or any insurðnce proceeds payable by virtue of such lO!ls or damage, or of canceling Contract and receiving return of deposit (.s). o~ PPDCBIDS 01' SALK; CLOSING PROCItDtJR£: The special warranty deed shall be recorded upon clearance of funds. If abst;act, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale .shall be held in e.scrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. It Seller's title is rendered unmarketable, through no fault of Buyer, Buyer .shell, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails , , . to timely cure the defect, all depo~it (~-<:ihall, upon wri tten demand by Buyer and Wib_ n 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer falls to make timely demand fot" cefund, Buyer shall take title as is, waiving all rights a98i~st Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contelned in the special warranty deed. If a portion of the purchase price 19 to be derived from institutional financing or refinancing, requirements of the lending Inetitutlon as to place, time of day and procedures for closing, and for disbursement of .ortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds 809 a result of any title defect attributable to Buyer- mortgagor. 'Ihe escrow and closing procedure required by this Standard may be waived if title agent insures .adverse me.tters pursuant to Section 621.7841, F.S.(1989), as amended. P. BSCRDK: Any escrow agent (.~.) receiving tunds or equivalent: is authorized and agrees by acceptance of them to depo.!Jit them promptly, hold 5aJae in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent'.9 duties or liabilities under the provl.sions of Contract, Agent may, at Agent's option, contil1ue to hold the subject matter of the escrow until the parties mutually agree to it!! 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 lIIll 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 8 licensed ceal estate broker, Agent will comply with provisions of Chapter 41.5, F.S.11989J, as amended. Any .:!Iuit between Buyer and Seller .....here Agent is rnade ø party becau.:!Ie of acting a.:!l Aqent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with the fees and costs to be pðid from and out of the escrowed funds or equivalent and charged and awarded 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. Q. AT'l'OANJa nø.s; COSTS: In any litigation 8r13ing out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, sh.all include Seller, Buyer, listing broker, Buyer's broker and any subagent!! to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and cost.:!ll. R. PArLORS or Þ&RJ'OItIQNC8: It Buyer fails to perform this Contract within the time specified (including payment of all deposit (s), the deposit (s) paid by Buyer and deposit (s) ê!ligreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damðges, consideration for the execution of thi.! Contract and in full settlement of any claims whereupon, Buyer and Seller .:!IIhall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this 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(sJ without thereby waiving any action for damages resulting from Seller's breach. s. CON"rI\ACT NO'!' R&O)RDABUI; PltRSœs 8OCND; HOTtCB: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their succes",ors ill interest. Whenever the context per:m!.ts. 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. t. CON'VIYANc&: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian1s deed, as appropriate to the status of Seller, subject only to m.atters contained in Paragraph VII and those otherwi!Je accepted by Buyer. Personalty shall, at request of 8uye'r, be transferred by an absolute bill of sale with warranty ot title, subject only to such matters as may be otherwise provided for herein. U. 0ftœR .AOIUIDIDn:s: 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 partie.!! unle.ss in writing and executed by the party or parties intended to be bound by it. V. NUtRAN'l'I&S: 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. ~ Prepared by:-RETURN: City Attorney's Office V 200 N.W. 1st Avenue DEC-D2-1996 U:02am 96-418948 Delray Beach, Florida 33444 . ORB 9549 P9 1428 I 111..1 II .1111111 III III - . EASEMENT DEED . THIS INDENTURE, made this X- day of 6c:"1~ . 1996, by and between s"1.A.u..,.. l~~ L,C' !.{{aeu.~ T~7 ~ whose address. is l'3~1 Þ)·lJewF'Cr Ú1L Pt--~ ~'" party of the first part, and the CITY OF DELRAY BEA<;U, whose address is 100 N.W. 1st Avenue, ~"~"'I , Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: ,r WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in band paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and tree right, liberty, and authority to enter upon and to install, operate, and maintain such utilitieS well under, across.. through and upon, over, under or within the following described property located in Palin Beach County, Florida, to-wit: '- DESCRIPTION See Attached Exhibit "A" Concomitant and coextensive with this right is the further right in thè party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions. and reservations of record. That the party of the first part agrees to provide forthe release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claim.ed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. 1 - ORB 9549 pg 1429 , State of Florida . . County of Palm Beach The foregoing instrument was acknowledged before' me this ß.L day of~, 1996 by ~ t-l. -ru.1t'~.' í~Fca- (name of officer or agent, title of officer or agent) of (nalRe sf GOJ:pOl"'tinn",.mnwll'lfgigg)., a R.It- 'TItIA"T (state 0,. plaee ef Ìfteðl1'8retieJij ee'l'8rati8ft, 8ft hdiAlf of th.. \;UIpUliidun. He/Sheis personally known to me or -===- bas produced (type of identification) as identification and did (did not) take an oath. EASEMENT.CA T 2 . . ~ - ~ ,- ".1'-- ~ ~.._. .- . . y- .-- -'\. .- ~---------- ---_. - ------- - ~-~,--- - --- ~ . . II' i , DORe-mv H.9~~, Pd.~4~?0UNTY, Fl u)<DVI 00>0 o -A 0 PARK OF COMMERCE :¡P -U10 "N"' .. <D BOULEVARD ~ 0> ...... <.0 .. . .. -A -IZ II ...... (J1 .. a~ 0 ~(') .. oU)tD(')S:rri~-I»o :JC:00 .,,::r fT1 ..0 a.C"O c: ~...(I)"-AU) ., fT1:J ~. " '" "' N (') :" ;0" "'0 0" U). ;0 -. 0 (J1 fT1' 0 0 , ~"' -. - - 0 -0 ::r ~ :J ï"< c: 0 ~ "'. 0;0 "' -I - "'0 O:J I\.)::r-- U) "O:J » '-J (I) " 0 ICDCa.~~o::::l.~Z 001.0 - . "< (I)CD_"-oO ~ " 0 » ° ...... _. ~ 3 ......, 3' A) I\.) a. 0CD~-o ^mO" O! "<:J.. 0 s: (I) 0c c(') "' - 0"'", -IrrI O(l)03CD.." -:,: ¡=z - . :J 0 CD -. - -I , , a. CD ~ (') - ~-< -I rrI I (I) CD CD-O", ~A) o ~ ~ 0 õ' ~ ::r 0 rrI rrI ï o , -. 0 CD ~ (I) - 0 » Z a. -.:J ::r (I) rrI . o~ 0 rrlrrI"''' (/) ~ (')-A)0::r3 rrI o -. (') (I) CD ~ 0 Z ~ :J :J 0 "' rrI "''' rrI .." '-J (I) c:::r.. CD Z:J Z ...... '-J .. -0:3" '0"' -A - -A 0"' 0,,<' -II\.) VI - , -'< (') 0 "' a. .. ..,,-o~ "3· -0 VI::r" ~ VI ~ ""~Ol\.)~(I) ~ .. .þ. o ' 0 . O:J ,tD-""'(J1-~ 0 ~ .. - < CD Q 9:. 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FLC;I<ID..\ 33~·¡,l t,-""( : \, Writer's Direct Line: (407) 243-7091 DELRA Y BEACH f lOR I D A ........ AII·America City MEMORANDUM , III I! DATE November 13, 1996 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposed Utility Easement Delray Park of Commerce Tract "E" ~ - The attached easement deed is before you for your acceptance. The easement is located in the Delray Park of Commerce Tract "E". The City will be installing water and sewer main extensions into the easement in conjunction with the construction of a 15,000 square foot building in the Delray Park of Commerce. Approval is recommended. If you have any questions please call. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Dan Beatty, City Engineer '8. 0. ® pr¡nl('rl (''1 qf.-v"\I,~le~j p'~'~r': , .;, ~,~ ,'" ,l, J Co, ,!. ",,¡-',-, Prepured by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~ day of 6c.:1b~, 1996, by and between S)~~.. l~1-WJ LIFt 1«.lIblcA¢ TbII71i:.. whose address is l3~1 lIS.lJelAJpblLT Û'A. PI&-, t¥UAQ,9 party of the first part, and the CITY OF DELRAY BEACH, whose address is 100 N.W. 1st Avenue, "'!.1Þq.'h... Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the í' second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Attached Exhibit "An Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims ofall persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. I State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of ~, 1996 by {lu~~EU.- )-t. -ru".tt"~ I í þl!(fFca- (name of officer or agent, title of officer or agent) of (name of ~orpor"tinn "rlrlWwl('rlgingh a A.A- 71Z.vs'T (~ pJaee ef ifteoFpeflltieR) e6Fporfttioft. Oft bdlAlf uf till:: ~urpuliltiull. He/She is personally known to me or = has produced (type of identification) as identification and did (did not) take an oath. EASEMENT.CAT 2 (j)<Dv,¡ (")0')0 o ....... 0 PARK OF COMMERCE ;0 -(JI(") II <DN,.... .. <D BOULEVARD (JI 0') '-J ....... <D :: ....... " ....... -12 (JI ~ Q~ 0 (") ~ o (j) CD () s= fT1= ~ -I » 0 ,....() ::JCOO ~<D:r fT1 ~O 0.0"0 C ~w-w ct>.......(j) ~..., '-. 7\ ..., <D ..... 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I U I- ~ ~ i~w \ I ~ ~ .~ I I I I I I .n'L§ I ~ . , ;i ..z ~¡ I- ....11: VI . VI.... )(~ -~ --- ...'" 10'd gOO' ON Sv~11 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 'ð~ - MEETING OF NOVEMBER 19, 1996 RESOLUTION NO. 81-96 DATE: NOVEMBER 15, 1996 This is a resolution assessing costs for abatement action required to remove an unsafe building on property at 802 S.W. 3rd Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,026.46 remains unpaid. Recommend approval of Resolution No. 81-96 assessing costs for removing an unsafe building on property at 802 S.W. 3rd Street. t I - - ----^ It I I RESOLUTION NO. 81- 96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED I WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS ¡f INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND i LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN I EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST I I ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- I TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE . SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR ¡ THE MAILING OF NOTICE. I WHEREAS, the Building Official or his designated representative !' has, pursuant to Article 7.8 of the Land Development Regulations, I declared the existence of an unsafe building upon certain lots or ! parcels of land, described in the list attached hereto and made a part i hereof, for violation of the building codes and building requirements ! adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code i of Ordinances; and, I I WHEREAS, pursuant to Article 7.8 of the Land Development I Regulations of the City of Delray Beach, the Building Official or his \ designated representative has inspected said land(s) and has determined I that an unsafe building existed in accordance with the standards set ¡ forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and I did furnish the respective owner (s) of the land (s) described in the I. attached list with written notice of unsafe building and detailed report I of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and i all work must be completed within such time as the Building Official ¡i determines, said notice also advised that all appeals must be filed . within thirty (30) days from the date of service of the notice and I, failure to file an appeal or to make the repairs required that the I.. Building Official would have the authority to have the building demol- : ished from the date of the said notice; and, Ii WHEREAS, all the notice requirements contained within Article I 7.8 have been complied with; and, I ) , I , . :1 WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the I Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, , WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to I assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I: Section 1. That assessments in the amount of I shown by , as ì the report of the City Manager of the City of Delray a copy of which is I I attached hereto and made a part hereof, are hereby levied against the ¡ parcel(s) of land described in said report and in the amount(s) indi- I cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described I in said report, of the same nature and to the same extent as the lien I for general city taxes and shall be collectible in the same manner and i with the same penalties and under the same provisions as to sale and I foreclosure as City taxes are collectible. I, Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, I return receipt requested, to the owner(s) of the property, as such ; ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. I - 2 - Res. No. 81-96 , I i I j' I Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent ( 6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that paYment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6% , and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. ! MAYOR ATTEST: ! I ¡ City Clerk ! I I I - 3 - Res. No. 81-96 . CITY OF DELRA Y BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: James and H~tt;'" T",p RTnt.m ADDRESS: 802 SW 3rd Street, De1ray Beach, Fl 33444 PROPERTY: 80?~3~~ Street, Delray Beach, Fl 33444 LEGAL DESCRIPTION: W79' of E104' of N1/2 of N1/2 of SE1/4 of 8E1/4 of SWl/4 Q~ection 17-46-43. less the North 25' thereof You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $2,026.46 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19_, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 7-111-qfl Jhat" the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by tile City if you failed to act. __You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. ___You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action reqLliredJ~y the decision of the Board of Construction Appeals within a stated period of time: You failed to take the action as required by the order of the Board qf Construction Appeals. _~_ You appealed the decision of the Chief Building Official to the Board of Construction Appeals on 8-15-96 . The Board of Construction upheld the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 9-24-96 at a cost of $2.026.46 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk -'..- . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{~ SUBJECT: AGENDA ITEM # <i?L - MEETING OF NOVEMBER 19, 1996 RESOLUTION NO. 82-96: DATE: NOVEMBER 15, 1996 This is a resolution assessing costs for abatement action required to board-up unsafe structures on property at 1030 Wallace Drive. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,323.68 remains unpaid. Recommend approval of Resolution No. 82-96 assessing costs to board-up unsafe structures on property at 1030 Wallace Drive. , - - - -- ,-'. -.. -'. . ,-........-,.--..... - "-,_. RESOLUTION NO. 82 - 96 I I, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, 11 UNSAFE BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, I WHEREAS, pursuant to Article 7.8 of the Land Development I Regulations of the City of Delray Beach, the Building Official or hi s designated representative has inspected said land(s) and has determined I that an unsafe building existed in accordance with the standards set i I forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and I did furnish the respective owner(s) of the land(s) described in the I I attached list with written notice of unsafe building and detailed report I ! of conditions and notice to vacate as the Building Official determined I that the building was manifestly unsafe and is considered a hazard to I I life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices I that the building was to be vacated and that the building was to be i repaired or demolished; work must be begun wi thin sixty (60 ) days and i I all work must be completed wi thin such time as the Building Official ! ; determines, said notice also advised that all appeals must be filed I I within thirty (30) days from the date of service of the notice and f failure to file appeal to make the repairs required that the , an or Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article I 7.8 have been complied with; and, I I I , I I I ¡ I ! , - ."~ II WHEREAS, neither an appeal to the Board of Construction Appeals ! or corrective action was undertaken in accordance with the order of the i Chief Building Official; therefore pursuant to Article 7.8 of the Land i I Development Regulations the Building Official caused the abatement I i action to be done; and, ¡ WHEREAS, the City Manager of the City of Delray Beach has, I pursuant to Section 7.8.11 of the Land Development Regulations of the I City of Delray Beach, submitted to the City Commission a report of the ! costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, , WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is I attached hereto and made a part hereof, are hereby levied against the I' parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid wi thin ¡. thirty (30 ) days after mailing of the notice described in Section 7.8.11 .: become a lien upon the respective lots and parcel(s) of land described \' in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and I binding obligations upon the property against which said assessments are ! levied. I Section 3. That the City Clerk of the City of Delray Beach is I hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6% ) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 82-96 \ I I - Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- I ceived by the City Clerk within thirty (30) days after the mailing date I ¡ I of the notice of assessment, the City Clerk is hereby directed to record ! I a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the ; I subject property which shall secure the cost of abatement, interest at I the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: i I I City Clerk I I I I i I i ! i I - 3 - Res. No. 82-96 ! I I I \ CITY OF DELRA Y BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: James L. Rogers c/o Palm Beach County Sheriff's Office ADDRESS: 3228 Gun Club Road, West Palm Beach, Fl 33406 attn: Main Jail, James L. Rogers, inmate E-2A, purch #0768 PROPERTY: 1030 Wallace Drive, Delrav Beach, Fl 33444 LEGAL DESCRIPTION: Lot 6, Esquire according to Plat Book 23, Page 43 of the official records of Palm Beach County, Fl. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $2.323.68 by resolution of the City Commission of the City of Delray Beach, Florida, dated I 19_, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 10-22-96 Jhat the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action req~iredJ,)y the decision of the Board of Construction Appeals within a stated period of time: You failed to take the action as required by the order of the Board qf Construction Appeals. __._ You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 10-31-96 at a cost of $2,323.68 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT. COLLECTION COSTS. AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON ~ARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL THER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk -·-_r_· . . ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~1 SUBJECT: AGENDA ITEM # '8'(Y) - MEETING OF NOVEMBER 19, 1996 RESOLUTION NO. 83-96 DATE: NOVEMBER 15, 1996 This is a resolution assessing costs for abatement action required to remove nuisances on 18 properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 83-96 assessing costs for abating nuisances on 18 properties within the City. , I -- - --'--._-.--. .-. --~ --. .---------_..~._-----~-_.-._--~_.__._-- ---,'.._---.... .--.-- .~.- - -_._- II \ RESOLUTION NO. 83-96 ¡ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF , ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS i FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING I OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH . ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF I NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE , DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE ! RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO I. BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- I MENTS. I ¡. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- t tence of a nuisance upon certain lots or parcels of land, described in ! the list attached hereto and made a part hereof, for violation of the ¡ provisions of Chapter 100 of the Code of Ordinances; and, I I i WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the I Code of Ordinances of the City of Delray Beach, the City Manager or his i designated representative has inspected said land(s) and has determined I. that a nuisance existed in accordance with the standards set forth in . Chapter 100 of the Code of Ordinances, and did furnish the respective ¡owner (s) of the land (s) described in the attached list with written ¡I' notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice I forty-two (42) days in the case of violation of Section 100.04 pertain- i¡ ing to seawalls) they must abate said nuisance, or file a written I: request for a hearing to review the decision that a nuisance existed I' within ten (10) days from the date of said notice, failing which the I' City of Delray Beach would proceed to correct this condition by abating I' such nuisance, and that the cost thereof would be levied as an assess- , ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or , if the property owner(s) did request and receive a hearing, said prop- . erty owner(s) failed and/or neglected to abate such nuisance(s} within I I , ¡ I I - -- .__ M' ~"_._" - the time designated at the hearing wherein a decision was rendered adverse to the property owner(s) ; and, WHEREAS, the City of Delray Beach, through the City Administra- , tion or such agents or contractors hired by the City Administration was I therefore required to and did enter upon the land (s) described in the ; list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, I WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That assessments in the individual amounts as shown I by the report of the City Manager of the City of Delray Beach, involving I the City's cost of abating the aforesaid nuisances upon the lots or I parcels of land described in said report, a copy of which is attached i hereto and made a part hereof, are hereby levied against the parcel (s) I ¡ of land described in said report and in the amount(s) indicated thereon. I Said assessments so levied shall, if not paid within thirty (30) days I after mailing of the notice described in Sec. 3, become a lien upon the I I respective lots and parcel(s) of land described in said report, of the I' same nature and to the same extent as the lien for general city taxes I and shall be collectible in the same manner as mortgages and fore- t t closures are under state law. I I ¡ ! Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are ¡ levied. i Section 3. That the City Clerk of the City of Delray Beach is , hereby directed to immediately mail by first class mail to the owner(s) I of the property, as such ownership appears upon the records of the , County Tax Assessor, notice{s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 83-96 ! \ , I ._~ ..'--'~- - --.-- - .-.... -- - -.... ._.. - - - --- - ..-... - - ...-- _. , - - I accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained i herein shall become due and payable thirty (30 ) days after the mailing I date of the notice of said assessment(s), after which a lien shall be I placed on said property (s) , and interest shall accrue at the rate of I eight (8) percent per annum plus, if collection proceedings are I necessary, the costs of such proceedings including a reasonable I I ! attorney's fee. ì ; Section S. That in : the event that payment has not been received by the City Clerk within thirty (30 ) days after the mailing I I date of the notice of assessment, the City Clerk is hereby directed to ¡ t record a certified copy of this resolution in the public records of Palm ¡ Beach County, Florida, and upon the date and time of recording of the i certified copy of this resolution a lien shall become effective on the i subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's ! fee. I PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: , ¡ i City Clerk i ! I ¡ I . I t I ¡ I, I I II , I i i , - 3 - Res. No. 83-96 I I i I; COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY & S 75 FT ATUNE ENTERPRISES, INC. $ 69.00 OF BLK 39, PB 1, P 3, 3477 JUPITER BLVD. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM PALM BAY, FL 32909-4102 BEACH COUNTY, FL (315 SW 3RD STREET) TOWN OF DELRAY, LOT 16, GRACE BARNETT $ 61. 00 BLK 35, PB 1, P 3, 1401 39TH STREET 70.00 (ADM. COST) PUBLIC RECORDS OF PALM WEST PALM BEACH, FL BEACH COUNTY, FL 33341-5217 (309 NW 1ST STREET) ATLANTIC GARDENS DELRAY EVELYN CLINTON $ 61. 00 LOT 19, BLK 10, PB 14, 114 SW 14TH AVENUE 70.00 (ADM. COST) P 63, PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (SW 10TH AVENUE) DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 125.00 BLK 8, PB 8, P 56, 1012 NE 3RD AVENUE 60.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (1012 NE 3RD AVENUE) SUB 17-46-43, E 50' OF JAQUEL DAWSON $ 62.75 W 583' OF 140' OF N 165' C/O ANNAS RETREAT 70.00 (ADM. COST) OF N 1/2 OF NW 1/4 OF ESTATE TUTU SW 1/4, PB 1, P 3, ST. THOMAS, FL 33462 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1404 NW 2ND STREET) WEST SIDE HEIGHTS, DELRAY, HATTIE HARDWICK, EST $ 61. 00 LOT 4, BLK C, PB 13, P 61, c/o G. QUAIL 70.00 (ADM. COST) PUBLIC RECORDS OF PALM P.O. BOX 7043 BEACH COUNTY, FL NEW YORK, NY 10150-1908 (322 SW 5TH AVENUE) TOWN OF DELRAY, N 50' OF ADELENE JENKINS $ 69.00 S 356.4' OF E 136' OF 336 SW 5TH AVENUE 70.00 (ADM. COST) BLK 24, PB 1, P 3, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) - 4 - RES. NO. 83-96 ATLANTIC PARK GARDENS, LENNARD & MEARLENE JOSEY $ 24.00 DELRAY, LOT 19, BLK 4, 505 SUNSET ROAD 70.00 (ADM. COST) PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33015 RECORDS OF PALM BEACH COUNTY, FL (226 & 228 SW 12TH AVENUE) SOUTHRIDGE, P 1, LOT 29, MALCOLM LEVY $ 59.00 BLK 1, PB 13, P 38, 1601 MARINA ISLE WAY #302 70.00 (ADM. COST) PUBLIC RECORDS OF PALM JUPITER, FL 33477 BEACH COUNTY, FL (321 STERLING AVENUE) TOWN OF DELRAY, S 150' FRED D. MCCOY & $ 99.00 OF W 135.5' OF BLK 26, AMERIFIRST 70.00 (ADM. COST) PB 5, P 64, PUBLIC 17500 NW 68TH AVE. #210 RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 COUNTY, FL (415 NW 2ND STREET) ATLANTIC PARK GARDENS, J.D. & EARLINE MONROE $ 51.00 DELRAY, LOT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST) PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714 RECORDS OF PALM BEACH COUNTY, FL (39 SW 13TH AVENUE) ATLANTIC PARK GARDENS, WILLA M. NIXON $ 24.00 DELRAY LOT 18, BLK 4, 292 CHESSER 70.00 (ADM. COST) PB 5, P 56, PUBLIC HAWTHORNE, FL 32640 RECORDS OF PALM BEACH COUNTY, FL (222 SW 12TH AVENUE) OSCEOLA PARK, E 15TH OF J.L.& MARGARET PATTERSON $ 15.00 LOT 2, BLK 5, PB 3, P 2, 4517 TENELLA ROAD 70.00 (ADM. COST) PUBLIC RECORDS OF PALM NEW BERN, NC 28562-7643 BEACH COUNTY, FL (SE 5TH STREET) LAKE FOREST SOUTH, LOT 46, PHENIX DEVELOPMENT CORP. $ 185.00 BLK 1, PB 43, P 152, OF BROWARD CO. 70.00 (ADM. COST) PUBLIC RECORDS OF PALM CARLOS M. GONZALES R/A FOR BEACH COUNTY, FL 1700 N. UNIVERSITY DRIVE (4155 NW 10TH STREET) CORAL SPRINGS, FL 33071 TOWN OF DELRAY, LOTS 7 WILLIE M. RICHARDSON $ 51.00 & 8, BLK 36, PB 5, P 38, c/o DOROTHY REEDER 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 7 PATTON STREET BEACH COUNTY, FL ISELIN, NJ 08830 (34 NW 3RD AVENUE) - 5 - RES. NO. 83-96 · . CARVER MEMORIAL PARK SUB. JULIA SIMMS $ 61. 00 LOT 2, BLK A, PB 2 0 , P 56 204 N.W. 13TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (204 N.W. 13TH AVENUE) FAIRCREST HEIGHTS AMND YOLLY P. VERZOSA $ 51. 00 PLAT, LOT 53, PB 42, P 68. 1090 AMSTERDAM AVE. # 7K 70.00 (ADM. COST) PUBLIC RECORDS OF PALM NEW YORK, NY 10002-8103 BEACH COUNTY, FL (2147 S.W. 36TH TERRACE) ATLANTIC GARDENS DELRAY, E. & HENRY WILSON $ 51.00 LOT 23, BLK 6, PB 14, P.O. BOX 1678 70.00 (ADM. COST) P 63, PUBLIC RECORDS DELRAY BEACH, FL 33447 OF PALM BEACH COUNTY, FL (142 SW 11TH AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE - 6 - RES. NO. 83-96 .. 1\ ¿'ì,- J £ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE },} " . Cd' . UELil.\Y BEACìí. FLORlD/\. 3344·\ F..-\ t ::, t;" i ~ ,¡ ,¡ i ..~ ,; .~ ,;.": > Writer's Direct Line: (407) 243-7091 DELRA Y BEACH f 1 0 II I D A ....... AII·America City MEMORANDUM " II J! DATE: November 13, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Younginger v. City of Delr1:\Y Beach and Richard Jacobson Our office has received the above-named lawsuit which arises from an arrest of Mr. Y ounginger on August 20, 1994. Due to a conflict, our office requests the appointment of Jim Barry of Adams, Coogler, Watson & Merkle to defend the City and Fred Gelston of Damsel & Gelston to defend Officer Jacobson. The hourly rate is $100.00 per hour. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the November 19, 1996 consent agenda for City Commission ~ SAR:jw cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Eric Hightower, Police Legal Advisor young3.sar '8. N ® P'-'1/"'1 .'n n;::'l'}r¿~lf-?ri ,_.1 "..l '_' _,,' ." MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tflC/1 SUBJECT: AGENDA ITEM # 'Z.O. - MEETING OF NOVEMBER 19, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 15, 1996 Attached is the Report of Appealable Land Use Items for the period November 4 through November 15, 1996. 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. ,. j/ Li/\ ·~/I [" r ìi¡¡JJJJlf_.!ijíííJ!¡¡J'~'l!j~JJ~'" .... ······························..GII[I}·.IIII·II·1981 ... 1I·..mmm·m·M·llIIŒ.ml....· ·11···'·....················,····,·················· 1--1. TO: DAVID T. HARDEN, CITY MANAGER ~~ \ , . '\ F. \ , THRU: DIANE DO~INGUE . DIREC~ ~* DEPARTMENT OF PLANNIN~~D z6NING ( tJ Il¡~ ya] ;JL</ì ()ftÞ~ FROM: IASMIN ALLEN, PLANNER SUBJECT: MEETING OF NOVEMBER 19,1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 4, 1996 THRU NOVEMBER 15, 1996 1'::::""::':::::::::::::::':..:':::;::::-:::::1100'-11::::111111001:1:::11:::11:1:::1111'-11111:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::':::::::::::::::::,:::1 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 4, 1996 through November 15, 1996. I.................. ..:.... H!.... "1' r.... H........·.. ·.I:I::!" H............ ..¡.......... ·11111111"'11.... ·rr.......... H... ¡................................................................. H...... "I 1:1,1:,:,:,:,:,:,:,:,,':''''''111:11,:,:,:,:,:,:,:,:,:,:1:,,':1"::,,::,,:,:::::,:::,:,:::::,:::,::::::,,:,:::"':':':':':':':':':':':':':':':::::':::::':::::':':':",:,:,:::,:,:::::U·,..::·..:::Q':..'·K··..·S·::···8·:"·0":··'U·:':".·"".·:"·:'::::'::':::':':':':::':':::::':::::::':::::':::':':"':':::::::::::'::::::::':::'::':::':':':':':::':':::':':::':':::::':::':':':':::':':':':::::':::::':::::':::':':':"':':':':': ...........................................................................................................,.......................................................................... . . ...... '. ..... ,', ,", ...............................................................................................................................'.'................................................... .................,......................................................................... ... ... . .......................................................................................... ............................................................................................ . . .. ........................................................................................... ;::::::::::::::::::::::;:;:;;::;;:;:::::::::::::::::::::::::::::;:;:::::;:::;:::::;:::::::::::::::::::::::::;:;:;:;:;:;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;::.:..':':'::;::"':':"':::'.':::'..:.:...:.:.:.:::...:::.....:::.:...:.:...:::...:...:.:.::::::::::;:::::::::::;:;:::::;:::;:;:;:::;:;:::::;:::::;:::;:;:::;:::::;:;:::;:;:::;:::;:;:::;:::::;:::::::::::::::::::::::::::::;:::::;:::::::::;:::;:::::::::::::::::::::::;:::;::: 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 November 19, 1996 Page 2 1:::::::::::;;::::;:;;:;;:;:;::1.11;111:;:1111::111'.;;;;11111::;;:;::::;::;;::::::;:::::::::;:::::::;;;;::::::::::.;:::::;:;;;;::::;;:::::;::::;:::::;:::::::::::::::::;;;;;::::;:::;::;::¡:I ....................................... ..................... .................................................................................................................................................................................... No Regular Meeting of the Board was held during this period. iiJ_ A. Approved (6 to 0), the color palette, awning and railing addition for Cas a Playa, an 11 unit residential development, located on the east side of A-1-A, approximately 500 feet south of Linton Boulevard. B. Approved (4 to 0, Sheremeta and Carter stepped down), the landscape plan and architectural elevation plan for the Levy SAD, located on the east side of South Federal Highway between Avenue F and Avenue G. The site plan was previously approved by the City Commission as a part of the SAD rezoning. C. Approved (6 to 0), the architectural elevation for the Veteran's Park ticket booth for the Ramblin' Rose Riverboat. D. Approved (6 to 0) the architectural elevation for the addition of a sculpture at the Ocean Rescue Headquarters at Anchor Park. E. Approved (6 to 0), the site plan, landscape plan and architectural elevation plan for TLC Christian Academy, a proposed child care facility located on the west side of N.W. 2nd Avenue, between N.W. 3rd Avenue and Lake Ida Road. F. Approved (6 to 0), a minor site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,620 sq. ft. vehicle preparation building for Sherwood GMC Truck, located on the west side of South federal Highway, approximately 600 feet north of Fladell's Way. Concurrently, the Board waived the requirement to provide the sidewalk along Dixie Highway. City Commission Documentation Appealable Items Meeting of November 19, 1996 Page 3 1::::IJIîf:IRJI::::êlíl..IIII::::IIIII:::1111111:::1;:::"11.1111:::1;:::1:1.11.::::::::::::::::':·:1 ...................',",.........,.,'.,.,""',..,...',.,",.."""""""""".""""",.""",.....,...."..""""...".......,..""""""",...,.......,..,.....'",....,..',....,..."....,...,.'""."",..""..,.."",.""", 1. Approved (5 to 0), a request for a Certificate of Appropriateness, associated with the installation of a new sign at the Back Room Bar, located on the south side of Atlantic Avenue, east of Swinton Avenue. There were no other appealable items. The following item which was considered by the Board will be forwarded to the City Commission for final action. . Recommended on a 5 to 0 vote that the Sandoway House located at 142 South Ocean Boulevard be designated as historic and listed in the Local Register of Historic Places. I::::,:::,,:.":'::::,:::,::::,::::,::,:::,:::::::::,::,::,:::::::,:'::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::11111111111:::::::::111111::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::~:::::::::::::::::::::::::::::::::::,::'::::::::::::::1 By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF NOVEMBER 19, 1996 L-30 CANAL -,.... .a...-._._. 0 œ .... < :;) 1;j Z ...J ~ 6 < () ...J Z :;¡: 0 .... œ z .... - 1i ~ VI 0 LAKE lOA ROAD a:: >l (,) 1i ~ ŒI NW 2 ST A TLAN TIC A VENUE SW 2 ST ATLANTIC AVENUE ~ < \XI ... 0 ;t ;t a:: ~ VI VI W ...J :;) 0 LOWSON BOULEVARD m 0 ~ .... ~ 0 J: :z ...J ~ < ..: a:: .... z ~ (,) ..: 0 (,) ::; u ..., 51 ;::: I :z .... < ;=! < L-38 CANAL C-15 CANAL CITY LIMITS _I""""'<V".... - - - S.P.R.A.B.: H.P.B.: A. - CASA PLAYA 1. - BACKROOM BAR MILE B. - LEVf SAD (SPECIAL ACTIVITIES DISTRICT) I I C. - VETERANS PARK TICKET BOOTH I (FOR THE RAMBLlN' ROSE RIVER BOAT) SCALE D. - OCEAN RESCUE HEADQUARTERS AT ANCHOR PARK N E. - TLC CHRISTIAN ACADEMY F. - SHERWOOD GMC TRUCK CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- OIG/TAL SASE MAP SYSTE:M -- . . . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSI1\IILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F lOR I D A -...e.d AII·America City MEMORANDUM 1 ~ III! DATE: November 14, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Second Amendment to Agreement Between City, County and CRA Regardi~ Courthouse Property In essence, the Second Amendment to the agreement provides that the CRA need not convey Parcel 3, fronting on Atlantic A venue to the County. Parcels 1 and 2 shall be conveyed by the CRA to the County, if required by the County, no later than the year 2000. Upon the conveyance of Parcel 2 to the County, the CRA will create a pedestrian walkway connecting Parcel 2 with the current courthouse property. The City agrees that the conceptual plan meets the Land Development Regulations on a preliminary review basis, and agrees to accommodate any stormwater beyond which the County's design can accommodate. If the CRA conveys Parcel 1 and lor 2 to the County, the CRA may request a parking garage be built rather than a surface parking lot, and the County will consider the request. Subject to the City Manager's approval of the stormwater and utilities issue. park.sar ® PonIed on Recycled Paper f·P ,. ~ Community '-1.1 Redevelopment _a Agency Delray Beach HOV, . f996 (liTV ^ß.HI ___ November 13, 1996 . -'., f)C¡::¡r:r Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: South County Courthouse Agreement Dear Dave: Attached is the latest revision to the South County Courthouse Agreement. Please note the minor wording changes to Paragraph D on Page 3. This Agreement will go before the CRA Board for approval on Thursday, November 14th. I would appreciate your putting it on the City Commission agenda for uesday, November 19th. If you have any questions, please call me or Susan Ruby. Christopher J. Brown Executive Director /d Attachment cc: Susan Ruby, Esq., w/attachment 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558 EXHIBIT lit" ..........---...__.................._..*......*.....**........**- P1LK BEACH CODBTY RBAL PROPBRTY LICBNaB AGRBBHB~ between PAL)! BUCK COtnr.rY, FLORJ:DA a POlitical subdivision of the state of Florida and (Licensee) -*.-...----..-..**-_....._---......_---.......*-**....-*.*--_.... . :~..-=-- the property, with II marketable title policy insuring the County's interest in the property in an amount equal to the assessed value or the Agency's acquisition cost 'of such Parcel whichever is greater. (C) . Upon the CRA's conveyance of Parcel 2 to the County pursuant to written request under this Agreement, the CRA agrees to provide at the CRA's expense, a pedestrian accessible, lighted sixteen foot (16') in width walkway along the alley lying immediately to the south of Parcel 3, connecting Parcel 2 with S.W. 2nd Avenue, together with such required crosswalk improvements as shall be required by the City of Delray Beach's Land Development Regulations and Code of Ordinances. ( D). The Agency is currently obligated to convey Parcel 3 to the County. The County and the City have determined that the County can expand the South County Courthouse facility by an additional 75,000 square feet and provide adequate parking and circulation under the requirements of the Delray Beach Land Development Regulations and Code of Ordinances in force as of this ~ date without utilizinq the property i~parcel 3. ~~i ;¡;.. ~ ~, œ~ ~ '. . . u:::::; ~=-:'!¥I r .. . - "U_!II!II!=~:~::-~ ~'( ~.,.. . t ...... "'. .-. ..- ~'-'~11@ ~ EiI:!. ~'";!Jr .~....t~! "~1_1Z')~~\~~.J..2.:..8'~'~':":~~'::;'bi·)(;'t.........· ." . . , II.... :. ¡"I" ~ w. ~, . ,,__.. ._....._ ... .w.... ... ........ ...."'"""................. '~_-CïIF-..,..~ ,...... .; "J;I ~ .. _...Ii........ .... .......t .r!¡ ~ ~ . . . . fØJ....ñ5..~..·_~~~;~_ '.'" -:~"- ....~~ - - =, ··_tU#~§_~tm~· 'P." " . '. IS _ .__._~_~_.!!!... __. _._ ":':~. ___~;,mi: ~ ..__ . ~'.' _~ l·r~~~_~~q~~1r.,·· g ._ .. .. . .. .,...... ......:.... ........ ................ _.. _1:...f.__;.:i....;'·_~~··, ':Jig !'IF-5Ê"m_~"~.~,ì~ lj..it1iIi~~~r!!t~"tl.~Šß~~¡ The ... I ,_.. .,.............~'=D ........... ~_.. County hereby releases the CRA from any obligation to convey Parcel 3 to the County pursuant to this Agreement or any prior version thereof. The City hereby agrees that any Site Plan approvals, building permit applications or other development approvals required on the property on which the South County Courthouse and parking lot is currently constructed and on all property conveyed pursuant to this Interlocal AlJreement, as amended, shall be CI\doo.\oll.n~.\or.\oourthou....gr 10-1-" 3 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY This Second Amendment to that certain Interlocal Agreement dated August 12, 1986, as amended by the First Amendment dated August 17, 1993, is made and entered into between Palm Beach Coun'ty, hereinafter called "Coun'ty", a political subdivision of the State of Florida, and the C!'ty of Delray Beach, hereinafter referred to as "City·, a municipal corporation existing under the laws of the State of Florida, and the Delray Beach Community Redevelopment Agency, hereinafter referred to as "Agency· , an agency established pursuant to Florida Statute Section 163 Part III. WIT N E SSE T H: WHEREAS, the City, Agency and County entered into an Interlocal Agreement on the 12th day of August, 1986; and WHEREAS, the said Interlocal Agreement was amended by a First Amendment thereto dated August 17, 1993; and WHEREAS, pursuant to said Interlocal Agreement the County constructed a courthouse and other governmental facilities; and WHEREAS, it is the County's intent to expand the above described South County Courthouse's facilities and services which will require the occupation and improvement of additional property as depicted on the sketch attached hereto as Exhibit "A" ; and WHEREAS, the Agency has heretofore acquired title to that real property described as Parcel 2 and Parcel 3 on Exhibit "Au; and WHEREAS, the needs of the County and the Agency have changed since the Interlocal Agreement was amended; and WHEREAS, the County and the Agency wish to amend the Interlocal further to reflect the current needs and long-term plans of both parties. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree that the Interlocal Agreement is amended in its entirety to read as follows: l. (A). The Agency agrees to acquire and subsequently CI\doca\c11enta\cra\courthouae.agr 11-12-96 convey to the County, at no cost to the County, the property described as Parcel 1 on Exhibit "A", upon having received one ( 1) year advanced written notice from the County requesting such conveyance. The parties hereby agree that the County shall not provide written notice to the Agency prior to January 1, 2000 for the conveyance to the County for Parcel 1 and in the event such written request shall not have been delivered by December 31, 2000, the Agency shall be under no further obligation to acquire Parcel 1 or to convey Parcel 1 respectively to the County. In the event such request shall be delivered by the County to the Agency, the Agency shall convey to the County such property by Warranty Deed free and clear of all liens and encumbrances whatsoever with the exception of those which have been approved in advance by the County. The Agency shall supply the County at Agency's expense, at the time County takes possession of the property, with a marketable title policy insuring the County's interest in the property in an amount equal to the assessed value or the Agency's acquisition cost of such Parcel whichever is greater. (B) . The Agency agrees to acquire and subsequently convey to the County, at no cost to the County, the property described as Parcel 2 on Exhibit "A", upon having received one (1 ) year advanced written notice from the County requesting such conveyance. The parties hereby agree that the County shall provide written notice at any time to the Agency prior to December 31, 2000, for the conveyance to the County for Parcel 2 and in the event such written request shall not have been delivered by December 31, 2000, the Agency shall be under no further obligation to acquire Parcel 2 or to convey Parcel 2 respectively to the County. In the event such request shall be delivered by the County to the Agency, the Agency shall convey to the County such property by Warranty Deed free and clear of all liens and encumbrances whatsoever with the exception of those which have been approved in advance by the County. The Agency shall supply the County at Agency's expense, at the time County takes possession of C'\docs\clients\cra\courtbouse.agr 11-12-96 2 the property, with a marketable title policy insuring the County's interest in the property in an amount equal to the assessed value or the Agency's acquisition cost of such Parcel whichever is greater. (C) . Upon the CRA's conveyance of Parcel 2 to the County pursuant to written request under this Agreement, the CRA agrees to provide at the CRA's expense, a pedestrian accessible~ lighted sixteen foot (16' ) in width walkway along the alley lying immediately to the south of Parcel 3, connecting Parcel 2 with S.W. 2nd Avenue, together with such required crosswalk improvements as shall be required by the City of Delray Beach's Land Development Regulations and Code of Ordinances. (D) . The Agency is currently obligated to convey Parcel 3 to the County. The County and the City have determined that the County can expand the South County Courthouse facility by an additional 75,000 square feet and provide adequate parking and circulation under the requirements of the Delray Beach Land Development Regulations and Code of Ordinances in force as of this date without utilizing the property in Parcel 3. Furthermore, the City acknowledges that the County's conceptual layout, attached as Exhibit liB, " meets, on a preliminary review basis, the City's current land development regulations including setbacks, landscaped islands, parking requirements, and other design items. In addition, the County's intent is to accommodate on-site stormwater requirements to meet water quality standards of the South Florida Water Management District through an underground exfiltration system. The City agrees to accommodate any stormwater beyond which the County's design can accommodate. The County hereby releases the CRA from any obligation to convey Parcel 3 to the County pursuant to this Agreement or any prior version thereof. The City hereby agrees that any Site Plan approvals, building permit applications or other development approvals required on the property on which the South County Courthouse and parking lot is currently constructed and on all property conveyed pursuant to this Interlocal Agreement, as amended, shall be reviewed based upon the CI\docs\clients\cra\courthouse.aqr 11-12-96 3 -" Delray Beach Land Development Regulations and Code of Ordinances in existence as of this date. The City further agrees and acknowledges that the County's obligation to upgrade the parking lot on its current South County Courthouse campus to the standards required by the Delray Beach Land Development Regulations and Code Ordinances currently in effect shall not be required until the County shall commence the construction of an additional building or structure on said lands. (E) . In the event the Agency is dissolved, is deauthorized or ceases to exist for any reason, then, in that event the City shall assume all rights of the Agency and agrees to undertake and fulfill all of Agency's obligations under this Agreement. 2. City agrees to initiate and complete the processing of all necessary changes to the City's Comprehensive Land Use Plan to make these proposed projects consistent and in conformity with the city's code of laws and ordinances. The County shall be required to submit the proposed project for development review pursuant to the City's normal review process. The City agrees to expedite the review of such submittals. 3. The Agency, at its election, may demolish the structures existing on the property described in Parcel 1 and/or Parcel 2, or both as set forth in Exhibit "All prior to the conveyance of such property to the County. In the event the Agency elects to demolish said structures, the County agrees to reimburse the Agency for the expense thereof, no later than the next fiscal year in whic h a budget for this reimbursement can be approved, provided the Agency has received the County's written approval of such costs prior to performing such demolition. Reimbursement to the Agency for the demolition costs, by the County, after the Agency presents documentation of actual expenditures in a form acceptable to the County, shall be made no later than sixty (60) days thereafter. 4. The parties hereby agree that in the event the County shall ever elect to dispose of its interest in any of the C.\doce\cliente\cre\courthoue..aqr 11-12-96 4 real property described in Exhibit "Au, the Agency shall have a right of first refusal to acquire such real property from the County. Prior to taking any action to dispose of the property, the County shall offer the property to the Agency "as is" at a purchase price equal to the fair market value of the improvements to the land made by the County (excluding land value). The County shall provide the Agency written notice of its intent to dispose of such real property together with an appraisal as to the said improvements to the lands and the Agency shall have a period of thirty (30) days to exercise its right of first refusal as hereinabove provided by giving the County written notice of such election. Closing shall occur ninety days (90) thereafter. 5. At the time the Agency conveys Parcel 1 and/or Parcel 2, or both, to the County, the Agency shall, simultaneously with the delivery of the Warranty Deed(s), notify the County in writing of the Agency's request that the County construct a multi- level parking garage rather than a surface parking lot on the property being conveyed. Such notice shall contain a description of what type of facility the Agency would like constructed, the number of spaces necessary and the amount of funding available to the Agency. During the ninety (90) days following such request, the County shall meet with the Agency to determine the feasibility of the County constructing a multi-level garage rather than a surface parking lot. At the end of the ninety (90) day period, the County shall notify the Agency of its election. The County shall not be obligated to build the facility requested by the Agency. 6. The City represents and confirms that water, sewer and storm drainage facilities are available at the street, contiguous to the properties, and there is adequate capacity to service one hundred fifty thousand (150,000) square feet of the courthouse and/or other governmental facilities at no cost to County. When utilities are available and present at the site, County agrees to pay all standard user charges pursuant to the City policy. 7. The parking lot constructed by the County may be C.\docB\c1ientB\cra\courthou.e..gr 11-12-96 5 available for after normal business hour use to the City and/or the Agency for special events pursuant to Real Property Temporary Use Agreements to be entered into between the County and the Agency administratively on the form attached as Exhibit ··C'I. The County agrees to not unreasonably withhold its consent for the City and/or the Agency's utilization of said parking. 8. (A). The City represents and confirms that there currently exist, or provisions have been made at no cost to County, for all necessary signalization on Atlantic Avenue (i) at the western property line of the Courthouse project, (H) at the intersection of the shared access driveway and Atlantic Avenue; and, ( Hi) for all necessary stacking and deceleration lanes and other roadway modifications to accommodate traffic associated with the development of the ten acre site in conjunction with the new public safety building. (B). The City acknowledges that adequate lighting of the ten acre facility is necessary to enhance the safety and security of individuals utilizing the site. The City agrees to allow lighting adequate for the purposes of the site, provided that such lighting shall comply with City Codes and Land Development Regulations. 9. The City agrees to initiate and process the abandonment of Southwest Second Avenue between Atlantic Avenue and First Street contiguous to any property actually conveyed by the Agency to the County pursuant to this Agreement; and any other abandonments requested by the County for alleyways or rights-of-way contained within the property to be conveyed to the County pursuant to Paragraph 1 of this Agreement. Said rights-of-way shall be conveyed to Palm Beach County as part of any conveyance of contiguous property or at such time as the County reasonably requests the abandonment. Such abandonment shall exclude such underground utility easements as the City shall require for existing underground utilities, provided however, that in the event the City receives notice from the County that the County intends to construct a structure(s) on such abandoned right-of-way where C.\dOc8\c1ient8\cra\courthou8e.aqr 11-12-96 6 underground utilities exist, the City shall at its sole cost and expense remove and abandon said underground utilities within six (6) months after having received written notice as above described from the County. The City shall provide County with a marketable title insurance policy in an amount equal to the fair market value of the property subject to the abandonment at the time the abandonment is completed. The City shall bear the full cost of processing all such abandonments. 10. The City and County have heretofore provided each other, at no cost, with the necessary easements to allow for joint access to the site to be shared by traffic generated by the courthouse project and the City's new public safety building. 1I. If in the sound discretion of the Chief Judge of the Fifteenth Judicial Circuit, there is an apprehension of inadequate facility security at the site, then upon written request of the Chief Judge, the City agrees to assign one full-time police officer to the security of the site and immediate surrounding areas, full time, extending from one hour before and continuing until one hour after the normal operating hours of the facility, at no cost to County. This security will continue to be provided by the City until such time that the Chief Judge is satisfied from statistics or any other circumstances that the site is adequately secure without the specific assignment of such a patrol officer by the City. 12. For the purpose of this Agreement, notices provided for herein shall be deemed sufficient when addressed to the following addresses and deposited in the United States Mail: a. Palm Beach County Office of the County Administrator 301 North Olive Avenue, Suite 1101 West Palm Beach, FL 33401 WITH A COPY TO: Palm Beach County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 b. City of Delray Beach Office of the City Manager 100 N.W. First Avenue Delray Beach, FL 33444 C.\doca\cllenta\cra\courthouae.sgr 11-12-96 7 c. Office of the Executive Director Delray Beach Community Redevelopment Agency 24 North Swinton Avenue Delray Beach, FL 33444 WITH A COpy TO: Robert w. Federspiel, Esq. 501 East Atlantic Avenue Delray Beach, FL 33483 This Agreement shall be null and void if not signed by all parties by , 19 . Date Chair, Ken Foster Palm Beach County Date Dorothy H. Wilken, Clerk Palm Beach County Date CITY OF DELRAY BEACH BY MAYOR ATTEST: CITY CLERK CITY OF DELRAY BEACH Date Witness John Weaver Community Redevelopment Agency APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney CI\doca\cl1enta\cra\courthouae.agr 11-12-96 8 ~ EXHIBIT L II A" AT.LANTIC A V E N U E w w :::> :::> z z w w > 0 > « « 0 I- Z (/) N ...... . 0 . 3: 3: . (/) (/) s. W. 1 S T S T R E E T I I ~ -EXHIBIT A- L£G[HQ: ~ ._cu IPOO@IP§!ID'¡¡"U ,ß@@I!!Iß@ß'jj'ß@œ ~,ßIP ø U-U··~"·.I..".'" @ 1,..J,........-el-05.a-'" North ¡;¡@I!BVC3 @@I!BWVV @@l!BOOvc:J@I!B¡;¡œ ~c:Jb\¡;¡æ DO «> II-·J-..-'.·.·....,-... (!) .,.......__..-..-..,...... .... EXHIBIT "B" ._..... ......_ CONCEPTUAL LAYOUT III III I I I I I I III III I I III III I I I I I I I : : I 1 I : 1:1 I I I III I I III III I I I I I I I I : I ~ I ,.I J I i.J II~ íii ~ 11"i ~ l!t 1;1 I II"~ ~ I I ;¡ I if I II Ii I I ~ I? ,., I .. I ¡ I I~ I; \II I ' ; : I : : I ~:::::::::O I: I: II I I III :. !!:O::::::::'~=:L! I I I I I I I : II I: : I O::::::::,~ I : 1:1 I I JI III, III L ! II j l: o:::::m~~::::nmo : i '~\ It ,,,", .... \\ - - / '- - - - I:Y.TonfJIm- - - - - \ - - - = -=-=-=-Df.J!n~ - -=- =-= --------- ...... --, I /-------------- C:;? - c¡ ----------------- l'll 1- :: i'llI :: tl· I : : I II 1:1: -I II · . III I ¿S' ¿ 'I .} . II' . I I I I I IE. I I I I } I I I . I I :I" ) . . III I ^ 'l ~ / I I II / ,v ~ / ç-'\ I / , / I I . ' I I I I ¡r----nrl---' I I , : : : I /lê3t', LJrl I r-------ï I I . I I I / LF....:U, I I I I I I I / "I I I I I I ¡ III I I / " I L I I ; I I I )/ Ii ", I I I I I I I I ( iI > I 1 ; I I I I " (I I Iu I· I III I I I ", /1 I 3~iI I III I I I, / I I I I . I I I I I, / I I I I I I I I L__:" £__-1 I I I I I " JI:I: I:' "v/ I: ~:, I II : : : : l.._______~ : 111 I I I i I I ..~ I . U I U - - - -=- - - - ----- I ____~~~~~~~~- ; _ _ _ _ _ _ -~ ____=-~--=-::.=:l-- - _ - _ - - - - I . . . J ~ I. ...., ....... n. ...-." ,."O..lECTI ldICIIABL B. SCIIORAH - = ~. ..':.:::. . 0". --- ..... ....- SOUTH COUNTY COURTHOUSE '" ASSOCJATPS, INC. . I _____ . .......... ~ . ~ - c:;: DrICRI"TlDNa ::== ..... SITE PLAN _-:"'-:;"".-L"'=_ , - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # fQ - MEETING OF NOVEMBER 19, 1996 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 15, 1996 This is before the Commission to approve the award of the follow- ing bid: 1. Bid award via Palm Beach County co-op bid to various vendors for chemicals and fertilizers, in the estimated annual amount of $126,339.61 from 445-4714-572-52.26. 1. Purchase award via Florida Sheriff's Association Cooperative Bid for the purchase of three new vehicles for the Police Department/Marked Patrol Division from Dan Reid Ford, Inc. in the amount of $68,103.00, with funding from 001-2119-521-64.20. · \ \ \ , \ Agenda Item No. : B'Q/ AGENDA REQUEST Date: November 11, 1996 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: November 19, 1996 Description of agenda item (who, what, where " how much) : Bid Award - Bid #96-63 - Co-oP Bid - Chemicals And Fertilizers - Annual Contract. Award to various vendors at an estimated annual cost of $126.339.61 for the City of Delray Beach. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Award to various vendors at an estimated annual cost of and Recreation Department Beach Golf pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ N Funding alternatives. M (if applicable) Account No. & Description: 'lfl¡¡'~ 1(7/V- >77 - <;)Z,f£ 6Z>lr rc ~,;2ÆS / Account Balance: ~¥ I/Ir,)/~'£ 6'Î1vi-tfcY' N~'- ç..,f'R¡l"<; ) City Manager Review: Dtt1 Approved for agenda: @/ NO Hold Until: . Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN DUM TO: David Harden, City Manager FROM: JackIyn Ro:ney, Senior Buyer ~ THROUGH: Joseph saf~~nance Director DATE: November 11, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 19, 1999 - BID AWARD - BID #96-63 CO-OP BID - CHEMICAL AND FERTILIZERS - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to make multiple awards to low responsive bidders as stated below, at an estimated annual cost of $126,339.61. Background: The City of Delray Beach is the lead organization for this Palm Beach County Co-operative Bid. Bids were received on October 08, 1996, from fourteen (14) vendors, all in accordance with City purchasing policies. (Bid #96-63. Documents on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The participating entities of this Co-op Bid have reviewed the bids and recommend award to low responsive bidders, as highlighted on tab sheet. The City of Delray Beach Parks and Recreation and Golf Course staff have also reviewed the bids and concur with the award recommendation to vendors listed below: Vendor: Estimated Amount: Lesco Inc. $ 39,787.50 Terra 34,509.61 Helena Chemical 23,250.50 Howard Fertilizer 11,650.00 Gold Kist Inc. 10,647.50 Harrell's Inc. 4,508.00 Regal Chemical 966.50 DuCor International 850.00 Atlantic FEC 170.00 Total Estimated Annual Cost $126,339.61 ? Q.I. Recommendation: Staff recommends award to various vendors as outlined above. Funding from the departments operating expense budget. Attachments: Memo To Co-op Members Award Recommendations Per Item City of Delray Beach Requirements Tabulation Of Bids cc: Joe Weldon Ray Eubank Brahm Dubin Tom Arendt Co-op Members [ITY DF DELRAY BEA[H OElRAY BEACH f I 0 . I 0 ... tze.d 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407/243-7000 All-America City , III I! November 06, 1996 1993 Members Of Cooperative Purchasing Council Of Palm Beach County RE: Bid 1/96-63 "Co-op Bid Chemicals And Fertilizers" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the City of Delray's recommendations for bid awards broken down per item number for Chemicals and Fertilizers. The City of Delray Beach is recommending award to low bid per item. In case of tie bids, each entity shall award based on vendor locations. In case of minimum shipping requirements as stated by vendor(s), each entity may choose to award accordingly to their quantities and shipping minimum size requirements. If award recommendations are not acceptable, please advise ASAP, as the City of Delray Beach plans to award this bid at our City Commission meeting of November 19, 1996. If you have any questions, please contact me at (561) 243-7163. ~~ Senior Buyer cc: City of Boca Raton City of Lake Worth Town of Palm Beach City of Boynton Beach City of Greenacres Solid Waste Authority City of Belle Glade Village of Royal Palm Attachments: Award Recommendations Tabulation of Bids @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS CITY OF DELRAY BEACH AWARD RECOMMENDATION CO-OP BID CHEMICALS AND FERTILIZERS BID #96-63 CHEMICALS: Item Item Unit # Description Vendor Price Comments - 1. Award Helena Chemical $ 5.60 lb. Tie Bid With Terra - Award to Helena - Terra $ 5.00 lb. (closest to Delray) 2. AMA+2-4-D Regal Chemcial $ 14.25 gal. Sole Bidder 3. Aqua-Gro L Lesco Inc. $ 17.60 gal. Low Bidder 4. Barricade Terra $ 37.45 lb. Low Bidder 65WG 5. Basagran Lesco Inc. $ 63.25 gal. Low Bidder 6. Blazon SP Du Cor $ 21.25 gal. Tie Bid - Award to (or equiv) International DuCor (closest to Delray) Gold Kist, Inc. $ 21.25 gal. 7. Bayleton Terra $ 2.75 lb. Low Bidder 8. Bivert Terra $ 11.00 gal. Sole Bidder Sticking Agent 9. Buffer Control Gold Kist Inc. $ 13 . 65 gal. Tie Bid - Award to Du Cor (closest to Du Cor Intrn. $ 13 . 65 gal. Delray) 10. Chipco 26019 Terra $ 88.40 gal. Low Bidder 11. Crusade Lesco, Inc. $ .85 lb. Low Bidder 12. Daconil 2787 Terra $ 35.30 gal. Low Bidder 13. Defoamer Parkway Research $ 10.00 gal. Low Bidder Non-Toxic 14 . Dithane 45 WP Terra $ 2.62 lb. Low Bidder 15. Dursban Plus No Bids Received 16. Dursban 2.5% Lesco Inc. $ .59 lb. Low Bidder 17. Dursban Pro Helena Chemical $ 38.10 gal. Low Bidder Item Item Unit # Description Vendor Price Comments - 18. Dursban Lesco Inc. $ .42 lb. Low Bidder Cricket Bait 1% 19. Fire Ant Gold Kist Inc. $ 6.00 lb. Low Bidder Amdro Bait (grandular) 20. Finale Terra $ 45.66 gal. Low Bidder Herbicide 21. Garlon 4 Helena Chemical $ 72.50 gal. Low Bidder 22. Gro Safe Terra $ .49 lb. Low Bidder Activated Charcoal 23. Illoxan 3EC Terra $ 96.18 gal. Low Bidder 24. Image Lesco, Inc. $185.95 gal. Low Bidder 25. Kerb 50W SP Helena Chemical $ 20.50 lb. Low Bidder 26. L1700 Parkway Research $ 16.00 gal. Low Bidder Surfactant Penetrant 27. Lemwet Helena Chemical $ 7.50 gal. Low Bidder 28. Mocap lOG Helena Chemical $ 1. 4 8 lb. Tie Bid With Terra award to Helena (closest to Delray) 29. MSMA 6.6 Helena Chemical $ 16.20 gal. Low Bidder 30. Nemacur 10Q Terra $ 2.39 lb. Low Bidder - Parkway bid a substitute item 31. Nemcaur (3) Terra $ 64.15 gal. Low Bidder (Liquid) 32. Oftanol Terra $ 56.70 gal. Low Bidder (Liquid) 33. Orthene TTO Lesco Inc. $ 8.25 lb. Low Bidder 34. pagaent DF Helena Chemical $ 12.00 lb. Sole Bidder 35. Pendulum Helena Chemical $ 34.00 gal. Low Bidder 3.3EC Item Item Unit # Description Vendor Price Comments - 36. Pre-M Terra $ 7.90 lb. Low Bidder 37. Primer 604 Regal Chemical $ 44.25 gal. Low Bidder 38. Primo Terra $319.98 gal. Low Bidder 39. Remedy Helena Chemical $ 74.50 gal. Low Bidder 40. Reward Helena Chemical $ 74.99 gal. Low Bidder 41. Rodeo Terra $ 87.90 gal. Low Bidder 42. Ronstar 2 G Regal Chemical $ 1.03 lb. Low Bidder 43. Round-Up Pro Helena Chemical $ 46.50 gal. Award to Helena as Terra and Gold Kist Stated Minimum a Shipping size of 30 gals. 44. Round-Up Atlantic FEC $ 48.50 gal. Low Bidder 45. Sencor Terra $ 25.79 lb. Low Bidder 75 T.H. 46. Sevin 80 WSP Gold Kist Inc. $ 4.20 lb. Low Bidder 47. Surflan Helena Chemical $ 64.62 gal. Low Bidder As T/O 48. Talstar WP Gold Kist Inc. $ 32.50 lb. Low Bidder 49. Talstar .2G Terra $ .56 lb. Low Bidder 50. Talstar Terra $220.00 gal. Low Bidder Liquid 51. Tank Gold Kist Inc. $ 3 .15 gal. Low Bidder Newtralizer 52. Tracker Dye Parkway Research $ 21. 00 gal. Low Bidder 53. Trimec Plus Gold Kist Inc. $ 25. 65 gal. Low Bidder 54. Triump 4E Helena Chemical $166.50 gal. Low Bidder 55. Wetting Agent Gold Kist Inc. $ 6.25 gal. Low Bidder CITY OF DELRAY BEACH AWARD RECOMMENDATION CO-OP BID CHEMICALS AND FERTILIZERS BID #96-63 FERTILIZERS : Item Item Unit # Description Vendor Price Comments - 1. 14-14-14 Howard Fertilizer $ .322 lb. Low Bidder 2. 24-5-11 Lesco Inc. $ .146 lb. Low Bidder 3. 22-5-7 Lesco Inc. $ .348 lb. Sole Bidder 4. 22-0-22 Lesco Inc. $ .19 lb. Award to - Lesco as low bidder - Howard - stated a minimum shipping requirement of 1 ton 5. 16-4-8 Gold Kist Inc. $ .109 lb. Low Bidder Premium 6. 6-6-6 Atlantic FEC $ .085 lb Award to Atlantic as Low Bidder-stated a minimum shipping requirement of 2 tons 7. 16-4-8 Howard Fertilizer $ .098 lb. Low Bidder (minimum w/minors shipping requirements elements 2 tons) 8. 16-4-8 ( liquid) No Bids Received 9. 21-0-0 Lesco Inc. $ .103 lb. Low Bidder 10. 10-10-10 Helena Chemical $ .098 lb. Low Bidder 11. 15-5-15 Atlantic FEC $ .1516 lb. Award to Atlantic Low Bidder - Gold Kist - does not meet specifications 12. 32-0-0 Howard Fertilizer $ .13 lb. Sole Bidder - (minimum shipping requirements 5 tons) 13. 20-20-20 Helena Chemical $ .52 lb. Low Bidder 14. Mi10rganite Helena Chemical $ .09475 lb. Award To Helena as Low Bidder - Gold Kist - bid a substitute item Item Item Unit # Description Vendor Price Comments - 15. 30-10-7 Lesco Inc. $ .80 lb. Sole Bidder 16. 17-1-10 Harrell's Inc. $ .245 lb. Low Bidder 17. 29-3-5 Howard Fertilizer $ .30 lb. Low Bidder - (minimum shipping requirement 2 tons) 18. 0-0-21 Gold Kist Inc. $ .0975 lb. Low Bidder 19. Manganese Helena Chemical $ .27688 lb. Low Bidder Sulfate 20. Magnesium Harrall's Inc. $ .098 lb. Low Bidder (Epson Salts) 21. 13-3-13 Lecso $ .153 lb. Low Bidder 22. 17-4-6 Gold Kist $ .151 lb. Low Bidder 23. 24-2-8 Lesco $ .13 lb. Low Bidder 24. 8-10-10 Atlantic FEC $ .122 lb. Low Bidder - (minimum shipping requirement of 2 tons) 25. 29-3-5 Scotts Company $ .81 lb. Sole Bidder 26. Liquid Lesco Inc. $ 4.35 gal. Low Bidder Micronutrient Soil Supplement 27. 18-4-8 Lesco Inc. $ .348 lb. Low Bidder 28. 8-0-8 Lesco Inc. $ .23 lb. Low Bidder 29. 16-4-16 Lesco Inc. $ .157 lb. Low Bidder 30. 13-2-13 Howard Fertilizer $ .18 lb. Low Bidder - (minimum shipping requirement of 2 tons) 31. 18-2-9 Lesco Inc. $ .28 lb. Low Bidder 32. 32-3-12 Lesco Inc. $ .193 lb. Low Bidder 33. 19-0-19 Lesco Inc. $ .312 lb. Low Bidder Item Item Unit # Description Vendor Price Comments - 34. 21-4-11 Howard Fertilizer $ .195 lb. Low Bidder - (minimum shipping requirement of 2 tons) 35. 5-10-7 Howard Fertilizer $ .466 lb. Low Bidder 36. 14-26-6 Lesco $ .363 lb. Low Bidder 37. 19-0-19 Lesco $ .19 lb. Low Bidder 38. 14-2-14 Howard Fertilizer $ .285 lb. Low Bidder (minimum shipping requirement of 1 ton) CITY OF DELRAY BEACH BREAKDOWN PER ITEM / PER DEPT. CHEMICALS: Item Item Unit Park's Golf it Description Vendor Price Dept. Courses - 1. Award Helena Chemical $ 5.60 lb. 840.00 2. AMA+2-4-D Regal Chemcial $ 14.25 gal. 142.50 3. Aqua-Gro L Lesco Inc. $ 17.60 gal. 4. Barricade 65WG Terra $ 37.45 lb. 5. Basagran Lesco Inc. $ 63.25 gal. 632.50 6. Blazon SP Du Cor Intr. $ 21.25 gal. 850.00 7. Bayleton Terra $ 2.75 lb. 206.25 8. Bivert Terra $ 11.00 gal. Sticking Agent 9. Buffer Control Gold Kist Inc. $ 13.65 gal. 10. Chipco 26019 Terra $ 88.40 gal. 2652.00 11. Crusade Lesco, Inc. $ .85 lb. 1275.00 12. Daconil 2787 Terra $ 35.30 gal. 353.00 2118.00 13. Defoarner Parkway Research $ 10.00 gal. 14 . Dithane 45 WP Terra $ 2.62 lb. 524.00 15. Dursban Plus No Bids Received 16. Dursban 2.5% Lesco Inc. $ .59 lb. 6490.00 17 . Dursban Pro Helena Chemical $ 38.10 gal. 190.50 18. Dursban Lesco Inc. $ .42 lb. 3360.00 Cricket Bait 1% 19. Fire Ant Gold Kist Inc. $ 6.00 lb. 750.00 Arndro Bait (grandular) 20. Finale Terra $ 45.66 gal. 1369.80 Herbicide 21. Garlon 4 Helena Chemical $ 72.50 gal. 22. Gro Safe Terra $ .49 lb. 122.50 Activated Charcoal Item Item Unit Park's Golf # Description Vendor Price Dept. Courses - 23. Illoxan 3EC Terra $ 96.18 gal. 1154.16 24. Image Lesco, Inc. $185.95 gal. 25. Kerb 50W SP Helena Chemical $ 20.50 lb. 6150.00 26. L1700 Parkway Research $ 16.00 gal. Surfactant Penetrant 27. Lemwet Helena Chemical $ 7.50 gal. 28. Mocap lOG Helena Chemical $ 1 .4 8 lb. 2960.00 29. MSMA 6.6 Helena Chemical $ 16.20 gal. 162.00 1944.00 30. Nemacur 10Q Terra $ 2.39 lb. 7170.00 31. Nemcaur (3) Terra $ 64.15 gal. 641. 50 (Liquid) 32. Oftanol Terra $ 56.70 gal. 567.00 (Liquid) 33. Orthene TTO Lesco Inc. $ 8.25 lb. 123.75 34. pagaent DF Helena Chemical $ 12.00 lb. 35. Pendulum 3.3EC Helena Chemical $ 34.00 gal. 36. Pre-M Terra $ 7.90 lb. 158.00 11060.00 37. Primer 604 Regal Chemical $ 44.25 gal. 38. Primo Terra $319.98 gal. 4799.70 39. Remedy Helena Chemical $ 74.50 gal. 40. Reward Helena Chemical $ 74.99 gal. 41. Rodeo Terra $ 87.90 gal. 42. Ronstar 2 G Regal Chemical $ 1.03 lb. 824.00 43. Round-Up Pro Helena Chemical $ 46.50 gal. 3255.00 44. Round-Up Atlantic FEC $ 48.50 gal. 45. Sencor Terra $ 25.79 lb. 773.70 75 T.H. Item Item Unit Park's Golf # Description Vendor Price Dept. Courses - 46. Sevin 80 WSP Gold Kist Inc. $ 4.20 lb. 210.00 47. Surflan Helena Chemical $ 64.62 gal. As T/o 48. Talstar WP Gold Kist Inc. $ 32.50 lb. 49. Talstar .2G Terra $ .56 lb. 840.00 50. Talstar Terra $220.00 gal. Liquid 51. Tank Gold Kist Inc. $ 3.15 gal. Newtralizer 52. Tracker Dye Parkway Research $ 21. 00 gal. 53. Trimec Plus Gold Kist Inc. $ 25.65 gal. 54. Triump 4E Helena Chemical $166.50 gal. 1665.00 55. Wetting Agent Gold Kist Inc. $ 6.25 gal. 375.00 CITY OF DELRAY BEACH BREAKDOWN PER ITEM I PER DEPT. FERTILIZERS: Item Item Unit Park's Golf # Description Vendor Price Dept. Courses - l. 14-14-14 Howard Fertilizer $ .322 lb. 7406.00 644.00 2. 24-5-11 Lesco Inc. $ .146 lb. 3504.00 17520.00 3. 22-5-7 Lesco Inc. $ .348 lb. 348.00 4. 22-0-22 Lesco Inc. $ .19 lb. 1995.00 380.00 5. 16-4-8 Gold Kist Inc. $ .109 lb. 3270.00 Premium 6. 6-6-6 Atlantic FEC $ .085 Ib 170.00 7. 16-4-8 Howard Fertilizer $ .098 lb. w/minors 8. 16-4-8 ( liquid) No Bids Received 9. 21-0-0 Lesco Inc. $ .103 lb. 10. 10-10-10 Helena Chemical $ .098 lb. 1176.00 1l. 15-5-15 Atlantic FEC $ .1516 lb. 12. 32-0-0 Howard Fertilizer $ .13 lb. 13. 20-20-20 Helena Chemical $ .52 lb. 78.00 1040.00 14. Mi10rganite Helena Chemical $ .09475 lb. 3790.00 15. 30-10-7 Lesco Inc. $ .80 lb. 16. 17-1-10 Harrell's Inc. $ .245 lb. 3430.00 17 . 29-3-5 Howard Fertilizer $ .30 lb. 3600.00 18. 0-0-21 Gold Kist Inc. $ .0975 lb. 97.50 2925.00 19. Manganese Helena Chemical $ .27688 lb. Sulfate 20. Magnesium Harra11's Inc. $ .098 lb. 490.00 588.00 (Epson Salts) 2l. 13-3-13 Lecso $ .153 lb. 1836.00 459.00 22. 17-4-6 Gold Kist $ .151 lb. 3020.00 Item Item Unit Park's Golf # Description Vendor Price Dept. Courses - 23. 24-2-8 Lesco $ .13 lb. 1625.00 24. 8-10-10 Atlantic FEC $ .122 lb. 25. 29-3-5 Scotts Company $ .81 lb. 26. Liquid Lesco Inc. $ 4 .35 gal. 239.25 Micronutrient Soil Supplement 27. 18-4-8 Lesco Inc. $ .348 lb. 28. 8-0-8 Lesco Inc. $ .23 lb. 29. 16-4-16 Lesco Inc. $ .157 lb. 30. 13-2-13 Howard Fertilizer $ .18 lb. 31. 18-2-9 Lesco Inc. $ .28 lb. 32. 32-3-12 Lesco Inc. $ .193 lb. 33. 19-0-19 Lesco Inc. $ .312 lb. 34. 21-4-11 Howard Fertilizer $ .195 lb. 35. 5-10-7 Howard Fertilizer $ .466 lb. 36. 14-26-6 Lesco $ .363 lb. 37. 19-0-19 Lesco $ .19 lb. 38. 14-2-14 Howard Fertilizer $ .285 lb. TOTAL PER DEPARTMENT $35084.25 $91255.36 City of Delray Beach Awards By Vendor: Vendor: Total Cost: Lesco Inc. 39,787.50 Terra 34,509.61 Helena Chemical 23,250.50 Howard Fertilizer 11,650.00 Gold Kist Inc. 10,647.50 Harrell's Inc. 4,508.00 Regal Chemical 966.50 DuCor International 850.00 Atlantic FEC 170.00 TOTAL COST FOR CITY OF DELRAY BEACH $126,339.61 ::; ; ~ . ¡: N :: Õ CD CII ..... en (,II ... W N -¡ .. . øO ° 2 ° 0 n n = = ~ = ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ê ¡ ~ < ~ ~ ~ $ g f ~ ~i ~ ~ ~ ~ ~ 8 ~ ~ 6 @ ø~ ~ ~ ~ ~ C;:z Z m.... m !I! n VI 0 VI 0:0· 0 ~~ "'0 ~ ;c ~ õ 0 = Z "Ð mOO ~ -'" .... S Z œ - Z ~ 0 ~.... 0 ~~ ~ ~ ~ ~ ~ ~ Z :0 '" æ p¡ .:.. 0 ø ::¡ ~ "<~ ~ 0 .... ð c ¡:¡?$ m < a n z· ~ ~ ~ .. .. .. .. .. œ.. .. .. ~ ~.. WN IN - ª- ~"'''' ~ ¡~'" W W", .. I~ ~~ j~!i ~i ji~~if;~ ~ií~t ~; ~i ~~ í if If I".. I" 'i. Ii.. .. if ..:0 i. If 'i. If $ I >< f .... 0 ! 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C. ~ ¡¡ CD ;tOJ£1/> 2' () '" Q '< (II AI 6'3 !" g. (II ~~¡;~ cO~3~ C) ~"O."'~ 0 ..." !!L 'tI ~ ;-ë: II> 3 ::I, C. !"I " a OJ ~ '" ¡;r ;::¡':('£)(f)ÐJ .. (ii' Q - 3 !" g. 0 II> ~~¡;~ . CD'" = 10 .... 3 (II .. ~ \).!" ~ 0 -I ..." !!L 'tI II> N (II II> 3 ::I, 5- - ~ 0) ~CD~<n ¡;: ~~<nDJ !2 _, ::r 3 - . MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager DATE: November 15, 1996 SUBJECT: CONSENT AGENDA ITEM # CITY COMMISSION MEETING NOVEMBER 19. 1996 BID AWARD· NEW VEHICLES Action City Commission is requested to approve the purchase of three (3) new vehicles from the Florida Sheriffs Association Cooperative Bid for the Police DepartmenUMarked Patrol Division per staff recommendation from Dan Reid Ford, Inc. in the amount of $68,103.00. Funding is available in Police Department patrol Division accounts 001-2119-521-64.20. Background Approval was provided in the current fiscal year budget for four (4) additional Chevrolet Lumina patrol vehicles. Police Department has requested that three (3) full size Ford Crown Victoria pursuit vehicles be purchased in lieu of the four (4) mid-size Luminas. Don Reid Ford, Inc. at Maitland, Florida has the Southem Region Contract for these vehicles. A 60-90 day delivery time is anticipated. Staff and the Police Department are recommending the Crown Victoria versus the Lumina because of the added room in the back seat, overall better performance, and to reduce vehicle life maintenance costs. Recommendation Staff recommends bid award as follows: Bid Number YearNehicle ~ Vendor Unit Cost Ext. Cost 96-04-0918 1997 Ford Crown 3 Don Reid Ford, Inc.$22,701.00 $68,103.00 Victoria (pursuit) Administrative Fee 3 FI Sheriffs Assoc. $50.00 $150.00 TOTAL $68,253 Funding to be provided as follows: Police Department Account 001-2119-521-64.20 RAB:tas cc: Richard Overman Dave Junghans Hoyt Owens File:u :sweeney/agenda Doc:policeve.doc F.Q·d. . MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager FROM: Hoyt Owens, Deputy Director Public Works ß# DATE: November 15, 1996 SUBJECT: PURCHASE ADDITIONAL VEHICLES POLICE DEPARTMENT· PATROL DIVISION Approval was provided in the current fiscal year budget for four (4) additional Chevrolet Lumina patrol vehicles. Police Department has requested that three (3) full size Ford Crown Victoria pursuit vehicles be purchased in lieu of the four (4) mid-size Luminas. Don Reid Ford, Inc. at Maitland, Florida has the Southern Region Contract for these vehicles. A 60-90 day delivery time is anticipated. Recommendation Police and Public Works Department recommends the following options be added to the base vehicle: Bid Number Description Price 96-04-0918 1997 Ford Crown Victoria Specification #1 $19,139.00 (Pursuit) Base Price Option Alternate Safety Flashing lights $144.00 Option Front Bucket Seats - Cloth $65.00 Option Reinforced Roof $68.00 Option Accessory Feed Wires No Charge Option Left Hand Spot light $180.00 Option 5" Dome light Between Visors No Charge Option Safety Bumper Guards $100.00 Option Extended Warranty 5/75 $2,695.00 Option Silicone Hoses $200.00 Option Ignition/Doors Keyed Alike $37.00 Option Radio Noise Suppression $73.00 $22,678.00 per vehicle time three (3) vehicles purchased equals total @ $68,103.00 Administrative fee $50.00 per vehicle $150.00 $68,253.00 Funds are available in account number 001-2119-521-64.20 If you have any questions, please contact me. HO:tas cc: Richard Overman David Junghans File:u:sweeney/asmemos Doc:Policeve.ho ~ £IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 2(Ji) ;<\\' 1st J\\ Li<l . ULLRAY BEACH, FLORIDA 33·;44 r.'\(_Sí\~!l,L i 'j~. 5 DELRA Y BEACH f lOll: I 0 ^ MEMORANDUM b.e:d AII·America City DATE: November 18, 1996 , ~ III! TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJEcr: Lorraine Bonds v. City of Delray Beach Our office has received an offer of settlement in the amount of $13,500.00 to resolve this case. Our office recommends approval. This case stems from an automobile accident which occurred on April 23, 1995 between a vehicle driven by a City police officer and Ms. Bonds. The officer slowed but did not stop at the stop sign at the intersection of S.W. 4th Street and 8th Avenue. Ms. Bonds suffered injury to her back, left hand and elbow and incurred medical bills of approximately $13,000.00 and approximately $500.00 in lost wages. Ms. Bonds made a demand for judgment in the amount of $50,000.00 in September, which was denied by the City Commision, upon our office's recommendation. At this time, however, our office recommends the acceptance of the settlement because the amount of the offer is appropriate and the City has liability in this case. By copy of this memorandum to David Harden, City Manager, our office requests that this case be place on the City Commission's November 19, 1996 agenda for approval, subject to the execution of appropriate releases. Please call if you have any questions. ~~- cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Frank Babin, Risk Manager Chief Richard Overman, De1ray Beach Police Department g£-. ® (&¡4dluim) MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager DATE: November 11, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 19. 1996 APPROVAL BONUS PAYMENT TO BJCE.INC. AND CONTRACT AMENDMENT Action City Commission is requested to consider approval of a bonus payment of $10,000 to BJCE, Inc. for FY 95-96 and approve a contract amendment to amend Exhibit liB" Performance Bonus for FY 96-97. Funding is available in account number 445-4711-572-31.90 other professional services. Backaround 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 $17,550. Attached is a recap of goals and objectives completed per Exhibit "B" of contract. The contract also needs to be amended to include new performance measures of FY 96-97. These are based on the FY 96-97 budget. A copy of the amended agreement is attached. Recommendation Based on the completion of goals and objectives per the attached, I am recommending a bonus payment of $10,000 to BJCE, Inc. I am also recommending approval of the attached contract amendment which revises Exhibit liB" Performance Bonus" for FY 96-97. RAB:tas File:u :sweeney/agenda ~j-ó Doc:bjce.agn c¡ fl. - , 911 , Agenda Item No.: AGENDA REQUEST Date: November 12, 1996 Request to be placed on.:' x Regular Agenda Special Agenda Workshop Agenda When: November 19, 1996 Description of agenda item (who, what, is re uested to consider a roval of a bonus payment of - 6 and a rove a contract amendment to amen FY 96-97. Funding is available in account number professional services. ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation.: ~ee~atdAt~. , , Department Head Signature: --;.:;?~/?AJ ~..~¿___ Determination of Consistency with~Comprehensive Plan: /'lIAr- : . City At~y Review/ Recommendation (if applicable): \~~ -+ Am2o.J\::rO. ~-=>- 1 Budget Director Review (required on all iteas involving expenditure of funds) : Funding available: ~ NO Funding alternatives: ~" ,~amicabl~ Ac coun t No. & De s~?Y¿g0 n : ~4 7{f - 9' ! .ì¡. ð ¡-"fe, . / ~/ \hAù --_ -"- 'Ù Account Balance: ' ~ ~,...,... - 'T L./ , City Manager Review: Approved for agenda: B NO &JV1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved EXHIBIT "B" PERFORMANCE BONUS FY '95 - '96 Delray Beach Municipal Golf Course Completed Aerate greens, tees, and fairways at least two times during the year. x· x. Plan and implement grand opening program for new clubhouse October, 1995. x. Host many civic groups throughout the year in our new clubhouse. x· Establish specialized maintenance program for new landscaping around clubhouse and specialty trees on the golf course by October, 1995. x. Increase golf related revenue by 5 % . ( O· Remove 20 Malelucca trees and replace with a different species. x. Increase participation in youth related programs by 5 % . x· Plan and implement clubhouse grand opening ceremonies and reception for October, 1995. x. Book at least $200,000 in banquet business. x. Develop a non-profit fee rate for tournaments by October, 1995. NO . Complete range improvements by April 1996. Lakeview Golf Course Completed Increase Snack Bar revenues by 50% over FY '94-'95 projections. N(2). N(2). Increase number of rounds played by 20% over FY '94-'95 projections. N ( 3 ). Complete ADA required construction improvements by January, 1996. N (3). Complete all structural repairs, i.e., roof, maintenance building, by April 1996. N ( 3 ). Complete planned green, fairway, and bunker improvements by September, 1996. (1) . 20 trees removed not yet completed. N(2). Data received from previous owners was in error. Therefore these projections were not met. NO) . Final decision on repairs not yet made. These items will be completed in FY 96-97. BJCE EXHIBIT "B" PERFORMANCE BONUS FY 96·97 Delray Beach Municipal Golf Course · Aerate greens, tees, and fairways at least twice during the year. · Increase golf related revenue by 5%. · Remove 20 melaleucca trees and replace with a different species. · Increase participation in youth related programs by 5%. · Book minimum $300,000 in banquet business. · Complete range improvements by April 1997. · Complete construction equipment storage building by June 1997. Lakeview Golf Course · Over seed greens - November 1996. · Aerate greens, trees, fairways at least twice during the year. · Increase number of rounds played by 5% over FY 95-96 actual rounds. · Increase merchandise sales by 5% over FY 95-96 actual. · Complete clubhouse repairs to meet ADA and code requirements. ~.' c:<£. ~'-'-'- <1 /L.Z-"t~ 6~ AMENDMENT TO MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT DATED NOVEMBER 4. 1994 TillS AMENDMENT to the Municipal Golf Course Management Agreement dated .:tL ~ November 1, 1994 (original Agreement) is made this / 7 day of , 1995 by and between the CITY OF DELRAY BEACH (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, WHEREAS, the parties desire to amend the Agreement to provide for the provision of management services for the Lakeview Golf Course in addition to the Delray Beach Municipal Golf Course, NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are encorporated herein. 2. Paragraph 6 of the original Agreement is hereby modified in its entirety to read as follows: 6. BASE PAYMENT: The City shall pay Dubin for the performance of work at a base monthly rate payable on the first of the month as follows: August 1995 - September 1995 $ 9,500 per month t'October 1995 - September 1996 $ 9,750 per month October 1996 - September 1997 $10,125 per month October 1997 - September 1998 $10,375 per month October 1998 - September 1999 $10,675 per month . MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT THIS AGREEMENT is made as of the J day of ?tvJlðJfkAJ , 1994 by and between the CITY OF DELRAY BEACH (hereinafter called "City"), and BJCE, INC. (d/b/a Dubin & Associates) (hereinafter called "Dubin") , the principal addresses of each party being those set forth on the signature page of this Agreement. NOW THEREFORE, the parties hereto agree as follows: 1. AGREEMENT TO PERFORM WORK: City agrees to retain Dubin to render certain professional services (hereinafter the "Work") and to pay for the performance of such Work on and under the conditions which are set forth in this Agreement, and Dubin agrees to perform such Work and to accept in full payment as is set forth in this Agreement, 2. THE WORK: The work shall generally consist of those services more particularly set forth in Exhibit "A". 3. ADDITIONAL SERVICES: Dubin will not be paid for reimbursables nor for services in addition to those listed in Exhibit "A" attached hereto without the prior written authorization from City which authorization shall be in the form of a Purchase Order, Work Order, Order to Contractor, or . other similar written instrument ( "Change Order") . Dubin shall keep a separate record of these additional 6. BASE PAYKENT: The City shall pay Dubin for the performance of work at base monthly rate payable on the first of the month as follows: Oct. 94 - Sept. 95 $6,500 per month Oct, 95 - Sept. 96 $6,750 per month Oct. 96 - Sept. 97 $7,000 per month Oct. 97 - Sept, 98 $7,250 per month Oct. 98 - Sept. 99 $7,500 per month The City shall also accept and pay reimbursables, including: (a) Payroll costs for Dubin's employees who are working full time at the Delray Beach Municipal Golf Course,· such payroll costs are subject to the City Manager's prior approval, and only such approved costs shall be reimbursed; (b) Liability insurance as required by paragraph 13 of this Agreement; (c) Travel expenses; (d) Mileage at $.26 per mile; (e) Production costs; (f) Telephone, mail, facsimile and miscellaneous out-of-pocket expenses. All expenses will be itemized and submitted with receipts and shall be billed at cost on a monthly basis. 7. PERFORMANCE BONUS: In addition to the base . payment, Dubin shall be eligible to receive a yearly fixed bonus payment per Exhibit "B" on or before December 1st of 3 , each year. The performance bonus shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager. The goals and objectives will be reestablished on a yearly basis. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee. 8. LICENSED OR REGISTERED PERSONNEL: All services to be rendered by Dubin under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional shall be rendered in compliance with such requirements. 9 . DESIGNATED REPRESENTAT:IVE: All of Dubin's recommendations, reports and certifications are to be routed through the City Manager. 10. PERFORMANCE: During the term of this Agreement, Dubin shall, to the best of his ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Work on a timely basis, as required by City to meet project timetable needs. City shall have the right to make use of same in its business at any time as it may desire without further payment to Dubin, other than that specifically stated herein. All reports and other documents furnished by . Dubin in the course of or as a result of performing the Work 4 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 , 1996 by and between the CITY OF DELRAY BEACH (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, WHEREAS, the parties desire to amend the Agreement to provide for a revision to performance measure, Exhibit liB" for FY 96-97. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are encorporated herein. 2. Exhibit liB" to the original Agreement is modified in its entirety. Exhibit liB", as modified and attached hereto, is incorporated 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 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 Florida 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 DELRA Y 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 DATE: November 15, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 19. 1996 AGREEMENT APPROVAL· TENNIS TOURNAMENT AGREEMENTS Action City Commission is requested to approve agreements with the United States Tennis Association for two (2) Women's Satellite Tennis T oumaments to be held January 5-11 and January 12-18, 1997 and a Men's Challenger Series Toumament to be held September 20-28,1997. Backaround At your last regular meeting Mr. Dubin made a presentation to City Commission outlining a program to increase utilization of the Tennis Center by scheduling sporting events; primarily tennis events. In his presentation Mr. Dubin discussed obtaining sponsorships to help effect the costs of the events. He discussed package type sponsorships whereby a sponsor at certain levels would receive promotional access for numerous events. Commission authorized Mr. Dubin to proceed with trying to implement his plan. As a request of Mr. Dubin's effort, we are presenting for Commission consideration, approval of three (3) toumament agreements with the USTA. Two (2) are Women's Satellite Toumaments to be held in January and one (1) is a Men's Challenger Series Toumament to be held in September 1997. These are entry level professional toumaments for lower ranking players by which they are able to accumulate points to improve in the world rankings and possibly qualify for higher ranking toumaments. Under the terms of each agreement, the City would assume the responsibility of promoter. As promoter the City would be responsible for providing the site and other facilities, toumament personal and services, and a portion of the prize money. Mr. Dubin has estimated the maximum financial exposure to be $10,000 for each of the Women's events and $100,000.00 for the men's event. He feels that he can offset these expenses through the sponsorship program. q·B. Subject: Aaenda Item City Commission Meetina November 19.1996 Agreement ADDroval- Tennis Toumament Aareements Date: November 15. 1996 Page: Two (2) Action City Commission is requested to consider by separate motions, approval of the two (2) Women's Satellite Tournament and the Men's Challenger Series Tournament agreements with the United States Tennis Association. RAB:tas cc: Brahm Dubin File:u:sweeneylagenda Doc:tenntour.doc · J .... - EíÞ J- UNITED STATES TENNIS ASSOCIATION WOMEN'S $10.000 SATELLITE TOURNAMENT AGREEMENT AGREEMENT made between the UNITED STATES TENNIS ASSOCIATION INCORPORATED (USTA), and the undersigned Tournament Promoter (PROMOTER). WHEREAS the USTA has organized a national circuit of tennis tournaments in the United States (CIRCUIT); and WHEREAS PROMOTER desires to develop, promote and stage a Tournament (TOURNAMENT) on the CIRCUIT in accordance with the provisions hereinafter set forth; NOW, THEREFORE, USTA and PROMOTER agree as follows: 1. NAMES. The official name of the TOURNAMENT shall include "USTA Satellite". PROMOTER agrees that all references to the TOURNAMENT shall, to the extent feasible, specify that the TOURNAMENT is a "USTA Event". For example: The (Title Sponsor) UST A Satellite A UST A Event Presented by (Presenting Sponsor) 2. SITES AND FACll.ITIES. PROMOTER agrees to furnish the site hereinafter named for the Tournament, including, at a minimum, the following: (a)' Sufficient championship tennis courts for Tournament play (minimum 8) and for practice use; (b) Seating for not less than 200 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and locker facilities, from which the press and public will be limited; and which will afford privacy to the players. There should be sufficient security to prevent unauthorized entry and to protect player's personal belongings. In some cases it is recommended that an attendant be in charge. (d) A private area for the Trainer/Physical Therapist equipped with a 6 foot table, and ice and towels provided on a daily basis for the conditioning of players. (e) A furnished tournament operation center; (f) A media area with chairs, tables, telephones, typewriters, copy machine and a fax machine; (g) USTA Tour Director's office with a telephone and fax at hand. (h) Fire, safety and first aid facilities and equipment sufficient to meet applicable codes, regulations and laws. 3. TOURNAMENT PERSONNEL AND SERVICES. PROM01,'ER agrees to furnish the following: (a) A knowledgeable and competent Tournament Committee; (b) A minimum of two certified roving umpires for the first two days of qualifying; two ITF white badge chair umpires and 2-4 additional National or USTA certified chair umpires in the Main Draw (depending on number of courts) to chair all matches; nine certified line umpires for Tuesday through Sunday (Main Draw). (c) Appropriate personnel to sell and take up tickets, monitor spectators, handle ~ parking, security, player transportation, registration, concessions, programs, maintenance, and all duties required to stage a first-class tournament. (d) First aid facility with a hospital, doctor and E;ÞJ: UNITED STATES TENNIS ASSOCIATION ambulance on call at all times during the tournament week for medical emergencies; (e) Towels and refreshments for players; (f) Discounted or complimentary hotel accommodations and meals for all players; (g) All TOURNAMENT tickets and; (h) A Public Relations Committee with a Chairman responsible for publicity and promotional activities in consultation with the USTA National Circuit Office and USTA Public Relations Department 4. RULES AND REGULATIONS. PROMOTER agrees to abide by ITF Futures Circuit Regulations, the UST A Constitution, by-laws, Standing Orders, Rules and Regulations aU as set forth in the USTA Official Yearbook, copies of which PROMOTER a.cknowledges receiving. 5. ADMINISTRATION AND TOUR STAFF. The USTA will administer the CIRCUIT, including the printing and distribution of entry applications and the selection of entries in accordance with the ITF Satellite Regulations. In addition, the USTA will provide all salary and expenses for the USTA Referee, Tour Director, one Chair Umpire and a Trainer/Physical Therapist who will staff the TOURNAMENT. 6. REVENUE. PROMOTER shall be entitled to all revenue from the Tournament, including but not limited to, all entry fees, ticket, program, and concession revenues. (With the exception that if the USTA Circuit provides the entire prize money then an amount to be determined in consultation with the PROMOTER will be paid to the USTA out of tournament profit.:. PROMOTER is not required to charge admission to the Tournament.) 7. BALLS. Wilson is the official ball of the USTA Circuits. The USTA will provide nine (9) gross of balls for tournament play, to a tournament holding a 32 Main Draw and 64 qualifying and a 16 team Doubles event. The USTA wil1 furnish ten (10) gross of balls, for tournament play, to a tournament holding a 32 Main Draw, an open qualifying and a 16 Doubles event. PROMOTER shall purchase additional balls as needed at the lowest available adoption price offered by Wilson. PROMOTER agrees to display the Wilson banner and coolers on court, and to provide if available a Wilson promotion booth. 8. BANNERS. Banners are not to be placed on the back walls of the courts so as to interfere with the player's vision of balls in play. No banners placed on the back walls are to be white, yellow or other light colors. 9. T-shirts. The USTA will provide fifty (50) T-shirts for on court ball person uniforms and volunteer staff Promoter may purchase additional T-shirts at the lowest available adoptioñ price offered by the manufacturer.. T-shirts will have UST A logo and inscription on front. ~ a]- UNITED STATES TENNIS ASSOCIATION 10. CmCUIT PROGRAM. The USTA agrees to publish the Official Circuit Program and to provide 300 copies free to PROMOTER. PROMOTER may purchase additional copies at a price determined by the USTA. The UST A Program is to be used exclusively. 11. CmCUIT SPONSOR BENEFITS. The USTA is entitled to promotional benefits, including; (a) Two banners on stadium court and other banners on the TOURNAMENT grounds; (b) Eight of the best seats available for each session of the TOURNAMENT; (c) USTA T-shirts for on-court ball persons; (d) Regular mentions on the Tournament public address system that the USTA is the CmCUIT Sponsor and; (e) Assurance that local sponsor identification does not unreasonably diminish USTA identity as the CIRCUIT Sponsor. 12. INDEMNIFICA TION. PROMOTER recognizes that the USTA has organized the CmCUIT as a public service to benefit spectators, players and local communities. The USTA has no responsibility for the conduct of the TOURNAMENT, and PROMOTER agrees to indemnify and save the USTA harmless from any and all claims of every kind, nature and description in any way relating to the TOURNAMENT, the facilities used by the TOURNAMENT or the players, officials (other than USTA officials) and spectators at the TOURNAMENT. 13. INSURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the folJowing insurance coverage from a company or companies licensed to do business in the state where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar insurance company rating organization: (a) Commercial General Liability Insurance including spectator and participant liability. The USTA strongly recommends the amount of $2,000,000, but requires a minimum amount of at least $1,000,000 each occurrence for Bodily Injury and Property Damage in 1997; (b) Automobile Non-Ownership and Hired Car Liability in the amount of at least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance for any employed personnel. UST A shall be named Additional Insured on the Commercial General Liability policy at no cost to UST A. A Certificate of Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and indication that co\'erage applies specifically to tlte TOURNAMENT must be filed with USTA SIXTY DA YS prior to TOURNAMENT. 14. RISK OF LOSS AND ASSUMPTION OF LIABILITIES. PROMOTER assumes all risks and is responsible for all expenses relating to the conduct of the TOURNAMENT, including all losses and liabilities which may be incurred. . 15, NO JOINT VENTURE. Nothing herein shall constitute the parties hereto as partners or joint ventures. ~ aJ' UNITED STATES TENNIS ASSOCIATION . 16. PRIZE MONEY AND A^,IATEUR EXPENSES. PROMOTER agrees to provide, from local sources, $3,500 to be offered as prize money for players. The USTA agrees to make a grant of $6,500 to PROMOTER to be used as additional prize money for players. The USTA grant shall be delivered to PROMOTER prior to the commencement of the TOURNAMENT, and PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER agrees to make a full report to the USTA, on forms provided by the USTA, of all prize money and all amateur expenses paid to players. PROMOTER agrees to refund to the USTA that portion of the UST A grant that is not actually disbursed as prize money or amateur expenses; for the purpose of such refund, the PROMOTER's local funds shall be considered to be used first for the payment of the prize money and/or amateur expenses. 17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of $500 to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all obligations thereunder, then such sum shall be returned to PROMOTER after the TOURNAMENT. The USTA reserves the right to seek further assurances of PROMOTER'S financial responsibility in the form of additional deposits, letter of credit, and/or other security as the USTA may from time to time deem advisable. In the event that PROMOTER defaults in the peñormance of obligations under this Agreement, or cancels the tournament less than 120 days before the scheduled commencement date, then such sum shall be forfeited to the USTA without limiting in any way claims or rights USTA may have against PROMOTER. 18. SANCTION. PROMOTER agrees to apply for and obtain a sanction from the applicable USTA Section for the TOURNAMENT, and to pay all required sanction fees. PROMOTER'S application for sanction, along with a check made payable to USTA Sectional Association in the amount of $100.00 for such sanction fee, is to be submitted to the USTA along with this Agreement. The USTA agrees to submit the same promptly to PROMOTER's USTA Sectional Association. If for any reason such sanction is not approved by the applicable USTA Sectional Association, then this agreement shall be terminated, and PROMOTER'S guarantee shall be refunded. 19. MEMBERSHIP. PROMOTER agrees that if the site of the TOURNAMENT is not operated by a USTA Member Organization, a membership application for such operator is to be delivered to the UST A Membership Department. Dues will vary depending on category, therefore you should contact the organizational membership represent-ative in the White Plains Office. . 20. SITE USE. If PROMOTER is not the operator of the site of the TOURNAMENT, then PROMOTER will attach to this Agreement written permission of the operator of such site for the use of the site and the appropriate facilities necessary for the staging of the TOURNAMENT. .... liÞ J' UNITED STATES TENNIS ASSOCIATION 21. USTA DRAW SHEETS. The USTA will provide the PROMOTER with official USTA Circuits draw sheets. PROMOTER agrees that these draw sheets will be used exclusively. 22. AMATEUR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur Reimbursement Form as a record of reimbursement of amateur expenses. 23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties. It shall be construed in accordance with the laws of the State of New York and shall be executed by both parties in duplicate. IN WITNESS WHEREOF, the parties have duly executed this Agreement. DATE: PROMOTER: DATE: . BY: Richard D. Ferman. Jr. Executive Director Please Mail Ori2Ïnal Al!reement to: United States Tennis Association, Inc. Professional Circuits Department 70 West Red Oak Lane White Plains, NY 10604 . ~ E;J- UNITED STATES TENNIS ASSOCIATION INFORMA TIONAL SUMMARY TOURNAMENT NAME: TOURNAMENT DIRECTOR: TOURNAMENT FACILITY: SURFACE: TOURNAMENT FACILITY STREET ADDRESS: CITY : STA TE: ZIP: # OF TOURNAMENT COURTS: # OF PRACTICE COURTS: # INDOOR OUDOOR# MAIN DRA W SIZE: DA TES: QUALIFYING DRAW SIZE: DATES: PROMOTER: PROMOTER'S STREET ADDRESS: CITY: STATE: ZIP: TELEPHONE AREA CODE: - BUSINESS #: HOME #: <-> FACILITY #: <-J FAXL-J ATTACHMENTS: Please make sure that you have attached the foIlo~ng to this Agreement. 1. Guarantee Deposit of$500.00 2. Sanction Application and Sanction Fee of$100.00. 3. Written Authorization of Operator of Facility. . 4. Letter of Sponsorship. 5. Copy of Certificate of Insurance. If not attached, to be delivered not later than 60 days prior ~ to T oumament. · . DÞJ~ UNITED STATES TENNIS ASSOCIATION WOMEN'S $10.000 SATELLITE TOURNAMENT AGREEMENT AGREEMENT made between the UNITED STATES TENNIS ASSOCIA nON INCORPORATED (USTA), and the undersigned Tournament Promoter (PROMOTER). WHEREAS the USTA has organized a national circuit of tennis tournaments in the United States (CmCUIT); and WHEREAS PROMOTER desires to develop, promote and stage a Tournament (TOURNAMENT) on the CmCUIT in accordance with the provisions hereinafter set forth; NOW, THEREFORE, USTA and PROMOTER agree as follows: 1. NAMES. The official name of the TOURNAMENT shall include "USTA Satellite". PROMOTER agrees that all references to the TOURNAMENT shall, to the extent feasible, specify that the TOURNAMENT is a "USTA Event". For example: The (Title Sponsor) UST A Satellite A UST A Event Presented by (Presenting Sponsor) 2. SITES AND FACILITIES. PROMOTER agrees to furnish the site hereinafter named for the Tournament, including, at a minimum, the following: (a) Sufficient championship tennis courts for Tournament play (minimum 8) and for practice use; (b) Seating for not less than 200 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and locker facilities, fÌ'om which the press and public will be limited; and which will afford privacy to the players. There should be sufficient security to prevent unauthorized entry and to protect player's personal belongings. In some cases it is recommended that an attendant be in charge. (d) A private area for the TrainerlPhysical Therapist equipped with a 6 foot table, and ice and towels provided on a daily basis for the conditioning of players. (e) A furnished tournament operation center; (f) A media area with chairs, tables, telephones, typewriters, copy machine and a fax machine; (g) USTA Tour Director's office with a telephone and fax at hand. (h) Fire, safety and first aid facilities and equipment sufficient to meet applicable codes, regulations and laws. 3. TOURNAMENT PERSONNEL AND SERVICES. PROMOTER agrees to furnish the following: (a) A knowledgeable and competent Tournament Committee; (b) A minimum of two certified roving umpires for the first two days of qualifying; two ITF white badge chair u~pires and 2-4 additional National or USTA certified chair umpires in the Main Draw (depending on number of courts) to chair all matches; nine certified line umpires for Tuesday through Sunday (Main Draw). (c) Appropriate personnel to sell and take up tickets, monitor spectators, handle }- parking, security, player transportation, registration, concessions, programs, maintenance, and all duties required to stage a first-class tournament. (d) First aid facility with a hospital, doctor and no UNITED STATES TENNIS ASSOCIATION ambulance on call at all times during the tournament week for medical emergencies; (e) Towels and refreshments for players; (t) Discounted or complimentary hotel accommodations and meals for all players; (g) All TOURNAMENT tickets and; (h) A Public Relations Committee with a Chairman responsible for publicity and promotional activities in consultation with the USTA National Circuit Office and USTA Public Relations Department 4. RULES AND REGULATIONS. PROMOTER agrees to abide by ITF Futures Circuit Regulations, the USTA Constitution, by-laws, Standing Orders, Rules and Regulations all as set forth in the USTA Official Yearbook, copies of which PROMOTER acknowledges receiving. 5. ADMINISTRJ.\TION AND TOUR STAFF. The USTA will administer the' CIRCUIT, including the printing and distribution of entry applications and the selection of entries in accordance with the ITF Satellite Regulations. In addition, the USTA will provide all salary and expenses for the USTA Referee, Tour Director, one Chair Umpire and a Trainer/Physical Therapist who will staff the TOURNAMENT. 6. REVENUE. PROMOTER shall be entitled to all revenue from the Tournament, including but not limited to, all entry fees, ticket, program, and concession revenues. (With the exception that if the UST A Circuit provides the entire prize money then an amount to be determined in consultation with the PROMOTER will be paid to the USTA out of tournament profit.:. PROMOTER is not required to charge admission to the Tournament.) 7. BALLS. Wilson is the official ball of the USTA Circuits. The USTA will provide nine (9) gross of balls for tournament play, to a tournament holding a 32 Main Draw and 64 qualifying and a 16 team Doubles event. The USTA will furnish ten (10) gross of balls, for tournament play, to a tournament holding a 32 Main Draw, an open qualifying and a 16 Doubles event. PROMOTER shall purchase additionâl balls as needed at the lowest available adoption price offered by Wilson. PROMOTER agrees to display the Wilson banner and coolers on court, and to provide if available a Wilson promotion booth. . 8. BANNERS. Banners are not to be placed on the back walls of the courts so as to interfere with the player's vision of balls in play. No banners placed on the back walls are to be white, yellow or other light colors. 9, T-shirts. The USTA will provide fifty (50) T-shirts for on court ball person uniforms and volunteer staff Promoter may purchase additional T-shirts at the lowest available adoptioó price offered by the manufacturer.. T-shirts will have UST A logo and inscription on front. }. EíÞ J' UNITED STATES TENNIS ASSOCIATION . 10. CIRCUIT PROGRAM. The USTA agrees to publish the Official Circuit Program and to provide 300 copies free to PROMOTER. PROMOTER may purchase additional copies at a price determined by the USTA. The USTA Program is to be used exclusively. 11. CIRCUIT SPONSOR BENEFITS. The USTA is entitled to promotional benefits, including; (a) Two banners on stadium court and other banners on the TOURNAMENT grounds; (b) Eight of the best seats available for each session of the TOURNAMENT; (c) USTA T-shirts for on-court ball persons; (d) Regular mentions on the Tournament public address system that the USTA is the CIRCUIT Sponsor and; (e) Assurance that local sponsor identification does not unreasonably diminish USTA identity as the CIRCUIT Sponsor. 12. INDEMNIFICA TION. PROMOTER recognizes that the USTA has organized the CIRCUIT as a public service to benefit spectators, players and local communities. The USTA has no responsibility for the conduct of the TOURNAMENT, and PROMOTER agrees to indemnify and save the USTA harmless from any and all claims of every kind, nature and description in any way relating to the TOURNAMENT, the facilities used by the TOURNAMENT or the players, officials (other than USTA officials) and spectators at the TOURNAMENT. 13. INSURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the following insurance coverage from a company or companies licensed to do business in the state where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar insurance company rating organization: (a) Commercial General Liability Insurance including spectator and participant liability. The USTA strongly recommends the amount of $2,000,000, but requires a minimum amount of at least $1,000,000 each occurrence for Bodily Injury and Property Damage in 1997; (b) Automobile Non-Ownership and Hired Car Liability in the amount of at least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance for any employed personnel. UST A shall be named Additional Insured on the Commercial General Liability policy at no cost to USTA. A Certificate of Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and indication that cm'erage applies specifically to the TOURNAMENT must be filed with USTA SIXTY DA YS prior to TOURNAMENT. 14. RISK OF LOSS AND ASSUMPTION OF LIABILITIES. PROMOTER assumes all risks and is responsible for all expenses relating to the conduct of the TOURNAMENT, including all losses and liabilities which may be incurred. 15, NO JOINT VENTURE. Nothing herein shall constitute the parties hereto as part~ers or joint ventures. t> . EíÞ]- UNITED STATES TENNIS ASSOCIATION 16. PRIZE MONEY AND AMATEUR EXPENSES. PROMOTER agrees to provide, from local sources, $3,500 to be offered as prize money for players. The UST A agrees to make a grant of $6,500 to PROMOTER to be used as additional prize money for players. The USTA grant shall be delivered to PROMOTER prior to the commencement of the TOURNAMENT, and PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER agrees to make a full report to the USTA, on forms provided by the USTA, of all prize money and all amateur expenses paid to players. PROMOTER agrees to refund to the USTA that portion of the USTA grant that is not actually disbursed as prize money or amateur expenses; for the purpose of such refund, the PROMOTER's local funds shall be considered to be used first for the payment of the prize money and/or amateur expenses. 17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of $500 to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all obligations thereunder, then such sum shall be returned to PROMOTER after the TOURNAMENT. The USTA reserves the right to seek further assurances of PROMOTER'S financial responsibility in the form of additional deposits, letter of credit, and/or other security as the USTA may from time to time deem advisable. In the event that PROMOTER defaults in the peñormance of obligations under this Agreement, or cancels the tournament less than 120 days before the scheduled commencement date, then such sum shall be forfeited to the USTA without limiting in any way claims or rights USTA may have against PROMOTER. 18. SANCTION. PROMOTER agrees to apply for and obtain a sanction from the applicable USTA Section for the TOURNAMENT, and to pay all required sanction fees. PROMOTER'S application for sanction, along with a check made payable to USTA Sectional Association in the amount of $100.00 for such sanction fee, is to be submitted to the USTA along with this Agreement. The USTA agrees to submit the same promptly to PROMOTER's USTA Sectional Association. If for any reason such sanction is not approved by the applicable USTA Sectional Association, then this agreement shall be terminated, and PROMOTER'S guarantee shall be refunded. 19. MEMBERSHIP. PROMOTER agrees that if the site of the TOURNAMENT is not operated by a USTA Member Organization, a membership application for such operator is to be delivered to the UST A Membership Department. Dues will vary depending on category, therefore you should contact the organizational membership representative in the White Plains Office. . 20. SITE USE. If PROMOTER is not the operator of the site of the TOURNAMENT, then PROMOTER will attach to this Agreement written permission of the operator of such site for the use of the site and the appropriate facilities necessary for the staging of the TOURNAMENT. ~ EíÞJ" UNITED STATES TENNIS ASSOCIATION 21. USTA DRAW SHEETS. The USTA will provide the PROMOTER with official USTA Circuits draw sheets. PROMOTER agrees that these draw sheets will be used exclusively. 22. AMATEUR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur Reimbursement F onn as a record of reimbursement of amateur expenses. 23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties. It shall be construed in accordance with the laws of the State of New York and shall be executed by both parties in duplicate. IN WITNESS WHEREOF, the parties have duly executed this Agreement. DATE: PROMOTER: DATE: BY: Richard D. Fennan, Jr. Executive Director Please Mail Oril!Ínal Ae:reement to: United States Tennis Association, Ine. Professional Circuits Department 70 West Red Oak Lane White Plains, NY 10604 . } aJ" UNITED STATES TENNIS ASSOCIATION INFORMA TIONAL SUMMARY TOURNAMENT NAME: TOURNAMENT DIRECTOR: TOURNAMENT FACILITY: SURFACE: TOURNAMENT FACILITY STREET ADDRESS: CITY : STA TE: ZIP: # OF TOURNAMENT COURTS: # OF PRACTICE COURTS: # INDOOR OUDOOR# MAIN DRAW SIZE: DA TES: QUALIFYING DRAW SIZE: DA TES: PROMOTER: PROMOTER'S STREET ADDRESS: CITY : STATE: ZIP: TELEPHONE AREA CODE: - BUSINESS #: HOME#: <-> FACILITY #: <-> FAXLJ ATTACHMENTS: Please make sure that you have attached the following to this Agreement. 1. Guarantee Deposit of$500.00 2. Sanction Application and Sanction Fee of$lOO.OO. 3. Written Authorization of Operator of Facility. . 4. Letter of Sponsorship. S. Copy of Certificate of Insurance. If not attached, to be delivered not later than 60 days prior to- to T oumament. . , . EíÞ ]" UNITED STATES TENNIS ASSOCIATION .- lVIEN'S $50,000 CHALLENGER SERIES TOURNAMENT AGREEMENT AGREEMENT made between the UNITED STATES TENNIS ASSOCIA TION INCORPORATED (USTA), and the undersigned Tournament Promoter (PROMOTER). WHEREAS the UST A has organized a national circuit of tennis tournaments in the United States (Circuit); and r WHEREAS PROMOTER desires to develop, promote and stage a Tournament (TOURNAMENT) on the CIRCUIT in accordance with the provisions hereinafter set forth; NOW, THEREFORE, UST A and PROMOTER agree as follows: 1. NAMES. The official name of the TOURNAMENT shall include "USTA Challenger". PROMOTER agrees that all references to the TOURNAMENT shall, to the extent feasible, specify that the TOURNANŒNT is a "UST A Event". For example: The (Title Sponsor) USTA Challenger A USTA Event Presented by (Presenting Sponsor) 2. SITES AND FACILITIES. PROMOTER agrees to furnish the site hereinafter named for the TOURNAMENT, including, at a minimum, the following: (a) Sufficient championship tennis courts for the TOURNANŒNT (minimum 5) and for practice use; (b) Seating for a minimum of 750 spectators on the stadium or best court available; (c) Appropriate bathroom, shower and locker facilities from which the press and public will be limited, and which will afford privacy to the players. There should be sufficient security to prevent unauthorized entry and to protect players' personal belongings. In some cases, it is recommended that an attendant be in charge; (d) A private area for the Trainer/Physical Therapist equipped with a 6 foot table, and ice and towels provided on a daily basis; (e) A furnished tournament operations center; (t) A media area with chairs, tables, telephones, typewriters, copy machine, and a fax machine; (g) A UST A Supervisors office with a telephone and fax at hand; (h) Fire, safety and first aid facilities and equipment sufficient to meet applicable codes, regulations and laws. 3. TOURNAMENT PERSONNEL AND SERVICES. PROMOTER agrees to furnish the following: (a) A knowledgeable and competent Tournament Committee; (b) one ATP Certified Chair Umpire to work under the direction of the Chief of Umpires for the duration of the TOURNAMENT; (c) Officials for each court during TOURNAMENT (Qualifying-Chair Umpire and five Linesmen; Main Draw-Chair Umpire and seven Linesmen); (d) Appropriate personnel to sell and take up tickets, monitor spectators, handle parking, security, player transportation, registration, concessions, programs, maintenance, and all duties required to stage a first-class tournament; (e) First aid facilities with a hospital, doctor and ambulance on call at all timeš during the TOURNAMENT week for medical emergencies; (t) Towels and refreshments for players; (g) Discounted hotel accommodations for all players (Singles and Doubles), unless Hospitality is ~ elected as proscribed in the ATP Tour Tournament Regulations (Article I.U.I); (h) All TOURNAMENT tickets; and (i) A Public Relations Committee with a Chainnan responsible for publicity and promotional activities in consultation with the USTA National Circuit Office and UST A Public Relations Department. 4. RULES AND REGULATIONS. PROMOTER agrees to abide by the Official Rulebook of the ATP Tour, the USTA Constitution, By-Laws, Standing Orders, Rules and Regulations all as set forth in the USTA Official Yearbook, copies of which PROMOTER acknowledges receiving. 5. ADMINISTRATION AND TOUR STAFF. The USTA will administer the CIRCillT, and shall provide all salary and expenses for the USTA Supervisor/Referee, two Certified Chair Umpires, and the TrainerlPhysical Therapist. The USTA reserves the right to approve PROMOTER'S Chief of Umpires, the ATP certified Chair Umpire and all other on-court officials as provided by the PROMOTER. 6. REVENUE. PROMOTER shall be entitled to all revenue from the TOURNAMENT, including~ but not limited to, ticket, program and concession revenues. (With the exception that if the USTA provides the entire prize money, than an amount determined by the USTA, in consultation with the PROMOTER, will be paid to the USTA out of TOURNAMENT profit). PROMOTER is not required to charge admission to the TOURNAMENT. 7. BALLS. Wilson is the official ball of the USTA Circuits. The USTA will provide 10 1/2 gross of balls for TOURNAMENT play. PROMOTER shall purchase additional balls as needed at the lowest available adoption price offered by Wilson. PROMOTER agrees to display the Wilson banner and coolers on court and to provide, if available, a Wilson promotional booth. 8. BANNERS. Banners are not to be placed on the back walls of the courts so as to interfere with the players' vision of balls in play. No banners placed on the back walls are to be white, yellow or other light colors. . 9. T-SHIRTS. The USTA will provide 50 T-shirts free for on court ball persons uniforms. PROMOTER may purchase additional T-shirts at the lowest available adoption price offered by the manufacturer. T-shirts will have the UST A logo and an inscription on the front. 10. CIRCUIT PROGRAM. The USTA agrees to publish the Official Circuit Program and to provide 500 copies free to PROMOTER. PROMOTER may purchase additional copies at a price determined by the USTA. The USTA Program is to be used, exclusively. 11. CIRCUIT SPONSOR BENEFITS. The USTA is entitled to promotional benefits, including (a) Two banners on stadium court and other banners on the TOURNAMENT grounds; (b) Eight of the best seats available for each session of the TOURNAMENT; (c) USTA T-shirts for on- court ball persons; (d) Regular mentions on the TOURNAMENT public address system that the USTA is the CIRCillT Sponsor and (e) Assurance that local sponsor identification does not unreasonably diminish USTA identity as the CIRCUIT Sponsor. 12. INDEMNIFICATION. PROMOTER recognizes that the USTA has organized the CIRCUIT as a public service to benefit spectators, players and local communities. The UST A has no responsibility for the conduct of the TOURNAMENT, and PROMOTER agrees to indemnify and save the UST A harmless from any and all claims of every kind, nature and description in any way relating to the TOURNAMENT, the facilities used by the TOURNAMENT or the players, officials (other than USTA officials) and spectators at the TOURNAMENT. . 13. INSURANCE. PROMOTER shall procure and maintain, at PROMOTER'S expense, the following insurance coverage's from a company or companies licensed to do business in the state } where the TOURNAMENT is held and rated "excellent" or better by Best's or a similar insurance company rating organization: (a) Commercial General Liability Insurance 'including spectator and participant liability. The UST A strongly recommends the amount of $2,000,000, but requires a minimum amount of at least $1,000,000 each occurrence for Bodily Injury and Property Damage in 1997; (b) Automobile Non-Ownership and Hired Car Liability in the amount of at least $1,000,000 each accident; (c) Worker's Compensation and Employers Liability Insurance, as required by state law, for any employed personnel. UST A shall be named Additional Insured on the Commercial General Liability policy at no cost to UST A. A Certificate of Insurance or a copy of the policy or policies, containing a thirty (30) day Notice of Cancellation clause and indication that coverage applies specifically to the TOURNAMENT, must be filed with the USTA Director of Pro Circuits si..."ty (60) days prior to TOURNAMENT. 14. RISK OF LOSS AND ASSUMPTION OF LIABILITIES. PROMOTER assumes all risks and is responsible for all expenses relating to the conduct of the TOURNAMENT, including all losses and liabilities which may be incurred. 15. NO JOINT VENTURE. Nothing herein shall constitute the parties hereto as partners or joint venturers. 16. PRIZE MONEY AND AMATEUR EXPENSES. PROMOTER agrees to provide, trom local sources, $25,000 to be offered as prize money for players. The UST A agrees to make a grant of $25,000 to PROMOTER to be used as additional prize money for players. The UST A grant shall be delivered to PROMOTER prior to the commencement of the TOURNAMENT, and PROMOTER agrees to be responsible for the proper disbursement to the player's. PROMOTER agrees to make a full report to the UST A, on forms provided by the UST A, of all prize money and all amateur expenses paid to players. PROMOTER agrees to refund to the UST A that portion of the UST A grant that is not actually disbursed as prize money or amateur expenses; for the purpose of such refund, the Promoter's local funds shall be considered to be used first for the payment of the prize money and/or amateur expenses. 17. GUARANTEE DEPOSIT. PROMOTER herewith deposits with USTA the sum of$5,000 to guarantee PROMOTER'S performance under this Agreement. If PROMOTER satisfies all of PROMOTER'S obligations hereunder, then such sum shall be returned to PROMOTER after the TOURNAMENT. The UST A reserves the right to seek further assurances of PROMOTER'S financial responsibility in the form of additional deposits, letter of credit, and/or other security as the USTA may from time to time deem advisable. In the event that PROMOTER defaults in the performance of obligations under this Agreement, or cancels the TOURNAMENT less than 120 days before the scheduled commencement date, then such sum shall be forfeited to the USTA without limiting in any way claims or rights USTA may have against PROMOTER. 18. SANCTION. PROMOTER agrees to apply for and obtain a sanction trom the applicable UST A Section for the TOURNANŒNT and to pay all required sanction fees. PROMOTER'S application for sanction, along with a check made payable to the UST A Sectional Association in the amount of $500 for such sanction fee, is to be submitted to the UST A along with this Agreement. The UST A agrees to submit the same promptly to PROMOTER'S UST A Sectional Association. If for any reason such sanction is not approved by the applicable UST A Sectional Association, then this Agreement shall be terminated, and PROMOTER'S Guarantee Deposit shall be refunded. 19. MEMBERSHIP. PROMOTER agrees that if the site of the TOURNANŒNT is not operated by a UST A Member Organization, a membership application for such operator (s to be delivered to the UST A Membership Department. Dues will vary depending on category, therefore you should contact the organizational membership representative in the White Plains ~ office. 20. SITE USE. If PROMOTER is not the operator of the site of the TOURNMvŒNT, then Promoter will attach to this Agreement written permission of the operator 'of such site for the use of the site and the appropriate facilities necessary for the staging of the TOURNAMENT. 21. USTA DRAW.SHEETS. The USTA will provide the PROMOTER with official USTA Circuits draw sheets. PROMOTER agrees that these draw sheets will be used exclusively. 22. AMATEUR REIMBURSEMENT FORM. PROMOTER agrees to use the USTA Amateur Reimbursement Form as a record of reimbursement of amateur expenses. 23. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties. It shall be construed in accordance with the laws of the State of New York and shall be executed by both parties in duplicate. IN WITNESS WHEREOF, the parties have duly executed this Agreement. DATE: PROMOTER: DATE: BY: Richard D. Ferman, Jr. Executive Director Please mail ALL Contract Information to: Michele Padovano Circuit Coordinator USTA Circuits Department 70 West Red Oak Lane White Plains, NY 10604 . } ~ UNITED STATES TENNIS ASSOCIATION .. INFORlVlA TIONAL SUMMARY TOURNANŒNT NANŒ: TOURNAMENT DIRECTOR: TOURNANŒNT FACILITY: SURFACE: TOURNANŒNT FACILITY STREET ADDRESS: CITY: STATE: ZIP: # OF TOURNANŒNT COURTS: # OF PRACTICE COURTS: INDOOR: OUTDOOR: MAIN DRAW SIZE: DATES: QUALIFYING DRAW SIZE: DATES: PROMOTER: PROMOTER'S STREET ADDRESS: CITY: STATE: Z:œ: TELEPHONE AREA CODE: BUSINESS #: HOME #: FACILITY #: FACILITY FAX #: A TTACHMENTS: Please make sure that you have attached the following to this Agreement: 1. Guarantee Deposit of$5,000.00. 2. Sanction Application and Sanction Fee of $500.00. 3. Membership Application and Membership Fee. 4. Written Authorization of Operator of Facility. 5. Letter of Sponsorship. If not attached, to be delivered no later than 6 months prior to Tournament. 6. Copy of Certificate ofInsurance. If not attached, to be delivered no later than 60 days prior to Tournament. . 6/4/96 } ~ 1"& Delray Beach Tennis Center Schedule of Events 1997 DATES * UST A Satellite/Challenger Series for Women Pro Confirmed Jan 12-19 UST A Jr. Satellite Amateur Confirmed Jan 11-13 Nuveen Tour Pro Tentative Feb 20-23 "* ~ USTA Adult Tourney Amateur Confirmed Feb 22-24 De/ray Beach City Championships Amateur Confirmed Mar-96 USTA Adult Tourney Amateur Confirmed April 19-21 UST A Jr Sanction Amateur Confirmed May 10-12 UST A Designated Jr Amateur Confirmed May 24-26 NAIA Golf Tourney (Delray Beach Golf Club) Amateur Confirmed May 21-22 USTA Satellite Jr Amateur Confirmed June 21-23 USTA Satellite Jr Amateur Confirmed Sept 6-8 USTA Adult Tourney Amateur Confirmed Sept 20-21 * USTA/ATP Challenger Pro Confirmed Sept 22-29,/- USA Roller Hockey Amateur Tentative Nov 5-8 - Virginia Slims Legends Pro Tentative Dec 5-8 * CITY OWNED EVENT . . MEMORANDUM TO: David T. Harden, City Manager FROM: r?' Robert A. Barcinski, Assistant City Manager DATE: November 14, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 19. 1996 BID AWARD STAGE EXPANSION TENNIS CENTER Action City Commission is requested to award a bid in the amount of $24,000.00 to Southern Bleacher Construction Company, Incorporated for a 20' x 40' stage expansion to the existing 20'x40' stage. Funding is available in 334-4145-572-63.43 Tennis Center - Phase III. Backaround In order to comply with the agreement between the City and Palm Acts, the existing 20' x 40' stage needs to be expanded to 40' x 40'. The original stage was built under the stadium contract by Southern Bleacher Construction Company. The stage expansion needs to be identical to the existing stage so that the sections will fit together and be compatible. Staff in their professional opinion feels that this is a sole source item for the following reasons: 1. Deckina - The surface of the stage is very important to performers. With the bright lights in the eyes of the act, a performers feet tell him/her where they are. Therefore, a consistent surface is very important. 2. Framina - The framing or understructure of the sections is very important not only for stability but for "matching" when the 10 sections are joined together. A mismatch between old and new sections could cause an uneven surface as well as a safety problem when joining the sections together. 3. Another Provider - Staff has been unable to find anyone else who produces this type of staging. Attempts were made to Betco and Marr and we looked in the International Association of Auditorium Managers list of suppliers as well as "facilities" products and services resource guide without finding another source. Southern Bleacher also proposed an assembly charge of $7,200.00. We are proposing that the stage be assembled with City Crews. We estimate that three (3) men over a five (5) day work week can assemble the sections at an estimated cost of $1 ,900.00. q·C· Subject: Aaenda Item City Commission Meetina November 19.1996 Bid Award Staae EXDansion Tennis Center Date: November 12, 1996 Page: Two (2) Recommendation Staff is recommending award of the bid for a 20' x 40' stage that is compatible to the existing stage to Southern Bleacher Construction Company, Incorporated in the amount of $24,000.00 with funding to come from account number 334-4145-572-63.43 Tennis Center - Phase III. Staff is also recommending that City Crews assemble the stage. RAB:tas File:u:sweeney/agenda Doc:tennisct.agn - I 9('./ . Agenda Item No.: AGENDA REQUEST Date: November 12. 1996 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: November 19. 1996 Description of agenda item (who, what, where, how much): City Commission is reauested to award bid in the amount of $24,000.00 to Southern Bleacher Construction Company. Inc. for a 20' x 40' stage expansion to the existing 20' x 40' stage. Funding iH available in account number 334-4145-572-63.43 Tennis Center - Phase III. ORDINANCE/ RESOLUTION REQUIRED: YES/@ Draft Attached: YES/NO Recommendation: ~~~~'-~ Cð-p..f'-~~ Department Head Signature: ?~~~~~L // )2/96 Determination of Consistency with Comprehensive Plan: ¡..)/ A. City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: ~ N Funding alternative . A Account No. & Description: Account Balance: /J..;)f~, ~-V'}'">'L (rdc,1'^. 7'Z-Ó'-Ctic-~- ?i.I-N,,:,. 770l') City Manager Review: ~~¡; lfÇLfhG 3ly-f.rl;1~ '>11- '2/0 ,<teL> Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved OCT-19-96 09:53 AM Delr-ay Bch Tennis Cen~er- 561+243+7362 P.02 SENT ßY: 10-18-96 ; 13:48 ; SOLTHER\ BLf..KHER.... 561+243~7362:# 2/ 2 ~ Bl~FACHER COMPANY, INC. MIlMlJhrd /'N6 (;(Jods[.1mh. P,ll-Jchcr~. StadillOH October 18,1 ~c)G Paul Felsbury City of Oclr:-JY Beach Tennis Center Delray Be<1î.11, rl Fax, 5G1-21'13-7362 Re: Enlargement of Existing Moveable Stage Platforms De:lr Paul, Soutl1ern Bleacher will furnish steel and aluminum materials to duplicåté the lower stage area provided in 1995 Five 8 foot wide by 20 foot !ong moveable scçtìons with screw jacks for tav~ling ~nd support. Material:» Dcl ivered ......... n.' .......... ..... ............'...... ,.,............ ..... ...... .......... ............... $2~~.Q Add For Installation by Southern Bleacher ........................................................... $ 1,2ÒO.OO ~~¡ncc:rely . SOIJTHFRN BLEACHER CONSTRUCTION COMPANY )L L1J1 ,- ~-- Glenn McNatt Sales Representative GM:ig tj[ll) 14 '96 1 C1 : C12 FP f'JAPF' COr1F'm·j IE:::; 617 269 8604 TO 15612437362 F'. Ø1 SCAFFOLDING 5WI~JGSTAGE" SI£OL{ING &. FOLl.l\illNG SCISSOR UITS BLEACHER SEA TiNG ...ERI¡\!. I'LA TFOR!\I~, EI~£CTION S£RVIŒS S£LF PROrl:LLED & ENGINEERINC & DESJCf·; TRUe!< MOUN1ED ONE D STREET . SOUTH BOSTON . MASSACHUSETTS 021 2 ì IJRA!\'CHES PRO V ¡ 0 ENe E, R r & 5 F R I N C; F r E L D, M J\ [61í] 269-7200 . F,,\X [6171269-;3604 November 14, 1996 Mr. Paul Felsburg Delray Beach Tennis Center 201 West Atlantíc Avenue Delray Beach, Florida 33444 HE: 'fEHN':rS cmfl'ER STAGE SYSTEM Dear Mr. Felsbur9, I am in receipt of your drawings and requirements for the expansion of your stage system at the Delray Beach Tennis Facility. In order to expand and provide you with a match of your existing system I would recommend that you contact Southern Bleacher COlí1pany of Gra.ham, Texas directly for the design, fabrication and installation of this system. Because of our Dealer Territorial Agreement with our manufacturer, we are not able to provide you wíth a proposal for this expansion. Southern's Florida representative, Glen McNatt will bè pleased to assist you. Thank you for allowing us the opportunity to review this project and please do not hesitate to contact me if you have any questions. Very truly yours, Anne. L. ch Sales Manager ALW/s 'IA~ t~·.·¡(.t.§'1i.';~.'. ~. FFDLD 1~~:t~,~. " . ;~~~ ~4'2' ;.1~, . '.... ~ . .' . 1617 Enid ~~n, Texas 77009 . ., P.O. Box 8508 HouJf¡þn. Texas 77249 Phon~ (713j 869-3491 Fax: (713) 869-6541 F~CSIMILE TR~NSMITTAL TO: PALTL .F..E.LSB~.RG, G,EbT_ MGR_ I).AXS.. 11/14/96 ¡'AX NO: 561-243-7J6¿ NUMBER OF PACES INCWDIlf!; 'l'1I~ ON~: J FROH: PAT ~AYN~ FA4 89: 314-~76-52Q5 PHONE NO: 314-376-4600 SU&TEC'P: ADDI'l'IOB TO EXIS'l'ING ST/JG.B Dear paul, This is to confirm that we have had to respectfully dêcline your request for our quotation. The na~ure of ~he job and its distance from our offices in Houston, ~e~as simply make it impossible to submit a reasonable bid. Thanks, again, however for the opportunity. We hope that in the future should you have a need for seating such as bleachers, or a stage of the type that we manufacture, you will let us know. Sincerely, 10:d 5025gLEb1E:1 OJ138 Tb:0T g6 bT-TT ~ TO: ROBERT BARCINSKI, ASSISTANT CITY MANAGER FROM: PAUL FELSBERG, GEN. MGR., DELRAY BEACH TENNIS CENTER SUBJECT: TENNIS CENTER STAGE DATE: NOVEMBER 1, 1996 In order to comply with the agreement between Palm Acts and the City of Delray Beach, I have been investigating the acquisition of additional sections of staging to give us the agreed upon 40' X 40' stage as called for in the contract. The new section would be 20' X 40' and needs to match in all aspects the existing structure. The original stage was built by the Southern Bleacher Company of Graham, Texas under the blanket contract for the stadium. They have furnished me with construction diagrams and parts list for our cur- rent stage. These were sent to Betco Scaffold and Bleacher Company in St. Louis, Missouri and subse- quently sent to the Marr Company in Boston, Massachusetts by Betco when they felt that they were not capable of doing the job. The Marr Company when contacted stated that they would have to subcontract the job to Southern Bleacher. Southern Bleacher Company has given the City a bid of $24,600.00 for materials and a bid of $7,200.00 for assembly of the stage sections. It is my opinion that since the present stage was purchased from Southern, that it would be in the best interest of the City to purchase the additional sections of staging from Southern as a sole source provider for the following reasons: 1. All materials, especially decking, would be the same. 2. All support structures in the frame would be identical. 3. All new sections would be constructed to match existing sections when joined together. 4. The new sections could be constructed to be in the center. This would leave the current outer sections which have attachments for the support of a temporary cover in the proper position for the use of these attachments as was in the original design of the stage. After conferring with Hoyt Owens, Deputy Director of Public Works and Glenn McNatt of Southern Bleacher, it is our opinion that City Employees could put the sections together saving the City the $7,200.00 cost of installation. copy: B. Dubin <íò:lt~ fTrc;)v'S·k-, -=ìrõW\. :'~. ~ (5 ìo'? t-.s SJhj<èc- T: ~4::~ç\-i ì<.M. ""'L c:5'\A-s~N;j - ~è>Ì~ SO()rC£'~":Öt-\ Uk'-=¿: ¡I/It{ (9~ ,I..... -Ç" \.\ OW,^, \ -. :ó> ''':- '1 ~<M5 \;'0.- ~cC>"^,,,:"'^' ~ "" ~ S'::).;)~ý'N t>\'cA-<:..\...C'é:\-'> A-<::. ~ç,. 5JI~ S9VïG£.. -fo... .A~\'\-\'V\^.A- L ...sc-T ,'O,ti5 o-Ç 5Y~ ~ ~ ! .J)~ck.~S .- Th't:: 'SU""M'~ o-Ç- '~E 1S\~C¿ "'S v<trO ilM.~Oi-IMT ·70~·~'W.-S~ Wi ~ -ï1.ç, b~¡'~kT t-'¡,')~Ts ',W \kE:. "'2$£5 0+ '7k~ ,q.¿T) A- r'i:-~~H$ ~~T --r~{( MVv./'a- W~'L 'n ~ ';/ ~. 11.. ý¡;c'c. ~\~) A- é()¡V 5~-:;,7 Mi 5 () r-+.1-L~ ¡ _~ V e.~ lV\.-...~ðrlA"$~ ';1. , ~ \Ä- /\'\Æ ~^' ~ .- '---;:k 'ê·-.çr~ ~I\J~ OR ..j.\; lee 1- b"7 u~-r '-^I~ C-Ç. \\ é.... .5EC(ic;~S "'5 Ucz'2) i~ÒP-!MI NdTbN~ ~\- "tS)A-\J¡L't,Y bJT +0;- 1'" m 11-'ìc..kè'''V S :r UJ \..ÉK. ~£.. /0 S€C.'T,'ClnI-:S /hC:- j OIW<ë<L ~ °S-r ÏÀ¥rt..... A- fn~~~ìc..k.. ~010~f"i.<) '()(A. ~C> ¡V<2-'-<.J Sfé.cT¡''k.5 COiJ I¿ C+--¡);'::> ~ ViYv Ù.v ç";'::'\00 "5 vr--E\,I\-c<t- A--::;., t-v t' (f ?4s Æ S,~ ')-" ~)'ro l-J I.~: iM- uJ K ª,N ~ 0 ,\¡.j ìW_S l\-t- € S~ c..'TÙ-1,~_S TG) €:. ~ f r . ~3, 4volÀç;·~-=VïO,-,l.deR. --L ~£- ~€bV UtJ/l.-blL Ii) +;1-J d. ¡t1.-vLe.1GvU~ e(Sf: uJkð rrò~Jc~ t1M.~ 't'(¡Jf.. ö-G S/~'~S' t4-tt-~~ì5> w ~ PC ~ E- '-¡- 0 ·15~Ic.c cv.......:L ~ r i/"rvV 0 .I .l-ac;;t::'é cL "-J ~ I~lj7i::UtJ;;;fi-V't(uf1- .4;;/ðe.\fR'/~ rf- A.dd~T2Jr-;(j~ ~-^SCé ,-5 lc--i) I o-Ç 6vcpp (~IlS ~ We (( 11'1-5 r(~;'C:-ri-'és. If 'i?ìVck>c't- 5 ~"D 5ehJ ¡è. 'is V ~ So0tl-L~ c;;:- v~ d. E W; Yx.()( T ..ç :rJ~ ~.~ ~ <:>'~Ç. ,,- 'So.;) ~£- . J I UlO JI d.... k7 e.- W- ð r ~ S>~ /v¡...A- L Dt?;'N ~ o"^-.. ~\. --fe¡- COJ1/s¡--':>J~tJ~ rt d~(~ ~~ ~..ç..;.7 \~5( .:SJ vR t ì IVy ~~ .s. sk.o J I r!- ~ k: CcNL "þ :- d <t~ 6- ..A-&A-~ ø I <L ,S,,>v r- (.. 'Z- r rv u", ~fl- -Ço ~- ""\k ~ 8Y~ ì>v8 . ~ '^" c';; / 'Î . ' / /~Jf..,,/I £ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 2:':;,! ~<\\.' "';' ' L)~_~! H¡,\Y BEACH, FLORIDA 3..}";·+4 Fr\(':, ,\li;_.l~ ~ Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR I D A ........ AII·America City MEMORANDUM , , II ,! DATE November 12, 1996 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to the Solid Waste and Recycling Collection Franchise Agreement The City entered into an Agreement with Browning-Ferris Industries of Florida, Inc. (BFI) on August 8, 1996, for the collection of solid waste and recycling materials within the City. Country Manor, Imperial Villas and Highpoint Subdivisions have requested a modification of their rate structures due to their unique circumstances. They have requested a curbside disposable bag service with vegetative waste and bulk trash pickup. Approval of this new service would require an amendment to the contract. City staff has also been informed of several multi-family units that currently dispose of their garbage and trash in roll off compactors that exceed 10 yards in capacity. Therefore, the contract should also be amended to provide clarification that all rolloff compactors that service multi-family units for garbage and trash collection are covered under this Franchise Agreement. By copy of this memorandum to David Harden, City Manager, our office requests that this amendment to the Solid Waste and Recycling Collection Franchise Agreement be placed on the November 19, 1996 City Commission agenda. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safford, Finance Director bfic0n2.amd ® Pritl,'ecf Recyc!eciPHper 9·0· - . ~ AMENDMENT NO.2 TO SOLID WASTE AND RECYCLING COLLECTION FRANCmSE AGREEMENT DATED AUGUST 8. 1996 THIS AMENDMENT NO.2 to the Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996 is made this _ day of . 1996 by and between the CITY OF DELRAY BEACH (the City) and BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC. (BFI). WIT N E SSE T H: WHEREAS, the parties entered into a Franchise Agreement dated August 8, 1996, to provide for the collection of solid waste and recycling materials within the City~ and, WHEREAS, the parties desire to amend the Agreement to provide for curbside disposable bag service with vegetative waste and bulk trash pickup for the Country Manor, Imperial Villas and Highpoint Subdivisions~ and, WHEREAS, the parties desire to amend the Agreement to clarify that rolloff compactors rolloff containers, regardless of size or capacity, that service residential units for garbage and trash collection, are included under the terms of this Franchise Agreement. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated August 8, 1996, is hereby amended to provide that the Country Manor, Imperial Villas and Highpoint Subdivisions shall receive curbside disposable bag service with vegetative waste and bulk trash pickup at the cost of four dollars and twenty-six cents ($4.26) plus a thirty-five cent ($.35) administrative fee and a fÌ'anchise fee of twenty-one cents ($.21) for a total offour dollars and eighty-two cents ($4.82). · 3. The Agreement is further amended to provide that all rolloff compactors and rolloff containers that service residential or multi-family units and that are used for garbage and trash collection, regardless of the size or capacity of the compactor or container, shall be included in this Franchise Agreement. 4. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 5. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to legal form and sufficiency: City Attorney · - WITNESSES: BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC. a Delaware corporation By: William B. Johnson, Vice President (Name printed or typed) (Corporate Seal) (Name printed or typed) bfic0n2.rev C~/ {'.:¡L'1 MEMORANDUM TO: David 1. Harden, City Manager FROM: ~óbert A. Barcinski, Assistant City Manager DATE: November 13, 1996 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 19. 1996 CONSIDER ALLOCATION OF CITY GRANT FUNDS CHARITABLE AND BENEVOLENT ORGANIZATIONS FOR FY 96·97 Action City Commission is requested to review and approve recommendations for the allocation of funds in the City Commission Special Events account and the Miscellaneous Grants account in the General Fund. BackQround A total of $46,050.00 was approved in the City Commission budget for special events with events and organizations designated as recipients. A total of $170,030.00 was budgeted in the Miscellaneous Grants account without designation of funding. A total of $56,684.00 was requested from the Special Events account and we received a total of $364,858.00 in requests from the Miscellaneous Grants account. As we had done last year, a staff committee composed of myself, Ms. Butler, Major Lincoln, and Mr. Dragon reviewed the requests for funding. Recommendations for funding are attached (Exhibits "A" and "B") with a summary of performance of information (Exhibit "CO). A summary of the Committees recommendation is as follows: A) Special Events The Committee concurred with the budget recommendations with one exception. The committee felt that $500.00 should be allocated to Project Graduation versus the Unity Club. Our reasons were that a request was received from Project Graduation and not from Unity Club. It was also noted that funding provided to the Unity Club last year was not used to bring in a speaker. B) Miscellaneous Grant Account The Committee carefully reviewed each request to impact on City residents, other funding availability, and overall financial health of the organization. We felt that all the requests were worthy of consideration, however with limited resources. We could not meet the requests of all organizations. 0~()ßJ~ 10 o {', e. -$ 5cG f0/71 . (lonl;ì)r¡~~j¡11ØJ V ¡'~ ) 5Ak~ fp/PJI IÞf:5 rot:- 9.£. Subject: Aaenda Item City Commission Meetina November 19.1996 Consider Allocation of City Grant Funds Charitable and Benevolent Oraanizations for FY 96-97 Date: November 13, 1996 Page: Two (2) We have not recommended funding for organizations who have not received funding in the past. Funding has been recommended at the same levels as last year except for the Community Child Care Center of Delray Beach and the Drug Abuse Foundation. The following was considered in our recommendations for these two organizations. Drua Abuse Foundation - In addition to the $30,000.00 requested at budget time, the Drug Abuse Foundation requested an additional $15,000.00 from the City for half salary for a Case Manager to assist in the Drug Courts and after care program. Commission had previously committed to this program. Community Child Care Center of Delrav Beach - In developing our recommendation to reduce the funding level to this organization, the Committee noted that an additional $21,000.00 was being provided from the Community Development Block Grant Program and that the organization reflected a healthy financial position. I also want to note that the balance of the City's commitment of $85,000.00 for the Boys & Girls Club is being provided through the Community Development Block Grant Program and the $30,000.00 requested by Pineapple Grove Main Street was funded as a separate budget item. We also considered dropping funding to the Alzheimer's Association and Hospice by the Sea due to their healthy financial condition but felt that we should continue funding due to service provided to the community. Recommendations Consider staffs recommendations for allocation of funding to benevolent and charitable organizations from the Miscellaneous Grant account and funding special events from the City Commission account. RAB:tas File:u:sweeney/agenda Doc:citygran.agn EXHIBIT A I. Special Events Organization Proposed FY Requested FY FY 1996 Funding Recommended 1997 1997 FV 11)1)7 Christmas Parade $3,000 $3,000 $3,000 $3,000 Contingency $1,250 $1,250 $1,250 $1,250 Education Expo $2,000 $2,000 $2,000 $2,000 Fotofusion $6,000 $15,434 $6,000 $6,000 Fourth of July Celebration $8,000 $8,000 $8,000 $8,000 Joint Venture Christmas Tree Security $5,000 $6,000 $5,000 $5,000 Martin Luther King Celebration $300 $500 $300 $300 Project Graduation $0 $500 $0 $500 Roots Festival $2,000 $2,000 $2,000 $2,000 Safety Patrol Trips $1,000 $1,000 $1,000 $1,000 Sister Cities Committee $2,000 $2,000 $2,000 $2,000 Sunshine Tennis Cup $15,000 $15,000 $15,000 $15,000 Unity Club $500 $0 $500 $0 TOTAL $46,050 $56,684 $46,050 $46,050 · EXHmIT B GENERAL FUND FY 1996-1997 Organization FY 1997 Amount FY 1997 Amount 1996 1995 1994 ~ ,. ~ ,. ~ " Aid to Victims of Domestic Assault $35,000 $17,800 $17,800 $15,000 $15,000 Alzheimer's Association $10,000 $1,000 $1,000 $1,000 $1,000 Boy's & Girls Club of Palm Beach Co. $85,000 $51,200 $51,200 $51,200 $51,150 Community Child Care Center of Dekay $30,000 $25,000 $30,000 $30,000 $30,000 Beach Children's Case Management $45,540 $0 $0 $0 $0 Organization Deaf Service Center $8,000 $6,000 $6,000 $6,000 $6,000 Drug Abuse Foundation $30,000 * $32,530 (1) $20,000 $20,000 $20,000 Hospice by the Sea $15,383 $2,500 $2,500 $7,500 $7,500 Healthy MotherslHealthy Babies $20,000 $0 $0 $0 $0 Mae V olen Senior Center $5,000 $3,000 $3,000 $3,000 $3,000 Pineapple Grove Main St. (3 year $30,000 funded as a $30,000 $30,000 $0 commitment) special item School District of Palm Beach County $36,035 $28,000 $28,000 $26,970 $30,820 Child Care Program The Association of Retarded Citizens $5,200 $3,000 $3,000 $1,000 $0 (ARC) The Community Food Pantry $2,500 $0 $0 $0 $0 Wayside House $7,200 $0 $0 $0 $0 TOTAL $364,858 $170,030 $192,500 $206,670 $164,470 (1) Includes $20,000.00 which matches last year funding level and $12,530.00 to assist in funding the Case Management Worker position. " . . FY 1996-1997 EXHIBIT C AGENCY AMOUNT TOTAL NUMBER NUMBER OTHER REQUESTED BUDGET SERVED DELRAY FUNDING RESIDENTS AVDA $35,000 $495,501 224 shelters 101 6,164 outreach 3,143 X ALZHEIMER'S $10,000 $282,844 6,582 872 x ASSOCIATION BOYS & GIRLS $85,000 $256,356 540 99% X CLUB CHILDREN'S $45,540 $173,567 61 families 56 families X CASE MGMT. COMMUNITY $30,000 $635,600 119 children 112 X CHILD CARE CENTER DEAF $8,000 $552,470 9,440 1,047 X SERVICE CENTER DRUG ABUSE $30,000 $247,584 180 per month 60 per month X FOUNDATION HOSPICE BY $15,383 $11.8 million 2,253 517 X THE SEA MAE VOLEN $5,000 $1. 7 million 740 157 X SCHOOL $36,035 $7,149,884 2,440 306 X DISTRICT ASSOCIATION $5,200 $11,300 Delray 643 45 X FOR Only RETARDED CITIZENS FOOD $2,500 $85,336 125 per day say almost all X PANTRY WAYSIDE $7,200 $720,000 425 75% X HOUSE HEALTHY $20,000 $1,200,000 1,221 73 X MOTHERS/ HEALTHY BABIES Need to cut $128,000 f.Mr~/ £ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 2(1(1 t; , ", ~ ' DELRX{ DL\CH, FLORDA3.J4,!,1 FAl~:Sll;:~ll.~ 4l},:,::,'," ~i5j DELRA Y BEACH MEMORANDUM F LOR I D ^ ~ AII·America City " III~ DATE: November 15, 1996 TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Agreement With Delray Beach Housing Authority The attached agreement provides that the City will provide an executive director to the Housing Authority who shall be under the direction of the Housing Authority Board. The Housing Authority will pay one hundred percent of the cost of this position to the City. The agreement further provides that the City will set up certain administrative processes for a one-time fee of $5,600.00 and if the Housing Authority subsequently decides to contract for accounting and fiscal management services, a monthly service fee of $4,000.00 per month offset by the one time administrative charge will be paid to the City. The contract is for a one year tenn which is automatically renewable for two additional one year periods. The agreement may be tenninated by either party without cause upon thirty days' notice. The agreement, once approved by the City and the Housing Authority, must also be approved by HUD. If you have any questions, please call me. s~ cc: David Harden, City Manager Robert Barcinski, Assistant City Manager Alison MacGregor Harty, City Clerk dbha.sar ® Printccf ;)," Rt}\~'YC/(:cJ Paper q.F AGREZMBHT FOR ADMIHISTRATIVE UD MAlCAGEMEH'l SERVICES BE'l'NEEH TBB CITY OF DELRAY BEACH ARD THE DELRAY BEACH BOUSIKG AUTHORI~Y This Agreement, made and entered into as of the day of , 1996, by and between the DELRAY BEACH HOUSING AUTHORITY, hereinafter called the "PHA," and the CITY OF DELRAY BEACH, a Florida IDunicipali ty , hereinafter called the "city." WHEREAS, the PHA, a public body organized and existing under and by virtue of the Laws of the State of Florida, has received allotment of funds from the united states Government, acting through the Department of Housing and Urban Development, for the purpose of developing and managing units of low-rent housing and subsidy awards to eligible tenants living in privately owned rental units, and WHEREAS, the City represents that it is competent and able to undertake certain administrative services of the PHA owned properties and program activities, and WHEREAS, the PHA has likewise indicated its desire to engage the City to render professional services and assistance in connection therewith, and WHEREAS , it is deemed mutually advantageous to enter into this Agreement, providing for the specific management services of the PBA's properties, funds awarded annually from the Department of Housing and Urban Development and other appropriate entities, and all program activities assigned to the Authority~ NOW, THEREFORE, the PBA and the City, in consideration of those premises and of the mutual convenience herein set forth, do mutually agree as follows: SECTIOK 1 SCOPE OF SBRVICE A. AgreemeD~ To Perform Work: The PBA agrees to engage the City through this contractual Agreement and the City agrees that during the term of this Agreement to perform the services as stated herein and the PHA agrees to pay for the performance of such work on and under conditions set forth in this Agreement. , I ! B. The Work: The work shall consist of the following services: 1. The City shall recommend and assign a City employee to serve as the Acting Executive Director of the Authority. The PBA shall approve or disapprove the recommendation according to the procedures established in the by-laws of the PHA. The City employee appointed as the Executive Director shall report to the Board of Commissioners of the PHA and have general supervision over the administration of the business and affairs of the Authority, and shall be charged with the management of the housing project and other programs of the Authority, subject to the direction of the Authority. 2. The City shall provide to the PHA additional administrative services as follows (all to comply with applicable laws and BUD Regulations) : ~ Personnel file set up and maintenance procedures including proper documentation and recording of employee attendance, training, evaluation system and other items in accordance with the Authoritys adopted personnel rules and regulations. ~ Develop and implement a Work Order System for maintenance and repair items for public housing units to include proper tracking of materials and supplies associated with this actbri ty . o. Develop and implement a record retention system for the internal payroll and accounting activity. ~ Development of a Building Maintenance Inspection and Improvement Plan. o. Development of a Landscape and Irrigation Improvement Plan. 3. If subsequently approved by the PHA, the city shall provide to the Authority Accounting and Fiscal Management Services as follows (all to comply with applicable laws and BUD Regulations): o. Preparation of annual budget and year-end financial reports ~ Administration of all accounts receivable and accounts payable o. Payroll Administration o. Fixed Assets Management (includes the inventory of existing assets) o. Risk Management oversight o. Management Information Systems (MIS) technical assistance and I oversight o. Monthly Account reconciliation . Monthly financial report for the Board of Commissioners o. Recommendation and maintenance of investment accounts ~ Monitoring of staff performance for all systems de~elopment and implemented · Development and implementation of procurement policies in compliance with applicable federal regulations (includes technical assistance with bid specifications, requisitions and purchase orders) I 2 I The PHA may negotiate for additional services beyond the scope of services provided and contained within this Agreement. There shall be a separate Agreement in writing as to the rate of pay and the estimated time of performance and oosts for any agreed-upon additional servioes that may be beyond this contract. The PBA shall keep a separate record of these reimbursables and services and the City shall invoice the PEA separately thereof. SECTION II COMPEIISATIOH The PEA agrees to compensate the city, in aocordance with the terms and conditions of this Agreement as follows: 1- Reimbursement to the City monthly payments at 100% of the annual salary and benefit cost for the Acting Executive Director Position for the term of the agreement. The amount to be paid from October 16, 1996, through January 14, 1997, is fi~e thousand one hundred forty six dollars and thirty six cents ($5,146.36) per month and the rate shall be adjusted for each additional year for which this Agreement is extended to reflect salary/benefit increases. 2. A one-time service fee of Five Thousand Six Hundred dollars ($5,600) for the additional administrative service items defined under Section I, item number B2. 3. A monthly service fee of four thousand dollars ($4,000) beginning on the date the PHA contracts for the accounting and fiscal management services defined under Section I, item number 3, however the PHA shall be given credit against such sums due for the amount paid to the City pursuant to item number 2 above. SECTIOR III GENERAL TERMS ARD COIl1DITIORS A.. Term of COD~rac~. The term of this Agreement shall be one ( 1 ) year beginning , 1996, and automatically extended for two ( 2 ) additional one-year terms unless terminated by either party thirty (30) days prior to each such extended term. If, throug-h any cause, either party shall fail to fulfill in a satisfactory manner its obligations under this contract, the other party shall thereupon have the right to terminate this contract by giving a written notice to the noncomplying party of such termination and specifying the effective date thereof I at least thirty (30) days before the effective date of termination. In such event, all finished or unfinished documents, data, studies and reports prepared by the City under this contract shall, at the option of the PHA, become its property. The PHA and the City shall 3 have the right to terminate this Agreement (other than the services being provided pursuant to Section I(B)(2)) without cause upon thirty (30) days' advance written notice to the other party. B. Changes. The PBA may, from time to time, request changes in the scope of services of the City to be performed thereunder. Such changes, including any increase or decrease in the amount of the Citys compensation, which may be mutually agreed upon by and between the FHA and the City, shall be incorporated by written amendment to this contract and shall be subject to the approval of BUD. C. Indemnifica~ion. The PHA agrees to indemnify the City from any and all liability, loss or damage the City may suffer as a result of claims, demands, costs or judgments against it arising from the acts of City employees when performing acts in furtherance of this Agreement, under the supervision of the PHA other than by reason of the City's negligence or intentional acts. D. Rondiscrimination. There shall be no discrimination against any employee who is employed in the work covered by this contract, or against any applicant for such employment, because of race, religion, color, gender or national origin. These provisions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruit:ment or recruitment advertising; layoff or termination; rates of payor other forms of co:mpensation¡ and selection for training, including apprenticeship. In case of any subcontracting of the work covered by this contract, the City shall insert the preceding two sentences in this Agreement with the subcontractors. E. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted any proceeding under or relating to the labor standards applicable thereunder to his or her employer. F. Compliance with Local Laws. The city and the PHA shall comply with all applicable laws, ordinances, and codes of the state and local government. G. Subcontractba9· None of the services covered by this contract shall be subcontracted without the prior written consent of the PHA. The City shall be as fully responsible to the PHA for the acts and omissions of its subcontractors, and of persons directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it. The city shall insert in each subcontract appropriate pro~isions requiring compliance with the labor standards provisions of this contract. B. AssigDabi.lit.y. The City shall not assign any interest in this contract, and shall not transfer any interest in the sa:me without i 4 I I the prior written approval of the PHA. Pro"ided, however, that claims for money due or to become due the City from the PBA under this contract may be assigned to a bank, trust cOInpany, or other financial institution, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the PHA. I. In~eres~ of Local Public Officials. No member of the governing body of the PHA, and no other officer, employee, or agent of the PEA who exercises any functions or responsibilities in connection with the carrying out of the services to which this contract pertains, shall have any personal interest, direct or indirect, in this Agreement or to any benefit that may arise thereof. J. Interest. of Cert.ain Federal Officials. No member of or delegate to the Congress of the United States and no resident commissioner shall be admitted to any share or part of this contract or to any benefit to arise herefrom. It. Accessibili'ty. Representatives of the PHA, Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized agencies, shall have access to any books, documents, papers, and records of the City which are directly pertinent to the PHA for the purpose of making audit, examination, excerpts, and transcripts thereof. SECTION IV TERM This Agreement shall begin on the first day of , 1996 and shall expire on the 30th day of , 1997, subject to earlier termination as provided herein. This Agreement may be renewed for subsequent periods by the parties hereto upon the exception of a memorandum so stating. IN WITNESS WHEREOF, the parties hereto have made and agreed to mutually bide by the covenants contained within this Agreement as written. The parties hereto have caused these presents to be signed by their duly authorized officers on this day of , 19 . - i WITNESS: CITY OF DELRAY BEACH, FLORIDA I I By: Mayor I 5 I I - , . DELRAY BEACH HOUSING AUTHORITY By: Chairperson Approved as to Form: City Attorney, City of Delray Beach : : 6 £ITY DF DELRAY IER[H OELRAY BEACH f I 0 . , 0 .... tdtd CITY CLERK 100 N,W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City , III I! 1993 December 11, 1996 Ms. Anna Yeskey Clearinghouse Coordinator Palm Beach Countywide Intergovernmental Coordination Program 500 Greynolds Circle Lantana, FL 33462 Re: Issues Forum Representation Dear Ms. Yeskey: Please be advised that Commissioner Kenneth C. Ellingsworth has been appointed by the Delray Beach City Commission to serve as our City's alternate representative to the Issues Forum. Mayor Jay Alperin is the primary representative. Kindly update your files. If you have any questions, please call me at 561/243-7050. Thank you for your assistance. Sincerely, ~ý!Jækup!lo;iy - .- Alison MacGregor Harty City Clerk AMH/m cc: Mayor Jay Alperin Commissioner Kenneth C. Ellingsworth David T. Harden, City Manager Diane Dominguez, Director of Planning & Zoning @ Printed on Recycled Peper THE EFFORT ALWAYS MATTERS MEMORANDUM 'ID: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECI': AGENDA ITEM # q.Q. - REGULAR MEETING OF NOVEMBER 19, 1996 ISSUES FORUM REPRESENTATION/APPOINTMENT OF ALTERNA'IE DA'IE : NOVEMBER 15, 1996 Mayor Alperin serves as the City's primary representative to the Intergovernmental Coordination Program's Issues Forum. Conunissioner Barbara Smith had served as his alternate. The ICP's Clearinghouse has asked for an update on our representation. The Issues Forum is composed of elected officials. Attached is a report detailing the activities and results of the Intergovernmental Coordination Program. Reconunend appointment of an alternate representative to the Issues Forum at the Commission's discretion. ref: agmemo13 ~~- RECE\VED -1 ,1~ f4~~}~~Þr . 10 1]'3 /qG, \ if ' Br'" ,,~ . óêf, 6 ~6/M CITY CLERK CITY MðA'''''rn,,,, .... . r¡r:FICF. Palm Beach Countywide Clearinghouse Intergovernmental Coordination 500 Greynolds Circle Program Lantana, FL 33462 October 8, 1996 Mr. David Harden City of Del ray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mr. Harden: The following is intended to serve as the annual report detailing the activities and results of the Intergovernmental Coordination Program as required by the executed Comprehensive Plan Amendment Coordinated Review Interlocal Agreement Article V Section 1(2)C. * The Clearinghouse received and transmitted a total of 53 separate plan amendment summaries to various participants as requested, an 83% increase ftom last year. * Of these, there were no formal objections addressed through the Fact Finding Panel process. However, there were two issues raised as potential issues of countywide significance which were plan amendment related. The first one involved the Town of Lake Clarke Shores and Lake Worth regarding the Keller Road Bridge Closure. The second one Palm Beach Gardens and Palm Beach County over an amendment involving a State Road 7 Extension. In the first issue mediation was offered. The second request was directed back through the fact-finding process, this did not occur. * The Executive Committee, which serves as the steering committee, met four times during the 1995-96 fiscal year with Mayor Robert A. McDonald serving as the Chair, Commissioner Mary McCarty as Vice Chair and Bill Graham of the School Board as Secretaryffreasurer. * The Issues Forum, composed of elected officials, met three times and addressed the following issues which were raised as potentially having countywide significance: Post Disaster Redevelopment, Water Supply and Mediation were completed. As a result of these the Water Supply Subcommittee has been left as a standing committee. A Mediation plan and resolution were endorsed and will be pursued in future conflicts. ~ . Education Concurrency and the One Cent Sales Tax, Planning/Coordination of Bike Paths and Pathways, and Fire Rescue Services are currently being addressed by subcommittees and will be brought back at a later date. * The Interlocal Plan Amendment Review Committee (IF ARC), or planners group, is chaired by E. Scott Harrington, Town Manager, Town of Gulf Stream and met a total of four times. This group provided technical information to the Executive Committee on the issues of planning/coordination of pathways and bike paths and school siting. A subcommittee of IF ARC is currently reviewing the issue of School Overcrowding. The Executive Committee pursuant to Article IV, Section 2A(2) of the executed Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and the Issues Forum by a unanimous vote, at the last meeting, adopted the annual budget which keeps the annual fee at $550.00. This is to be paid to the Town of Lantana prior to October 31, 1996 or as soon thereafter as possible. I have enclosed an invoice to assist in the prompt payment of this fee. Also, please be advised that the next Executive Committee (October 21, 1996) and Issues Forum (November 18, 1996) meetings will be addressing school overcrowding. As these items are pressing issues facing Palm Beach County, it is strongly recommended that all members be represented at the Issues Forum meeting. Also, as part of the annual update, please notify me in writing if the following Representatives to the Issues Forum or IF ARC have changed: Dr. Jay Alperin Ms. Barbara Smith, Alternate Ms. Diane Dominguez Should you have any questions or wish to further discuss the Intergovernmental Coordination Program, please feel ftee to contact me at 547-4615. Sincerely, ~~~~ Anna Yeskey Clearinghouse Coordinator cc: Dr. Jay Alperin Diane Dominguez, Director of Planning [ITY DF DELAAY BEA[H DELRA Y BEACH f lOR I D "- 1 00 N.W. 1 st A VENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 t&ftd AII·America City " III! 1993 October 22 I 1996 Ms. Anna Yeskey Clearinghouse Coordinator Palm Beach Countywide Intergovernmental Coordination Program 500 Greynolds Circle Lantana I FL 33462 Re: Issues Forum Representation Dear Ms. Yeskey: Thank you for your letter of October 8, 1996, detailing the activities and results of the Intergovernmental Coordination Program. You asked that I notify you in writing if the City's representatives to the Issues Forum have changed. I regret to inform you that Commissioner Barbara Smìth passed away in March of 1996. Mayor Jay Alperin continues to serve as primary representative, as well as Diane Dominguez, our Director of Planning and Zoning. A replacement for the alternate position has not been named by the City Commission. If you have any questions, please do not hesitate to contact me at 561/243-7010. Sincerely, '1 C~71\ ~ II, -' / ' \. .' f-b n-- I. ,C t ',-,-,,- , ,~'~"-' .J David T. Harden City Manager DTH/AMH/m cc: Mayor Jay Alperin Diane Dominguez, Director of Planning and Zoning City Clerk ® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS MEMORANDUM 'IO: MAYOR AND CITY c:n.1MISSIONERS FRCM: fcITY MANAGER SUBJECT : AGENDA ITEM # 10· A - REGULAR MEETING OF WJEMBER 19, 1996 ORDINANCE NO. 51-96 (ADOPTION OF CDtPREHENSIVE PLAN AMENDMENT 96-1A) DATE : NJVEMBER 15, 1996 At the November 5, 1996, regular meeting, Ordinance No. 51-96 adopting Canprehensi ve Plan Amendment 96-1A was considered on first reading. After lengthy testimony and discussion, the ordinance was passed absent the text amendment to the Future Land Use Element concerning the creation of a High Density Residential land use designation as well as the Future Land Use Map amendment applying that designation to the Yake property. Exhibit "A" to Ordinance No. 51-96 has been amended to reflect the action taken on November 5th. It now includes two text amendments to the Future Land Use Element. One clarifies the description of the North Federal Highway corridor boundaries. The second changes the description of the General Conunercial land use category to allow for limited light industrial uses wi thin the geographic area bounded on the west by Dixie Highway, on the east by North Federal Highway between Lake Avenue (N.E. 14th Street) and the north City limits. Recanmend approval of Ordinance No. 51-96 adopting Comprehensive Plan Amendment 96-1A, as modified, on second and final reading. ¡J~ 5-0 ref: agmemo10 --- -~.,.- ~ .- ----.~ -.' ,---'- ORDINANCE NO. 51-96 I AN ORDINANCE OF THE CITY c:o.1MISSION OF THE CITY OF i DELRAY BEACH, FLORIDA, AOOPrING CCMPREHENSIVE PLAN ! AMENDMENI' 96-1A PURSUANr '10 THE PROVISIONS OF THE "LOCAL GOVERNMENl' CCMPREHENSIVE PLANNING AND LAND DEVEU)PMENT REGUlATION Aœll, FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE¡ ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT IIA" ENI'ITLED "COMPREHENSIVE PLAN AMENDMENI' 96-1A" AND INCORPORATED HEREIN BY REFERENCE¡ PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, I AND AN EFFEœIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Plarming and Land Developnent Regulation Act II; and " WHEREAS, via Ordinance No. 82-89, the City Commission adopted the ! doctunent entitled "Comprehensive Plan - Delray Beach, Florida II ; and ¡ I WHEREAS, the PI arming and Zoning Board, as Local PI arming Agency, ¡ did prepare an amendment to the Comprehensive Plan entitled II Comprehensive ¡ \ Plan Amendment 96-1A" ¡ and I ! \ WHEREAS, the Plarming and Zoning Board, as Local Planning Agency, I following due public notice, held a public hearing on June 10, 1996, in I accordance with the requirements of the "Local Government Comprehensive Planning and Land Developnent Regulation Act II ¡ and I I, WHEREAS, after the above referenced public hearing, the PI arming and Zoning Board, as Local Planning Agency, recommended to the City I Commission that the proposed Comprehensive Plan Amendment 96-1A be ! transmi tted¡ and WHEREAS, proposed Comprehensive Plan Amendment 96-1A was subni tted to and reviewed by the City Commission¡ and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 96-1A was held by the City Commission on June 18, 1996, at which time it was authorized to be transmitted to the Deparbnent of Conununity Affairs for required review; and WHEREAS I a report of Objections, Recommendations and Conunents (ORe) has been received from the State Deparbnent of Communi ty Affairs and said report has been reviewed by the Planning and Zoning Board , as Local PI arming Agency¡ and I -- WHEREAS, following due public notice, the second of two required public hearings on Ccmprehensi ve Plan Amendment 96-lA was held on November 19, 1996, in accordance with statutory requirements. NCM, THEREFORE, BE IT ORDAINED BY THE CITY CQ.1MISSION OF THE CITY OF DELRAY BEACH, FIDRIDA, AS FOLIŒS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Developnent Regulation Act II . I ! Section 2. That in implementation of its declared intent as set I forth in Section 1 of this ordinance, there is hereby adopted. the document I l entitled "Comprehensive Plan Amendment 96-1A", which is attached hereto as I Exhibit "All and incorporated herein by reference. f t Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Canprehensive Plan Amendment 96-1AII. 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 all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued. by the Deparbnent of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. i or the date a final order is issued by the Administration Commission finding I the amendment to be in compliance in accordance with Chapter 163.3184, F.S. I , PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of November , 19 6. , I A/JlT: Ii Ik 'Æm~~ l:ifì ~ I ity CI k First Reading November 5, 1996 I Second Reading November 19, 1996 I I - 2 - Ord. No. 51-96 1 I ! . EXHIBIT "A" to ORDINANCE NO. 51-96 CITY OF DELRAY BEACH :~ :~~:;(~~~{ l~r~}~r:4~~T0~~~f~.-:[~:p~<X?~Jt~:~~~·:~\~~·:(:,:;~nt~~:..:~% ·~~?~,~~-;'-"r~~.~~~i·> ?:~~~^~:' ~:' "'~... . ' . ...~.... ). "'N:- "'" ~: f «;.... 01)... *::.~: ':';'? :>;. "$. <:.. ~ -»Yt,;' 7.' Ú', ':3. ~:v :¿. »:<'. ~ ¡;.~..,.. 0: ~ ».f '. ,". ~ >V 1 ~ " . .., ..-.,;.ç, . .~:. .~~~)..: ".... ........ .-.....,.ß..l''''. »v »<J:............... ....... ...............J::.<'t~ .... ....v.;.......·~,,<'-..."} .... A..:...z"..v"...·..ø.....;...J.. ......." n' .....,..... ~..'.. .. ...:-... ." ....-:-. ," . FUTURE LAND USE ELEMENT 1) Location: Pg. III-G-27, Policy C-1.6 Policv C-1.6 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC Railroad right-of-way to the west, the easterlv boundary of the CRA Intracoastal 'Natef\vay and the TO~Nn of Gulf Stream to thè east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Stabilization and Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions. the North Federal Highway Corridor is hereby identified as a blighted area. The CRA will be the lead agency for the preparation of an Improvement Program for the North Federal Highway Corridor. The City, through its Planning and Zoning Department will provide support and assistance to the CRA in the preparation of the North Federal Highway Corridor Improvement Program. The program will, at a minimum address the following issues: · Improvement of the appearance of the area; · Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks; · Identification of and strategies for the elimination of inappropriate and marginal uses; · Provision for increases in permitted residential densities adjacent to the Intracoastal Waterway; · Directing smaller business operations to more concentrated areas; · Providing economic stimulation and investment in the area; Page 1 of 2 . . .. . Comprehensive Plan Amendment 96-1 A Page 2 . Creation of jobs; . Stabilization and preservation of residential neighborhoods through new development, redevelopment and the elimination of blight. The plan will be completed in FY 95/96. 4) location: Pg. III-G-41, land Use Categories COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes the "Village Center" development scenario described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and Industrial/Commerce uses as proposed in the ''Village Center" development scenario. . General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Liaht industrial type uses such as fabrication and assemblY are permissible under this desianation when located in the special overlay district between Federal Hiahway and Dixie Hiahway. north of N.E. 14th Street to the north City limit. Residential uses, unless they are in conjunction with a commercial use, are not permissible on land shown as general commercial on the Future Land Use Map. S:\adv\comp\96-1A1 Exhibit "A" to Ordinance No. 51-96 Page 2 of 2 MEMORANDUM 'IU: MAYOR .AND CITY C(M.ITSSIONERS FROM: vP7ITY MANAGER SUBJECT : AGENDA ITEM # 10 (5. - REGULAR MEETING OF NOVEMBER 19, 1996 SECOND READING .AND SECOND PUBLIC HEARING FOR ORDINAlCE W. 53-96 (NORTH FEDERAL HIGHWAY OVERLAY DISTRICT) DATE: NOVEMBER 15, 1996 This is second reading and the second public hearing for Ordinance No. 53-96 which amends two sections of the Land Developnent Regulations to provide for the North Federal Highway Overlay District. Subsection 4.5.7 is being added to refer to the overlay district, while Section 4.4.9 (GC zoning district regulations) is being amended to allow certain light industrial type uses such as fabrication and assembly, and wholesale and distribution. '!he uses would be permitted as conditional uses and would have to be conducted entirely indoors. In order to preserve the primarily commercial nature of the area, the use has to be associated with a retail and/or service business. The intent is to have the Federal Highway frontage keep its commercial appearance, with access to industrial areas off of Dixie Highway. '!hese changes will provide more flexibility in the developnent of the affected parcels with minimal impact on adjacent areas. '!he Planning and Zoning Board recommended approval by a vote of 6 to 0, with Mr. Carbone abstaining. At first reading on November 5, 1996, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 53-96 on second and final reading. ~ $-0 . OAJ~ &~ cJ-lL ~ at~~(~)r¡..(5) ~ '1.1.{. c¡(¡JX~X6) ref: agmemo15 I I ORDINANCE NO. 53-96 I .AN ORDINANCE OF THE CITY a::MMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL CG1MERCIAL (GC) DISTRICT, SUBSECTION 4.4.9(D), "CONDITIONAL USES .AND STRUCTURES ALIœED", .AND SUBSECTION 4 . 4 . 9 (G), "SUPPLEMENrAL DISTRICT REGULATIONS" , OF THE LAND DEVElOPMENr REGULATIONS OF THE CITY OF DELRAY BEACH, 'IO PROVIDE FOR THE NORTH FEDERAL HIGHWAY OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY .AND ENVIRONMENTAL MANAGEMENI' DISTRICTS" , OF SAID LAND DEVElOPMENI' REGULATIONS, BY ENACTING SECTION 4. 5. 7, "THE I NORTH FEDERAL HIGHWAY OVERLAY DISTRICTII, 'IO DEFINE .AND ESTABLISH SAID OVERLAY DISTRICT ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, .AND .AN EFFECTIVE DATE. I WHEREAS, pursuant to LDR Section 1. 1. 6, the Planning and Zoning Board reviewed the subject matter at its meeting of October 28, 1996, and voted 6 to 0 to forward the change with a reconunendation of approval; and Ii WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that i the change is consistent with and furthers the objectives and policies of the Canprehensive Plan. I, NCM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLCMS: i I Section 1. That Chapter Four, "Zoning Regulations II, Article 4.4, ! "Base Zoning Districtlt, Section 4.4.9, IlGeneral Commercial (GC) District It , Subsection 4.4. 9 (D), "Conditional Uses and Structures Allowed It, of the Land Developnent Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: '!he following are allowed as conditional uses wi thin the GC District, except as #~t)ótj!¢1i modified in the West Atlantic Avenue OVerlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2): Section 2. That Chapter Four, "Zoning Regulations It, Article 4.41 "Base Zoning District", Section 4.4.9, "General Canmercial (GC) Districtlt , Subsection 4.4.9(G), II Supplemental District Regulations" , of the Land Developnent Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection 4.4.9(G)(2), II North Federal Highway Overlay District", to read as follows: (G) Supplemental District Regulations: " , ; I ill North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined at Section 4.5.7. (a) In addition to the uses listed in 4.4.9(D), the following light industrial uses are allowed as conditional uses: 1!l Fabrication and/or assembly of manufactured materials or parts for distribution or sale I such as sheet metal, sign shops, glass shops I electronics I cabinet and furniture making. ill The wholesaling, storage and distribution of .: products and materials, other than self-storage \: facilities. ¡, (b) All uses listed under subsection (a) above must: I' 1!l Operate in conjunction with a permitted service I or retail use that is located on the premises; I i ! ill Maintain a commercial facade along North I Federal Highway, with the light industrial aspect of the business oriented toward Dixie I Highway; :. ill Operate wi thin an enclosed building, with no I; outside storage i and (4) Orient overhead doors away fran adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to canplYi and II" (5) Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting I of a 4' high hedge, and trees planted 25 feet on center to fOD1\ a solid tree line. I I Section 3. That Chapter Four, II Zoning Regulations", Article 4 . 5 , "Overlay and Envirorunental Management Districts II , of the Land Developnent Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting Section 4.5.7, liThe North Federal Highway Overlay District", to read as follows: - 2 - ~. No. 53-96 , I J ~.-- _. I Section 4.5.7 The North Federal Highway OVerlay District. I ill Defined: The North Federal Highway OVerlay District is hereby I I established as the area bounded by Dixie Highway on the west, the northern I ! City limits on the North, North Federal Highway on the east, and N.E. 14th j Street on the south. The regulations established in Section 4.4.9(D) and I I (G) (2) shall apply to all GC zoned parcels within the overlay district. i Section 4. '!hat all ordinances or parts of ordinances in conflict herewi th be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective inunediately upon the effective date of Ordinance No. 51-96 adopting Comprehensive Plan I Amendment 96-1A. PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of November , 1996. ATI'EST: ~~ O.t mn'1l!/"Jli r 11074 ity Cler First Reading November 5, 1996 Second Reading November 19, 1996 , , i ¡ ! I ¡ , - 3 - Ord. No. 53-96 MEETING OF: OCTOBER 28, 1996 AGENDA ITEM: II.C. AMENDMENT TO LDR SECTIONS 4.5 AND 4.4.9, ALLOWING FOR CERTAIN LIGHT INDUSTRIAL USES WITHIN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT ~111111r:::¡ 1"'11111111:]1"............. ............... ..................................... r..........··..........· if....······......· :1:: '[..... r..·....··..·..·....·· r·..·.. ................. '::~::I :\\\\¡~fili~~¡\\¡\\\~fil¡f.i,;~¡\\¡¡\~:\¡:¡¡¡¡\:¡¡::¡¡:~::::¡¡:¡::::¡:¡::~~¡::::::::¡~:\~:::\::::::::~:'~~:¡¡:::::::::::::::::::::::::::::::::::IIiII:::IIBIII:::ml::¡11111:::::::::¡:::::::::::::I:¡:::::::::::::::i:::::::::::::::::~::::::::::::::¡::::::::::::¡::::~¡¡¡¡¡:¡:::::::::¡¡¡¡:¡¡¡:~:¡¡:¡¡:\:¡¡:¡\:¡¡¡¡¡:::¡¡¡:~::i¡::¡¡:¡: The item before the Board is an amendment to two sections of the Land Development Regulations, in order to implement provisions of the North Federal Highway Redevelopment Plan. The affected sections are 4.5, Overlay and Management Districts, and 4.9, General Commercial Zoning District. The above referenced text amendments are being proposed in order to implement certain provisions of the North Federal Highway Redevelopment Plan. The plan is intended to stimulate economic investment in this important corridor. One of the issues identified in Comprehensive Plan Future Land Use Element Policy C-1.6 regarding the North Federal Highway area, is the need to identify appropriate uses for the parcels located between Federal and Dixie Highways, north of N.E. 14th Street. The Redevelopment Plan calls for the creation of an overlay district in this area to accommodate certain light industrial uses as conditional uses. The attached text amendment provides the language to establish this overlay area. The commercial area along the west side of North Federal Highway presents some interesting opportunities for a mixed commercialllight industrial type zoning. The properties are situated between North Federal Highway and Dixie Highway, with the F.E.C. railroad tracks to the rear. While some of the parcels at the northenrmost end are relatively large, most of the others in the corridor are only 250-300 feet in depth. Under the present GC (General Commercial) zoning, they are most conducive to a strip commercial type development, which the City has tried to discourage. II.C. P&Z Board Memorandum Staff Report LDR Amendment: Light Industrial Overlay in the GC Zoning District Page 2 Dixie Highway in this area has a narrow right-ot-way (average ot 30') and is lightly traveled. It is separated trom the residential neighborhoods to the west by the railroad right-ot-way. It has excellent potential tor use as a service road for the light industrial type uses. A market demand analysis was conducted in conjunction with the plan for the North Federal Highway corridor. The study suggests that the demand for office/industrial space will exceed that of retail. While there is a demand for approximately 150,000 square feet of retail over the next 15 years, the study shows that within that same period, 250,000 square feet of office/industrial space could be absorbed. The present zoning does not permit any industrial type uses in the corridor. The text amendment affects two sections of the lDRs. Subsection 4.5.7 is being added to refer to the North Federal Highway Overlay District. Section 4.4.9 (GC zoning district regulations) is being amended to allow, in addition to the uses currently permitted in the GC district, certain light industrial type uses such as fabrication and assembly, and wholesale and distribution. The uses would be permitted as conditional uses, and would have to be conducted entirely indoors. In order to preserve the primarily commercial nature of the area, the use has to be associated with a retail and/or service business. The intent is to have the Federal Highway frontage keep its commercial appearance, with access to industrial areas off ot Dixie Highway. These changes will provide more flexibility in the development ot the affected parcels with minimal impact on adjacent areas, and will help to promote the following goals ot the Redevelopment Plan: · Identification ot appropriate uses tor parcels adjacent to Dixie Highway and the F.E.C. railroad tracks; · Providing economic stimulation and investment in the area; and · Creation of jobs. I·.... ...,. I:I:"'1Ii¡' ..:.................................................................................................. fr··.. ':!iir" ..................... ....... ...... .................. ...... ...................... '1 .......,............................................................................................................................................................................................................................................. :\:¡¡:11::~:::¡¡:¡:::\¡m\¡¡\¡::i¡:¡:::¡:\¡ii¡:::ii::\¡:::¡i:::i::::ti\:::::::::I:1:\::t:::::::::::::::¡:'¡':i'i:::::::i::::¡::::BIIMM§ø.;tlfil::I,§illlIN:::::::::::\'\:\:::::::::i:\:\:\,::i¡¡:::¡i::\:::\i\:1\:::\:I\1:¡:::::::::\:::::\¡:::¡::::::::\:::::\::1:::::::\:\::::':1:i:::ii:::::¡::¡::::::¡': By motion, recommend to the City Commission approval ot the attached amendment to Sections 4.5 and 4.4.9 of the land Development Regulations, allowing for specified light industrial uses in the General Commercial zoning district. Attachments: . Proposed Text Amendment s:docume\pzgcovly.doc PROPOSED LDR AMENDMENTS CREATING THE LIGHT INDUSTRIAL OVERLA Y IN THE GC (GENERAL COMMERCIAL) DISTRICT Section 4.5 Overlay and Environmental Management Districts Add the following subsection: Section 4.5.7 The North Federal Highway Overlay District (A) Defined: The North Federal Highway Overlay District is hereby established as the area bounded by Dixie Highway on the west, the northern City limits on the north, North Federal Highway on the east, and N.E. 14th Street on the south. The regulations established in Section 4.4.9(0) and G(2) shall apply to all GC zoned parcels within the overlay district. Section 4.4.9 General Commercial (GC) District Amend the following subsection: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as prohibited modified in the West Atlantic Overlay District by Section 4.4.9(G)(1 )(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (G) Supplemental District Regulations Add the following subsection: (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (a) In addition to the uses listed in 4.4.9(0), the following light industrial uses are allowed as conditional uses: (1) Fabrication and/or assembly of manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and furniture making. (2) The wholesaling, storage and distribution of products and materials, other than self-storage facilities. · . (b) All uses listed under subsection (a) above must: (1) Operate in conjunction with a permitted service or retail use that is located on the premises; (2) Maintain a commercial facade along North Federal Highway, with the light industrial aspect of the business oriented toward Dixie Highway; (3) Operate within an enclosed building, with no outside storage; (4) Orient overhead doors away from adjacent rights-of-way, except where existing, or where the approving body determines that it is not feasible to comply; and (5) Along the property line adjacent to Dixie Highway, provide a landscape buffer consisting of a 4' high hedge, and trees planted 25 feet on center to form a solid tree line. MEMORANDUM 'lO: MAYOR AND CITY COMMISSIONERS FRCM: Q1JDAVID T. HARDEN, CITY MANAGER SUBJECT: AGENDA ITEM # 10. C. . - REGULAR MEETlOO OF OOVEMBER 19, 1996 SECOND READIOO AND PUBLIC HEARIOO FOR OlIDINAOCE ro. 48-96 ( GREATER MOUN!' OLIVE MISSIONARY BAPTIST CHURCH) DATE : NOVEMBER 14, 1996 This is second reading and a quasi-judicial/public hearing for Ordinance No. 48-96 which rezones a 0.39 acre parcel of land located on the east side of N.W. 5th Avenue, between Atlantic Avenue and N.W. 1st STreet, from GC (General Commercial) District to CF (Community Facilities) District. The property is owned by Greater Mount Olive Missionary Baptist Church and is proposed for developnent to acconunodate a child care center and a youth center. The Planning and Zoning Board considered this matter at public hearing on October 21, 1996, and voted unanimously to reconunend approval, based on positive findings with respect to Chapter 3 (Performance Standards) of the land Developnent Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on November 5, 1996, the Conunission passed the ordinance by unanimous vote. Recamnend approval of Ordinance No. 48-96 on second and final reading, based upon the findings and reconunendation of the Planning and Zoning Board. p~ 5-0 ref: agmemo8 , I ORDINANCE NO. 48-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PIACING LAND PRESENrLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE CF (cc:MroNITY FACILITIES) DISTRICT; SAID LAND BEING IœATED ON THE EAST SIDE OF N.W. 5TH AVENUE APPROXIMATELY 200 FEET NORTH OF ATLANTIC AVENUE, AS M:>RE PARTICULARLY DESCRIBED HEREIN, AND ASSOCIATED WITH GREATER MJUNT OLIVE MISSIONARY BAPTIST CHURCH; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CIA USE , A SAVING CIAUSE, AND AN EFFECTIVE DATE. I WHEREAS, the property hereinafter described is shown on the i , Zoning District Map of the City of Delray Beach, Florida, dated April, ¡ I 1994, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of October 21, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this i tern at public hearing and voted unanimously to reconunend II approval of the rezoning, based upon posi ti ve findings; and I, WHEREAS, it is appropriate that the Zoning District Map of the ,i City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. W'l, THEREFORE, BE IT ORDAINED BY THE CITY ca.1MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLI..CMS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lot 4 and the North 50 feet of Lot 5, Block 28, Map of the Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3, of the ì Public Records of Palm Beach County, Florida. I '!he subject property is located on the east side of I N.W. 5th Avenue, approximately 200 feet north of I Atlantic Avenue; containing 0.39 acres, more or less. , I i I Section 2. That the Planning Director of said City shall, I upon I i the effective date of this ordinance, amend the Zoning Map of the City of I Delray Beach, Florida, to conform with the provisions of Section 1 hereof. i I I , ¡ I Section 3. That all ordinances or parts of ordinances in conflict herewith be I and the sarne are hereby repealed. , i 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 I 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 I immediately upon passage. PASSED AND AOOPI'ED in regular session on second and final reading I' on this the 19th day of November , 1996. I, , I I A'ITEST: fkMrfflll,,-,lil Jfl'1 1Ia* ity Cle First Reading November 5, 1996 Second Reading November 19, 1996 , f , Ii ¡ I I i - 2 - Ord. No. 48-96 I : . - J 1- -R. LL - ~ ==~I-- 5 _~ - I-- < <I-- <- - < < C - ===1-- -~ - _ - - - 1- .. -_ _ _ _ === ~- .., .......·ft - F· - CITY "",- - I·· -. !:!. - - ATTORNEY ~ = - - BUILDING -4- ~ II I ~ t I I ¡; T BLW ,=1 = - MARTIN LUTHER KING JR. . tn - - IJ J: T 1 ~ .. - ~ ~ I ¡:: ~ -.-' ': ~ T æ N ;:.~ _ I-J!!I co - 0 - !-.I -- I--- I = _ ...- - '--- I-- - :2 CITY - .-_ HALL- I I .CF ==!rEi ~ L. ~ ~ = :==: N.W. 1ST - ST. - - I jJJID ~ëF _U CF OJ - I--:i ~ -~ ~ COMMUNITY Z _ I-- z- CENÆR _ FIRE C ~ 1-- - - STATION F Ë= ~ -. CF I I m ~T S~N;:;M 1 I ~ ~I ~7 ~ ATLANTIC AVENUE [ IT ~ I T illil POLICE SOUTH ¡:¡ii: I , I ~ _ f-L- f-- COMPLEX COUNTY r- ;.;:; COURT .... -_ _ ~I-- I-- HOUSE l- . < I- - F< ~ I- - « « CF « l- I--- Z I- - I- - :=. L---- .1 0 I- ~ I-~ c::= 1ST S . I S.W. 1ST ST. _ ~ ~W. _ -rr -e §È 1111 1111 z ~ I ~ if ~ iE -. N ~ ;:: 1---00 IØ I/) .,.. ;> I--- - (f) I- ~ ---na-a-:= l- I--- - _ -D I¥I- l- I--- - _ I- ~ ~ t Ë~_ I ~n T ~ìTt:=~=i f-~TII'U=:=~ IIII "[(E ~ 2ND ST. !--r--, S.W. . rT II -I I r--lll I I I I I 1 r" r N - REZONING - - GREATER MT. OLIVE MISSIONARY BAPTIST CHURCH PLANNING DEPART\AENT FROM: GC (GENERAL COMMERCIAL) TO: CF (COMMUNITY FACILITIES) CIN OF DEU¡AY DEACII, FL - - /JIC/lAt lJIISíIJAf' SY5'rrlJ -- MN' RU. LM10G 0/< tr7~ TO: DAVID T. HARDEN, CITY MANAGER , THRU: ~I~D~~ DEPARTMEN OF ~ NNING AND ZONING FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF NOVEMBER 5, 1996 REZONING FROM GC (GENERAL COMMERCIAL) TO CF (COMMUNITY FACILITIES) FOR GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH. I·' 111Ii ............. r ",........ Iii··································· ""¡"nif·············· .......... ··r· ...... ............ '1 .... ···w....·············· ...... ........................ ...... ... ........... "'(1' .... ................ .............. ................. ............. ·......s· .......... ........................... ........ :;:::;:;:;:;:::::::::::;:::::~::::::::;:::;:;:;:;:;:::;:;:;:;:;:;:::::;:::::;:::;:::::;::::::)1': ::·C···:·Œ···.O·····N· :::;R':E' ···..·w·; :8S·'1I' '·8:D· ::::Q""'P':::$' ,··R·· ·&:::0"""0" ·MM· .:S:S'.: ··..·N· :;:::;:;:;:;:;:::;:;:;:;:::;:;:::;:;:;:::::;:;:;:;:;:::::;:;:;:;:;:;:;::';:;:;:;:::;:::':;:::;: ............~................................. ........ .. . ," . .' "'," .... .... . .. ..... .... ................................................ f~:~:r~:j:~¡:¡~:M:;:~:¡:;:~:}i:~:jtf:~:~:¡:};:¡:¡:¡:;:r~:¡:¡:i:¡:¡:i.:.:::.:.:::.~.::::~.:/.:.:::.;.;.:::.:::.:.;{,;.;::.;::.:.;.;.:.:.:.:..::.:.;.:::.:.:.;.;::.;.:.::¡::.::¡.:.:.;.;::·:.;.::~:~::::.;.:·:::.::f¡:¡:¡.:·¡::.};.:::.,·;·}t:.;.:::::.;.;.:::.:.:.;·:.:.:::.:::.:-:.:.:...:.:::.;.:.:.:.:::.;.:.:::.:.;.:.::¡:~:¡:¡:¡:¡:¡:}¡:¡:¡:¡:¡:¡:~:¡:¡:~:~:~:~:rr¡:~:~:j:~:~:~r:~:~:~:rrrf~: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0.39 acre parcel from GC (General Commercial) to CF (Community Facilities). The subject property is located on the east side of N.W. 5th Avenue, between W. Atlantic Avenue and N.W. 1st Street, approximately 200 feet north of Atlantic Avenue. ~:::::::::::¡:::1:1;;:i~:::::::::::¡¡;::::::::::::::i:;::;:::::::;::::;:::::::;:::;:::::::::::;::::::;::::;::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::III;J.lIÎlllm:::;:;¡:::::::::::::::::::::i::::::::::::::¡¡::¡::::::¡¡¡::::;::::¡::::::¡:¡:;:::::¡::::::::::fi::::::::¡::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 The proposal incorporates Lot 4 and the north 50 feet of Lot 5, Block 28, Town of Delray which consists of 0.39 acres and contains a commercial structure currently utilized for storage. The existing 1,406 sq. ft. Art Moderne style commercial structure was constructed in 1946. The structure was historically known as The Green Inn, however, the building was last occupied by the Two Dudes Diner. The proposal is to rezone the property from GC (General Commercial) to CF (Community Facilities). The rezoning is being processed to accommodate a City Commission Documentation Meeting of October 1, 1996 Rezoning from GC to CF for Greater Mount Olive Missionary Baptist Church Page 2 proposed child care center and youth center. The development proposal is to install the play area for the child care center which will be located in the church structure. The existing 1,406 sq. ft. commercial structure will be utilized as a youth center in the future. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. t:::::::::¡:¡~:~¡~t~M:¡::::::::::::¡::::::::~:::::¡::::::::::::::..11:'-11;:'..,:1111:11::::11111:::11111118MIIIt:::::;::::::::::::::::::::::::;:::::::::::::::;'::::::::::::;:::::::::1 At its meeting of October 21, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the rezoning. After reviewing . the staff report and discussing the proposal, the Board voted 7-0 to recommend that the rezoning be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). J:::::::::::::::~:;::¡:;:::¡:::::¡:::::::::i::::::::::::::]:::::¡:::it::::::::::;:::::::¡¡::::¡¡:::::::¡¡:::·¡¡::¡¡¡:¡::,:::::,¡:::¡::::&IIIIII:III1:':(lIIIII:::::::::::::¡::;::)::::¡):):::;:::::::::::::¡::¡::::::¡::::::::::)::::::::::¡;:¡:::::::¡::~:::¡:::¡::¡::¡:::::::¡::¡:::::::¡::¡¡¡:¡:::::¡:::¡:::::~ By motion, approve on first reading the ordinance for the rezoning from GC (General Commercial) to CF (Community Facilities) for Greater Mount Olive Missionary Baptist Church, based upon the findings. and recommendation by the Planning and Zoning Board, and setting a public hearing date of November 19, 1996. Attachments: I:J P & Z Staff Report and Documentation of October 21 1996 I:J Ordinance by Others , PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: October 21, 1996 AGENDA ITEM: IV.A ITEM: Rezoning from GC (General Commercial) to CF (Community Facilities) for a parcel of land located on the east side of N. W. 5th Avenue, Approximately 200 Feet North of Atlantic Avenue, Associated with Greater Mt. Olive Missionary Baptist Church. UI II II" "IIII,1-r1 W'T-irl-.. 1..1 II I II I CITY r 1\ II II IJ II I. t--,' \I " ~~w. III II I lIST r--t I~ I II I~I ~T e¡ 1\ I HALL !sf_" I J~E. I~ 15 II )~~ H IlImru~ i5~!1 ~ = ~j~ .. II:: b _ _ COMMUNITY - t~ OLD j!; :::::::. CENrrR J:> SCHOOL t::: ~§§: $~ ~ ==== = 1<1 SQUARE : . §~§§ ~ TFNNIS -= : [[J]] I I I II. NO. I DID []llll]]J]] STADIUM am []]]]] ATLANTIC AVENUE ~DJJ]J~ I II 1111[1 L ~ ~ . tr:tffx t~~ ~OJJJillJJ~ffiI]]~B = ~ - _ - < < COURT z.. ~ _j!; j!; -,,- - _j!i HOUSE ~ ~ --r-~ -2· -;_ ~ < -.. ~- --" J¡ ~ -I-~ vi oJ = - _ - f--fTT vi GENERAL DATA: Owners/Applicant............................... Greater Mt. Olive Missionary Baptist Church Location.............................................. East side of N.W. 5th Avenue, approximately 200 feet north of Atlantic Avenue Property Size...................................... 0.39 Acre Future Land Use Map......................... General Commercial Current Zoning................................... GC (General Commercial) .. . Proposed Zoning................................ CF {Community Facilities} Adjacent Zoning........................North: CF East: CF South: GC West: GC & CF Existing Land Use............................... The parcel contains an existing 1,406 sq.ft. building which is currently utilized for storage. Proposed Land Use............................ Rezoning from General Commercial to Community Facilities to accommodate the playground associated with a proposed child care center, and utilization of the existing structure as a youth center. Water Service.................................... Existing on-site. Sewer Service.................................... Existing on-site. 1\/ A The item before the Board is that of making a recommendation on a privately-in itiated rezoning from GC (General Commercial) to CF (Community Facilities) for Greater Mount Olive Missionary Baptist Church, pursuant to LOR Section 2.4.5(D). The subject property is located on the east side of N.W. 5th Avenue, between W. Atlantic Avenue and N.W. 1st Street, approximately 200 feet north of Atlantic Avenue. The proposal incorporates Lot 4 and the north 50 feet of Lot 5, Block 28, Town of Delray which consists of 0.39 acres and contains a commercial structure currently utilized for storage. The existing 1,406 sq.ft. Art Modeme style commercial structure was constructed in 1946. The structure was historically known as The Green Inn, however, the building was last occupied by the Two Dudes Diner. The existing zoning, which is GC (General Commercial), permits child care centers as a conditional use, however, as the property is being incorporated into the existing church site, it is appropriate to rezone the site to CF (Community Facilities), which permits child care centers as an accessory use to a church. Therefore, on September 6, 1996, a rezoning application was submitted and is now before the Board for action. ~f!ì{t1\t..~1~¡~¡'¡i1W¡~~*=f~t.~f.¡t¡I¡~I~lil~I~¡I:[§:¡lill1¡1~11Iill~~Î¡~I¡:!~I¡!.I¡~¡~~f:I¡~~¡I'~1~¡~~~f,~ti¡'¡~~¡¡¡¡¡~:~¡¡¡¡:f~~:~¡¡¡~~!.~1~¡¡:¡¡¡:~¡¡ili~w'f,; The proposal is to rezone the property from GC (General Commercial) to CF (Community Facilities). The rezoning is being processed to accommodate a proposed child care center and youth center. The development proposal is to install the play area for the child care center which will be located in the church structure. The existing 1,406 sq.ft. commercial structure will be utilized as a youth center in the future. 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 Future land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations. , P & Z Board Staff Report Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and is currently zoned GC (General Commercial). Pursuant to LDR Section 4.4.21 (A) (Purpose and Intent). ·the CF zone district is a special purpose zone district primarily intended for locations at which facilities are provided to serve public. semi- public. and private purposes. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Pursuant to LDR Sections 4.4.21 (B)(3) and (4). within the CF zone district. child care and youth centers are permitted uses. Also. a child care center is allowed as an accessory use to a church [ref. LDR Section 4.4.21 (B)(5)]. Based upon the above. a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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. In the preparation of the Delray Beach Comprehensive Plan. the land use designations throughout the entire planning and service area were considered in the overall land use pattern. assessment of level of service, the provision of services, and meeting remaining land use needs. The establishment of the CF zone district will allow uses that are similar or less intense than uses allowed under the GC zoning district. Concurrency findings with respect to any future improvements will be made at the time of development review. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were identified. Section 3.3.2 (Standards for Rezoning Actions): Standards A - C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which. are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur. that sufficient regulations exist to properly mitigate adverse impacts from the new use. '. P & Z Board Staff Report Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church Page 3 The properties to the north and east are zoned CF (Community Facilities); to the south is GC; and, to the west is GC and CF. The adjacent land uses include the following: north and east of the property are parking lots for Mt. Olive Missionary Baptist Church; south is a vacant parcel which is owned by the CRA and is to be developed as a parking lot; and west, across N.W. 5th Avenue, is vacant land and the City's Fire Station #1. Compatibility with the adjacent properties is not a concern as the properties are commercial in character and are zoned CF and GC. The subject property is bounded on two sides by church-owned property (Mt. Olive parking lots), and to the south and west are commercial and community facility type uses. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: · That the zoning had previously been changed, or was originally established, in error; · That there has been a change in circumstances which make the current zoning inappropriate; · That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "c". This rezoning request to CF (Community Facilities) is being sought as the proposed zoning is similar in intensity as the current GC zoning designation, and is more appropriate as the property has been purchased and will be utilized by Greater Mt. Olive Missionary Baptist Church. The property is to be developed as a play area associated with the child care center which is to be located in the existing church structure. Future plans call for conversion of the existing structure to a youth center. While the child care center is allowed as a conditional use in the GC zone district, it is more appropriate to apply the CF zoning as it is consistent with the church as well as any Future Land Use Map designation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property contains a 1,604 sq.ft. commercial structure with the balance of the property undeveloped. With review of the rezoning petition, a site visit was conducted and did not reveal any code violations. Any future development of the site will require processing of a site plan and compliance with the applicable Land Development P & Z Board Staff Report Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church Page 4 Regulations. There are no problems anticipated complying with the Land Development Regulations. ~~~¡~¡¡¡~~IIIt.~¡itJI¡t¡¡~ii~:¡~I*~í;~~1¡*~;j¡¡~~1lí~i%ii~ijB~§¡~IU11.Mt.IIli;~i¡I~~I¡i:¡~i~III~;1~$w.I1.Æ.41t%\Wi}~~t1il¡t\~¡!ii¡f;¡!~~i¡¡¡~~i¡:i~j¡¡¡¡~¡¡ The subject property is not within a geographical area requiring review by the Downtown Development Authority (DDA) Community Redevelopment Agency At its meeting of September 12,1996, the CRA reviewed the rezoning request and had no objections. Historic Preservation Board At its meeting of September 18, 1996, the HPB reviewed the rezoning request and had no objections. Public and Courtesy Notices: Formal public notice has been provided to property owners within a SOD' radius of the subject property. Courtesy notices have been provided to the following civic and homeowners associations: Q Visions West Atlantic Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. !tîw~¡it_¡¡If~~fi~{¡i~~11.I.lgì..ltÎt:~:.::~lf~::I¡ihl¡!li¡~¡:~jl~r,I!:¡f.it¡¡~¡!¡11~1~1!ril~I~¡1i~~¡t:¡fiim~}~~¡r.~t~~~!riir{~~1~¡:~ The rezoning from GC (General Commercial) to CF (Community Facilities) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed CF zoning designation is consistent with the underlying General Commercial Future Land Use Map designation. Also, positive findings can be made with respect to LOR Section 2.4.5(D)(5)(Rezoning Findings), that the rezoning to CF is more appropriate as it is similar in intensity as the current GC zoning designation, and is more appropriate as the property has been purchased by Greater Mt. Olive Missionary Baptist Church for uses associated with the church. Compatibility is not a concern as the property is surrounded by commercial and community facility type uses. :~~i¡~¡~~!.~i¡lii¡i*¡¡¡¡M~i:¡¡¡riÆji~*m~1*m¡¡¡iilij~I¡¡ii1§;:¡I;[I¡fl:I:¡J,\1M¡~§::¡¡¡¡¡i:I¡::I¡¡I¡tJ¡¡@t¡I¡¡§¡:¡¡¡¡mi~mmi;¡¡:M~J~¡¡M¡;¡i¡i¡m¡¡;¡igf:~¡::¡¡i:¡¡:i¡i;¡:¡:::¡:::¡:¡:¡¡¡:~ A. Continue with direction. B. Recommend approval of the rezoning request from GC (General Commercial) to CF (Community Facilities) for the Greater Mt. Olive Missionary Baptist Church P & Z Board Staff Report Rezoning from GC to CF for Greater Ml Olive Missionary Baptist Church Page 5 based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). C. Recommend denial of the rezoning request from GC (General Commercial) to CF (Community Facilities) for the Greater Mt. Olive Missionary Baptist Church based upon a failure to make [positive findings with respect to LOR Section 2.4.5(0)(5), that the rezoning fails to fulfill one of the valid reasons for seeking a rezoning. Recommend to the City Commission approval of the rezoning request from GC (General Commercial) to CF (Community Facilities) for the Greater Mt. Olive Missionary Baptist Church based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). Attachments: I:} Zoning/Location Map I:} Survey This Staff Report prepared by: Jeff Costello. Senior Planner r SOUTH LINE OF LOT 5, BLOCK 28 --_._--- - .._----- I 135.52' ., ~ lII<):¡¡VI ... ·}.Ol> CD ~ "11J~"'1 #----""'---t--- "'~ "'II)'~ r-- C"\ "'1¡ngell ~ 1.0 . 1.)5.6' Pi-A T ~ lJI~ C) r-- 135.52 Þ SURVEY 1.0_ ~ ~ 20.0' () C) I ~ -¡ r- M :-. ;~ Þ '! ~ I"- 0 ;!! l"- f\.) Ú1 ~ ~). _"1 ~ I lJI fI ¡;: ~'"< 1.11 P P¡op iJ! + ~~ q Co 100 :v . ~~ ~ ~..... ~ ~ ,... 1 "" ell ell ~ ~ .,. .... ~ L: ~ '"< _____---E§.~ ---- I\) i;)t\) ~ 011 ~:-i ~~ ",::t O· ~ ''J CD ~ t)~ ~f\.) ~ ;¡. MI "'1 .. r-- ..... ~ II) "'tI <: !& C) r-- I'" ~ ~ ~.- ~ C) . '- "( () - "I / .,. 40.1' 13.9' ~ ~ ~ I -¡ C) / "I ~ Q) - ~ f) 'I / ~ ~ $; IJ) (') ""t C) ;¡. f\.) 1.0 r-- ..... 0 ~ <: !II C) a ,... !i /' ~ L¡ ~ ::0 ~ <: en I Co fI:. ~ C) --< ~ 5') / c:." 4.2' ð'.¡)¥ (') c:: i\i 0",. "'1 /' Ct· ~ ..... o~ 13.7,15-· ;¡¡ ~ 40.1' . 20.0' I ~ 135.51' SURVEY 7í ... 1.)5.6' Pl.A T b ....., ~~~ . "'lII \I) (')-., ~O"'1 ~·~oo ~I'> ~~ ~~ L 0 T 1 ~~~5')~ ~~ ~"'1~~.... MT. OLIVE BAPTIST CHURCH PROPERTY o . ~;¡¡ (') ~~~ ~t "'tI~ (PLA T BOOK 69. PAGE 20) ~ . 3;; <: c~...· G ~ -"'1 '- .... II I ~ --f- fj.W:.. 1ST STB(f]~ _ J___.. ~ N t , - MEMORANDUM '.ID : MAYOR AND CITY COMMISSIONERS FRœ: ~TY MANAGER SUBJECT: AGENDA ITEM # '0. D. - REGULAR MEETING OF rovEMBER 19, 1996 SECOND READING AND PUBLIC HEARING FOR ORDINAOCE NO. 49-96 (ANNEXATION, INITIAL ZONING AND SMALL SCALE Fm'URE LAND USE MAP AMENDMENT FOR THE ROSACKER PROPERTY) DA'IE : NOVEMBER 14, 1996 This is second reading and a quasi-judicial public hearing for Ordinance No. 49-96 which annexes a 5.32 acre parcel of land known as the Rosacker property located on the west side of Gallagher Road, at the intersection of Gallagher.Road and Brady Boulevard . The ordinance establishes initial zoning of CF (Community Facilities) District and provides for a small scale land use plan amendment to change from the County I s designation of MR-5 (Medium Density Residential - 5 dwelling units/acre) to an official City designation of Low Density Residential 0-5 dwelling units/acre. The property contains an existing single family residence with a tennis court and a swimming pool. The accompanying develop:nent proposal is to establish a religious retreat which involves conversion of the existing structure and three building additions to house up to 47 individuals along with associated parking and landscaping improvements. The retreat will be a place where people can pray, receive religious instruction, study, meditate and rest. The spiritual activities will be entrusted to Opus Dei, a prelature of the Catholic Church. The Planning and Zoning Board considered this matter at public hearing on October 21, 1996, and voted unanimously to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Develop:nent Regulations, policies of the Canprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on November 5, 1996, the Commission passed the ordinance by unanimous vote. Recanmend approval of Ordinance No. 49-96 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board . p~ 5~O ref: agmemo9 , ORDINANCE NO. 49-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FIDRIDA, ANNEXING ro THE CITY OF DELRAY BEACH, A PARCEL OF LAND ~ AS THE ROSACKER PROPERTY IDCATED ON THE WEST SIDE OF GALIAGHER ROAD AT THE INI'ERSECTION OF GALIAGHER ROAD AND BRADY BOULEVARD, AS M:>RE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONI'IGUOUS 'ro EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY ro INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; .AFFIXING AN OFFICIAL LAND USE DESIGNATION OF IJ:1il DENSITY RESIDENI'IAL FOR SAID LAND ro THE FUTURE LAND USE MAP AS CONI'AINED IN THE cc.MPREHENSIVE PLAN; ELECTING 'ro PROCEED UNDER THE SINGLE HEARUl3 AOOPI'ION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENI'S; PROVIDING FOR THE ZONING THEREOF 'ro CF (COOMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Arthur Rosacker I Jr. and Barbara R. Rosacker, his wife, i are the fee-simple owners of a 5. 32 acre parcel of land located on the west i ! ì side of Gallagher Road at the intersection of Gallagher Road and Brady I Boulevard; and I WHEREAS, Roger G. Saberson, Esquire, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition I to have the subject property annexed into the municipal limits of the City I of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous I to the corporate limits of the City of Delray Beach, Florida; and I ¡ ! WHEREAS, the City of Delray Beach has heretofore been authorized i to annex lands in accordance with Section 171.044 of the Florida Statutes; I ! and i WHEREAS, the subject property hereinafter described is presently I under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Low Density Residential 0-5 dwelling units/acre; and I , ! I WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989} and as : subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed¡ and WHEREAS, the designation of a zoning classification is part of ! this proceeding, and provisions of Land Developnent Regulations Chapter 'IWo I have been followed in establishing the proposed zoning designation¡ and I WHEREAS, pursuant to LDR Section 2. 2 . 2 ( 6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of October 21, 1996, and voted unanimously to recommend that the request be approved. ¡ I, NOW, THEREFORE, BE IT ORDAINED BY THE CITY CG1MISSION OF THE CITY Ii OF DELRAY BEACH, FlORIDA, AS FOLLCMS: Section 1. That the City Commission of the City of Delray Beach, I Palm Beach County, Florida, hereby annexes to said City the following " described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North Quarter (N 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County Florida, less the West 680.0 feet thereof. The subject property is located on the west side of Gallagher Road at the intersection of Gallagher Road and Brady Boulevard¡ containing 5. 32 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be wi thin the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, imrnuni ties, debts, f obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Storrnwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197 and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. - 2 - Ord. No. 49-96 II , , - - - -.- .--- Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Low Density Residential 0-5 dwelling units/acre. ¡: Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to i Florida Statutes Section 163.3187(1)(c)(4). I I Section 7. That Chapter Two of the Land Developnent Regulations ! has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to , be in Zoning District CF (Community Facilities) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading¡ as to land use and zoning, thirty-one ( 31 ) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Communi ty Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No developnent orders, developnent permits, or land uses dependent on this amendment may be issued or conunence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, I Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida , 32399-2100. - 3 - Ord. No. 49-96 , I PASSED AND AOOPI'ED in regular session on second and final reading on this the 19th day of November , 1996. ! ATI'EST: ()JL1~'Il/{,~!it /Jfì 1Ið;15y I ity Cle First Reading November 5, 1996 Ii Second Reading November 19, 1996 ¡i I: : ¡ I i - 4 - Ord. No. 49-96 ì I I· WATKINS t I I I I hE N T ~ L MOTOR LINES ~l .JKD I mr.- H pOl < ~ I I H I G .. W ",n t'.T SOUTHERN ( . N W. JRD CT. \.J f- SELF ,-,' STORAGE I TEXACO ~ ~ I· TIRE KINGDOM 5 ~ ~ £ 5 T ""- ~ ONKLIN ORI'Æ: . W '- : N.W. JRD ST. __ N. w. JRD 51. ... NoW. :sAD ST. -' &\ IoIÞ.ZZA ORI'Æ: - . \ c( Ji a::: EXTRA CLOSET Z NW. 2ND ST Ii ~ GO RN DlI'Æ: I- STORAGE Z N W 2Nn "'T ... ........ ,_"........._...............11...."................'.......... ../ ~E DRNE POST BRADY BLVD. ~ OFFICE ~ I A.f ~ 15 ~ ~ ...,................... BARREn ST. II. M~ .1_- ,.,TV IOU'", ,_ FARMERS I,.. 'l C ....;;;;;.. MARKET FRANCES OR. '- TRAILS ( ~ -- pf~~A I I I I I / ELLWOOD OR. ~ I- ~ ~-- f( ~ _ I,.. ~, IAI '" f1 n § __ \ ~ "...' ~ "- C " e:"",--, ..... K.F.C. FRANWOOO OR. I I I I·FI I N E S _ " L-JJ CANAL - . _ " I I I I I 1\\\\' .\ I >- _ ,......, ~~....., ~--'RJ!f;.., a::: .//./' ./ c( ... V ::::~ -:;;./ ...../ ..," ~...../ .... I- DELRA Y Ii Œ" ./ Œ'" ./- I- K-MART _ SQUARE ~ _.......o~~o~..,.... :-./ ð PLAZA ... "'...-';:;..-- .....-:;:.:: ....-;:..... ~ -' Ii: Ii V./ ~þ!;" ,....-i~ ~ - .......-::;VV/!:::J;...--CD ~ - ~ -- I~ ::;~:::j:::: ~ç: v ~ ~ ..!...../ /.~ ~ ". or ........~ 6- ~t'~ >-./ ./~ ~ ~ :::ik:: ~ O~ !!! .AV :>_ V ~ c;) U ~ ii! ....... ././~./ '" þf§~ ~ "- /:>~/~ ~ q; 0 ~V :3 ~t' c;)~ 1ST ~ ~. ........ "././' ALLIANCE PUBLlX ... .... ~ I!: ./ ~./' .// ~ _ _ CHURCH ~ ~ ~ ~ ~:::: V-:;; ::::f;::: VI oa.. 0 ... () . u <::):ii" 'ë ~N T Ñr'- RI‰G ~ VIe a..u à't GREAT FIRST _ 0 è5 ~ Vj is I ",v WESTERN UNION \ :::J "'t ~ , WEST;' A T LAN TIC A V E N U E '" I I 1..·.. I 1 I , . II ~ I ~ ROSACKER ANNEXATION & FUTURE Pl^NNINC DEP^RMNT LAND USE MAP AMENDMENT CITY Of" DELR^Y 8E^CH. rL -- DlGlfAl BASE MAP SYSfF:M -- "'^" REr: LI.I102 J. . " /,,\ ;..,J; L ' ~~]!~t¡;:i:¡¡:¡¡~¡i:::¡¡'::¡:::¡;¡¡:¡¡¡:¡,i¡¡;¡¡¡::':::::":.:.:'::t.::·!:::},:,·:··:::::.::.::.::·:::::,.·:':::·::::::::::'::':::::·::::·::m··::::::'::;::;:.;:::::··.:.::::';:::·.)":=mr:::j:::;!::·:::::·('::'!:·'':::':::"::":':':'."::::::::::::::,::::::::.:::":':';.!;'j):.,::.::::..::;::':'::'::.::::::::':' ..>m.,..w······························..·GI'T':¥:GDMMISSIONDDGUMENT,AiIClNv................,..... :1~111¡::¡::lj!i::¡,.:¡.·;¡··::;"··::i·::.):::·.'.¡.::'::::··¡:'::.(:!::;:;:I:li::,;,:···:,i:::;i·:·I::::::::::::¡i:\.::::.,:::::::::,..::"':::;::\:':'::::::'.::::::.::::;;::..:,:.:..::::::::::::;:::¡:::::::::::¡::::;:::.:::::·:\;·:::::::::··¡:::,:¡·:)·.:::;;·::':I·i::::i)::,,·:::::·:::::::::··III:··:··¡¡::!::::":!::)·:··!!:::::·:j:II·I··::I::::·· TO: DAVID T. HARDEN, CITY MANAGER ~~ THRU: DIANE DOMINGUEZ, ~TOR . DEP 'VMeN;r F BANNING AND ZONING 'I ~ . FROM: SUBJECT: MEETING OF NOVEMBER 5, 1996 ANNEXATION. SMAll-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL - 5 DUlAC) TO CITY LOW DENSITY RESIDENTIAL 0-5 UNITS PER ACRE. AND INITIAL ZONING OF CF (COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCA TED ON THE WEST SIDE OF GALLAGHER ROAD. AT THE INTERSECTION OF GALLAGHER ROAD AND BRADY BOULEVARD (ROSACKER PROPERTY). I························ ........... ... .... . .... . .................. ........ ..... I .........................................................---..-,-..".._-, ,. '. --- ......" -. ... ". ...............-.. ,..."........,. '..- ...... - ....-. .."............ ....... .........................._..............'.............'.......................'.......'.....'.. ....." ," - .... .' . ".'..... .. . . - " ., '-.- ...............,............., ,. ........... ................................................ . ." ....... .. ..............., .......-' """"""'."'\':""""":=::':"..:.::::',::=:::..':,:".,:,:,::.."."..:""""",,',:,'A,.. ·C.·T·· ·10·· N····.·R·EQU. ESTE. ·D. ··0· f··T··H E··.:C···O· MMISSI'O N . .:.....,.,..'",.:"...:..:.....:......,.,...:...... ...:...:..:.............. ...... ......................................... . . . . . ................... ......... . .," ..........................._..........-.........'.........-,................................. .'. .'. '.. ......., . -. ".. .".-.', ....' .... -.' . ..... ..............',... ......... .'..'...,.....-. .. ,....,...................................., ....,-..,.. -.-. ... .. . ',., .., .... ..,""-- , ---." . .", .',. -.. .-.. ... .... . .......................,.....,......................--...-.--. ....--........." .....-- .--,-..' ........ .........,...----.. - - . ......".......-....... .....--........ . ...............' ............................................ ........."' --..'-- ... .........., ......... ............- ----... ..... .....-.. ........ -....... The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 5.32 acre parcel of land, changing the Future Land Use Map designation from County MR-5 to City Low Density Residential 0-5 units per acre. and applying an initial zoning designation of CF (Community Facilities). The subject property is located on the west side of Gallagher Road. at the intersection of Gallagher Road and Brady Boulevard. t;:::::::i,\:i,¡¡í¡:¡\\;'i,::¡::::':"::::i::::'::::::~::,\:;.::::';i,:::\!:::¡)\¡:,::::.......:::::¡::.::::..::.!:.·.·:·,·,::·:.::::··:··..:.\.·@AÇt<GRQ(jNp··.·::'.::'··:.:...:.,.:.:~:::.::':.:.::,::::::.::..:::i::.::::::::,:··:·::::::.·:::::..·;;:-·..··:.:):·.m~ The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property contains an existing single family residence with a tennis court and a swimming pool. City Commission Documentation Meeting of November 5,1996 Annexation. Small-Scale FLUM Amendment with initial zoning of CF Page 2 The subject property is a 5.32 acre parcel having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Low Density residential 0-5 dulac, and apply an initial zoning designation of CF (Community Facilities). The accompanying development proposal is to establish a religious retreat which involves conversion of the existing structure and three building additions to house up to 47 individuals along with associated parking and landscaping improvements. The retreat will be a place where people can pray, receive religious instruction, study, meditate and rest. The spiritual activities at the retreat will be entrusted to Opus Dei, a Prelature of the Catholic Church. Instruction will also include ethics, cultural education, parenting skills, family values, personal habits and virtues. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. t::::::::::::::¡::::::::::::::::::::::::::::i:::::::::i::i:::::::::::::::R.B:I·"ÑI.i:llg..iigÑ~:Îg..::ÎÎllg:::gllílgÎ_m~II:::::¡i::::¡:::¡:¡::i:::i:::::::::::i:¡:::::::::::::::::::::::::::::::::::i At its meeting of October 21, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was only public testimony supporting the annexation, land use map amendment and initial zoning. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5). ~:i:i::iiii:iii:i::i:i::::i:::::::::::::::::::::::::::::::i:i:i:i::::::::::.::::iI:I:::i::::I::::::¡:::::::::::i:i::ii::::i:::i::::::::::::BIIIMiliflltl·:ÎÎJ.1I.ÎI.:::·:,::::::i:::i:::t::::::i:::::::i::::::::::::i:::i:i::::::::::i::::':::i:::::i:i::(:;:::::::::i:::::::::::::::::::;:::::::::::::::::::::::.~ By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MR-5 to City Low Density Residential 0-5 units per acre, and applying an initial zoning designation of CF (Community Facilities), based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of November 19, 1996. Attachments: o P & Z Staff Report and Documentation of October 21, 1996 CI Ordinance by Others . , . . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- . MEETING DATE: October21,1996 AGENDA ITEM: IV.B. ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density Residential-5 units/acre) to City Low Density Residential 0-5 units/acre, and . _ Annexation with initial zoning of CF (Community Facilities) for· the Rosacker property, located on the west side of Gallagher Road at the intersection of Gallagher Road and Brady Boulevard. AK[ IDA ROAD I I I I I I I I II ~ I I i- II I r ~T ~ J.I· GENERAL DATA: ~ HIt" þ. II I :l\l VI'1 - l.CT" { r Owner............................................ Arthur & Barbara Rosacker ...... L 7t. ~..... 1- - Applicant........................................ Roseaire Retreat, Inc. ~ "1 l ~!:Nf.;';... Agent............................................. Roger Saberson I James ~~ ;::, r'r7¡ 7!.J L ìJ;<ÞJOB f- . Johnso~ ::: -L.....Kìì ....u ~: Location......................................... West sIde of Gallagher \Y 1 I I I I Road at the intersection :. . ... , of Gallagher Road and :;...>' I I 6 I G H pOl N T Brady Boulevard. ¡ I I - H Property Size................................. 5.32 Acres v·! Existing Future Land Use Map...... County Medium Density i s r"- Residential - 5 dulac ì : W £ t Proposed Future Land Use Map.. City Low Density :r. \.. , Residential 0-5 dulac Current Zoning.............................. County AR (Agricultural c.>rac Q.GS£r . I Residential) ... -- .. . n. - Of . Proposed Zoning........................... City CF (Community ~r I l..l. ~vo. ; Facilities) øma I.! ~iNkstA"¡D I I AdJ'acent Zoning...................North: SAD (Special Activities ~ .....0-........1"1 I I , I I I '..ø(tt " District), RM (Medium ... ,::.:.., I I I IP/IICS I ~Cr . Density Residential) ; (..-1 I I East: County RS (Single Family -.s I I I: Residential) ~ (I I I I I IlL"" ' South: R-1-A (Single Family Iii I I \ Residential) Iii I I I West CF "'-c. I I Existing Land Use........................ Single Family Residence ..' ~ ' Proposed Land Use....................... Annexation and Future Land Use = : Map Amendment of the property ~ = , to accommodate a religious .. 'VoZA retreat. :0 i ~ Water Service................................ Available via extension of the ~ I ~ the existing 8· water main, J ~! within N.W. 2nd Street. =J ~ I ~~ ~ Sewer Service............................... Available via connection to an I- ¡.=::.:.. ~; ~ê ~i I . . . .-AF nosr 0 ~~ i eXisting 8" sewer main within I- tOlDOO - : N.W. 2nd Street. UWEST AT UA N TIC A V [" u eMNC1' I- N e_ 1- f- - "''''.. , - -cst r- . ~lA scorrrs ~- . - I ;-- ì I IV.B. . ·.~~~i¡l~t:1i{~t~~~~¡1¡1~ir¡~tri\\t1¡!Î¡Î!.m!I¡!¡1~¡¡1¡1:ï¡¡ffl:¡¡I:¡:B:¡¡¡§::!¡¡!!¡1Î¡¡I;¡¡I¡¡~¡¡Ø:~I:¡I:¡¡B1:::~:::!~¡:1¡¡m¡¡¡~~¡~~iliili1~ili¡~*¡¡¡ili~~:¡;~1¡ru¡::æ:¡¡:¡¡!¡!:¡:¡¡: The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County MR- 5 (Medium Density Residential - 5 units per acre) to City Low Density Residential 0-5 units per acre with initial zoning of CF (Community Facilities). LOR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. . The subject property is located on the west side of Gallagher Road, at the intersection of Gallagher Road and Brady Boulevard, and contains 5.32 acres. ..J¡¡tÍ:~r~t:¡:~~:¡:~~;,¡::;,¡m¡~1¡fu~)ii{fl~tI1Çt.1t..:¡¡I:¡1~I;I:¡:(I:¡I:¡:I¡¡¡I:::I:¡t,îîMt¡~i¡~¡¡¡¡¡:¡;~lfli~~'It~~¡i,~¡;i¡M~:¡t¡¡¡*¡¡¡:¡¡¡:::¡:¡ The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property contains an existing single family residence with a tennis court and a swimming pool. No land use history is available on this property. On September 6, 1996, requests for annexation, Future land Use Map amendment and initial zoning were submitted, and are now before the Board for action. .., ':;~~:i;~¡1íl~1i¡~~1~fif¡¡¡!¡Î¡f¡¡tt~m~~~llIfI¡¡ª¡¡¡§:¡I¡Im¡¡~g::¡e.!¡~¡¡liliB¡¡J¡¡¡I¡¡M¡:J*lt¡I¡¡¡¡¡:)¡i1¡i*¡~~¡fff.tI¡:)¡¡tlt¡¡¡¡~ii,iíi:¡@l¡¡ml The subject property is a 5.32 acre parcel having a County Future land Use Map designation of MR-5 (Medium Density Residential- 5 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future land Use Map designation to City low Density residential 0-5 dulac, and apply an initial zoning designation of CF (Community Facilities). The accompanying development proposal is to establish a religious retreat which involves conversion of the existing structure and three building additions to house up to 47 individuals along with associated parking and landscaping improvements. The retreat will be a place where people can pray, receive religious instruction, study, medit~te and rest. The spiritual activities at the retreat will be entrusted to Opus Dei, a Prelature of the Catholic Church. Instruction will also include ethics, cultural education, parenting skills, family values, personal habits and virtues. . .. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 2 ~~:.:;;;;:\:lt::I:¡g::)li:§:im\~~:§¡liÑ:*I~~:!11¡:I:~\;j\\:ml;j:li\:I¡:¡:!::I¡i!¡j¡¡il\i¡llili¡;iuìilir.Æ'111111{l§H\\:ill~:ii:\ Current land Use Designations: The current County Future land Use Map designation for the property is County MR-5 (Medium Density Residential - 5 dulac). The current City "advisory" designation for this property is low Density Residential 0-5 du/ac. Requested land Use Designation: The requested Future Land Use Map change is to City low Density Residential 0-5 du/ac. . Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: Q The amendment does not exceed either 10 acres of nonresidential land, singularly or in combination with residential use, or 10 acres of residential land with a density of 10 units per acre or less; Q The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, Q The proposed amendment does not involve the same property owner's property within 200 feet of property granted a change within a period of 12 months. The Future Land Use Map amendment involves a 5.32 acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to Low Density Residential 0-5 dulac is being processed concurrently with a request for annexation and initial zoning of CF (Community Facilities) to accommodate a religious retreat. The Low Density land use designation is consistent with zoning districts which include single family and low density multiple family development. This amendment along with other small-scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. " Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 3 Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, the zoning designation must be consistent with the land use designation as shown on the Future land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future land Use. Map designations, including the proposed low Density Residential 0-5 dulac land use designation. The proposed use (religious retreat) is allowed as a permitted use within the CF zoning district. Consistency between the City and County land Use Designations: The City's FlUM designations as initially contained on the City's Future land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future land Use Map Amendment is processed. The proposed City Future Land Use Map designation for the property is low Density Residential 0-5 dulac, which is the current "advisory" designation. The City's low Density Residential designation is consistent with the existing County designation of MR-5 (Medium Density Residential - 5 units per acre). Upon annexation, only the City's FlUM designation will apply. Adjacent Land Use Map Designations. Zoning Designations & Land Uses: 1::IMb.: North of the subject property has City Future land Use Map designations of 'Medium Density Residential 5-12 dulac and Transitional and zoning designations of RM (Medium Density Residential) in part, and SAD (Special Activities District), in part. The existing land uses include a portion of the High Point West condominium development with a density of 10 units per acre (RM), and the Hudson's Self-Storage, Inc.lExtra Closet self-storage facility (SAD). South: The abutting property to the south has a City low Density Residential 0-5 dulac land use designation and is zoned R-1-A (Single Family Residential). The existing land use is a single family subdivision known as lee's Crossing, which is currently under construction. . E¡W: East of the property, has a Palm Beach County MR-5 (Medium Density Residential - 5 du/ac) land use designation and is zoned RS (Single Family Residential). The existing use is the Kingsland Pines single family subdivision. . . Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 4 ~ West of the subject property has a City Community Facilities - Public Buildings land use designation and is zoned CF (Community Facilities). The existing use of the property is a U.S. Post Office. Allowable land Uses: Under the proposed low Density Residential 0-5 dulac Future land Use Map designation, residential zoning districts which accommodate single family and low density multiple family units (R-1-A thru R-1-AAA, RL, and PRO) are allowed. In addition, zoning designations of Community Facilities, Open Space, and Open Space and Recreation are also deemed consistent. The applicant has requested an initial zoning designation of CF (Community Facilities) which is consistent with the proposed land use designation. Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the proposed Low Density Residential 0-5 dulac land use designation is applied to land which is developed, or is to be developed at a density of 5 units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Homeownership is a characteristic of this designation. Where this designation exists, uses other than low density residential, should not be considered. While the proposed use is not technically low density residential, it is residential in character and impact. Compatibility with the abutting residential developments (High Point, Kingsland Pines, Lee's Crossing) is not a major concern and there are sufficient regulations in place which will mitigate any potential adverse impacts. Compatibility of the proposed CF zoning designation and use are further addressed elsewhere in the report. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 ''the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to .the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 5 [J The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Annexation of this property results in the reduction of an existing enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. . CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within "designated annexation area No.4" on the east side of Military Trail north of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.4, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy 8-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. - Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). · .. Planning and Zoning Board Staff report Rosacker Property -Annexation with Initial Zoning ofCF and Small-Scale Future Land Use· Map Amendment Page 6 With annexation, the property will receive an improvement in response time from the current 6.0 minutes of the County's Fire Department (Fire Station #42/Hagen Ranch Road near the Turnpike) to approximately 2.0 minutes for the ~ Fire Department (Fire Station #4 at Barwick and Lake Ida Roads). Water: Municipal water service does not currently exist to the site. Municipal water service is available via extension of the existing 8" water main within N.W. 2nd Street (High Point Section 7). Along the new main, fire hydrants must be installed with a maximum spacing of 500 feet. Also, provisions for future extensions and looping of the main for system integrity will be required. Pursuantto the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: The existing single family use utilizes a septic system. Sewer service may be available via connection to the existing 8" sewer main within N.W. 2nd Street (High Point Section 7). Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets : This property has direct access to Gallagher Road and Brady Boulevard, which are under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum development potential allowed under the proposed Low Density Residential (26 single family units) generating a total of 260 average daily trips. This is a "worst case" scenario, as the proposed development is a religious retreat which will generate 115 average daily trips. The traffic study is currently being reviewed by the Palm Beach County Traffic Division. There is adequate capacity on the adjacent roadway network to accommodate the trips generated by the proposed use. Thus, there are no problems anticipated meeting traffic concurrency. Parks and Open Space: The annexation of the property as a religious retreat will not create an additional impact on park and recreational facilities. If the property is developed for residential purposes, a parks and recreation impact fee of $500 per unit would be assessed at the time of building permit. - Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will remain the same, as described later in this report. The proposed religious retreat use is contemplated to generate less waste than development of single family homes under the current and proposed Future Land Use Map designations. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 7 Financial Impacts: Effect Upon Annexed Property: For the 1995 tax year the Rosacker property had an assessed value of $513,000.00. A homestead exemption of $25,000.00 has been granted for the property. After the above exemption, the current taxable value of the property is $488,000.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: . Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5293 Deleted (County) library .4838 Deleted (County) City Of Delray Beach 6.9500 Added (City) City of Delray Beach Debt 0.9000 Added (City) 4.8369 Difference* · Total tax millage in the County is 19.8142 mills while in the City the total millage rate is 24.6511 mills. The current yearly ad valorem taxes are $9,669.32. With annexation the yearly ad valorem taxes would normally be $11,822.82; a tax difference of $2,153.50. However, as churches are tax exempt, the City will not receive ad valorem taxes. In addition to property taxes, the following is provided with' regard to Non Ad Valorem taxes: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc., however, churches are exempt from the stormwater assessment. If the property is not purchased by the church· and remains residential or is subdivided for residential purposes, an a assessment of $54.00 per unit would be applied. It is noted that a 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property contains a single family use, this assessment would be imposed in the amount of approximately $40.50. Solid Waste Authority - The Military Trail annexation areas are currently serviced by BFI (Browning-Eerris Industries) which is also the current City provider. Occupational License Fees - As the property is residential in nature, an occupational license will not be required. Thus, there will be no change in occupation license fees. . . Planning and Zoning Board Staff report Rosacker Property -Annexation with Initial Zoning ofCF and Small-Scale Future Land Use Map Amendment Page 8 Resulting Impacts to Property Owner: ..~,>~Itg:<k~<. .lJ.Mt\4.A\RM.mtmMRA. .mS,~N..œe.~. mlrio. . ..,<. . W .·M .,.....<..<~.....,,;;>...................~......... ·:~~I~lltl{I_I!llt~JIJt~_III'tf~j~Jl.i~~flll:::;~~::ifl'd_iff_iljîØ'!~~~¡j¡~~¡~~l¡~j¡¡¡~tjt.~t;¡~¡j FINANCIAL CONSIDERATIONS: AD VALOREM TAXES $.00 . (Change from 95/96 County of 19.8142 toCi 94/95 rate 24.6511 mills. 4.8369 NON AD VALOREM Stormwater Assessment $.00 WATER & SEWER UTILITY FEES * $384.00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: $384.00 · Water and Sewer fees will increase with consumption. SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 2.0 minutes (City) EMS + Faster response time from (estimated time) 6.0 minutes (County) to 2.0 minutes (City) POLICE + Better response based upon more officers in field. - CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1996 City operating millage rate of 6.95 mills and debt rate of 0.90 mills, the property would normally generate approximately Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 9 $3,855.20 in new ad valorem taxes per year. However, as the development proposal is to establish a religious retreat, no additional revenues will be realized through increased assessment value, annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone), and franchise fees on electric, telephone, and cable. Revenue would be generated however, from building permit and inspection fees, and water and sewer rates. While the minimum water and sewer rate is $384.00 per year, the rate will increase with consumption. The proposed initial City zoning designation is CF (Community Facilities) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: City RM (Medium Density Residential) and SAD (Special Activities District) to the north; City R-1-A (Single Family Residential) to the south; County RS (Single Family Residential) to the east; and, City CF to the west. 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 zoning district and the zoning district must be consistent with the land use designation. The proposed CF zoning designation is consistent with the proposed Low Density Residential 0-5 dulac land use designation. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations, including the proposed Low Density Residential 0-5 dulac land use designation. Pursuant to LDR Section 4.4.21(A)(Purpose and Intent), the CF zone district is_ a special purpose zone district primarily intended for locations at which facilities are provided to serve public, semi-public, and private purposes. The proposed religious retreat is allowed as a permitted use within the CF zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. . . Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 10 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of land containing a single family use. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). . COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property contains an existing single family residence along with a tennis court and swimming pool. A site visit was conducted and did not reveal and any code violations. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective has been identified. Conservation Element Policy 8-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy B- 2.1, they shall be preserved as if the were environmentally sensitive areas as identified in Objective B-1. It is noted that a tree survey has been submitted which identifies a variety of tree species which are worthy of preserving or relocating. With a site plan submittal a Biological Assessment of the ~ite must be submitted. The study must address any federal or state listed protected species of flora or fauna. Based upon the tree survey mitigation measures may need to be taken to preserve the existing trees. This item will be further reviewed at the time of site and development plan review. Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future land Use Map Amendment Page 11 Land Use Element O~jective A-1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property contains a variety of mature trees. With future development, mitigation measures must be taken to preserve a portion of the trees. By preserving the existing trees and structure, and requiring future building additions to provide a residential character, the property can be developed in a manner that will be complementary to the adjacent residential area. Further, the project will retain a quaint and rural setting which would otherwise be removed to accommodate a new single family subdivision. Section 3.3.2 (Standards for Rezoning Actions): Standard Band C Is not applicable with respect to this rezoning request The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The property is designated vacant residential on the Neighborhood Categorization Map. However, the properties to the north (High Point West) and east (Kingsland Pines) are noted as Stable residential. The rezoning is required in conjunction with the annexation request. The proposed zoning designation is not a designation other than CF, thus, this standard has been met. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial CF zoning designation will accommodate the proposed religious retreat as a permitted use. Compatibility of the proposed use is not a major concern as the use will be residential in character and there are existing regulations that will mitigate any potential adverse impacts. It is noted however, that while the proposed use may be appropriate, other permitted and conditioñal uses within the CF zone district may not be appropriate. These other uses are commercial in character and would not be appropriate interior to a residential neighborhood, where access requires travel through the residential neighborhood. Further, other uses have various components which are not appropriate in a residential area. . ". Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 12 Thus. if the religious retreat is not established, it is appropriate for the property to be rezoned to a residential designation. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5). in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: . · That the zoning had previously been changed, or was originally established. in error; · That there has been a change in circumstances which make the current zoning inappropriate; · That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The applicant has submitted a justification statement which states the following: ''The applicant is applying for annexation of this property into the City. The annexation requires that the applicant apply for ari appropriate zoning designation. The CF is being sought as it is consistent with the proposed City Low Density Residential 0-5 du/ac land use designation, and accommodates the proposed use of a religious retreat." Comment: The justification statement addresses Item "c" as the basis for which the rezoning should be granted. however. Item "b" is also applicable. The property is in the unincorporated area of Palm Beach County. however, it is within the City of Delray Beach reserve annexation area. As the property is being annexed into the City. the existing AR zoning is inappropriate. The requested zoning is of similar intensity as that allowed under the proposed City Low Density Residential FLUM designation. Thus, the CF zoning is more appropriate given the proposed use of the property as a religious retreat. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency). DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 13 Palm Beach County Notice: On September 23, 1996 the Palm Beach County Planning Division was notified of the City's intent to annex this property. Palm Beach County has submitted a response stating that it has no objection to the annexation request. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distribute:; the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: a High Point Sections 1-7 a Kingsland Pines Ad Hoc Committee a PROD (Progressive Residents of Delray) a United Property Owners Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ·~f.îfj¡~~¡¡¡¡¡¡¡i:¡lif.I~¡~1:¡f.I¡:I¡¡I:¡;~IIIJ¡M¡*;!I:1¡:[<ltl¡~I:¡t11¡¡!I:¡I¡¡:li;I¡~I¡I¡¡¡J.l!¡I¡¡¡I¡:::§¡¡:¡¡¡¡:¡¡f:ft~l4~¡}.jB1Mt¡¡¡:!:¡:¡:¡ Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Low Density Residential 0-5 du/ac Future Land Use Map designation is of the same intensity as the current County MR-5 land use designation. The application of an initial zoning designation of CF is consistent with the proposed land use designation and use of the property as a religious retreat. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. With ownership of the property by a religious group, the parcel will be exempt from Upon development of the property as a religious retreat, ad valorem taxes, stormwater assessment fees, franchise fees, and utility taxes. However, additional revenues would be generated from building permit and inspection fees, and water and sewer rates. .' Planning and Zoning Board Staff report Rosacker Property - Annexation with Initial Zoning of CF and Small-Scale Future Land Use Map Amendment Page 14 If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed during review of a site and development plan request. A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Lancj. Use Map amendment from County MR-5 to City Low Density Residential 0-5 dulac and initial zoning designation of CF (Community Facilities). C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Low Density Residential 0-5 dulac and initial zoning designation of CF (Community Facilities) with the basis stated. ,:~. ~i.i.¡~1¡¡~~!¡~~¡¡¡~~¡~¡:¡¡¡¡¡1¡¡:¡¡:¡¡¡¡¡~m¡¡:¡¡::¡~¡::~¡~¡I¡~I::¡IUt¥.¡Î:¥.IfÎ¡:ï¡¡§¡¡I~¡:M:.::M¡¡I¡¡I:¡I:¡I(:Œi,¡:J:¡:I::¡S:¡:r,i,¡¡~:¡m~¡¡Î¡¡¡¡t~¡Wî1;m1¡¡¡¡¡¡:¡:¡:¡¡:¡:¡¡¡:::¡:¡:¡¡¡:::¡ Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City Low Density Residential 0-5 dulac and initial zoning designation of CF (Community Facilities) based upon positive findings with respect to LOR Section 3.1.1, Section 3.3.2, Section 2.4.5(0)(5), policies of the Comprehensive Plan, and the following: A. That the property is contiguous, reasonably compact and does not create an enclave; and, B. That services will be provided to the property in a manner similar to other properties within the City. 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""','0(:" .. ~-~. ._Þ'''.. ""JI"" .09·9." .¡ ---J~-" .".. .It ¥¡ ~~ · MEMORANDUM ID: MAYOR AND CITY cn1MISSIONERS FRCJof: ~~ITY MANAGER SUBJECI' : AGENDA ITEM # 10 E - REGULAR MEETIOO OF OOVEMBER 19, 1996 SECOND READIOO AND PUBLIC HEARIN3 FOR ORDINANCE NO. 55-96 (GARBAGE AND TRASH) DATE : NOVEMBER 15, 1996 This is second reading and public hearing for Ordinance No. 55-96 which amends Ordinance 33-96 enacting Chapter 51, IIGarbage and Trash II, of the City Code. The changes are as follows: * Spanish Wells will have rear/side door service rather than curbside due to the physical characteristics of the development. * A new service and rate for the Country Manors, Imperial Villas and High Point subdivisions. They will receive curbside disposable bag service with vegetative and bulk trash pickup. 'Ib disspell any confusion, references to "centralized" vegetative and bulk pickup for these areas has been deleted. * Vegetative waste may not be placed in roll-out carts. * Clarifies the use of mechanical containers, the disbursement of recycling containers, and lawn maintenance and landscaping companies disposal sites. * States the times permi tted for placement of garbage receptacles at curbside. * Clarifies that roll-off compactor units and roll-off containers that service residential or multi-family units are included under the franchise agreement with BFI. * Removes duplicated items and makes minor grammatical corrections. At first reading on November 5, 1996, the Conunission passed this ordinance by unanimous vote. Reconunend approval of Ordinance No. 55-96 on second and final reading. f~ 5'-0 ) tNdIJ ffn~ ~ 00..-iL ref: agmemo7 & ~ ~ 'I-ú AA;:á r II¿¡¡L ¡J~ ~ /J¿.Ad1~ tõ- /ð/I/9{; , ú/\/ t~Jvil £ITY DF DELRAY BERC:í: CITY ATTORNEY'S OFFICE 200 ~:W lsl A\ï:::-;:_-E ' DELRAY BEACH, FLORIDA 33~'¡'¡ L\CSIt.1:LE '¡U-i27,,·4 ï55 Writer's Direct Line: (407) 243.7091 DEL RAY BEACH f l 0 . I 0 .... b.ed AI~America City MEMORANDUM "III! DATE November 12, 1996 1993 TO: David Harden, Ci!y Manager ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revision to Ordinance 55-96 Attached please find the latest revision to Ordinance 55-96. I have deleted the references to "centralized" vegetative waste and bulk pickup for the Country Manor, Imperial Villas and Highpoint Subdivisions. Please call if you have any questions. Attachment cc: Alison MacGregor Harty, City Clerk Joe Safford, Finance Director ® Prr·,,~rrR~Tc'-dPa"er , ·L~.... 1..._, _ v!e;; I-' ORDINANCE NO. 55-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED BY OTHERS PROlDBITED", 51.20, "BUllDING MATERIALS", 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSmILITY FOR TRASH COLLECTION", 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH", 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.39, "MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLmON SITES", 51.71, "PAYMENT AND BILLING", 51.72, "METHOD OF BILLING", 51.73, "DELINQUENT PAYMENTS; LIEN" AND 51.75, "PERSON BILLED FOR WATER SHALL BE RESPONSmLE FOR CHARGES" TO PROVIDE CLARIFICATION; BY AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH", TO PROVIDE CLARIFICATION AND PROVIDING THAT THE SUBDMSION OF SPANISH WELLS SHALL RECEIVE REAR-DOOR/SIDE-DOOR SERVICE AND TO PROVIDE FOR A CURBSIDE DISPOSABLE BAG SERVICE WITH VEGETATIVE AND BULK PICKUP; BY AMENDING SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO PROVIDE FOR COLLECTION OF ROLLOFF COMPACTORS FOR RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE A RATE FOR THE CURBSIDE DISPOSABLE BAG SERVICE WITH VEGETATIVE AND BULK PICKUP; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the residents of Spanish Wells wish to have Rear-Door/Side-Door Service rather than Curbside pickup; and, WHEREAS, the residents of Country Manor, Imperial Villas and Highpoint Subdivisions wish to have curbside disposable bag service with vegetative and bulk pickup; and, WHEREAS, the City Commission desires to clarify portions of the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.01, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.01 DEFINITIONS. To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; 1 ORD. NO. 55-96 laboratory and veterinary waste which contain human-disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. BioloslÍcal Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded remgerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative Waste or any other type of refuse. City: The City ofDelray Beach, Florida, or the City's authorized agents or contractors. City Mana2er: Shall be the City Manager of the City of Delray Beach or hislher designee. CoUection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a Designated Facility. Commercial Service: Shall herein refer to the service provided to business establishments, churches, schools, apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services to include painting and repairing required for the proper maintenance of containers. Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containerized. Commercial trash shall not include Special Waste. Construction and Demolition Debris: Shall mean materials defined as such ftom time to time by the Department and Chapter 17-7, F.A.C. Contractor or Vendor: Browning-Ferris Industries of Florida, Inc. Deoartment: Shall mean the Florida Department of Environmental Protection. Desi20ated Facilitv: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. 2 ORD. NO. 55-96 Disoosal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. Garba2e: Shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results ftom the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. Garba2e Receotacle: Shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight for owner's container and thirty-two (32) gallons or ninety five (95) gallons for rollout containers. Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law . Industrial Wastes: Shall mean any and all debris and waste products generated by manufacturing, food processing (except in restaurants and homes), land clearing, and commercial shrubbery or tree cuttings, building construction or alteration (except residential do-it-yourself projects) and public works type construction projects whether performed by a government unit or by contract. Litter: See Chapter 98 of the Code of Ordinances of the City of Delray Beach. Loadin2 and Unloadin2 Area: Any loading or unloading space or area used by any moving vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and persons. Loose Refuse: Any refuse, either garbage or household trash stored in and collected ftom any type of container other than a mechanical container or garbage can related to multiple family dwellings or the designated facility. Refuse which is collected ftom the ground is considered loose refuse. Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor and includes any motorized or electrical compactor often (10) yards capacity or less. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be ftee of any advertising or other information other than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor. Multiole »WeDin2 Units: Shall mean any building containing five (5) or more permanent living 3 ORD. NO. 55-96 units, not including motels and hotels. ParkinS! Lots: Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. Penon: Any natural person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind. Premises: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare. Private Prooertv: Property owned by any person as defined in this section, including, but not limited to, yards, grounds, driveways, entrance or passage ways, parking areas, storage areas, vacant land, or body of water.., ed æeludiag sidewalks, grass strips, and eRe half ef adjaeem eUeys:- For the purpose of this chapter, "Private Prooertv" owners are required to maintain rights-of-way up to the edge of the pavement of any public thoroughfare. Public Prooertv: Any area that is used or held out to be used by the public, whether owned or operated by a public interest, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the pavement of any public thoroughfare or body of water. Recvdable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid waste materials added upon Agreement between the Solid Waste Authority and the Contractor, when such materials have been either diverted trom the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. RecvdinS!: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Refuse: Shall mean commercial trash, household trash and garbage or a combination ef or mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding RecyClable Materials. Residential Do-It-Yourself Proiects: Minor residential repairs done exclusively by the homeowner mß15elf. Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial or multi-family services. This would include single family homes, duplexes, triplexesa, quadplexes and mobile homes. 4 ORD. NO. 55-96 Rolloft' Collection Service: Shall mean the collection of construction and demolition debris using open top rolloff containers within temporary locations in the City, limited to new construction sites. Rolloff collection service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top rolloff containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. Roll-Out Carts: Carts that are either a 32 or 95 gallon (approximate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels, and a lid latah dlat ·.·AIIlteep the lid alosed if the eart sheuld he lmoekeEi or hle'lifl Wler. Siølde FalBiIv ResideBtial Uøit: fJPj Ei·l.'elliBg plaae Eiesigaed te he eeeupied hy efte family. Slud2e: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Soecial Waste: Shall mean solid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, used oil, lead-acid batteries, and Biohazardous wastes. Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste. V e2etative Waste: Shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residems shaR hag er 6eBtainerlze aR grass eli~piags, leayes, piBe aeeåles, 8ftd similar smaR leese items ·.vfteae·:er pessihle. Large Vegetatp.¡e Waste items æøst he Bet mere than siK (6) feet Ìft leagth or 00y (50) pOOBds in '¡:eigàt, 8ftd shaR he plaeed Beady at the earn. Vegetative Waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. Tree removal hy residents is aeaeptahle ror ØUfeside pielœp if eat te the speeifiaatiofts aoted ahe':e. Section 2. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.02, "Dumping on Property Owned by Others Prohibited", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROHIBITED. 5 ORD. NO. 55-96 It shall be unlawful to dispose QÍ or discard any garbage, trash, vegetative waste. or litter on property owned or controlled by someone else. Section 3. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.18, "Types of Services Provided for Picking up Garbage and Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH. (A) Roll out Cart Service (1) All single family homes. duplexes~ triplexes. quadplexes and mobile homes r-esideøtial U11its of the City shall have roll out cart curbside pickup, except for the areas listed in sections (B) and (C). The customers in this area~ receiving cart service shall be required to use roll-out carts furnished by the City. These ems shall beeolBe the property of the r-esideat after five years. (2) These roll-out carts shall be furnished by the City (or its' Contractor) and shall beeome the pfÐperty of the eustemer after a period of fi-;e years remain the property of the ~. If a roll-out cart becomes unserviceable or is missing because of customer neglect, the City (or its contractors) may repair or replace it, but repair or replacement does not constitute a waiver by the City (or its contractors) to proceed against the negligent customer for reimbursement for any replacement or repair. The City (or its' Contractor) shall supply only one roll-out cart ready for use to each siBgle dwelling receiving residential service 1:HÜt ar eaek uøit Ïfi a multiple à-welling unit (Bet servieeà -.vith æeeftanieal eoataiaers); however, additional roll-out carts may be rented to the customer at a charge not to exceed $1.50 per month. Any additional roll-out carts shall be collected by the City or its contractors at the same time as the first roll-out cart, and there shall be no additional monthly service charge for that collection other than the charge for each additional roll-out cart rental. (3) All customers receiving roll-out cart service are required to use those roll- out carts for all garbage and for whatever trash aBd gardea and yard trash that can be reasonably contained therein. All roll-out cart service shall be collected on regular schedules and routes as detennined by the City or its' Contractor. (4) All vegetative waste shall be placed adjacent to the pavement or traveled way of the street, in containers or bundles less than 50 pounds each and with no dimension over six feet each, and then shall be collected on one of the scheduled garbage collection days. (5) The provisions and requirements set forth in this division notwithstanding, for those customers who, by reason of disability and with on other able-bodied person residing in the residence, certified by a doctor and approved by the City, are unable to place the roll-out cart at the street, then collection shall be ftom roll-out carts located at accessible locations adjacent to the house or structure. 6 ORD. NO. 55-96 (B) Rear-door/side-door service. (1) For the residential area of the City located east of the Intracoastal Waterway.. Spanish Wells and Sherwood Park, garbage and trash shall be collected at least twice each week on regular schedules and routes as determined by the City or its' Contractor ITom the rear, side, or ITont of and adjacent to the served residences, eøè at locations reasonably accessible to the City or its' Contractor. (2) All vegetative waste and bulk trash shall be placed adjacent to the pavement or traveled way of the street, in containers or bundles less than 50 pounds each and with no dimension over six feet each, and then shall be collected on one of the scheduled garbage collection days. (C) Curbside, garbage and household trash in disposable containers with vegetative waste and bulk trash pickup. (1) For the residential area of the City located at Imperial Villas.. eøè Country Manor and Highpoint, the customer's garbage and trash shall be placed in disposable bags at locations adiacent to the street and shall be collected at least twice per week on regular schedules and routes as determined by the City or its' Contractor ITom the ITont of the served residence... , ~l.weh must be in 10eatioBs aèjaeeBt t6 the str~et. (2) All garbage and trash shall be placed in secured plastic bags or other secured disposable container and no bag shall weigh more than 50 pounds. (3) This serviee speeæeaRy eH.ekuies eelleetioB of vegetative ".va5te ed bulk trash, ed remo·;aJ. of that refuse sfta1l be at aElditioft&l ebarges as set by the City or its' COBtraetor. All vegetative waste and bulk trash shall be placed curbside by the customer for collection by the City or its' Contractor on one of the scheduled garbage collection days. (D) Mechanical Container Service ill Multi-family dwelling units containing five or more units shall use mechanical containers. except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. In this case a mechanical container may also include rolloff compactors or rolloff containers that exceed 10 yards capacity. ro Business establishments. churches. schools. office buildings and other establishments that receive commercial service may use mechanical containers or roll out carts. íID Recycling program. (1) Each residence of the City receiving residential service shall be provided two recycling containers for the accumulation and collection of mad paper, glass, plastie and ak1œiBum eEl et-her recyclable materials. 7 ORD. NO. 55-96 (2) All condominiums and apartment complexes containing thirty (30) five (5) or more dwelling units using mechanical containers shall be provided an adequate number of recycling containers to collect lÐÛ£eà paper reeyelaeles recyclable materials. (3) The containers referred to in àÿAsieø part (1) shall be brought to curb-side& and shaII be collected at least once per week. For each residence or unit referred to in àivisioB nm (1) above. such collection shall be made on one of the regular refuse collection days. For condominiums and apartment complexes referred to in ãbisioB nm (2) above, collection shall be made once per week. (4) In the event the recycling containers contain unacceptable materials. the materials will not be collected and an explanatory notice will be placed in the container. (5) In the event that the recycling container. furnished either by the City or by the Contractor, is lost, damaged, or stolen, the residence or condominium or apartment shall pay the Contractor or City directly for replacement containers. (6) Participation in the recycling program shall be mandatory. Section 4. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash". Section 51.20, "Building Materials", of the Code of Ordinances of the City of Defray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.20 BUILDING MATERIALS. (A) Building materials originating prior to. during, or subsequent to the construction of new buildings, alterations, or additions to existing buildings of whatsoever type; or ftom demolition of existing structures will not be collected. Removal of these building materials is the responsibility of the contractor or installer. (B) Building materials resulting ftom minor homeowner repairs (residential do-it- yourself projects) which meet the requirements for trash collection must be bundled. bagged. or boxed and will be collected at curbside. Discarded lumber pieces must be no longer than four feet without nails. Larger materials may be picked up by special request at an additional charge ftom the Contractor. Section 5. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.21, "Commercial Landscape or Lawn Maintenance Business; Responsibility for Trash Collection", of the Code of Ordinances of the City of Defray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.21 COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS: RESPONSmILITY FOR TRASH COLLECTION. Persons engaged in either commercial landscape or lawn maintenance business shall be responsible for hauling vegetative or other trash generated by their activities to the City's Transfer Station or other Solid Waste Authority authorized disposal site fH'e&. 8 ORD. NO. 55-96 Section 6. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.22 VEGETATIVE WASTE (A) Vegetative waste shall be collected ftom the residences at least one time per week and shall be on the same day as one of the collection days for solid waste. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall bag or containerize all grass clippings. leaves. pine needles. and similar small loose items whenever possible. Large vegetative waste items must not be more than six (6) feet in length or fifty (50) pounds in weight. and shall be placed neatly at the curb. box leese vegetative ·.·..aste and h1:lßåle larger items if pessible. In the event of a dispute between the Contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager, whose decision shall be final. (B) At the request of the City or at the request of a resident, the Contractor shall collect vegetative waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. Section 7. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.23 BULK TRASH (A) Bulk trash shall be collected ftom residences within the City no more than once per week. The bulk trash pickup day shall coincide with the first refuse collection day, which shall be a Monday, Tuesday or Wednesday of each week. (B) At the request of the City or at the request of a resident, the Contractor shall collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. However. if the City requests the pickup and the Contractor is unable to collect payment from the resident. then the Contractor shall collect the bulk trash and the resident shall be billed by the City for the extra charge. When payment is made to the City for the extra charge then that amount shall be forwarded to the Contractor. Upon receipt of payment by the resident, the Contractor 9 ORD. NO. 55-96 shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. (C) Furniture and appliances shall not be placed at curbside except as herein stated. Upon request, the City may collect normal household discarded furniture or appliances, including but not limited to sofas, chairs, beds, refiigerators, washers, dryers, hot water heaters, and similar items. Residents, including tenants or lessees requesting this service of the City will be given a date when collection will occur. Items for collection shall be placed at curbside no earlier than 5:00 p.m. on the day preceding the scheduled collection. (D) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refiigerator, or container with a locking device unless the door has been removed. This prohibition shall not apply to any appliance, refiigerator, or container at a commercial establishment which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any airtight compartment thereof. Section 8. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.35, "Containers Required for Residential and Commercial Sites", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.35 CONTAINERS REOUIRED FOR RESIDENTIAL AND COMMERCIAL SITES. Except as otherwise provided for herein. or due to the type of garbage and trash service designated by the City for the subject property, it shall ee UBla'.vfuI for the owner of any real property in or ftom which litter is accumulated or produced to fail to must provide; suitable receptacles and containers. These containers must be kept in an accessible location for collection and must be Eå at all times te keep ift a suitable plaee r'E'aåil)" aeeessiele to the City eolleetioft erer:/S or private eolleetioft ageaeies, aåeEfÐate 8ftå suitaèle reeeptaeles aBå eofttaiBers capable of holding all waste materials which would ordinarily accumulate between the times of successive collections. All containers and receptacles as required shall be of safe construction and design and shall be maintained in good serviceable condition· at all times. Any receptacles or containers which do not conform to the provisions of this chapter, or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof or the public generally, shall be promptly replaced upon notice. The City Manager shall determine the quantity and location of receptacles and determine whether the receptacles and containers are serviceable. Section 9. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.37, "Use of Other Units and Containers" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.37 USE OF OTHER UNITS AND CONTAINERS. 10 ORD. NO. 55-96 Customers who, upon the express and sole approval of the City, elect to use roll-off containers or~stationary rolloff compactor units of 10 yards capacity or more aBEI eompaetor eefttaæers or like similar constructiontbulk containers orf-compactor equipment may be excluded ftom regular collection by the City or its' Contractor, subject to the provisions of Sec. 51.16. However. roll off compactors or rolloff containers. regardless of the size or capacity. that service residential or multi-family units for garbage and trash collection. shall be collected by the City or its' Contractor. Section 10. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.39, "Maintenance of Containers", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.39 MAINTENANCE OF CONTAINERS. It shall be the responsibility of the users of garbage aBEi yard trasli and recycling containers furnished by the City or the Contractor to clean and maintain those containers in a sanitary condition. Section 11. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.40 PLACEMENT OF CONTAINERS AND TRASH: PRECOLLECTION PRACTICES. (A) Blockage of stonn drains. It shall be unlawful for any person to place any refuse, trash, refuse receptacles, or containers on, upon, or over any storm drain or so close thereto as to be drawn by the elements into the stonn drain. (B) Dangerous trash items. It shall be unlawful to place dangerous trash items and all waste materials of injurious nature in containers unless they are securely wrapped so as to prevent injury to the collection crews and others. Dangerous trash and waste materials shall include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous waste. It shall be unlawful to place hazardous waste tI5e in any receptacle used for collection by the City. Some of the items listed in Part (B), if placed in a receptacle used for collection by the City in large quantities, may be classified as hazardous waste. (D) Garbage and trash. It shall be unlawful to placeA in garbage receptacles. trash which has not been drained of all liquids Ì:ft garhage reeefJtaøles. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the day of collection. 11 ORD. NO. 55-96 (E) Liquid garbage. In order to prevent spillage, garbage which contains liquids must be wrapped, bagged, or otherwise enclosed in plastic containers for collection. (F) Mechanical containers. (1) Placement of containers emptied by mechanical means shall be determined by the City Manager. The following materials shall not be permitted to be placed in those containers: (a) Tires. (b) Motor vehicle parts, including, but not limited to batteries. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1I2-inch by three feet. (e) Construction or building materials. (f) Wood in excess of one inch by two inches by three feet. (2) It shall be unlawful for anyone to place or maintain materials or place any vehicle under their control, whether temporarily or permanently, so as to block access to any mechanical container. (3) The use of or the depositing of ey garbage or tæsk iBto meøkanieal eeRæiøeFs shell oÐly he hy these persons, eøtities, or eusteæers to whom æeeh8:tlÎeal eeRtaiaers life assigBed er who ar-e pay.ng fer those æeehanieal eORtamers. (G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in containers as specified herein. All containers shall be kept covered at all times with tight-fitting covers. (II) Vegetative waste. Vegetative waste shall be placed only near the edge of the roadway adjacent to the property from which it was generated. Vegetative waste for collection shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. (I) Recycling. Recycling containers shall be placed beside the curb adjacent to the roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any container placed at curbside must be removed by 7:00 p.m. on the day of collection. Section 12. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.45, "Construction and Demolition Sites", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ~ectioD 51.45 CONSTRUCTION AND DEMOLmON SITES. (A) It shall be unlawful for any construction or demolition contractor to fail to provide onsite suitable receptacles, bulk containers, or detachable containers for loose debris, paper, 12 ORD. NO. 55-96 building material waste, scrap building material, and other trash produced by those working on the site. All material shall be containerized by the end of each day, and the site shall be kept in a reasonably clean and litter-free condition. The number of receptacles, bulk containers, or detachable containers shall be detennined by the City Manager. Construction sites shall be kept reasonably clean and orderly at all times. (B) Wàere eOBerete or &By ether S\;1estanee peau£IJleBt-Iy aftixes itself to the reaEI surfaee, e&\::lSÏßg tae S1:1rfaee te he 1:Iftß'JeB, it sftaY ee immeèiately rem.ato'eEi hy per~eBS r~spoBsihle. Tae teAR "ResB8BsilJle PeFS8B" used in t.ftis seetÏeB sftø:ll me&B tae èriver of the veIHele whieh Eiepasitetl the Sübstanee oBta the street, his employer, tae øvmer of the real preperty, or tae prime ooBtæetor iB eherge of a Ø6RMmetioR site ft.øm 9;"aere the suÐstanee originateè. Section 13. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential (SiBgle Family) Service lSin21e Familv Homes. Duolexes. Triolexes. Ouadolexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection 2.51 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 5.41 Cart Replacement 0.90 Administrative Fee 0.35 Franchise Fees (5%) 0.27 Total Fees 6.93 Reardoor Owner Container'" Monthlv Service Cost Per Unit Garbage Collection 7.85 Recycling 1.40 13 ORD. NO. 55-96 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 10.75 Administrative Fee 0.35 Franchise Fee (5%) 0.54 Total Fees 11.64 Curbside DisDosable Ba2s With Ve2etative Waste and Bulk Trash PickuD.a..a. MonthlvService Cost Per Unit GarbagelTrash Collection 1.55 Recycling ~1.21 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor ~4.26 Administrative Fee 0.35 Franchise Fee (5%) ~0.21 Total Fees ~4.82 & This reaAleer sen-iee shaD eDIy be ppe"'lided te resideD.ial areas leeated East ef the IBtrøeeastal Waterway aDd SheFWeed Park. .a..a. This eørbside dispesable bag serviee shall eBly be pFevided (e resideøtial ..eas leeated at Imperial Villas aBd CeøDtry MaBer. (B) ResideBtial (Multi-Family~ Service Multiple family Et.v~Uing liMS eoftt&ÏAiBg four units may use roll om earts or æeehaÐieal oofttamers. Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multi-family monthly fees shall esfttam include a container charge and a per unit charge. If the amount of refuse generated reqµires more than two (2) times per week collection. then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multi-Familv Rates Container Monthlv Maintenance Char2e Container Size Monthlv Cost Franchise Fee Total Container Fees 2 yd. 19.40 1.94 21.34 3 yd. 21.44 2.14 23.58 4 yd. 22.21 2.22 24.43 6yd. 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 14 ORD. NO. 55-96 CoUedion & Haulin2 Rate Per Unit (Based on a Bi-Weeklv Pickuo) Monthlv Service Monthlv Cost Per Unit Refuse Collection 1.35 Recyc1iDg 0.80 Total Per Unit Fees-Contractor 2.15 Administrative Fee 0.35 Franchise Fee (I00Æi) 0.22 Total Monthly Fees Per Unit 2.72 (C) Commercial (1) Commercial customers shall use mechanical containers or roll out carts aaè ooHløuøial refuse eeøtamer serviee. Commercial customers shall include all customers other than residential or multi-family customers. , hut Bot he limited to, aU offiee htiilåiBgs, stores, fiIIiBg sætiens, serviee establishmeøts, Iigflt ÏBdtistry, seheols, ehurœes, eltihs, 10Elges, motels, laæufries, hetels, ptlhlie haildings, feed serviee, aøElledgiftg establisbmœts. Commercial customers may use any of the following containers for accumulation of refuse: (a) Cemmereial refuse eœtamers. Roll Out Carts. The City shall require any commercial customer needing more than six reæse ooBtaÌBers roll out carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractors, and which are convenient for collection by the City or its contractors. (3) Containers emptied by mechanical means shall be provided by the City or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractors, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six or less theB sm refuse eefttamers roll out carts. and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container~ shall else be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractors and the customer. The charge shall be based upon the following schedule fer sueh garnage ed trash serviees: Commercial Rates {Monthlv} Container Pickup Frequency (Per Week) 15 ORD. NO. 55-96 $ 8.76 $17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52 $ 13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08 $19.40 $ 19.40 $ 19.40 UMQ $ 19.40 $19.40 $ 41.51 $ 63.59 $ 85.70 $107.81 $129.89 $152.00 l..ill Ul§ LllZ $ 10.78 lll.22 UUQ $ 45.66 $ 69.95 $ 94.27 $118.59 $142.88 $167.20 $ 13.13 $ 26.26 $ 39.39 $ 52.52 $ 65.65 $ 78.78 $ 20.02 $ 40.04 $ 60.06 $ 80.08 $100.10 $120.12 $ 21.44 $ 21.44 tllM SliM $ 21.44 $ 21.44 154.59 $ 87.74 $120.89 $154.04 $187.19 $220.34 t...2M un l.ll.Q2 ~ 11m twU $ 60.05 $ 96.51 $132.98 $169.44 $205.91 $242.37 Collection $ 17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04 Disposal $ 26.69 $ 53.39 $ 80.08 $106.77 $133.47 $160.16 Container Maintenance fee $ 22.21 $ 22.21 $ 22.21 U1Jl ~ rn.ll Total· Contractor Fees $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41 Franchise Fees (10%) $ 6.64 ~ ~ ill.2Q ~ rn.:M Total Fees $ 73.04 $121.68 $170.29 $218.90 $267.54 $316.15 $ 26.26 $ 52.52 $ 78.78 $105.04 $131.30 $157.56 $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24 $ 25.53 ~ ~ ~ $ 25.53 $ 25.53 $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33 L2.ll ill.n ~ $ 29.07 ~ UUl $101.01 $173.94 $246.87 $319.80 $392.73 $465.66 Collection $ 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32 Container Maintenance fee $ 27.09 $ 27.09 U1Q2 U1Q2 $ 27.09 $ 27.09 Total- Contractor $115.50 $203.88 $292.29 $380.70 $469.08 $557.49 Franchise Fees (10%) ~ .tlQJ.2 UW $ 38.07 $ 46.91 $ 55.75 Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24 95-GaUon Cart Service Pick-uos oer week Moothlv Chanle * Franchise Fee Total Fee (Month) 1 S 26.15 S 2.62 S 28.77 2 S 50.87 S 5.09 S 55.96 3 5 77.02 57.70 5 84.72 4 5102.46 510.25 5112.71 5 5127.90 512.79 5140.69 (; 5152.63 515.26 5167.89 *Tbese rates include conection and container maintenance fees. Note: The foregoing rates are based on 523.00 per ton (51.54 per cubic yard), which i. the anticipated Solid Waste Authority tipping fee to be effective October 1, 1996. (D) The charges set forth above for mechanical containers and roll out carts eÐRHBefeÎat refUse eoBt&ÏBer serviee shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's Contractor shall be used. 16 ORD. NO. 55-96 Section 14. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.71, "Payment and Billing", of the Code of Ordinances of the City ofDelray Beach, Florida, be, and the same is hereby amended to read as follows: SECflON 51.71 PAYMENT AND BILLING: (A) Comoensation: The City shall pay the Contractor compensation for the performance of the Contract, the sums due as set forth in Section 51.70, subject to any conditions or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of each month for residential services rendered during the preceding month, and payments will be made to the Contractor within 30 days upon receipt and verification of the invoice submitted. Multi-fàmily and commercial services will be billed directly by the Contractor in accordance with the Schedule of Rates set forth in Section 51.70, subject to any conditions or deductions as provided under this Agreement. (B) Billin2 Procedures: Billing arrangements for the various service types are summarized as follows: Service Type Customer Billed By Solid Waste Collection Residential City Commercial and Multi-Family Contractor Vegetative Waste Collection Residential City Recyclable Materials Collection Residential . City Commercial and Multi-Family Contractor Container Renta1lPurchase and Container Special Services Residential City Commercial and Multi-Family Contractor On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the mst day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments...i Ffor example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. 17 ORD. NO. 55-96 (C) DisDosal Costs: Residential and multi-family solid waste disposal costs shall not be included with residential and multi-family collection service costs. Residential and multi-family disposal costs will be billed by the Solid Waste Authority of Palm Beach County by non-ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority; however. the City shall not be responsible for disposal shortfall costs. Part of the commercial disposal costs will be billed by the Solid Waste Authority by non- ad valorem assessment. The non-assessment portion of the commercial disposal costs will be billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for all solid waste disposal costs incurred and not paid through non-ad valorem assessment. ..'\II eemmereial eustoæers shell ~e servieed at least eae (1) time per '.':eek for refuse ed reeyeling aød æer~ H-eE¡Heatly ~ased upea the amoUftt of r~se geaeri!ted. ..'\II multi family eustelBefs shell he sef\1eed at least eae (1) time per y.veek for r~se eå r~eyeIing. !fthe amoum ef refuse geaerateà r-eflUÏ£es æeÆ the two (2) times per YNeek eoYeetion, theft the thir-d (3rd) eå all sæseE¡Ðeat eeYeetieas shall Be ehargeà the eemmereiaI eelleetioa rate oaly. The Contractor shall bill commercial customers the appropriate fees as set forth in Section 51.70: (1) Container Monthly Maintenance Charge~ (2) the Container Monthly Disposal Charge~ and (3) the Monthly Collection and Hauling Fees with a ftanchise fee as determined by the City added. The Contractor shall remit all ftanchise fees to the City on a monthly basis. The City shall not be responsible for any disposal shortfall costs~ however. the charge for disposal to the customer shall increase or decrease in accordance with the charges of the Solid Waste Authority. The Contractor shall bill multi-family customers the appropriate fees as set forth in Section 51.70: (1) Container Monthly Maintenance Charge~ and (2) the Monthly Collection and Hauling Fees with afranchise fee and administrative fee as determined by the City added. The Contractor shall remit all ftanchise and administrative fees to the City on a monthly basis. The City shall not be responsible for any multi-family disposal shortfall costs. Section 15. That Ordinance 33-96 enacting Chapter 51. "Garbage and Trash". Section 51.72. "Method of Billing for Charges". of the Code of Ordinances of the City of Delray Beach, Florida, be. and the same is hereby amended to read as follows: Section 51.71 MEmOD OF BILLING FOR CHARGES. The regular monthly charge,ª for residential services as set forth in Sec. 51.70. or any additional charges for special. additional or unusual services shall be billed together with and as a part of the monthly statement issued by the City for water services. at the same time as all other charges.... pr-evideà that .Ggarbage and trash collection service charges shall be itemized separately on that statement. However. the City's contractors shall bill the customers receiving æeeBønieal eeaœæers and eemmereiaI r-eæse eoata:Ìfter serviee multi-family and commercial service. as set forth in Sec. 51.70. the monthly service charges for that service.... wIHeft This may include a late fee in the amount of 1.5% of the unpaid balance for delinquent accounts receiving æeehanieal eea18iRefS &:BEl eeæmereiaI reÍl:1se eeftta:Ìfter multi-family and commercial service.... MIt that 8fiY 18 ORD. NO. 55-96 delHw¡øeøt ~iUs shell in the akematv.'e ~e referahle te the City fer eeHeeâeR pürSt:!8ftt to the pre·.Uieøs set fertk ÌB this ehapter. Section 16. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.73, "Delinquent Payments; Lien", of the Code of Ordinances of the City of Delray Beach, Florida. be, and the same is hereby amended to read as follows: Section 51.73 DELINOUENT PAYMENTS: LIEN. Any bill remaining unpaid for a period of thirty (30) days after rendition shall be delinquent. A late fee shall be assessed by the ~ OORtraeter in the amount of 1.5% of the unpaid balance on delinquent customer accounts receiving residential service. æeehanieal Ø8R!8iBefs &ncl oommer-eial refuse eeRtaiBer serviee er the eeøtraeter may refer eeHeetieR te the City JM:If5\i&Bt te the preyisiens set ferdt ÍB this ehapter. If a delinquent bill is not paid, or a protest or appeal is not filed (and later processed in accordance, generally, with the procedures set forth in Sec. 52.51) within eighteen (18) days, the City mn: shall file a lien against the property and may pursue foreclosure of the lien; as in the ease sf a æ0ftgage, as well as all other legal remedies available to it. the owner being responsible for all costs and attorney's fees. Section 17. That Ordinance 33-96 enacting Chapter 51, "Garbage and Trash", Section 51.75, ·Person Billed for Water shall be Responsible for Charges", of the Code of Ordinances of the City ofDelray Beach, Florida. be, and the same is hereby amended to read as follows: Section 51.75 PERSON BILLED FOR WATER SHALL BE RESPONSIBLE FOR CHARGES. The person or company in whose name water services are billed by the City shall be considered and declared to be for the purpose of the enforcement of this chapter responsible for the payment of those fees, rates and charges therefere, except that whereÎft no water service is rendered and collection service is requested or deemed necessary these fees shall be the responsibility of the owner or tenant of that property. All charges will continue whether or not the water meter is actually turned on or off and without regard to usage or occupancy, except when a customer requests temporary shut off of water services. Section 18. That should any section or provision of this ordinance or any portion thereot: 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 19. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. -. 19 ORD. NO. 55-96 Section 20. That this ordinance shall become effective inunediately upon its passage at second and final reading. However , the rate for High Point Subdivision shall be retroactive to October 1, 1996. PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of November, 1996. ATl'EST: (kMri'!?Ju'. &r JlQJi¡- C~ty C erk First Reading November 5, 1996 Second Reading November 19, 1996 - 20 - Ord.. No. 55-96 · MEMORANDUM ro: MAYOR AND CITY cn1MISSIONERS FRœ: #CITY MANAGER StJBJ'EX:T : AGENDA ITEM # 10 F .... REGULAR MEETIOO OF IDVEMBER 19, 1996 SECOND READIOO & PUBLIC HEARIOO FOR ORDINANCE 00. 50-96 (PROPERTY TAX EXEMPl'ION FOR CERTAIN IMPRDVEMENI'S ro HISroRIC PROPERTIES ) DATE : NOVEMBER 15, 1996 This is second reading and public hearing for Ordinance No. 50-96 which amends LDR Section 4.5.1, IIHistoric Preservation Sites and Districts II , by allowing for an exemption to certain property taxes when associated with improvements to historic properties. A similar ordinance was considered by the Commission in June, 1995. The Commission expressed concern that the ordinance did not require that improvements be made to the exterior of structures, and the ordinance failed on second reading by a 3 to 2 vote. The Historic Preservation Board requested that the ordinance be considered again since its implementation would be another means of promoting preservation in Delray Beach. Changes have been made to the ordinance to ensure that the improvements visibly improve the exterior of a property and therefore improve the neighborhood. The Planning and Zoning Board formally considered the amendment on October 21, 1996, and voted unanimously to recommend that it be approved. At first reading on November 5, 1996, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 50-96 on second and final reading. ~~~ $-0 ref: agrnemo11 . . ORDINANCE NO. 50-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHOR I ZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. I WHEREAS, the citizens of Florida amended the Florida Constitution, Article 7, Section 3 (e) , to authorize counties and I municipalities to grant a partial ad valorem tax exemption to owners I of historic properties for improvements to such properties which are the result of the restoration, renovation or rehabilitation of the historic properties; and WHEREAS, the Florida legislature enacted Sections 196.1997 i and 196.1998, Florida Statutes (1992) to govern the allowance of such exemptions; and WHEREAS, the City Commission desires to create a partial ad I valorem tax exemption for qualifying improvements of historic properties as a means to encourage more restoration, renovation and rehabilitation of such properties and to stabilize and improve property values in the City. I I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE , CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection 4.5.1(M), "Tax Exemption for Historic Properties", to read as follows: I I I ! , I ¡ I I · , \ ! " 4.5.1{M) Tax Exemption for Historic Properties. (I) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4 .5. 1 (M) (5) . Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (3) Duration of Tax Exemption. (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term if requested by the property owner in the original application. (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their ¡ historic state over the period for which the exemption was granted. (4 ) Effective Date of Exemption. The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. - 2 - Ord. No. 50-96 \ ( (5) Oualifvinq Properties and Improvements. (a) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: (i) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, or I (ii) is a contributing property to a National Register-listed district; or (iii) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and I I (iv) has been certified by the Historic I Preservation Board as satisfying (a) (i) , , I (ii) , or (iii) . (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; I (ii) be determined by the Historic Preservation í Board to meet criteria established in rules I I adopted by the Department of State, Division i of Historical Resources, FAC 1A - 3 8 , as I amended, and (iii) be consistent with Section 4.5.1(E), I "Development Standards" , of the City's Land Development Regulations; and (iv) include, as part of the overall project, visible improvements to the exterior of the structure. - 3 - Ord. No. 50-96 . I . (6) Evaluation of Property Used for Government or Nonprofit Purposes. (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the I useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617.013, Florida Statutes. (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. I (7) Application for Exemption. i ¡ Any property owner, or the authorized agent of the ¡ owner, that desires an ad valorem tax exemption for the improvement of an historic property must file a written application with the Planning I and Zoning Department. The application shall be made on the two-part I Historic Preservation Property Tax Exemption Application, approved by I the State of Florida, Division of Historical Resources. Part 1 of the application, the Preconstruct ion Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. \ I (8) Part 1 , Preconstruct ion Application. I i I A Preconstruct ion Application shall be filed with the I Planning and Zoning Department before the qualifying project is i initiated. The Preconstruction Application shall also contain ¡ information concerning the proposed cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm I Beach County Property Appraiser for the property. Upon receipt of the Preconstruction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M) (5) (a) and is therefore eligible for review by the Historic Preservation Board. I - 4 - Ord. No. 50-96 \ (9) Review of Preconstruct ion Application bv the Historic Preservation Board. (a) The Historic Preservation Board shall review the Preconstruct ion Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness process simultaneously with the Part 1, Preconstruction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. A Preconstruct ion Application which requires a Certificate of Appropriateness shall not be considered until the Certificate of Appropriateness is approved by the Historic Preservation Board. (b) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4 . 5 . 1 (M) (5) , the Preconstruct ion Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board, and the Board shall issue a written order to the applicant. i (c) If the Historic Preservation Board determines that I the work as proposed is not a qualifying improvement or is not in I compliance with the review standards contained in Section 4.5.1(M) (5), the applicant shall be so advised in writing. (10 ) Issuance of Other Permits or Approval. The Building Department must review and approve all Preconstruction Applications with respect to the applicable code requirements before issuing a building permit. The Building Department shall review all plans prior to the Historic Preservation Board's review. (11) Part 2, Final Application/Request for Review of Completed Work. (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4 .5. 1 (M) (5) , the Board shall approve the Final Application/Request for Review of Completed Work and ì issue a written order to the applicant. The City will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the I receipt of the Final Application/Request for Review of Completed Work. I I 5 - Ord. No. 50-96 I - I ì ! I i , f \. (b) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Form 702-703, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the Historic Preservation Board shall conduct a , review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work I described in the Preconstruct ion Application, approved amendments, if , any, and Section 4.5.1 (M) (5) (b) . After the above review, the Historic I Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4 . 5 . 1 (M) (5) , the applicant shall be advised that the Final Application I has been denied. Such denial shall be in writing and the Historic Preservation Planner shall provide a written summary of the reasons for the determination. ! í (12) Appeal to the Historic Preservation Board's Decision. ! I Review and reversal of any action taken by the Historic Preservation Board is appealable to the City Commission pursuant to í Section 2.4.7(E), "Appeals". I (13) Approval bv the City Commission. I ! Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final i Application shall be placed by resolution on the agenda of the City ì Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, require the owner to record the restrictive covenant as provided in Section 4 .5. 1 (M) (14) in the official records of Palm Beach County as a condition of receiving the exemption, the period of time the exemption will remain in effect, and the expiration date of the exemption. - 6 - Ord. No. 50-96 t ! I I ! (14) Historic Preservation Exemption Covenant. (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant shall be in a form as established by the Department of State, Division of Historical Resources, and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. , (b) On or before the effective date of the exemption, I the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property 1 owner being subject to the paYment of the differences between the I I I total amount of the taxes which would have been due in March of each I of the previous years in which the covenant or agreement was in effect I had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference í ! calculated as provided in Sec. 212.12(3), Florida Statutes. ! (15) Completion of Work. (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Preconstruct ion Application by the Historic Preservation Board. A Preconstruct ion Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. (b) The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. - 7 - Ord. No. 50-96 I I ! J (16) Notice of Approval to the Property Appraiser. (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Preservation Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County i Property Appraiser. , (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before March 1st of the year in which an exemption is requested. (17) Revocation Proceedinqs. t (a) The Historic Preservation Board may initiate I proceedings to revoke the ad valorem tax exemption provided herein, in I the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption ! Covenant. i j (b) The Historic Preservation Board shall provide I notice to the current owner of record of the property and hold a I I revocation hearing in the same manner as in Section 4.5.1(M) (11), and , make a recommendation to the City Commission. , I ¡ (c) The City Commission , shall review the ! ¡ recommendation of the Historic Preservation Board and make a ~ determination as to whether the tax exemption shall be revoked. i Should the City Commission determine that the tax exemption shall be I revoked, a written resolution revoking the exemption and notice of I I penalties as provided in Paragraph 4 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in I the official records of Palm Beach County. , ¡ , (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 8 - Ord. No. 50-96 , I Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a , whole or part thereof other than the part declared to be invalid. I Section 4. That this ordinance shall become effective I immediately upon its passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final I reading on this the 19th day of November, 1996. ; I . , í ! ATTEST: i ! o 1~'flJ!£ JtÙ12. /Ir;/ Y:v City Cl rk First Reading November 5, 1996 Second Reading November 19, 1996 i í I I I I I I I I - 9 - Ord. No. 50-96 I ¡ ! I I I . . vI( . . up{ r"ln-'~-'~'~~~"'~~"'m,w_mm'Ti'-"m"'m'mm-m'mm'mm!w~I'n :.....,""WW TO: DAVID T. HARDEN CITY MANAGER ~' ~ FROM: DIANE DOMINGUEZ, DIRECTOR ,\JIJ. l DEPARTMENT OF PLANNING AN ZONING rJ SUBJECT: MEETING OF NOVEMBER 5,1996 AMENDMENT TO THE LDRs ALLOWING FOR A PROPERTY TAX EXEMPTION ASSOCIATED WITH IMPROVEMENTS TO HISTORIC PROPERTIES I:::~:}r::::~:::::::::::i:::}::::::r:::::¡:::::::::::::::::J@:::~:f?::::::::::::lt::::::::::~Iø.l1øN:]tIQUIs.Tâb.U'R:~mHê,~::Öø.Mî$.~'I.::::i:::::::::::t::}r:I:::::::::m::::::::::I::::::::::~::~:¡:::tf::~::::::::::::?::::::::::::::::I ................................................................................................. ..................................................................................................................................................... .............................................................................................................,..................................,..................................................................................................'............................................................................................................................................................. The item before the Commission is an amendment to Section 4.5.1 of the Land Development Regulations (LDRs), Historic Preservation Sites and Districts, adding Subsection (M) allowing for an exemption to certain property taxes when associated with improvements to historic properties. This item was before the City Commission in June of 1995, but was denied 3-2 for various reasons. The Historic Preservation Board has requested that it be reconsidered. It has been modified somewhat to address some of the concerns previously expressed by the Commission. Additional background and analysis is provided in the attached Planning and Zoning Board documentation. I:::::::::::j:::~::::::::¡::::~:t::¡:::::::::::::::::::::::::::::::::i::j,i,:t:::::::::::::::¡ji:'rtmIBJ.:II:::IN:~::~INJII:::llllIg:::!II§UitIDmÎ.:::::i:¡::::::::~:¡:::::~:::::::::::::::::::::::::~:::::::::::::::j:::::::::::::::::::::~:::::::::::::::, The Planning and Zoning Board considered this item at its meeting of October 21, 1996. There was no public testimony on the item. The Board recommended unanimously that the amendment be adopted. I::::::::::::::::::mmj:::~:::::::::::::ij::t:~:¡:m::::::j:::::::~:::::::I::mt::::fi:::m:::::i::::::::::::Ij::::t:tI:m:tIt:::::::~:::ì'EeØMMEÎid'ED:Äer.níiN::~:::::~:~::::::::::::::::::::::::m:::i:tt:t::j:I:tt:::::::~,:tt~ti:::::::::m:::t::::::m:::t::m::::~:i:i,::::::~~:::::ii:::~:~:::::::I .............................................................,........................................................................................................................................................................................ ....................................................................................................................................................................................................................................................................,.......................................'...'.................................,........................'........................................................................ By motion, approve the amendment to LDR Section 4.5.1, Historic Preservation Sites and Districts, by adding subsection 4.5.1 (M), "Tax Exemption for Historic Properties." Attachments: . P & Z Staff Report with Proposed Ordinance · . Q,ê/). .50-96 MEETING OF: OCTOBER 21, 1996 AGENDA ITEM: IV.D. AMENDMENT TO SECTION 4.5.1 OF THE LAND DEVELOPMENT REGULATIONS ALLOWING FOR A TAX EXEMPTION FOR IMPROVEMENTS TO HISTORIC PROPERTIES .. 1~I~titŒI:·~1.g@~¡¡§'ftilìl¡~i.w.1,[%i¡t~I~I~lm§ltl.llg~œlillIIII¡,til1i~itl¡~t1f~i¡~jf.M.i:f.%I*~~i!ltI~11\¡~\M~~¡¡ The item before the Board is a recommendation to the City Commission regarding an amendment to the Land Development Regulations that would allow for an exemption from certain property taxes when associated with improvements to historic properties. On November 3, 1992, Florida voters approved an amendment to the state constitution that allows local governments to provide a property tax exemption on increases in assessed values that result from improvements to historic properties. The Florida Legislature enacted Sections 196.1997 and 196.1988 to govern the allowance of such exemptions. The goal of this legislation is to encourage preservation and rehabilitation of historic properties and to assist in efforts to revitalize older neighborhoods and commercial areas. The ordinance was previously considered by the City Commission in June of 1995. The Commission expressed concern that the ordinance did not require that improvements be made to the exterior of structures. The ordinance passed on first reading, but failed to pass on second reading by a 3-2 vote. The Historic Preservation Board (HPB) has requested that the ordinance be considered again. Changes have been made to the ordinance to ensure that the improvements being made will affect the exterior of the structure. IV.D. . . P&Z Board Memorandum Staff Report LOR Amendment: Historic Properties Tax Exemption Page 3 Similar ordinances have been adopted in West Palm Beach, the Town of Palm Beach, Coral Gables, Palm Beach County, and numerous other counties and cities throughout the state. Dekay Beach has been on the cutting edge of historic preservation in the South Florida area, and it is appropriate that we implement the tax exemption ordinance as another means of promoting preservation. By motion, recommend that the City Commission adopt the amendment to Section 4.5.1, Historic Preservation Sites and Districts, by adding subsection 4.5.1 (M), "Tax Exemption for Historic Properties" as attached. Attachments: . Example Tax Exemption Calculation . Proposed ordinance P&Z Board Memorandum Staff Report LOR Amendment: Historic Properties Tax Exemption Page 2 The attached ordinance has been drafted with the following objectives in mind: · Encourage restoration, renovation, and rehabilitation without adversely affecting the property tax base or finances of the City. · Assure that the work visibly improves the exterior of the property and tperefore improves the neighborhood. · Assure that the program is easy to administer by the City. · Assure that the incentive is significant enough that property owners will want to participate. The ordinance provides that a property will qualify for tax exemption if it is individually listed on the National Register of Historic Places; is individually listed on the Local Register of Historic Places; or is a contributing (historic) structure located within one of the City's historic districts. The tax exemption will apply to the increase in assessed value that results from. improvements made to the property (see example). It will be available to owners of qualifying residential and commercial properties for a period of up to ten (10) years. The exemption will apply to taxes levied by the City, except for those taxes levied for payment of bonds, or those authorized by a vote of the electors. The exemption does not apply to personal property. The Planning and Zoning Department's Historic Preservation Planner will administer the exemption program. All applications will be submitted on a form which has been adopted by the Department of State and all applications will be reviewed by the HPB through the Certificate of Appropriateness process. After reviewing the application at a public meeting the HPB will make a recommendation to the City Commission as to whether or not the exemption will be granted. The applicant must complete the renovations within 2 years of making application. The exemption becomes effective on January 1 of the year following completion of the work. It will continue to be in effect even if the property changes hands. During the exemption period, the property must be maintained in accordance with the terms, conditions, and standards of the Historic Preservation Exemption Covenant, or it can be revoked. . EXAMPLE OF OWNER OCCUPIED RESIDENTIAL PROPERTY Æilmf.~Æ1*-~il¡f.Ie&llli¡:leSIIJ..lmtlltí~If:~îtl\lií¡~¡J:í! Property Value $ 100,000.00 Homestead Exemption - 25,000.00 Taxable Value - 75,000.00 CityT IY (8 MOl ) ';';$"';';';';';';';';"';':'''';'6'':'0· ···0···;··0·..·0····;;;·;·;·;.;·;··· I axes ear I S ;.;. ..:.:.:.:.:".:.:.:.:.:.:.:.: .. :.; .'. . ;"';';:';':'.;" .. .............. ... . .......- ... ............... ..... ......... .:.; :':':':':-:':':':':':':':':', .'. ..¡,. '-' ;.:.;.;.;-:.;.:.: ... .................. -.- .... '.' ."-....." ... ..................................-...... . Ilflillllll..,a.TI.,_lill: Property Value $ 130,000.00 Homestead Exemption - 25,000.00 Taxable Value -105,000.00 City TaxeslYear (8 Mils) i$·.··;/,::{S4mOQ:> ~Lll_lI¡øl¡IIIJJ.ø;Dll.ølrIMUIN~mmtealelaml_.Jlltmt: Property Value $ 130,000.00 Homestead Exemption - 25,000.00 Taxable Value -105,000.00 Property TaxeslYear ($75,000 @ 8 Mils) + 840.00 TaxeslYear on $30,000 Improvements @ 1.14 Mils + 34.00 Tax Savings Per Year.$i20aiØp.· Total Savings for 1 0 Years :::'$:::;4{ºßQ~Øº:::: S:PlANNI/DOCUMElREPORTSIPZTXTBLDOC .. MEMORANDUM W: MAYOR AND CITY CG1MISSIONERS FRœ: ~TYMANAGER SUBJECT : AGENDA ITEM # I ~ A . - REGULAR MEETIOO OF NJVEMBER 19, 1996 ORDINANCE NO. 56-96/SMALL SCALE FLUM AMENDMENI' AND REZONING FOR PROPERTY AT THE NORTHWEST CORNER OF S. E. 1ST STREET AND S. E. 3RD AVENUE (MOUW PLAZA) DATE : NOVEMBER 15, 1996 This is first reading for Ordinance No. 56-96 which changes the Future Land Use MaP. (FLUM) designation and zoning for a 0.86 parcel of land located at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue, lying east of the Florida East Coast (FEe) Railway. The land use change is from Communi ty Facilities - Recreation to Commercial Core I with rezoning from CF (Community Facilities) District to CBD (Central Business District). The subject property is currently owned by the FEe Railroad and designated as reserve right-of-way. It is in the process of being sold and is proposed for developnent as a mixed use conunercial project. The Planning and Zoning Board will review this matter at public hearing on November 18, 1996. The Board's findings and reconunendation will be reported to the Cormnission on Tuesday night. Staff recommends approval of the ordinance on first reading, subject to the Planning and Zoning Board's recommendation. If passed, a quasi-judicial public hearing will be scheduled for December 3, 1996. ref: agmemo12 , I . . - _.--- ... ORDINANCE NO. 56-96 I AN ORDINANCE OF THE CITY CX!w1MISSION OF THE CITY OF DELRAY I BEACH, FIDRIDA, CHAOOU¡; THE FtJTURE LAND USE MAP I DESIGNATION FRCM cx:J.1MUNITY FACILITIES - RECREATION ro 1 I , CCMMERCIAL CORE , AND REZONIN3 FRCM CF ( CXJ.1MUNITY I I FACILITIES) DISTRIcr ro CBD (CEm'RAL BUSINESS DISTRIcr) , , : FOR A PORTION OF BLœK 85 LYIN3 EAST OF THE FIDRIDA EAST ! <::x)AST RAILWAY AT THE NORTHWEST CORNER OFS.E. 1ST STREET AND S.E. 3Im AVENUE, AS THE SAME IS IDRE PARTICULARLY DESCRIBED HEREIN; ELECTIN3 ro PROCEED UNDER THE SINGLE HEARIN3 AOOPI'ION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENI'S; AND AMENDING II ZONING MAP OF DELRAY BEACH , FIDRIDAI 199411; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I: WHEREAS, the property hereinafter described is designated on the I, Future Land Use Map (FLUM) in the Canprehensi ve Plan for the City of Delray I Beach I Florida, as Community Facilities - Recreation; and I , , WHEREAS, the property hereinafter described is shown on the Zoning i ~ District Map of the City of Delray Beach, Florida, dated April, 1994, as í ! being zoned CF (Conununity Facilities) District; and i I WHEREAS, at its meeting of November 18, 1996, the Planning and I I Zoning Board for the City of Delray Beach, as Local Planning Agency reviewed this item at public hearing and voted to recœunend approval of the small , scale FLUM amendment and rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Canprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of De1ray Beach, Florida, dated " April I 1994, be amended to reflect the revised zoning classification. I: :ocm, THEREFORE BE IT ORDAINED BY THE CITY CG1MISSION OF THE CITY , OF DELRAY BEACH, FLORIDA, AS FO:LI.a>lS: ¡ I: Section 1. That the legal description of the subject property is ¡ as follows: All of BLœK 85 lying east of the Florida East Coast Railway's 100 ft. right-of-way, less the North 250 feet and the South 25 feet, City of Delray Beach (foxmerly Town of Linton), according to the plat recorded in Plat Book 1, Page 3, recorded in the Public Records of Palm I Beach County, Florida. ! I . . -- __ _, _. __. _ . __~ __ ._.. _. _M_ ------- ---- .._~----~._-~--_._----_.._----_.~...- ---........_#.- - ---.. j I I ! '!he subject property is located on the east side of the Florida East Coast Railway at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue; containing 0.86 I acres, more or less. , Section 2. That the Future Land Use Map in the Canprehensi ve Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of Camnercia1 Core for the subject property. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida ì statutes Section 163.3187(1)(c)4. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of CBD (Central Business District) for the subject property. Section 5. 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 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance , or any portion thereof, any paragraph, sentence, or word be declared by a I ¡ court of canpetent jurisdiction to be invalid, such decision shall not affect , the validity of the remainder hereof as a whole or part thereof other than I the part declared to be invalid. Section 8. That this ordinance shall become effective thirty-one ¡' (31) days after adoption, \mless the amendment is challenged pursuant to ! ~ Section 163.3187(3), F.S. If challenged, the effective date of this i I amendment shall be the date a final order is issued by the Deparbnent of i j Camnunity Affairs, or the Administration Canrnission, finding the amendment in I I canp1iance with Section 163.3184, F.S. No developnent orders, deve10pnent I I pemi ts, or land uses dependent on this amendment may be issued or canrnence ¡, before it has becane effective. If a final order of noncanpliance is issued I. I! by the Administration Committee, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Conununi ty Affairs, I Bureau of weal Plarming, 2740 Centerview Drive, Tallahassee, Florida I 32399-2100. I; - 2 - Ord. No. 56-96 , ..---- .--- .~. - - ..-- -- (.------ .-.---. _... -----~-~ . --- -- ---- .__._.._---~--- ---.-- , I I PASSED AND AOOPl'ED in regular session on second and final reading on this the day of , 1996. I I: I MAYOR ¡ I ATTEST: I ¡ , ¡ , City Clerk I First Reading Second Reading , , ¡ , , ! \ I I ¡ I l I , t I' I I , I ! - 3 - Ord. No. 56-96 I I I ¡ I I I \ i I i I i ¡ f- < . f-§? §? ~ 1-:::> :::> ~ Iã <I-- _0 0 < (D (D ~ CITY < J - I I.... HALL ..... ~ ~ f1)i -. -§ ~- a: ... (/) z- -= , J" ~ I~ J I I II ~ ~ ~ ... N.W. 1ST ST. N.E. _ _ 1ST W ÞC ST. _ Wr t; ~ II P- __ W N- . 1---_ _ ::::> ~ 1-:::.- ~ Ó - ó ~~'\ z OLD ~ 0 zl--- _ z_ _ ~~ ~ w SCHOOL w w ~ w >-= >-=- (j0 (j<V~ > SQUARE z z ~ z I I--- == I I--- I--- <j . ~ <{ 0:, 1 0 _ ~t== I--- I I I IT DD u~lJII]lIJ[I[llif[[[]]] OIJ IT ATLANTIC AVENUE 31\1: I I DIIIIJ III I" [[] [[]]] [[]]J] [[]] T - j¡ -- -I--- - ~=== c==. _ - III ==- _ ,...-- - ~- - I~ ----¡ '-- ~ >--- _ - W -WI---- _1m <Fj ~ -~f- - r:=7 J ¡---:= r- - - S.W. 1ST ST. S.E. 1ST ST. ~ 1 T -I Z[[J]J 0 I f I BUD'S z I ---- o N ~. 0 ;§ x- _ . '" ~;I W =! ..,. :I: cñ ~ !If: t- - Û - I--- I-- i-w -,- E : ~ CF = rt-;¡:a-U ~ -'- - ~ - I I 'j - - t-- I-- - S.,W. 2NC ~T. . S.E. llrf~l= t;¡~ -. 2ND I I ST. - ~IJI ~ ... _ -- I~ - ---- I ~ ---- -¡::.. IJ_ - L- 1'<' .. · . =AM w---- ~ H U\1I:¡.jr- I- ~ :;:¡ .,; v) - La.! cñ 1IIi= ~I-I ~ : == flj (/) I- ::; - r_ f---- I- I I == .. ~ I { ---- S.W. JRD -2..T__ S.E. I ~t(u ST. ".- I I "I I' Jr -. " I II . B ,I II I II I I I. IL-.J ~ REZONING-MOUW PLAZA PLANNINC DEPART1.IENT FROM: CF (COMMUNITY FACILITIES) TO: CBD (CENTRAl BUSINESS DISTRICT) CITY or DELRAY BEACH, rL -- DIGITAL BASE MAP SYSTEM -- IMP REr: LI,jl05 TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~N~~~ DEPARTM NT OF PLANN G AND ZONING FROM: EY A. COSTELLO lOR PLANNER SUBJECT: MEETING OF NOVEMBER 19, 1996 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COMMUNITY FACILITIES - RECREATION TO COMMERCIAL CORE. AND REZONING FROM CF (COMMUNITY FACILITIES) TO CaD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT THE . NORTHWEST CORNER OF S.E. 1 ST STREET AND S.E. 3RD AVENUE. 1+··::.:·::::::.::¡¡:::::::::·::·:IITI:IS·:·:ÎIIJlIIM11::11.¡:181:::1111"1$'=11.î.:¡:::::::¡:::::·::::¡:¡:¡:::¡:::¡::¡:¡:¡..¡:::::::¡:::::¡.¡:::::::::¡.¡:.:::::..¡::-::·:f The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future land Use Map designation from Community Facilities - Recreation to Commercial Core, and rezoning from CF (Community Facilities) to CBD (Central Business District) for Mouw Plaza. The subject property is located at the northwest corner of S.E. 1st Street and S.E. 3rd Avenue. I·:·¡:-:·::::::::::::::·:::::·:::::::::::.::::¡::::::::¡::¡::¡:::::::¡::::::::::::::¡::::::::¡:::::::::::::;:::::¡::::::::::::::::::::::::::.::::¡:¡::i::::::¡¡::::::::::::::::::IIIIIIIIII:::::::::¡:::::¡:::::::::¡:¡::::::¡:¡::¡:::::¡:::¡:::¡¡¡::¡::¡::::::¡::::::::::::::::::::::::::::¡::::::::::::::::::::::::::::¡::¡:¡::¡:¡::::::::::::::.:::::::.:::¡::1·::::::¡::·::1 The proposal incorporates the south 356 feet of Block 85 lying east of the F.E.C. (Florida East Coast) Railroad and contains 0.86 acres. The subject property is reserve right-of-way for the F.E.C. Railroad. The south half of the property is the former location of the F.E.C. station which has been refurbished and is now located at the Ocean City lumber site. City Commission Documentation Meeting of November 19, 1996 Small-Scale FLUM Amendment from Community Facilities - Recreation to Commercial Core and Rezoning form CF to CBD for Mouw Plaza Page 2 The FLUM amendment and rezoning to CBD includes reserve railroad right-of- way owned by the F.E.C. Railroad. The FLUM amendment and rezoning will accommodate a proposal to construct a mixed-use commercial development. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. ~':,::'::;::;¡::¡i::,:::::::::~i::':~:::::::::::::::::~::::::~:::::I.I:I:'=HI:::III:::IIIJII::::IIÎII:::III.19fi...'=II:::i:::::::~:::~:::::::::::;::;;:~::::::::::::::;::::::;:::::::::::::, The Planning and Zoning Board will formally review this item at its meeting of November 18, 1996. The Board's recommendation and comments will be presented at the November 19th City Commission meeting. I':,':',::]'::;:',::::::,:,::,::::::,:::::":,,,:::::::::::::::::,::,:::,!:,:::::::,::,:::::::::::'::::::::::::::::::::::::IIIIIMIIIII:::III"II:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,::::::::::::::::::::::::::::::::1 By motion, approve on first reading the ordinance for the Small-Scale Future Land Use Map amendment from Community Facilities - Recreation to Commercial Core, and the rezoning from CF to CBD based upon positive findings with respect to policies of the Comprehensive Plan, and Chapter 3 (Performance Standards) and LOR Section 2.4.5(0)(5) of the Land Development Regulations, setting a public hearing date of December 3, 1996. Attachments: 0 P & Z Staff Report and Documentation of November 18, 1996 0 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---5T AFF REPORT --- MEETING DATE: November 18, 1996 AGENDA ITEM: IV.A ITEM: Future land Use Map Amendment from Community Facilities - Recreation to . Commercial Core, and Associated Rezoning from CF (Community Facilities) to CBD (Central Business District) for a parcel of land located at the northwest comer of S.E. 1st Street and S.E. 3rd Avenue. COIrIMUNITY ~ g ~ &oJ '~="ANS I C£HT£R 1J < ~ - ~" ."" . OLD - --- z _ PARK >- Sa-tOOL <> <> rIft ~ - ~ - ATLANTIC ~ ~ z SQUARE ~ ~ ~ - :x: _ PLAZA 0:: - _~I &oJ -. - 4J TE:NNIS 5 "'/ z II! - l-' STADIUM ~[[[]J< :11 II ~[]]LiJlJJIIIIJ{[[j [Oïaf OJ] I I ~ ' ATLANTIC AVENUE to~"f.r om DIJJ rnrro mt; JJ/ I ,ßJJ OIIJI] ([[I@ .([0 íT]]]ill \I ¡ II I ~ ~~~; ~~~~~~ð.~~~ I!'êl~~~==~= ~ ~. I- ~= /:=: == ~= 0 z <= '= _ - F= =¡:=: () ; ~ --, - 1--- ~ ~ If) ==1~ ~ ~ ==¡!: ~ <> ~~- ~- 1 ~ 1i ,-- c-- I-- - <: J('II~'~ill' ;~T ~l ir I 111'5.1E.1u II I..; I I J ;~T ,) II I..¡ 8uD:-l~r ST. II U I l j /1 - I ~ "'11111111111 I "I J'1 II lvi ti- II liril II I'" - r=-t'. :: ~r I 11 GENERAL DATA: Owner................................................. Florida East Coast Railway Co. Applícant............................................ Mouw Plaza, L.C. Agent..... .., ....... .................... ............... Michael Weiner Location.............................................. Northwest comer of S.E. 1 st Street and S.E. 3rd Avenue Property Size...................................... 0.86 Acre Existing Future Land Use Map............ Community Facilities-Recreation Proposed Future Land Us~ Map......... Commercial Core Existing Zoning................................... CF (Community Facilities) Proposed Zoning................................ CBD (Central Business District) Adjacent Zoning........................North: CF East: CBD South: CF West: CBD Existing Land Use............................... Vacant land (Reserve right-ot-way tor the F.E.C. Rai/road). Proposed Land Use............................ Future ~and Use Map amendment and Rezoning to CBD to accommoèlate a proposal to construct a mixed-use commercial development. Water Service.................................... Available via installation of an 8" water main along S.E. 3rd Avenue which will connect to an existing 8" water main along Atlantic Avenue. Sewer Service.................................... Available via a connection to an existing 8· sewer main along the west side ot S.E. 3rd Avenue. IV.A '¡::¡¡~t~1¡:¡íili:¡~:¡~:;::¡::¡:::::¡:¡:::::¡:::¡::::¡:¡:~:~::¡¡¡::::::::;~¡:~~:~::¡:¡::¡:¡¡:¡::::¡I;:I¡¡¡I¡::I:::¡::¡::::I:¡:I¡::I]¡:¡I:::I¡:¡:I¡:¡¡::::::I:¡¡I:::I:¡:¡¡¡¡:¡I¡¡¡!¡:I::¡R:¡:Î¡;:(:::::¡:¡'¡¡:¡:¡':::::::¡:::::::::::::i::::¡:¡:::¡¡::¡¡::¡:¡::~¡::¡:¡~~;:;::~::¡¡:¡¡::¡¡:::~::¡:::¡::¡¡:I The item before the Board is that of making a recommendation to the City Commission on a privately-initiated Small-Scale Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core and a rezoning from CF (Community Facilities) to CBD (Central Business District) for Mouw Plaza. LDR Sections 2.4.5 (A) and (D) provide rules and procedures for the processing of this petition. The subject property is located at the northwest corner of S.E. 3rd Avenue and S.E. 1st Street. J:::~~1~¡i::¡~:¡~:¡::~:::::¡¡¡:¡¡¡::¡¡::¡:¡¡:~:::¡::::::¡¡:¡¡¡¡¡:::::::::¡¡::¡:~~~:¡::¡:¡¡¡¡¡::¡::::::¡::¡::::¡:¡¡:::¡::¡¡:::::::¡:::¡:::::::::::::Î:~I¡I:::I¡I¡::11:1:¡:I:::I¡:::g:1::¡:¡¡1::::::::::¡¡::::::::¡:::::;¡¡:¡::¡1::::::::¡:::¡¡::¡¡:::¡:::::¡¡¡¡::¡::¡¡::¡:::::::::::;::;:::::::¡:::¡:¡¡:¡:¡:::¡:::::::::::::;:¡¡¡:¡::¡¡:ill¡1 The proposal incorporates the south 356 feet of Block 85 lying east of the Florida East Coast (F.E.C.) Railroad and contains 0.86 acres. The subject property is reserve right-of-way for the F.E.C. Railroad. The south half of the property is the former location of the F.E.C. station which has been refurbished and is now located at the Ocean City Lumber site. The asphalt parking area associated with the railroad station still exists on the property, however it is not utilized. On January 1, 1986, the City entered into an agreement to lease the easterly 5 feet of the subject property to construct a sidewalk. The agreement also included other reserve areas which are leased for roadways, parking and beautification purposes. With adoption of the City's Comprehensive Plan in November 1989, the Future Land Use Map designation of the property was changed from Commercial to Community Facilities - Recreation. Subsequently, with the Citywide rezoning and adoption of the Land Development Regulations on October 1, 1990, the subject property was rezoned from CBD (Central Business District) to CF (Community Facilities). 1:¡¡¡:¡¡J~~~t¡:::¡::¡¡:¡¡¡::¡¡~¡m¡:¡:¡::J¡J:¡¡¡¡¡J::::¡::¡¡:¡¡¡::::::¡:::¡:¡J:¡::¡:¡:¡:::¡¡¡:¡:¡p¡:¡ijIa::¡UJã::¡Ø:¡~1¥¡¡¡l\:P::¡E¡¡¡I::¡ønIII!¡¡Rgftl¡::I]::¡N¡¡:¡¡J¡¡::¡:¡¡::¡::¡¡¡Jft¡¡¡:::¡:::¡¡¡¡::¡::¡¡~::¡~m¡:¡¡¡:¡:t:¡¡:¡::¡:n¡¡:¡:¡:¡¡t::¡1 ................................................................................................................................................................. ............................................................................... ....................................................................................,..............................................................................................................................................................................................,...............................................,...........................................,................................................................................ The proposal is to change the Future Land Use Map designation from Community Facilities - Recreation to Commercial Core and rezone the property from CF (Community Facilities..) to CBD (Central Business District). The FLUM amendment and rezoning will accommodate a proposal to construct a mixed-use commercial development. 1::::::¡U¡::¡g:¡:m:::y¡::S;:::g:::::::¡:::;::I:¡:li:::I¡::::~::¡:I¡:::§::¡:§::::¡:::¡I:::I~¡:I¡¡:::::::I:¡¡I,::I¡::R::¡:g:::I:'¡g¡¡::I::lt,:::¡I¡::R::¡I:::I:¡¡;t:¡::§::::I¡:::I~::::¡::::¡:I This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statues 163.3187. This statute states that any P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial , Core and Rezoning from CF to CBD for Mouw Plaza Page 2 local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: 0 The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; 0 The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, 0 The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The Future Land Use Map amendment involves a 0.86 acre area, thus the total area is less than the 10 acre maximum for nonresidential land uses. The amendment to Commercial Core is being processed concurrently with a rezoning request to CBD (Central Business District) to facilitate the construction of a mixed-use commercial development. This amendment along with other small-scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owne¡-is properties been granted a land use change within 200 feet or within the last year. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the Ia'nd is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The current Community Facilities - Recreation FLUM designation allows the following zoning designations: CF (Community Facilities) and OS (Open Space). The property is currently zoned CF which allows a variety of community related uses. The proposed Commercial Core land use designation allows the following zoning classifications: CBD (Central Business District), RT (Resort Tourism), RO P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 3 (Residential Office), OSR (Open Space and Recreation), OS (Open Space), and CF (Community Facilities). In conjunction with the Future Land Use Map amendment to Commercial Core, a rezoning to CBO (Central Business District) is being sought. The FLUM amendment and rezoning to CBD are being processed concurrently to facilitate the construction of mixed-use development (commercial, office and residential on upper floors) which is permitted within the CBD zone district [ref. LOR Section 4.4.13J. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Adjacent land Use Map Designations. Zoning Designations & land Uses: Nsm!1: North of the property has a Future Land Use Map designation of Community Facilities - Recreation and is zoned CF (Community Facilities). The existing uses are vacant land and the Sun Bank parking lot. South: South of the property has a Community Facilities - Recreation Future Land Use Map designation and is zoned CF (Community Facilities). The existing use of the property is a municipal parking lot. East: East of the property, across S.E. 3rd Avenue has a Future Land Use Map designation of Commercial Core and is zoned CBD (Central Business District). The existing use is Sun Bank and its associated parking lot. ~: West of the property, across the F.E.C. Railroad, has a Future Land Use Map designation of Commercial Còre and is zoned CBD. The property is currently vacant and has development approval for Phase" of the Grove Square commercial development. land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Commercial Core land use designation is applied to the Community's Downtown area which includes the "Village Center" development scenario. The Commercial Core accommodates a variety of uses including commercial and office development as well as residential on upper floors of commercial structures. Compatibility with the adjacent commercial developments is not a concern. The properties to th-e north, east and west have a Commercial Core land use designation, are zoned CBD, and contain commercial uses. The proposed Future Land Use Map amendment to Commercial Core is consistent with the proposed CBO zone district. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mou~ Plaza Page 4 Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: Q Water service is to be provided via installation of an 8" water main along S.E. 3rd Avenue which will connect to the 8" main within Atlantic Avenue. Along the water main, fire hydrants are to be provided every 300 feet. 0 Sewer service is available via a service lateral connection to the existing 8" main within S.E. 3rd Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: With FLUM and rezoning requests drainage plans are not required. The site is primarily vacant with a large asphalt area which was previously utilized for parking. The FLUM amendment and rezoning will not negatively impact this existing situation. With redevelopment of the site, drainage plans will be submitted. There are no problems anticipated retaining drainage on site and obtaining a SFWMD permit. Traffic: The subject property is located within the City's TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD, OS SHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however, a traffic statement will be necessary for impact fee purposes. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. However, with any proposed residences a parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBO for Mouw Plaza Page 5 Solid Waste: Trash generated each year by the proposed commercial uses will likely increase from the uses allowed by the current land use and zoning designations. However, the development of these properties under the Commercial Core land use designation should not create an adverse impact on this level of service standard. ¡:i¡~~ï¡¡¡¡¡¡[¡~¡¡¡[:¡¡¡:~:¡:;¡:¡¡¡¡¡::~¡:¡¡;¡¡¡¡[¡¡¡:¡¡:¡¡¡¡;¡¡¡:¡~::~:¡¡:¡¡¡¡¡::¡:::¡::::~¡:~¡¡¡:¡¡¡:¡:j;¡¡:¡¡.!¡I¡¡I:¡¡I::¡Bri.I;¡¡;¡;I¡I~I¡I¡IJ.I¡:J.!¡I¡::¡¡:¡¡~¡[¡¡¡:¡¡¡¡¡¡¡¡¡¡fI[¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡\¡¡;\:~m~¡:¡¡¡:¡¡:ili.~ilir!¡¡¡¡¡¡¡¡¡~¡¡:¡:~¡tf.}: 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with .the peñormance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable. The applicable peñormance standard of Section 3.3.2 is as f01l0ws: (D) That the rezoning slìall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the surrounding properties are commercial in character. The compatibility of the specific use with its P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 6 surroundings will be further reviewed with a development proposal for the property. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a) That the zoning had previously been changed, or was originally established, in error; b) That there has been a change in circumstances which make the current zoning inappropriate; c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "Simultaneously with the request tor rezoning, the applicant has submitted a request to change the Future Land Use Map. This property is bordered by the FEC railroad right-ot-way and is surrounded by the following zoning areas: (a) to the north CF; (b) to the east CBO; (c) to the west CBO; and, (d) to the south CF. As an "island" within these areas and given its proximity to the railroad tracks, there can be no other suitable designation for the property except CBO." Comment: The reason for which the rezoning is being sought relates to Item "c". The proposed CBO zoning is similar in intensity as the proposed Commercial Core Future Land Use Map designation, and is more appropriate given the surrounding commercial properties. The property is within the City's Commercial Core and is surrounded by properties which are commercial in character. Further, the property is located within the first block north and south of East Atlantic Avenue, which is primarily zoned CBO, which provides more flexible setback and parking requirements to encourage redevelopment. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The CBO zone district permits the existing uses and provides a more flexible parking requirement as well as 0' building setback requirement, within the first block north and south ot Atlantic Avenue. Any future development will be required to comply with the applicable Land Development Regulations. P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBO for Mouw Plaza Page 7 li.!:~!¡::::::¡::¡::::~::¡¡:~~::¡¡¡:~¡!¡¡:¡~¡:¡!¡::¡::!¡~:¡¡:¡¡:¡:::¡:::¡¡¡~¡¡~~~¡!I:¡ll::1~11!:llj.~l11;111Mllf.¡lt.I¡*¡:¡ri~~il¡¡¡¡!¡i~i!!.~;¡¡¡i¡¡:¡:::¡:::¡:¡¡:¡::¡¡¡:i~~~¡¡::~¡~[¡:¡:¡:¡:¡¡¡¡:: Downtown Development Authority At its meeting of October 23, 1996, the DDA reviewed the proposed FLUM amendment and rezoning and had no objections. Community Redevelopment Agency At its meeting of October 24, 1996, the CRA reviewed the proposed FLUM amendment and rezoning and had no objections. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ,...... ·11·····..··,,·,····,·····,·····..···,····,,·····,·········,,·········,···,··,,··,·············,· I . 111rrr ..,.." ·1'1']'·" IIrrn I'·····,,·,' . 11I111111fr . ·1······· ':':1[[ 1T ':'r ':1"" )'..' .,...., ':111 I ....,."" I .,....., .....,.....,.,......, ...... .............., .......... ........."...... ......,., ......., ...... .................., ..... . "'"'' ......... .......... ....U....·' X...[Q'.....'.·.... .........,.,' .........".. "',.."" :::IIIfM;'I::;'::i:::i::::::::::::::i:It::¡¡::;'¡:I¡::§:~§\::§\::§ji§j:::M::::§:\¡:N::¡æ:::tjlml:;,g¡'¡¡::[Q:¡m:¡1:¡'I:¡'lt.::~.i:I*J.;':;:,;:::::::::ll¡'¡¡'::j:m¡'I:I~¡t:¡t::¡::;,::::~::::¡;,::::::t:¡'I The Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed Future Land Use Map amendment is consistent with the proposed CBO zoning designation. The rezoning will enable positive findings to be made with Chapter 3 of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5) (Rezoning Findings). The CBD zone district is more appropriate as property is located within the area one block north and south of East Atlantic Avenue, which provides flexible regulations that encourage mixed-use developments. ':¡~¡:~~1~~¡~f~~¡::¡:::::¡:¡¡¡::::::::!:¡¡¡::::¡¡~!¡~::¡:::~:¡¡:¡:¡¡¡:¡¡::::::::::::::::¡:¡:~!!:I::::Œ¡I:!I::::I¡¡:I:::I:~I¡I:~I:¡:IU\ljl;¡I~¡I:¡:111~11:~¡~:¡¡:¡¡:¡~1)1:¡¡:!:::::¡¡¡:¡:¡¡¡¡:~*:¡:¡¡~¡;¡¡¡¡¡¡:¡¡!.¡:¡¡¡¡¡¡:¡::¡¡::¡¡:¡:¡¡¡:¡::::::::¡~¡:I A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core, and the rezoning request from CF to CBD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). C. Recommend denial of the Future Land Use Map Amendment from Community Facilities - Recreation to Commercial Core and the rezoning request from CF to CBO with the basis stated. P & Z Board Staff Report Small-Scale FLUM Amendment from Community Facilities-Recreation Facilities to Commercial Core and Rezoning from CF to CBD for Mouw Plaza Page 8 '~f:~~Jm~~¡¡¡¡¡¡:¡¡:¡::¡::¡¡¡w'¡~¡¡¡¡¡¡¡:¡¡¡~:¡¡¡~¡¡~¡f~l~tltt.~I:~lwll¡I¡¡I~;li.¡¡Ii.:I¡¡I:~I:¡¡I:r.I::I¡¡í¡~I[]~~¡¡~~11ff.rf.~H:*l!~t¡~¡1¡¡!¡¡:¡¡¡:::¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡:!¡ Recommend to the City Commission approval of the Small-Scale Future Land Use Map amendment from Community Facilities - Recreation Facilities to Commercial Core, and the rezoning from CF to CBO based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LOR Section 2.4.5(0)(5). Attachments: o Future Land Use Map o Zoning Map o Survey This Report prepared by: Jeff Costello. Senior Planner ~1"('\1"t'tl~':~ ---- \' .' '" ~ ~ ~ ~ 0' .. i . ~~ -' .. - ~ ~ N <:s: t \ I ~! \ ~ . IJ~ J \ !~ ..,.. i:Ç<r"'~ ;N I ;~ o.e '" . ~,'.ì.~ ~ T ~'.. t- "~- ';. Ú\ ~ \!) I -.c !<1 I ~ ~ _I ~ ~ > ~,~ í1- ~_I' ~ I \ ~ \ ~ . \ ~ ~- \ \ 1;:;1 --.J.. , 8-~ ;~ f ... '" . "I a I ~ """. \:.::; \ ~t . \ · % h ~l ~ t \ \ ~ ~ ~ \ 'I' \ \~ T . Ii - ( . ~ T (-' \1 T \-- ," I ~ J . 4 1 , ~ I; \ -II \ _ I (<I'f.ot \ ~ ..... -:--:::- '.;,..r-... 1- Sf . ' ~ ...." I ..st .,1. ¡, :.' ~- t % .. ..c .......~ .' ,<:J .t c. /; ~~ \ ~ i ,"' \"3 .~~, \ ~ .' 1."~ . ~. :~ 'j r"\ of ét;. :. 1.' ..," I",; '..~ ~ . ~; ~ ~.~ :;-. 0;:, ø¡,:. II·~ 4,,¡!vel( .~ "/" ..' . . ..~.;,:'~' ,,.¿ ~ ~ ':"'~;::"" .£nU j \ " - ~.IšJSÍ'3'S . . MEMORANDUM '10: MAYOR AND CITY CG1MISSIONERS FRœ: ~ITY MANAGER SUBJECT: AGENDA ITEM # I)¡ ß - REGULAR MEETIOO OF NJVEMBER 19, 1996 FIRST READIOO FOR ORDINANCE NO. 57-96 DESIGNATIOO THE SANIX:MAY HOUSE AS A LOCAL HIS'1ORIC SITE DATE : NOVEMBER 15, 1996 This is first reading for Ordinance No. 57-96 which designates The Sandoway House located at 142 South Ocean Boulevard as a local historic site and adds it to the Local Register of Historic Places. The designation was ini tiated by the Historic Preservation Board. A copy of the designation report is attached. The Historic Preservation Board conducted a public hearing on this matter on November 6, 1996, and voted unanimously to reconunend approval. Reconunend approval of Ordinance No. 57-96 on first reading. If passed, a public hearing will be scheduled for December 3, 1996.' 1~5-ò ref: agmerno 14 , I -..--.-......-,....-...- ~. ._-.--,-.- _.._,,__.··'___r.-__ .,'''_ --- .._-~---_.--_.~.~. ,--.----- .._- ._^_. .-.--.,,---- I ORDINANCE NO. 57-96 I I I i AN ORDINANCE OF THE CITY cc:M-1ISSION OF THE CITY OF DELRAY ! BEACH, FLORIDA 1 DESIGNATIro THE SANWVAY HOUSE, LOCATED AT 142 S<XJl'H OCEAN BOULEVARD , AS MORE PARTICULARLY i DESCRIBED HEREIN, AS A :u:x::AL HIS'IORIC SITE¡ PROVIDIro FOR ¡ THE AMENDMENr OF THE II ZONIro MAP OF DELRAY BEACH, FLORIDA, 1994 If 'ro SHOO THE HIS'roRIC DESIGNATION IN AN OVERLAY MANNER¡ PROVIDlro A GENERAL REPEALER CLAUSE, A [ SAVIro CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4. 5. 1 of the Land Developnent Regulations of the ! Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites ¡ and WHEREAS, the Historic Preservation Board of the City of Delray Beach initiated the nanination of the property hereinafter described for historic designation, and a designation report was subsequently prepared¡ and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the historic designation on November 6, 19961 and voted unanimously to reconunend that the property described herein be designated a local historic site¡ and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE 1 BE IT ORDAINED BY THE CITY cc:M-1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLCMS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Developnent Regulations of the City of Delray Beach, to-wit: THE SANWVAY HOUSE, located at 142 South Ocean Boulevard, Delray Beach 1 Florida¡ more particularly described as follows: I Beach Lots Delray, the South 73 feet of the North 100 feet I of Lot 241 less the West 355 feet, as recorded in Plat Book ! I 1, Page 25, of the Public Records of Palm Beach County, i Florida. 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 show the historic designation, in an overlay marmer. L I i , I . -'-.."-.---- . ..~,-. --'.- --,.,.-~"._-,--'- -...-- _u.__, .. -'-,-,- --'.- - - --.-----.,. _. ~--- -_. -- ,~ -- - "--------_.- ___R" .___".." ~._ 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 inunediately upon passage on second and final reading. PASSED AND AOOPl'ED in regular session on second and final reading on this the day of 1996. MAYOR ATI'EST: City Clerk First Reading Second Reading I i f ¡ I I - 2 - Ord. No. 57-96 i , i i IIH I I IT I I I I 1 LOWRY STREET N.£. 1ST ST. I ~ - I- J\I ó w ::> 0:: ::> z DELRA Y ~" z - r > VETERANS ~ ~ > « J « SUMMIT :ïi - « ~ « I PARK CONDO ~ - - A TLAN TIC l'..."'-.: - I PLAZA ~"'-.: LJ « ~ ¡- - l"'- i- ~~ BARR I-- I:J I-- - ~ CAMINO REAL TERRACE 1m g¡ >-- ~ HOLlDA Y INN rn~ CONDO ~I 0 « w « ,« I , en AVENUE 0 ATLANTIC a: 1 1 1 III III I r n I IT WA TERWA YEAST - - COMMERCIAL - - >- CONDO - L.J - I- « &/ / « C-.-..-J ~ - f-- II- « ~ BAR 0:: (/) '--~ r- I--- ~ HARBOUR 0:: Iã ~ CONDO I- 0 I--- ~ lJJ 70 ~ I I j I I '-- I- ~ IRAMA "S . a: I I ~I r ILl]] == T J~ f.-- « - - « ~ ....J - W - « u - OCEAN PLACE ...J - « - ~ CONDO ::> ~ - 0 - ~ 1flfIi; '-- - - '--- - Z ~ J I , C<ICONUT ROW -J « "-- j INGRAHAM "='-'L « r I IE lJJ l- I- I-- () I-- :c I- OCEAN TERR. I- ~I-- C/) SEAGA TE OCEAN '!ERR. H 0 I- - I - S"~TOWfRS - - « 0 I N A S S Älu S T. J () - () !EHHffi~ - - - « I- - ,- - ~ Z '- ~ BAY I STREET I I- « l.- I - Z -J - LAN/KAI - - I- VILLAS CONDO LANGER WAY « tj I J I-- I N ," ! SANDOWAY HOUSE I - 142 S. OCEAN BOULEVARD PL^NNING OEPMt TM(N T CIIY or QCLI!AY O(ACII, rl - - DIClfA! {lAst: IMP SY510. -- u^,1 Ill": I v.ow, Dr; ~ r:,::::·::::i·i::¡:::-¡:¡.:¡i:.:·::i.:i::.iii.iiii·ii.:¡:i!:¡::':::::::::!:::::;!::::::::!'¡'i::I!i<j!iI!!î!\Œ~ì!i'¡¡~J'¡¡¡¡iil ...................... ..... ..........~ Imu.... m."ul:a:a: Im.l.. n "'''''.':::1'111 I:: Klm:.::ml",.,'··..·····..·· ...... .................. TO: r.~~ To,HARDat::NAGER THRU: ~UEZ, DJRECT~ ~ DEPARTMENT OF PLANNINGu~D ZONING FROM: ~C~IC PRESERVATION PLANNER SUBJECT: MEETING OF NOVEMBER 19,1996 FIRST READING OF AN ORDINANCE TO DESIGNATE THE SANDOWAY HOUSE, 142 SOUTH OCEAN BOULEVARD TO THE LOCAL REGISTER OF HISTORIC PLACES. J'!':!:::'::¡:¡¡:::::~::":':::::::::::::::::::¡::.::.·!::¡!::::::::::::¡:::·:::::::¡::.¡::llmÍ:ÎI:.::ïIÎWJII.i:::lfi::mø:I:::;IMlìlìÍ:IB·::::::::::::::::::::::::::::::::::::;:::::::¡.:::::.¡::¡::::¡:¡.:::;...::¡::.::.,.:::~ The action requested of the City Commission is that of approval on first reading of an ordinance designating the Sandoway House to the Local Register of Historic Places. J:':':::::::;:::::::::::.:.:::..::::::':.:::::::::;:;'::::;:::::.:::::':::::.:::::.:::::::::::.:::::::::::::::::'::::::::::::::::::III:KÎIIIII:::::::::::::::::::::::::::::'::.:::::::::::::::::::::::::::::':::::.:::::i::::::::::::::I::::::::::::::¡::i:i:::::::::::::::'::;:::::::::::::::::::::::::::::::..:::::'~ The Sandoway House was constructed in 1936 and is credited to local architect, Samuel Ogren, the first architect to practice in Delray Beach. Ogren's prolific works shaped both the public and private character of the City, including the National Register listed high school and gymnasium, now known as Old School Square. The Sandoway House was constru~ted in the then-emerging Resort Colonial Revival style, which was popular in Delray Beach during the years of the Great Depression. It is one of only a handful of houses in this style of architecture remaining on the City's beachfront. The property consists of a single family residence, which is slated to become a nature center under the auspices of the Friends of Sandoway House, Inc. in the near future. The property is currently leased by the City from the owner, Palm Beach County. The County is aware of the proposed designation nomination and no objection has been forthcoming from the Division of Property and Real City Commission Documentation 142 S. Ocean Blvd.; Historic Status Page 2 Estate Management. Sandoway House is located in the Community Facility (CF) zoning district and is legally described as follows: Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1 Page 25 of the Public Records of Palm Beach County. Additional background and analysis is provided in the attached Designation Report. I:':::::::¡::::¡:::I::¡::::::::::::::::::::::::::::::::::::::::::::IJIŒIIIg::::"BïIIIIIlB:¡:¡IIIII¡::llllllllImlll:::::::::::::::::,:::::::::::::::::::I¡::::::¡::::¡:::¡:¡:::::¡:::I The Historic Preservation Board considered this item at a Public Hearing on November 6, 1996. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. 1:::'::':::::::::;\"':":':":::",:,:::..,\;::::",::'::'::::::::::::::::::::::::::':::::::::::':::ii:::::::¡::¡:¡¡::\..::::::::::::::III&III,:III:::IIIII:::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::':::::::::::":::::::::::::::::::;;\:::::::'\:::,¡:¡::::::::::::,:'::::::::::::::::::::,1 By motion, approve the ordinance designating the Sandoway House, 142 South Ocean Boulevard, to the Local Register of Historic Places Attachment: Sandoway House Designation Report. file/u/ww/sand-ccd ----- - -- - - --- --- DESIGNATION REPORT Historic Preservation Board D~lray Beach, Florida . . Sandoway House 142 S. Ocean Boulevard Constructed. 1936 DESIGNATION REPORT: 142 South Ocean Boulevard TABLE OF CONTENfS I. GENERAL INFORMATION II. LOCATION MAP UI. ARCffiTECTURAL SIGNlFICANCE . IV. HISTORICAL SIGNIFICAr.'lCE . v. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY . .' Report prepared September 1996 by Jo-Anne M. Peck and Carolyn H. R Patton. --.-. - -" L GENERAL INFORMA TIOl'l : Location; 142 South Ocean Boulevard, Delray Beach. Palm Beach County, Florida DatcofConsuuctÏon: 1936 Architect: Credited to: Samuel Ogren Builder: Unknown Present Owner: Palm Beach County Present Use: Currently being transformed into a Nature Center Future Use: Sandoway House Nature Center Present Zoning: Residential - Fu1ure Zoning: Community Facility -. '. Legal Dc:scription: BEACH LOTS DELRAY, S 73 FT OF N 100 FT OF LT 24. LESS W 3SS FT Classification for Designation: Architecturat. h~.orical and cultural . . ,. m. ARCffiTEcrURAL SIGNIFICANCE The Sandoway House was constructed in 1936 and is credited to .Iocal arc:hitcct, Samuel Ogren" the first architect to praçâce in Delray Beach. Ogren's prolific works shaped both the public and private character of the City of Detray Beach. including the National Register listed High School and Gymnasium (now known as Old School Square). The Sandoway House was constructed in the then-emerging Resort Colonial Revival (or Resort Colonial) style, which was polular in Delray Beach during the years of the Great Depression. It is one of only a bandful of houses in this style of architecture remaining on the City's beachfront. . Overview of the ~eso'tt Catania! Revival S~le (1930- J 939) Despite the Great Depression there was still a great deal of residential construction in Delray Beach, much of it built by wealthy winter residents along the beachfront. In response to the economic difficulties in the nation, a more restrained fonn of arch~tecture became popular: Reson Colonial Revival. This relatively modest style was in deliberate contrast to the more flamboyant and ~"Uberant Mediterranean Revival style which was in vogue only a decade before, during the Florida Boom of the 19205. A subtype ófthe Colonial Revival style; the Resort Colonial genre combined the best features of colonial and vemaculac design with interesting resort details such as open-air balconies. Typical1Y7 Resort Colonial Revival is two-story with either a rectangular or square plan. Roofs are hipped or side-gabled with boxed eaves and little overhang, occasiona1ly decorated with dentils or simple cornices. Both symmetrical and asymmetrical facades are common. The main entrance tends to be simple in ornamen~ but remains a focal point of the facade. Windows are usually double-hung with si~ eight, or nine panes. Bay, paired and triple windows can also be found. Wood cla4ding is most common in Florida, but masonry examples can be found. ~lie interiors of these houses were often filled with beautifully crafted arcbit<:ctural elements. The city's inventory of tJ;tese type of remaining structures includes but a handful remaining along the waterfront. SUQj ecl Pro,perty The Sandoway House is typical of Resort Colonial Revival in its use of New England dapboard construction combined with an airy porch to capitalize on the sea breezes. The two-story wood-framed house is rectangular in form with the open porch on the second floor looking over the ocean. Origi.n.a.lly the house featured a corTesponding porcb directly below on the ·' first floor which has been replaced by awrap-around screened porch, added in 1980. The hipped Ioof is clad with asphalt shingles ð.nd features a central chimney. Th~ second story is framed in vertical batten and bouds and the fU'St floor is sheathed in horizontal clapboard. Most of the ongina] 8,'8 pane wood double hung· \\indows are existing as are the origioal operable wood shutters. An example of the deliberate tack of outward osteatation can be seen in the elegant arched v-indow which is located on the south facade of the Sandoway House and is not visible to passersby on the street. Interior details in Sandoway House include a graceful winding staircase. solid Dade County pine floors, cypress ceilings, crown moldings and double-hung wood windows throughout. IV. HISTORICAL SIGNIFICAJ.'l"CE Sando'way House is listed in the Florida Department of State Master Site File Ip;rëntory of Historic Structures and is eligible for listing in the City's Local Register of Historic Places. Sandoway House was built for r(:tired produce broker 1. B. Evans from Deerfíeld Beach in 1936. It is believed that Mr. Evans commissioned local Architect Samuel Ogren to design the house as a retirement home. Mr. Evans was appointed as Lieutenant-Coloncl and Personal Aide to Florida Governor Fred P. Cone in 1937. The position was honorary 2nd consisted of accompanying the ~Govemor on state and ceremonial oc.casions. . Sandoway ~ provides cultural significance as it exemplifies the historical. political, economic and social trends reflected in Delray Beach during the Great Depression. Designed in a unique style adapted to both the local climate and socio-economic conditions of the nation, the house provides significant clues about the values, lifestyle and social consciousness of the upper-class citizens moving to Delray Beach during the 19305. . v. STATEMENT OF SIGNIFICANCE 142 South Ocean Boulevard, commonly known as Sandoway House, is eligible for listing on the City's Local Register of Historic Places both for its architectural and social significance. Aesthetically, it portrays the environment in an era of history characterized by its architectural style. Additionally, it contains elements of desib'tl, detail and craftsmanship of outstanding quality which represented. in its time, a significant adaptation to the south Florida environment. It portrays cultural significance as it exemplifies the historical. politicat. economic and social trends as reflected in Defray Beach during the Great Depression of the 19305. It is appropriate that this building b~ listed on the local Register of Historic Places for it is worthy . . of the protection and special considera.tion afforded by that designation. CòteJja for Desii"Rtion Scc;tion 4.5.1(8) of the Land Development Regulations oCthe City of Delray Beacn OutlInes the criteria for designating propenies br sites to the Local Register of Historic Places. It suggests that at least one aiteria from paragraphs (2) or (3) must be met to justify designation. Listed below are the criteria which relate to this property. (2) A building, structure, or site will be deemed to have historical or cultural significance if it meets one or more of the fonowing criteria.: (a) Is associated in a significant way with the tife or a(:tivities of a person important in the City (for example, the homestead of a local founding famil}'). (3) "A building. structuTc; site of district is deem~ tx> have architectural or aesthetic significance if it fulfills on~ or more of the foUowing criteria. " (a) "Portrays the erivironment in an era of history characterized by one or more distinctive architec:ural styles. n 0. (b) "Embodies those distinguishing characteristics of an architeCtural style period, or metbod of construction. .. This building is worthy of being desi.b'TIated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one para.graph of the above criteria be met. . . VL BmLIOGRAPHY AND SOURCES City Building Card records, City of Del ray Beaå\. City of Dekay Beach Tax Records. Defray Beach Design Guidelines, Delray Beach Historic Preservation Board, 1990. Defray News, 1935-1937. Matthew Gracey, Sr., Letter dated May 1 J, 1995 and personal interview, 1995. IflStoñcal Structure Form" Florida Master Site File. '". Samuel Ogren. Jr., .-\rchives of Samuel Ogren. Sr. . VII. PHOTOGRAPHS . _.- -.. -_.+-- IIP'!'I~ ' . 1'1f:' . .; '1,'1;. ,'i .', . ¡:Ilml !i·.~' . ""~. . .' ....., w. eo. - .t."·· ~ -,. " . .-:-: ~. I ~ ~~ .. .." - '.,¿II. "'~..v ~ .. ., ..~" . ~ ---., ......... ..~~.þ.,..4 . I - --.. -.-- , , - ,., . . . 'i',' t \ I' . , \ '/-. I