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04-18-95 Regular · DElRA Y BEACH F l 0 It 0 " CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING bad AII·America City APRIL 18. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 1'111' COMMISSION CHAMBERS The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD) , 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION l. 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 to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. ,. - 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 will 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: None 6. Proclamations: A. Foster Parent Month - May, 1995 7. Presentations: A. RESOLUTION NO. 31-95: A resolution naming the Grill at the Delray Beach Golf Course Clubhouse IIDONALD ROSS" in recognition of his accomplishments as a golf course architect. B. RESOLUTION NO. 32-95: A resolution naming the Lounge at the Delray Beach Golf Course Clubhouse II TOMMY ARMOUR II in recogni- tion of his accomplishments in professional golf. C. RESOLUTION NO. 33-95: A resolution naming the Ballroom at the Delray Beach Golf Course Clubhouse "BETTY JAMESON" in recognition of her accomplishments in professional golf. D. RESOLUTION NO. 34-95: A resolution naming the Multi-Purpose Room at the Delray Beach Golf Course Clubhouse IILOUISE SUGGS" in recognition of her accomplishments in professional golf. 8. Consent Agenda: City Manager recommends approval. A. PARTIAL LANDSCAPE WAIVER/OPEN M.R.I. OF DELRAY: Approve a partial waiver to the provisions of LDR Section 4.6.16(H)(3) (a) to allow the reduction of a five foot landscape strip to three feet, for the Open M.R.I. of Delray, a proposed medical office to be located at the northeast corner of N.W. 1st Street and N.W. 1st Avenue, based upon positive findings. B. PARTIAL LANDSCAPE WAIVER/NORTHERN TRUST BANK: Approve a partial waiver to the provisions of LDR Section 4.6.16(H) (3) (a) to delete required trees from the perimeter landscape buffer -2- . . adjacent to the covered parking for Northern Trust Bank, proposed to be located at the southwest corner of East Atlantic Avenue and Palm Square, based upon positive findings. C. ACCEPTANCE OF IN-LIEU PAYMENT/NORTHERN TRUST BANK: Accept payment of $18,000 in lieu of providing three required parking spaces in conjunction with the Northern Trust Bank project to be located at the southwest corner of East Atlantic Avenue and Palm Square. D. ACCEPTANCE OF EASEMENT DEED/NORTHERN TRUST BANK: Accept an easement deed from Patio Associates Limited Partnership for a twelve foot sanitary sewer easement on the Northern Trust Bank site located at the southwest corner of East Atlantic Avenue and Palm Square. E. FINAL PLAT/DELRAY BEACH MEMORIAL GARDENS PLAT NUMBER 1 : Approve the final plat for Delray Beach Memorial Gardens Plat Number 1, the proposed subdivision of the Phase II improvements for the municipal cemetery. The subject property is located at the southwest corner of S.W. 7th Street and S.W. 8th Avenue. F. RESOLUTION NO. 35-95: Adopt a resolution abandoning a portion of the alley right-of-way lying within Block 1, Osceola Park, located between S.E. 5th Avenue and S.E. 6th Avenue. G. PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL. INC. "FAST BREAK" PROGRAM: Approve the Palm Beach County Private Industry Council's "Fast Break" program providing summer training and job opportunities for disadvantaged youth under Title IIB Work Experience Project. H. AGREEMENT WITH NATIONAL LOAN INVESTORS. INC./CORNICHE PROPERTY REPLAT: Approve an agreement between the City and National Loan Investors, Inc. for a replat of the Corniche property to provide the City with a wider (24 ft. ) access through this property to the MSA parcel to the east, in exchange for the release of outstanding liens. The subject property is located on the east side of U.S. Highway #1, approximately 600 feet south of S.W. 10th Street. I. AGREEMENT WITH FLORIDA POWER & LIGHT TO RELOCATE ELECTRIC DISTRIBUTION FACILITIES/EAST ATLANTIC AVENUE: Approve an agreement with Florida Power & Light for the relocation of existing overhead facilities on East Atlantic Avenue to underground as part of the East Atlantic Avenue Beautification project. Funding in the amount of $103,555.00 is available from 228-4141-572-61.73. J. CODE ENFORCEMENT BOARD RULES: Approve revised Code Enforcement Board Rules to reflect the new ordinances enacted by the Commission which incorporate revised provisions of Florida Statutes Chapter 162. -3- . · K. RATIFICATION OF APPROVAL/POLICY FOR SIDEWALK REPAIR AND CONSTRUCTION: Ratify the April 11, 1995, consensus to formally adopt a City policy for sidewalk repair and construction. L. RATIFICATION OF APPROVAL/POLICY FOR STREET LIGHT INSTALLATION: Ratify the April 11, 1995, consensus to formally adopt a City policy for street light installation. M. CLOSEOUT DEDUCT CHANGE ORDER NO. 2 AND FINAL PAYMENT/JOHNSON- DAVIS. INC. : Approve closeout deduct Change Order No. 2 in the amount of $11,053.10, and final payment in the amount of $12,513.55 to Johnson-Davis, Inc. for the N.E. 3 rd Avenue to Atlantic High School Water Main Extension project, with funding from 440-5179-536-63.58 ($3,013.55) and 448-5411-538-62.33 ($9,500.00) N. CLOSEOUT DEDUCT CHANGE ORDER NO. 1 AND FINAL PAYMENT/TEAM LAND DEVELOPMENT. INC.: Approve closeout deduct Change Order No. 1 in the amount of $27,639.68, and final payment in the amount of $20,370.91 to Team Land Development, Inc. for the Barwick Road and Lake Ida Road 12" Water Main Extension project, with funding from 440-5179-536-63.55 ($5,384.40) , and 63.56 ($14,986.51) . O. FINAL PAYMENT/FIVE STAR CONSTRUCTION: Approve final payment in the amount of $2,466.83 to Five Star Construction for general construction work on the generator enclosure project at City Hall. Funding is available from Account 334-6111-519-62.10 ($465.44) and 334-6112-519-62.10 ($2,001.39) . P. APPOINTMENT OF OUTSIDE COUNSEL: Approve the appointment of outside counsel in the matter of Ann Finney-Lucas vs. the City, et al. Q. AWARD OF BIDS AND CONTRACTS: l. Bid Award - to Siga Incorporated for installation of the irrigation and landscaping in conjunction with the West Atlantic Avenue Beautification project, in the estimated total amount of $292,367. Funding of $186,118 is avail- able from 228-4141-572-61.31, $100,249 from 334-4141-572- 61.31, and $6,000 from 115-0000-248-68.00. The main- tenance portion of $22/386 is to be funded from 119-4144- 572-46.40 in the FY 1996 budget. 2. Bid Award - to Snap Tite Hose, Inc. , via Dade County bid, for purchase of 20 sections of 5" Dura Light Fire Hose, at a total cost of $10,800, with funding from 001-2315-526- 64.35. 3. Bid Award - to Kaiser Pontiac Buick GMC Truck, Inc. for 2 light duty utility "Jimmy" vehicles, via Orange County Bid, for a total cost of $46/597.82, with funding from 501-3312-591-64.20. 9. Regular Agenda: -4- - . A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period April 3 through April 14, 1995. B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/ BANDANA CABANAS: Consider an appeal of the Site Plan Review and Appearance Board's approval of the architectural elevations for a structure for Bandana Cabanas, to be located east of A-I-A approximately 30 feet south of the beach pavilion. C. RESOLUTION NO. 11-95: Consider a resolution authorizing the City to acquire from the Community Redevelopment Agency the Monterey House property located at 20 North Swinton Avenue, and accepting the Contract for Sale and Purchase. D. AMENDMENT TO INTERLOCAL AGREEMENT: Consider an Amended Interlocal Agreement with the Community Redevelopment Agency to show the forgiveness of a portion of the debt owed to the City by the CRA for Tennis Center improvements. E. LEASE AGREEMENT FOR MONTEREY HOUSE PROPERTY: Consider a Lease Agreement with Historic Palm Beach County, Inc. for lease of the Monterey House property and nine (9 ) parking spaces. F. RESOLUTION NO. 37-95: Consider a resolution authorizing the City to enter into an assignable contract for the purchase of the McGraw property located at 306 N.E. 2nd Street, authorizing assignment of the contract, authorizing the City to hold a mortgage on the property 1 and accepting the contracts and agreements stating the terms and conditions for the acquisition, transfer and mortgage. G. RIGHT OF FIRST REFUSAL FOR THE SEACREST PROPERTIES: Consider Right of First Refusal Agreements for a 90 day period to purchase property held by NationsBank and the property owned by Rajesh Patel (Seacrest properties located north of N.R. 22nd Avenue on the west side of Seacrest Boulevard, across from Atlantic High School. H. REOUEST FOR FUNDING/FLORIDA TREND MAGAZINE ADVERTISEMENT: Consider funding request for a full page, four color advertise- ment in the Florida Trend "Regional Spotlight Report". Produc- tion and creative costs will be paid by the Community Redevel- opment Agency. Placement costs will be shared by the Chamber of Commerce. The City's share is $3,8851 with funding from 001-1111-511-49.10. I. CONTRACT ADDITION (NO. l)/SULLIVAN BROTHERS. INC. : Consider a Contract Addition (No. 1) to Sullivan Brothers, Inc. for an 8" water main interconnect between S.W. 8th and 9th Avenues in conjunction with the S.W. 9th Avenue Road Reconstruction project, with funding in the amount of $16,035.00 from 442-5178-536-61.78, through budget transfer from 442-5178-536- 46.90. -5- . · J. RESOLUTION NO. 36-95: Consider a resolution in support of locating a Convention Center in South Palm Beach County. K. DIRECTION ON PUBLICLY OWNED MOBILE DREDGE: Provide direction for a response to the Palm Beach Countywide Beaches and Shores Council concerning interest in the joint purchase and operation of a dredge for beach nourishment purposes throughout the county. L. RESOLUTION NO. 28-95/APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint a member to the Affordable Housing Advisory Committee (contractor position) for a two year term ending March 31, 1997. Commissioner Randolph's appointment. M. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Consider the ratification of three appointments to the Kids and Cops Committee for two year terms ending April 22, 1997. 10. Public Hearings: A. ORDINANCE NO. 20-95: Second Public Hearing for an ordinance which amends Section 4.4.3(C)(2) of the Land Development Regulations to allow home occupations as a permitted accessory use within all of the R-1 (Single Family) zoning districts. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager1s response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- 0 · - CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 18. 1995 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: MOVE ITEM 8·9·1. PROM THE CONSENT AGENDA TO ITEM 9. N. ON THE REGULAR AGENDA. MODIFIED TO READ: Consider bid award to Regal Contractors, Inc. , third low bidder, in the amount of $305,975.46 for installation of irrigation and landscaping in conjunction with the West Atlantic Avenue Beautification project. Funding of $186,118 is available from 228-4141-572-61.31, $127,350 from 334-4141- 572-61.31, and $6,000 from 115-0000-248-68.00. The maintenance portion of $18,000 is to be funded from 119-4144- 572-46.40 in the FY 1996 budget. ADD ITEM 9.0. TO THE REGULAR AGENDA: Consider a Sidewalk Construction Agreement between the City and affected property owners, to be used in conjunction with the construction of sidewalks as part of the East Atlantic Avenue Beautification project. ADD ITEM 9.P. TO THE REGULAR AGENDA: Consider approval for Donna Summer Concert on Sunday, May 14, 1995, at the Tennis Stadium. . OK ~ WHEREAS, the future of Delray Beach, Palm Beach County, the State of Floridal and the Nation depends on the well-being and development of today's children; and, WHEREAS, in recognition of the fact that in Palm Beach County there are innocent foster children who have been deprived of a normal home environment where love, shelter and a sense of belonging is evident; and, WHEREAS 1 in recognition of the fact that foster parents provide many of these foster children with family values which help to prepare them for responsible adulthood; and, WHEREAS, in recognition of the fact that foster children's needs can only be met by a cooperative effort of all concerned citizensl governmental and private agencies and legislators interested in the future of all children. NOW, THEREFORE, I, THOMAS E. LYNCH 1 Mayor of the City of Delray Beachl Floridal on behalf of the City Commission, do hereby proclaim May, 1995 as FOSTER PARENT MONTH in Delray Beach, Floridal and urge all residents to volunteer their talents and energies on behalf of foster children and to recognize the vital role played by foster parents in enabling these children to develop into mature, responsible and productive adults. 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 18th day of April, 1995. MAYOR THOMAS E. LYNCH SEAL fo·A· . 0, M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i 7A-1) - MEETING OF APRIL 18. 19~5 RESOLUTION NOS. 31-95 THROUGH 34-95 NAMING ROOMS AT THE GOLF COURSE CLUBHOUSE DATE: APRIL 14, 1995 Resolution Nos. 31-95 through 34-95 are before the Commission for formal approval and adoption. At the April 11th workshop, it was the consensus of the Commission to support these resolutions naming certain rooms at the Golf Course Clubhouse in honor of the following individuals: Donald Ross Grill (Resolution No. 31-95) Tommy Armour Lounge (Resolution No. 32-95) Betty Jameson Ballroom (Resolution No. 33-95) Louise Suggs Multi-Purpose Room (Resolution No. 34-95) It is expected that Ms. Jameson and Ms. Suggs will be present at Tuesday1s meeting. Mr. Dubin will accept the resolutions recognizing Mr. Ross and Mr. Armour. Recommend formal adoption of Resolution Nos. 31-95, 32-95, 33-95 and 34-95, followed by the appropriate presentation. ref:agmemo12 . . RESOLUTION NO. 31-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE GRILL AT THE DELRAY BEACH GOLF COURSE CLUBHOUSE, 2200 HIGHLAND AVENUE, "DONALD ROSS" IN RECOGNITION OF HIS ACCOMPLISHMENTS AS A GOLF COURSE ARCHITECT. WHEREAS, Donald James Ross, one of Scotland's most celebrated twentieth century architects, designed some 600 to 700 golf courses around the world; and WHEREAS, Mr. Ross designed the first nine hole (the old front nine) of the Delray Beach Golf Club in 1923; and WHEREAS, it is appropriate that his accomplishments in golf course design, especially at the Delray Beach Golf Club, be recognized, acclaimed and permanently recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delray Beach, Florida, in recognition of his work on behalf of the City of Delray Beach, does hereby name the Grill at the Delray Beach Golf Course Clubhouse, "DONALD ROSS", and said room in said building shall hereafter be known as same. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this 18th day of April, 1995. MAYOR ATTEST: City Clerk Res. No. 31-95 . . RESOLUTION NO. 32-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, NAMING THE LOUNGE AT THE DELRAY BEACH GOLF COURSE CLUBHOUSE, 2200 HIGHLAND AVENUE, "TOMMY ARMOUR II IN RECOGNITION OF HIS ACCOMPLISHMENTS IN PROFESSIONAL GOLF. WHEREAS, Thomas Dickson Armour, born in 1924 in Edinburgh, Scotland, became a naturalized citizen of the United States, and lived in Delray Beach for many years until his death in 1968; and WHEREAS, Mr. Armour established himself as a premier player, teacher and legend of the game of golf, and was inducted into the Golf Hall of Fame in 1941; and WHEREAS, he served as a professional at the Boca Raton Hotel and Club, Congressional Country Club, Tam 0' Shanter in Detroit, Medinah Country Club, and the Delray Beach Golf Club; and WHEREAS, Tommy Armour was uniquely responsible for the great popularity of golf in America; and WHEREAS, he was a champion drinker; and WHEREAS, his drinking chair, "The Throne", was housed at the Delray Beach Golf Club; and WHEREAS, in view of his long term relationship with the Delray Beach Golf Club as both a player and professional instructor, it is appropriate that Tommy Armour's contributions be recognized, acclaimed and permanently recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delray Beach, Florida, in recognition of his many accomplishments and the friendship given to the Delray Beach Golf Club, does hereby name the Lounge at the Delray Beach Golf Course Clubhouse, "TOMMY ARMOUR", and said room in said building shall hereafter be known as same. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this 18th day of April, 1995. ATTEST: MAYOR City Clerk Res. No. 32-95 . . RESOLUTION NO. 33-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE BALLROOM AT THE DELRAY BEACH GOLF COURSE CLUBHOUSE, 2200 HIGHLAND AVENUE, "BETTY JAMESON" IN RECOGNITION OF HER ACCOMPLISHMENTS IN PROFESSIONAL GOLF. WHEREAS, Elizabeth May Jameson amassed a brilliant amateur golfing record, winning fourteen significant championships; and WHEREAS, Ms. Jameson is a Founder and Charter Member of the Ladies Professional Golf Association (LPGA) ; and WHEREAS, Betty Jameson is one of four original inductees into the LPGA Hall of Fame in 1951; and WHEREAS, in view of her long term relationship with the Delray Beach Golf as both a player and professional instruction, it is appropriate that Betty Jameson's contributions be recognized, acclaimed and permanently recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That the City Commission of the City of Delray Beach, Florida, in recognition of her many accomplishments and the friendship given to the Delray Beach Golf Club, does hereby name the Ballroom at the Delray Beach Golf Course Clubhouse, "BETTY JAMESON" , and said room in said building shall hereafter be known as same. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this 18th day of April, 1995. MAYOR ATTEST: City Clerk Res. No. 33-95 . . . RESOLUTION NO. 34-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE MULTI-PURPOSE ROOM AT THE DELRAY BEACH GOLF COURSE CLUBHOUSE, 2200 HIGHLAND AVENUE, "LOUISE SUGGS" IN RECOGNITION OF HER ACCOMPLISHMENTS IN PROFESSIONAL GOLF. WHEREAS, Mae Louise Suggs amassed a brilliant amateur golfing record, having won the Georgia State Amateur Championship, the Southern Amateur, three-time winner of the North/South, two-time winner of the Western Amateur and the Western Open, the Titleholders, the U.S. Women's Amateur and the British Amateur; and, WHEREAS, Ms. Suggs is a Founder and Charter Member of the Ladies Professional Golf Association (LPGA) ; and WHEREAS, Louise Suggs was the first woman elected to the LPGA Hall of Fame in 1951, and was one of the four original inductees; and WHEREAS, she is the holder of 50 LPGA Championships, eight of which are major golf titles; and WHEREAS, she served as LPGA President three times; and WHEREAS, Louise Suggs captured the 1957 Vare Trophy for lowest scoring average on the LPGA Tour; and WHEREAS, she was nicknamed "Miss Sluggs" by Bob Hope; and WHEREAS, in view of her long term relationship with the Delray Beach Golf Club as both a player and professional instructor, it is appropriate that Mae Louise Suggs' contributions be recognized, acclaimed and permanently recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delray Beach, Florida, in recognition of her many accomplishments and the friendship given to the Delray Beach Golf Club, does hereby name the Multi-Purpose Room at the Delray Beach Golf Course Clubhouse, "LOUISE SUGGS", and said room in said building shall hereafter be known as same. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this 18th day of April, 1995. ATTEST: MAYOR City Clerk Res. No. 34-95 . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # g.,L] . - MEETING OF APRIL 18, 1995 PARTIAL LANDSCAPE WAIVER/OPEN M.R.I. OF DELRAY DATE: APRIL 14, 1995 This is before the Commission to approve a partial landscape waiver of LDR Section 4.6.16(H) (3) (a) for the Open M.R.I. of DelraYI a proposed medical office to be located at the northeast corner of N.W. 1st Street and N.W. 1st Avenue. The code requires a five foot landscape strip along property lines which abut rights-of-way. In this instance 1 a three foot landscape strip is provided along the east property line. The Historic Preservation Board formally reviewed this item at its meeting of April 5, 1995, and did not support the waiver as initially presented. However 1 the Board stated they would support the waiver if the applicant and the City Horticulturist agreed to substitute different plant material which could be accommodated within the three foot area. The applicant met with the Ms. Davila and 1 based on her recommendations, the proposed trees within the three foot area will be changed from Mahoganies and Live Oaks to Sabal Palms. Recommend approval of the request to waive the requirement within Section 4.6.16(H) (3) (a) to allow for the reduction of the five foot landscape area to three feet 1 adjacent to the north/south alley of the subject property, based on positive findings pursuant to LDR Section 2.4.7(B) (5). . . l~-« ( (c( C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: & ZONING FROM: SUBJECT: MEETING OF APRIL 18, 1995 CONSIDERATION OF A WAIVER TO PERIMETER LANDSCAPE REQUIREMENTS FOR THE OPEN M.R.I. OF DELRA Y **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a landscape waiver request associated with the development of a medical office. The project is to be located on the northeast corner of N.W. 1st Avenue and N.W. 1st Street. This waiver request is being processed pursuant to LDR Section 4.6.16(C)(2). B A C K G R 0 U N D: In February, 1995, plans were submitted to develop a MRI (Magnetic Resonance Imaging) and medical office facility at the subject site to be known as Open M.R.I. of Delray Beach. During review of the site plan and landscape plan it was noted that a required 5' landscape strip was not being provided along the eastern property line. Pursuant to LDR Section 4.6.16(H)(3)(a), a 5 ' landscaped strip is required while 3' is provided. While it was determined that the 3 ' is not sufficient to support the proposed landscape materials, appropriate modification to the materials have been made. R E QUI RED FIN DIN G S . . Prior to granting a waiver, the granting body shall make a finding that the granting of the waiver: . · City Commission Documentation Open M.R.I. Landscape Waiver Page 2 A) Shall not adversely affect the neighboring area. North of the subject property is a vacant lot, east is an attorney's office which provides a landscape buffer along the alley, and south is the N.W. 1st Street right-of-way. The landscape area in question will only affect the medical office site and not the neighboring area. B) Shall not significantly diminish the provision of public facilities. Public facilities within the surrounding area are provided within the adjacent alley and the N.W. 1st Street right-of-way. As no public facilities are accommodated within the landscaped area, no public facilities will be diminished. C) Shall not create an unsafe situation. The landscaped area will not affect the site in a way that an unsafe situation is created. D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. No special privilege is being granted in that similar waivers of this sort are reviewed on a case by case basis. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed this item at its meeting of April 5, 1995 and did not support the waiver as initially presented. However, the Board stated that they would support the waiver if the applicant and City's Horticulturist agreed to substitute different plant material which could be accommodated within the 3' area. The applicant has met with the City's Horticulturist, and based upon her recommendations, the proposed trees within the 3' area will be changed from Mahoganies and Live Oaks to Sabal Palms. R E COM MEN D E D ACT ION: By motion, approve the request to waive the requirement within LDR Section 4.6.16(H)(3)(a), to allow for the reduction of the 5' landscape area to 3' , adjacent to the north/south alley of the subject property, based upon positive findings to LDR Section 2.4.7(B)(2)(5). Attachment: * Location Map & Reduced Landscape Plan Y:MRILSCC.DOC " , " . . 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M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ1l1 SUBJECT: AGENDA ITEM i g·8. - MEETING OF APRIL 18, 1995 PARTIAL LANDSCAPE WAIVER/NORTHERN TRUST BANK DATE: APRIL 14, 1995 This is before the Commission to approve a partial landscape waiver of LDR Section 4.6.16(H)(3)(a) for the proposed Northern Trust Bank development to be located at the southwest corner of East Atlantic Avenue and Palm Square. The code requires trees with a maximum 30 foot spacing in the required landscape buffer between vehicular use areas and rights-of-way. In this instance, the applicant proposes a covered parking area west of the Palm Square right-of-way. While the required five foot landscape buffer with continuous hedge is provided, the trees cannot be accommodated due to the encroachment of the canopy structure. Trellises planed with Jasmine vines will be attached to arched openings on the parking structure in lieu of the required trees. The Historic Preservation Board formally reviewed this item on March 15, 1995, and voted unanimously to recommend that the waiver request be approved. Recommend approval of a partial waiver to LDR Section 4.6.16(H)(3)(a) to delete required trees from the perimeter landscape buffer adjacent to the covered parking for the Northern Trust Bank development, based on positive findings pursuant to LDR Section 2.4.7(B)(5). ref:agmemo13 . . (f\ r;.c I CITY COMMISSION DOCUMENTATION TO: DAVID 1. HARDEN, CITY MANAGER THRU: D.~~IRECTOR ~MENT F PLANNING AND ZONING p~~. - FROM: EF S,PLANNER SUBJECT: MEETING OF APRIL 18, 1995 ***CONSENT AGENDA*** LANDSCAPE WAIVER FOR THE NORTHERN TRUST BANK. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a waiver of LOR Section 4.6.16(H)(3)(a), requiring trees with a maximum 30 foot spacing in the required buffer between a vehicular use area and an adjacent right-of-way. The subject property is the Northern Trust Bank, proposed at the southwest corner of E. Atlantic Avenue and Palm Square. BACKGROUND: The subject property is a vacant parcel that formerly contained a restaurant with an associated parking lot and a single family residence. The current proposal is a two- story 10,791 square foot office structure, housing the Northern Trust Bank (first floor) and tenant space (second floor). Pursuant to LOR Section 4.6.16(H)(3)(a), a five foot landscape buffer with a continuous hedge and a shade tree every 30 linear feet is required between vehicular use areas and rights-of-way. The applicant proposes a covered parking area west of the Palm Square right-of-way. While a five foot perimeter landscape buffer containing the required hedge is proposed, provision of trees cannot be accommodated due to the encroachment of the canopy structure. Trellises planted with Jasmine vines will be attached to arched openings on the parking structure in lieu of the required trees. REQUIRED FINDINGS: Per LOR Section 2.4.7(B)(5), the body approving a waiver must make findings that granting the waiver: . , City Commission Documentation Landscape Waiver - Northern Trust Bank Page 2 a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; or d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City Commission can make the required findings, pursuant to the following: a) The parking area to be screened by the landscape area in question is partially enclosed under a canopy. The required hedge and trellises with vines will meet the intent of the code by screening the parking area to prevent any adverse effects on surrounding properties. b&c) The waivers affect aesthetic issues only and will not have an impact on public facilities or public safety. d) The proposed landscape area meets the minimum five foot width requirement. The waiver affects only the plant materials in the buffer. Waivers of this type have been commonly granted to accommodate unique site characteristics. The applicant would be granted no special privilege or advantage from the waiver that is not available to any other property owner in similar circumstances. HISTORIC PRESERVATION BOARD CONSIDERATION: HPB considered this item at its meeting of March 15, 1995. The Board unanimously voted to approve, with conditions, COA #8-243, including the site plan, landscape plan, and design elements for the Northern Trust, and to recommend approval of a waiver to LOR Section 4.6.16(H)(3)(a). RECOMMENDED ACTION: By motion, approve a waiver to LOR Section 4.6.16(H)(3)(a), to delete required trees from the required perimeter landscape buffer adjacent to the covered parking for the Northern Trust, based on positive findings with respect to LOR Section 2.4.7(B)(5). Attachments: 0 Location Map 0 Landscape Plan 0 Waiver Request Letter . . (. ( I I - .,j fjl I , rr I-- :Z , = I 2ND ST. I I - ..-- - - - f---- , I - 0 0 r - 0 z Z f---- - < - ::J ::J >-- ~ 0 0 0 '--- - - m m r N.t:. 1:>1 ... - F F r--- - <;( :;, :J IX: r-- - ~ -~ - 0 0 S oct If) z I Hi- I~ 0:::' W LOWRY 151 ST. f-. ~ ¡-- - - :t - <;( -0... '" ,... ""......... " ~ 0.... '" Ó - 0 VETE'R ANS S z - - Z t-................... >= ->= ~CJ PARK "'" III ~ N I- I ~ 1:1 r--- '-- iii ŒJimnm~ []] IT ~.". -~ ~ îITT ATLANTIC , AVENUE 7 IT] omn []]]]J ([]] T 11 II I I , , - - I--- I--- I-- -J - r---- - I--- I-- " I - I-- <;( oct f-. - - w ~ -~ - - > C/) I « « a: -----i 0 - - - ~ I I -- <;( , I 1ST 51. J II 0 I I I I f u ;r: :r i 10 (Q <;( a..: - I--- 0 0:::' < I--- r---- I--- - f-. .- - - ¡J W - - Z cti en - - - I 1- - - I _ L.....- J INGRAHAM lNl> ~T._ ~[[ I I - I--- - - .... I--- - - - ~ - I-- I-- - - ...., I... ==- , I N A 51~ N - NORTHERN TRUST BANK PlANNINC OEPAR11ÆNT ClIY or DD.RA Y BEAa1. Fl -- {)f(;ffA! 8AS~ UAP SYSTEM -- . . \:' ( j j j .. .. '/-'(-/~' i ~ I r » , z I 0 en , 0 I » I I "'tJ I I m , "'tJ I ! ï . , » I z r , I I ~ r , '! I ~ ~ , I , I , ,... Ii '1 ! i I ~ 1 ' t "õ I ! E » , . H \) F I i " ~,= E ~!! ;. ]S I ~ -. c ¡ c:::. » I i' / "\ . f\\ :Dlj 'fU Iifj',¡ I " ~ I fUI i I I , I , I u. , I II L--_________:+__ ~----------------- I ~ ~ EAST ATLANTIC AVE . . Ii I . . -~ ( ( DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CHARTERED ARCHITECTS . PLANNERS . INTERIOR DESIGNERS 13 February 1995 Mr. Jeff Perkins Planner City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Northern Trust - Site Plan and Conditional Use Dear Jeff, In reply to your memorandum of 31 January 1995, we are requesting and clarifying the following: We request a reduction of the additional right-of-way width of 60' in accordance with the L.D.R. Section 5.3.1 (D)(2) for it to remain at the present 40' pursuant to L.D.R. Section 5.3.1 (D)(4). We feel that to comply this requirement would destroy the ambiance of the neighborhood, and in particular if the extra width were taken from the residences to the south of this project, it would have a devastating impact on the area. Furthermore, to take 10' from this site along the east boundary would destroy the site for development. There are 32 parking spaces on the revised layout, consisting of 2 handicapped spaces, 32 standard spaces, and 4 compact spaces. Our client will take his one time allowance of 1 space towards to require number 36 spaces making it 35 spaces, and will pay the fee lieu of the required 3 spaces. Lastly, we are requesting a waiver from the City Commission from the buffer requirement of hedge and trees along the eastern boundary where the covered parking is proposed, which is a building hence it could be zero setback. We are providing trellises as can be seen on the site plan and east elevation. We will clarify all the other items of your memorandum in a further letter. ~~~æ~WIElD) )jii"L~';:',^~ ~ ;,"'I¡tAt~';'¿'-""" f\ \ ¡;;;¡ "" f7;: ~ 21 \995 PLAr'H~¡NCì & ZONING 124 N,E, Fifth Avcnue, Delray Beach, Florida 33483 407/278-\388 Palm Beach: 736-5866 Fax: 407/278-784\ 1)(:1\ ."IWOOX~~H \1\1 II:\ROOO'J(~O I)ß\I,"" ifA:\¡:nooxO(J " ' . · , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~,~.- MEETING OF APRIL 18, 1995 ACCEPT PAYMENT OF FEE IN-LIEU OF THREE REQUIRED PARKING SPACES/NORTHERN TRUST BANK DATE: APRIL 14, 1995 This is before the Commission to accept payment of an $18,000 fee, in-lieu of providing three required parking spaces for the proposed Northern Trust Bank, to be located at the southwest corner of East Atlantic Avenue and Palm Square. A 32 space parking lot is proposed at the rear of the site. At the required parking rate of one space per 300 square feet of floor area, 35 spaces are required. Pursuant to LDR Section 4.4.13 (G) (1) (c), developments in the Central Business District may, with Commission approval, pay a fee of $6,000 per space in-lieu of required parking. In order to meet parking require- ments the applicant is petitioning the Commission for approval of payment of the fee, in-lieu of three required parking spaces. The subj ect property is in a location where public parking is readily available, on Atlantic Avenue 1 in the blocks to the east and west, and Veteran's Park. Given the limited parking requirements of the subject site and the availability of nearby public parking, use of the in-lieu fee is appropriate. Recommend approval and acceptance of payment of $18,000 in-lieu of three required parking spaces for Northern Trust Bank. r ., '/{ L/ í~ 1 CITY COMMISSION DOCUMENTATION TO: DAVID T HARDEN, CITY MANAGER ~~ - THRU: DIANE DOMING~Zb~TOR DEPARTMENT OF PZG AND ZONING %~/, ~ . FROM: F E INS, PLANNER SUBJECT: MEETING OF APRIL 18, 1995 ***CONSENT AGENDA*** APPROVAL OF PAYMENT OF A $18.000 FEE. IN-LlEU-OF THREE REQUIRED PARKING SPACES FOR THE NORTHERN TRUST ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of payment of $18,000 in-lieu of providing 3 required parking spaces for the construction of a bank and office structure in the CBD (Central Business District), pursuant to LDR Section 4.4.13(G)(1)(c). The subject property is a vacant parcel (former Patio Delray Restaurant Site), located at the southwest corner of E. Atlantic Avenue and Palm Square. BACKGROUND: The subject property is a vacant parcel that formerly contained a restaurant with an associated parking lot and a single family residence. The Commission granted conditional use approval for a two-story, 10,791 square foot office structure, housing the Northern Trust Bank (first floor) and tenant space (second floor) at its meeting of March 7, 1995. The Historic Preservation Board unanimously approved, with conditions, Certificate of Appropriateness # 8-243 and recommended approval of the in-lieu fee at its meeting of March 15, 1995. ANAL YSIS: A 32 space parking lot is proposed to the rear of the site. At the required parking rate of one space per 300 square feet of floor area, 35 spaces are required. Pursuant to LDR Section 4.4.13(G)(1 )(c), developments in the CBD may, with City Commission .' . City Commission Documentation In-lieu-of fee - Northern Trust Bank Page 2 approval, pay a fee of $6,000 per space in-lieu-of required parking. In order to meet parking requirements the applicant is petitioning the Commission for approval of payment of the fee, in-lieu-of three required parking spaces. The subject property is in a location where public parking is readily available. On- street parking is available in the Atlantic Avenue right-of-way, both adjacent to the site and in the blocks to the east and west Public parking is also available in the Veteran's Park parking lot The $18,000 in-lieu fee would help to further enhance parking in the CBD. Additionally, the bank has a select clientele, which should minimize the parking demand from the site, thus limiting the potential impact of the site on existing parking lots. Given the limited parking requirements of the subject site and the availability of nearby public parking, use of the in-lieu fee is appropriate. RECOMMENDED ACTION: By motion, approve, acceptance of payment of $18,000 in-lieu of three required parking spaces for the Northern Trust Bank. Attachments: Q Location Map Q Site Plan " , . , ( ( q¡ I ~ w ~I I "" T I-- Z - I , = 2ND ST. - - , I - c c r - 0 z Z I--- - '" - :::I :::I >- ~ i~1 - 0 0 it!, IX) IX) N.E. 1 ,- 1M - ~ ~ <:( :J P=!1 I~ ~ II ::> ~ ~ - -- 0 0 oCt If) z rm IÞl 0::" - lJJ LOWR'1 151 ST. I-- ~ >--- - - - <:( ~' 1:1 I,... r--.."'" Iii - Ó e--- I~ VET£R ANS ~ 10... " z "-- 1:'-.."'" ~ '---- ~ ""-""- III ~ú PARK "-'" N ::r: t-- J: .,.J 1:1 I--- ffiTIiHÎIIillô~ []] IT >--- II: II ~"\J' >--- ~ rm III ç ~ I ATLANTIC Ii AVENUE ~ [] omn [IJ]]J (ill íT IIII I I , , .--- - I--- I--- I--- -J ~ e-- I--- I--- AJ I-- f--- <:( oCt I-- ,~ I--- - ~ ~ -~ - - C/) I i~ « a:: f---; 0 - - ~ -- ~ <:( j u1 1ST SI. j j II 0 , I , ( U ;r: :I U") <:( 10. '--- 'U 0::" :~ I-- - - I--- I--- - tJ tJ I--- I-- 2: (I) (I) I--- I-- - ,- I--- t-- J '"-- i-.-- I INCRAHAU 2,ND .-2'- I --L LL 'L - r-- r-- F I--- - - T - I--- I--- - 1------1 - ~ I--- - I--- I--- - - I--- - IlL sl~ J N A N - NORTHERN TRUST BANK PlANN~C OEPARrYENT C1 N or DIJ.RA Y 1I£A01. Fl -- lJiClTAL BAS~ UAP ~ -- . - ( ( , wi,. 100.00' _ ~ ~ q -={ c¡ -o- M I Ii'" , i ! ¡g I ~ ; II : I I ~ I .. I ~ ~ I '. ~ TO . I' 'I .., j' ~ ~ ! r , I I 24'0· 6'0· 3210" I I ' I I ! I -~ , ò I' ~8 ~~ II N a ~ .. c¡ ~ ' > ~~ ~ >!S rt~ ~~ ., ~~. ; ~~ -~ ±~~ u=_ 19- I ::: ~ I Õ .... "'ü I . _.: þ' . ~ r I ~ ~, Ò" Cfj I ... (!)' cl »' 711 m, I , I I ! , I I " I '" , ~ I , I ~EÐ ! h :;! I It' C ' g ~ I ¡;¡ .... I " ..!.-- -------- --- ct -- -- ---- ---- ------ I EAST ATLANTIC A \IE , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER lfl11 SUBJECT: AGENDA ITEM # g·D· - MEETING OF APRIL 18, 1995 ACCEPTANCE OF 12 FOOT SANITARY SEWER EASEMENT/NORTHERN TRUST BANK SITE: DATE: APRIL 14, 1995 This is before the Commission to accept a 12 foot sanitary sewer easement for the proposed Northern Trust Bank site, at the southwest corner of East Atlantic Avenue and Palm Square. The Commission granted conditional use approval for the Northern Trust Bank project on March 7, 1995. During review of the development proposal, staff identified on-site utilities not covered by easements, including a six inch sanitary sewer main running east-west across the property. An easement is required for maintenance purposes. The easement deed has been approved by the City Attorney1s office. Recommend acceptance of the easement deed to cover the City1s sanitary sewer main on the proposed Northern Trust Bank site. .' ·, ~/I\ , (1t ··1 CITY COMMISSION DOCUMENTATION TO: DAVID 1. HARDEN, CITY MANAGER THRU: DI.~ECTOR DE~ RT OF ~/AN~ ZONING ~ r~ FROM: KINS, PLANNER SUBJECT: MEETING OF APRIL 18, 1995 "'**CONSENT AGENDA*** ACCEPTANCE OF A 12 FOOT SANITARY SEWER EASEMENT FOR THE NORTHERN TRUST SITE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is acceptance of a 12 foot sanitary sewer easement for the proposed Northern Trust site. The subject property is a vacant parcel (former Patio Delray Restaurant Site), located at the southwest corner of Atlantic Avenue and Palm Square. BACKGROUND: The subject property is a vacant parcel that formerly contained a restaurant, with an associated parking lot and a single family residence. The Commission granted conditional use approval for a two-story, 10,791 square foot office structure, housing the Northern Trust Bank (first floor) and tenant space (second floor) at its meeting of March 7, 1995. The Historic Preservation Board unanimously approved, with conditions, Certificate of Appropriateness # 8-243 and recommended approval of the in-lieu fee at its meeting of March 15, 1995. During review of the development proposal, staff identified on site utilities that are not covered by easements. These include a 6 inch sanitary sewer main running east- west across the property approximately 140 feet south of Atlantic Avenue. In order to maintain the existing sewer main, an easement is required. The applicant has submitted an easement deed to cover the facilities and the easement has been approved by the City Attorney's Office. Overhead power, telephone, and cable TV lines also exist on the site and easements for those facilities are being provided to the individual utility providers. . . City Commission Documentation Acceptance of a Sanitary Sewer Easement - Northern Trust Bank Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The P &Z Board is not required to consider the acceptance of utility easements. RECOMMENDED ACTION: By motion, accept the sanitary sewer easement to cover the City's sanitary sewer main located on the southwest corner of E. Atlantic Avenue and Palm Square. Attachments: 0 Location Map 0 Easement Deed 0 Survey 0 Site Plan showing Easement Location . . ( ( '1 - tJ ,..,., I ',-- 1 - ::i. tz' I I 1 2ND ST. - fI: - - ¡--- .,- f--- 0 0 r I- Q Z Z '<' r--- :::J :::J >- 191, f--- 0 0 ~f m m r---- tJ.E 1 III - F F « ::I :J I-- "-- 0:: ~ - ~ . - 0 0 3: .c( If) Z I-- "-- h - rm 0:::" '--TSlL-- lLJ LOWRY ST. I- ~ 4 - ~ - - L-- « ........"" ,... - "-"- ~ ó - 0 VETE"R ANS 3: -"- "- z - z ~" >= >= f--- ~CJ PARK ~ ILl ::J: - ::J:--- - ~ ~ - .1--- - -iii ~~o]I ¡j~ -~ <? TIT~ , , ATLANTIC .r AVENUE 1 []] DIIJ] [I]]] (ill T II ' , =~ ~ c=: ---- f-- --- - -1 r--- i-- N I r--- « - 4 I--- i-- .c( I- r.J --- W f--- ~ I-- f--- > > C/) r- oe:( « cr I-- I-- Q I-- i-- j '--- L....- -') « J J J 1ST ~1._ 0 j - I---- - - I !!J u 2: - - - ~ I;t: J: 1/1 :I « ~ - ,u 0:::" .~ - - I- W r--- i-- W 2: - ui I--- I--- en - - '--- --- I--- - I--- I ' I ~ i..--- ~'-- J INGRAHAM 2.ND S. ......-. ....--- !L I I' - - - - - ~ - - - .... - - - - ~ - I-- I--- I-- I--- II. - i-- l- sle I-- I-- I--- I--- N A N - NORTHERN TRUST BANK PLANNING DEPARIloIEHT C1 N or DElJIA Y B£A01. A. -- OIctrA! BAS£ IIAP S't'STEM -- " . . . . . . ( ( This instrument prepared by and return to: Arthur J. Menor, Esquire SHUTTS & BOWEN 250 Australian Avenue South Suite 500 West Palm Beach, Florida 33401 Property Control No. EASEMENT DEED THIS INDENTURE, made this g.1~ day of ~ CU'eh , 1995, by and between PATIO ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership ("Grantor"), having an address at c/o Love Realty, P.O. Box 28, Gedney Station, White Plains, New York 10605, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, State of Florida ("Grantee"), having an address at 100 N.W. 1st Avenue, Delray Beach, Florida 33433: WITNESSETH: That Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable considerations to it in hand paid Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and release unto Grantee, its successors and assigns, a right of way and perpetual easement for the purpose of construction and continued operation, maintenance, repair, alteration, inspection, and replacement of any and all water and sewer lines, with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water and sewer lines under, across, through, and upon, over, under, or within the following described property located in Palm Beach County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO (the "Easement Parcel"). Concomitant and coextensive with this right is the further right in Grantee, its successors and assigns, of ingress and egress over and on that portion of the land described above, to effect the purposes of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That Grantor agrees to provide for the release of any and all mortgages or liens encumbering this Easement. Except as otherwise provided in this Easement, Grantor also agrees to erect no building or effect any other kinds of construction or improvements upon the Easement Parcel. Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claiming 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 allows or permits, the same shall include the successors or assigns of the parties. SUBJECT HOWEVER, to the following reservations, restrictions, and agreements: 1. Grantor reserves unto itself the right and privilege to use and occupy and to grant to others the right to use and occupy the surface and sub-surface of, and the airspace over, the Easement Parcel, for such uses and purposes which shall not be inconsistent with the easement described in this instrument. Such uses and purposes shall include, but shall not be limited to, the right to landscape, pave, and to place personal property in, the Easement Parcel, including, but not limited to, sprinkler systems and other equipment. In the event that Grantee, its licensees, agents, successors, or assigns, in any manner, disrupts, interferes with, or causes any damage whatsoever to any such landscaping, paving, or personal property, then Grantee shall use its best efforts to promptly replace or repair such landscaping, paving, or personal property. Should Grantee fail to comply with its obligations to replace or repair in a prompt manner and as otherwise set forth above, Grantor may make such replacements or repairs and Grantee shall promptly reimburse Grantor for all reasonable costs and expenses incurred in connection therewith. 2. The rights granted herein shall be exercised by Grantee at all times in a reasonable manner and without undue interference with the use and occupancy of the lands covered by or abutting the Easement Parcel. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESSES: PATIO ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: DEL RAY ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited j~v partnership, genera; (9;::: partner .--. ! I S. A,-Pl!:R.. r / By: (Print or type~~ . urton Han elsman ~~ ~L4~ General Partner HrT¡(II~--'1) ~ ¡LH/t'¡ (Print ~r type name) -2- .' ¡ EXHIBIT "A" . . \ ( ( O'BRIEN, SUITER & O'BRIEN1 INC. Land Surveyors 2601 N. rEOERAl UICUWAY DElRAY 276·"501 OElRAY 8EACH. rlORIDA 33,(83 BOYNTON 732-3279 February 21, 1995 DESCRIPTION FOR EASEMENT The South 6.0 feet of the following: Beginning at a point on the South side of Atlantic Avenue 15 feet East from the East line of Bay Street; thence East along the South line of Atlantic Avenue 125 feet; thence South along the West line of Palm Avenue 138.6 feet; thence West 125 feet to a point opposite the point of beginning; thence North 138.6 feet to the point of beginning. Said tract being also described as Lots 4, 5, 6, 1 and 8 of an unrecorded plat of Palm Square, a subdivision of Blocks 125 and 133 of the City of Delray Beach (formerly Linton), Florida, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 3, less the North 1 feet thereof. Together with the 'North 6.b feet of the fòt'towing: Beginning 138.6 feet South of Atlantic Avenue on the East side of Bay Street; thence East 100 feet to the point of beginning; thence East 100 feet; thence South 15 feet; thence West 100 reet; thence North 15 feet to the point of beginning. Said tract being also described as Lots 44, 45 and 46, or an unrecorded plat of Palm Square (formerly Linton), Florida, as per plat thereof on rilê in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 3. 1 Order No. 11-833 . ~_.;', ..".,"t".'.~')~~~.*': :.'~~ "~~ :~'..;":" . !"~.''-' ,'~' .._...... ~. ,,, ~~ (;V~~J/Y/7 /Y/Ø /t? /f/P/ð 7i"HlJ· / 7AY, 't?/~/yj;( 7.L1T' .-L5//3' ~ ~ ~ ¡ff "- 'ó§:t'" é6~"'/ ," . ~ ~ ~/¥/.AÞ'd'"p Ø'.. ' ", '::. ~ ~ ~~\. ~' ~~ ~~ - '1iI ~ ~~ !?~ ~~\(,~ '\. ,'-~~ - - .-./ 'ti <::5- I C> ,01 ~ ~<:s,s. qO "0 ~~ \ ~ ~~ ~ ~ ~~ ~~ i'\~ (, ~ ~~ ' ~ ~ ~~ ~~ n~ \ ~:H ~ ~ ,,~ ~ '\- ~ '1 II '\. ~ ~ \. .,''/'" '(\ "J~~ ~~~ i\' ~ , 'I ¡ ~ ''I- I i\ . ' I~ ~~~ , I, ,"~ :'~ ~ \ I ,,\\ \, 'J\.\ ~ \l~~ ~ " 'V I, , \' ~ " \ ,\ I \ ~~~ ~ \" '-I' I \ I, ~ , , ) :" I , ~'" ,\ , , ~ \j " , I ' ' \' \\ , ' " , " "- ',I ,\ , \ ~ \ , , \ ,. , \ 1 " ~ ' ... 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"-' -- ~/ .J ,17 (7(// / ~, I ( ( 00 I "" 100.00' _ - ~ q -=i "I -,- 1m I Ii" ~ , 'I h '" Ii, :t13'.· I ;¡; 'íQJ , i i I 2 IF' " '" 1 II ;:~ ¡;¡ ........ I Z", '" p- t J;1,.. OlE , Ii: Ii: ~ :z I ò 1'01 ~ " I . I I' ,'. h . "! "I I Iii 24'0' 6'0' 3210" I I . , I ! I -~ I Ò I' . ~8 , ~~ IN . '" ~ ~ , >- ~ i~ ~ >- ~~ 2 ., ~~ B. Ii ~ ~_ n --2S;õõ'-- ----" - ~ +-. ----- ~~ I Ô _0. "'G I . _.: » , . ï I ~ ~ i q en, êl »' Ja I I m¡ ~~" 2' ¡, '" 116'6' ~ j ~~m ~ I ~ ~ , ;. I N I ~ I , I ¡¡EÐ i è!i ~ ~~ 'i' I.. c œ,.. g ~ , ~ ,.. I » --'--- -- ------ --- c:t;.-------- ---------- I EAST ATLANTIC AVE . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!1Jl1 SUBJECT: AGENDA ITEM # 8·£· - MEETING OF APRIL 18, 1995 FINAL PLAT/DELRAY BEACH MEMORIAL GARDENS PLAT NUMBER 1 DATE: APRIL 14, 1995 This is before the Commission to approve the final plat for Delray Beach Memorial Gardens Plat Number 11 the proposed subdivision of the Phase II improvements for expansion of the existing cemetery located at the southeast corner of S.w. 7th Street and S.W. 8th Avenue. In 1990 the City Commission approved a Master Plan for the municipal cemetery which included expansion to the adjoining ten acre parcel to the south. This final plat subdivides the north .31 acres of the ten acre parcel into 40 blocks. Each block will contain four burial lots, for a total of 160 grave sites. The plat has been reviewed and all comments have been addressed. Recommend approval of the final plat for the Delray Beach Memorial Gardens Plat Number 1. . . . 01\ ß1v( C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: t, FROM: STEVEN E. PLANNER SUBJECT: MEETING OF APRIL 18, 1995 FINAL PLAT FOR DELRAY BEACH MEMORIAL GARDENS PLAT NUMBER 1 **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for Delray Beach Memorial Gardens Plat Number 1, the proposed subdivision of the Phase II improvements for the muncipal cemetery. The project is located at the southwest corner of S.W. 7th Street and S.W. 8th Avenue. B A C K G R 0 U N D: In March, 1990, the City Commission approved a Master Plan for the Delray Beach Memorial Gardens (Municipal Cemetery) . The Master Plan included a mausoleum complex and 692 new burial plots. Included within the master plan is the expansion of the existing cemetery to the adjoining ten acre parcel to the south. In March, 1995, a final plat was received subdividing the north .31 acres of the ten acre parcel into 40 blocks. Each block will contain 4 burial lots, for a total of of 160 lots. The plat has been reviewed and all comments have been addressed. The final plat for Delray Beach Memorial Gardens Plat Number 1 is ready for Commission consideration. PLANNING AND ZONING BOARD CONSIDERATION: As the Delray Beach Memorial Gardens Plat is being processed as a minor subdivision pursuant to a master plan, Planning and Zoning Board consideration is not required. . . . . City Commission Documentation Delray Beach Memorial Gardens Plat Number 1 Page 2 R E COM MEN D E D ACT ION: By motion, approve the final plat for the Delray Beach Memorial Gardens Plat Number 1. Attachment: * Location Map & Reduced Plat Y:DBMGCC.DOC '. ' ,,- . . . . {t'Y z z 0:: 0:: 7 ::;) ::;) ID ID ::;) ::;) 0« <- F I~ ,... ~ - g,V AuaURN CIR. s. ~ ~ 0« AUBURN ~ TERR. SO. 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'\ t:~~:~~ ~ ~ _. r :~ ~ · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Øt1 SUBJECT: AGENDA IT-EM # <¡·r· - MEETING OF APRIL 18, 1995 RESOLUTION NO. 35-95 DATE: APRIL 14, 1995 This is before the Commission to adopt a resolution abandoning a portion of the 20 foot alley right-of-way lying within Block 1, Osceola Park, located between S.E. 5th and 6th Avenues, south of S.E. 4th Street. In December, 1994, the adjacent property to the north (Dave's Auto Body) petitioned to abandon the west 135 feet of the northern east/west alley. If abandoned, the applicant plans to landscape and fence the north 10 feet of the abandoned area. The south 10 feet of the abandoned alley will remain vacant, and be vested to the City of Delray Beach which owns the adjacent property (Delray Women's Club). The Planning and Zoning Board formally reviewed this item at its meeting of February 27, 19951 and recommended approval subject to the condition that a utility easement be provided for storm drainage and sanitary sewer mains, and that fence and landscaping improvements shall be installed. ·Recommend approval of the abandonment of the west 135 feet of the northern east/west alley within Block 11 Osceola Park through enactment of Resolution No. 35-95 subject to the remaining condition that fence and landscaping improvements shall be installed. ~ 0ì'J ~~ J.I //<8' /9S .' . '. -"~''''''''---. _.-.' .- - . -,-',. - . - - ----- _.--... _..~-. . ~'·T..·~ '__"'_ -- ~-~ -- . _..-,~ ,'-,. . .. ~ .... ,- - '. _...~_.~- -~. --- '~'- -.~. RESOLUTION NO. 35-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEY RIGHT-OF-WAY WITHIN BLOCK 1, OSCEOLA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BUT I RESERVING AND RETAINING TO THE CITY A UTILITY i EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING MORE I I PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an í application for abandonment of a portion of an alley right-of-way : lying wi thin Block 1, Osceola Park, located between S.E. 5th Avenue and S.E. 6th Avenue, as more particularly described herein¡ and i WHEREAS, the application for abandonment of a portion of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach¡ and i i WHEREAS, pursuant to LDR Section 2.4.6(0) (3) (d), the i Planning and Zoning Board, as Local Planning Agency, formally reviewed this item on February 27, 1995, and recommended approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, but retaining and reserving to the City a utility easement over the entire area thereof for the purpose of emergency access and constructing and/or maintaining either over or under the surface poles, wires, pipes, sewers, drains or other facilities used for various public utilities whether owned by the City or private corporations, based upon positive findings pursuant to LDR Section I ¡ 2.4.6(0)(5). ! i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE \ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I . .' ·~··"~_.·__·W·'''.·__··~ - ",.~ ."...~ .__.~. _~_"__~_'.'_ ._,.....~__. ,._. ~_~_____,..._,,__~._.._._._.._,.~~ _'_·'___'·,·.___~~__'y~.".__ '_'~'_____"'"4___._.__,_'...."___,_. .' .._. ,. . __.____ .....".. ....__~._ _ .--,........' "--. _ . ._.. _._'.~_~.. _ u..~_·_ .__ _. ._._ _ ._..........,.. .,_.".."~~ ._. ." . __.._..,. __.,', __.'___"__'. ._. . __ '.__.'.~._'_""_ _. _ _ . _.._. Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and I abandon all right. and interest it holds to the following real I property, but retaining and reserving to the City of Delray Beach, Florida, a utility easement ,over the entire area thereof for the purpose of emergency access and constructing and/or maintaining either over or under the surface poles, wires, pipes, sewers, drains or other , facilities used for various public utilities whether owned by the City : or private corporations, more particularly described as follows: That part of the alley right-of-way lying south of and adjacent to Lots 1 and 2, Block 1, OSCEOLA PARK, as recorded in Plat Book 3, Page 2 of the Public Records of Palm Beach County, Florida, described as : follows: ! Begin at the Southeast corner of said Lot 2, Block 1; : thence North 90 degrees 001 00" West, along the South i line of Lots 1 and 2, 135.50 feet to a line 5.00 feet east of and parallel with the West line of Lot 1, Block 1; thence South 0 degrees 291 30" West, along I said parallel line, 20.00 feet to a line 20.00 feet south of and parallel with the South line of Lots 1 and 2, Block 1; ~hence North 90 degrees 001 00" East, along said parallel line, 135.50 feet to the intersection with the Southerly extension of the East line of Lot 2, Block 1 i thence North 0 degrees 291 30" East, along said extension, 20.00 feet to the said Point of Beginning. i I Containing 2,710 square feet, more or less. i ! PASSED AND ADOPTED in regular session on this the 18th day of April, 1995. ~~' , MA y~ ; ATTEST: OJ; /JJJJ? 'IJlµt .j¡J.~ lIa1if¡ . C1ty Cl k I - 2 - Res. No. 35-95 1, , ~~ I' '~ lJII] ON" F~ I ST. '" -1 i -~ I ~ .~ - - '1 ~ ~- - ~ ~- - - ~- - ~- - ILl 1---- ~ =~ ~ [[I--- I- I--- - ~ =~ I So£. .' ( ~ _ 3!f) ST. ~ ---::f I ~ - I'-' I.. I ~ - """ I- I-- - CI - ~ 1= I--- t- - - - - : II! - &oJ - III .. to! ~ '- ...: "'...: tñ _III _ VI V1 - - -- ~ - - - - -~ "----- ~~ ~:~ s~ HffiB ~~ ~= ': I ITllIIJ aa ~ ~ []]]] t=:jt=!~ITIJJ~ :- === 5.E. 6TH ST. (/) -( 1- ~ ~ ~ If:: F -< < < < If)I-- lD 0 '-- - u W -< ¡......., - IV U') i-- S.E. -~ ~ - - - ,.... --.. ~ - Z r- ~ CI ~ -, N ~. '-=-=-' S.E. 8TH -sl.)- _ ,...--- I--- J J I S., I II I I 15 HIS . 1 I I i-- N - ABANDONMENì f\NINIIC OPAIP'NEHT OTY ar IIII.AA' 8u.øi. F\. -- DOrA/. /lASE l/AP S"YST&I -- . . f 1/ /\ (I L ) C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~ ~vv\~~ THRU: Am DOM~ ~. PL NNING & ZONING ~Z- FROM: . STEVEN E. L PLANNER SUBJECT: MEETING OF APRIL 18, 1995 ABANDONMENT OF A PORTION OF ALLEY RIGHT-OF-WAY WITHIN BLOCK 1, OSCEOLA PARK **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a portion of a 20' alley right-of-way within Block 1, Osceola Park. The subject right-of-way is located between S.E. 5th Avenue and S.E. 6th Avenue, south of S.E. 4th Street. B A C K G R 0 U N D: The subject alley was dedicated with the recordation of the Osceola Park Subdivision in January, 1913. To date only the eastern portion of the alley has been improved, which provides access to City Lift Station #1. In December, 1994, the adjacent property owner to north (Dave's Auto Body) submitted a petition to abandon the west 135 ft. of the northern east/west alley within Block 1, Osceola Park. If abandoned, the applicant plans to landscape and fence the north 10' of the abandoned area. The south 10' of the abandoned alley will remain vacant and be vested to the City of Delray Beach, which owns the adjacent property (Delray Women's Club). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of February 27, 1995. The Board recommended approval subject to the following conditions: 1. That a utility easement be provided over the entire abandonment area to accommodate the existing storm drainage and sanitary sewer mains, and . . City Commission Documentation Osceola Park Alley Abandonment Page 2 2. That prior to scheduling the abandonment for City Commission consideration, a site plan be submitted which shows the new fence and landscaping for Dave I s Auto Body. The easement will be provided with the resolution for abandonment and the applicant has provided the aforementioned site plan. R E COM M EN D E D ACT ION: By motion, approve the abandonment of the west 135 ft. of the northern east/west alley wi thin Block 1, Osceola Park through the enactment of Resolution 35-95, subject to the following condition: * That prior to recording the abondonment resolution, the fence and landscaping improvements shall be installed. Attachment: * Location Map, Reduced Survey & Reduced Site Plan Y:OSPKCC.DOC I, . i I 163.30' I W/S STRANOS BARB WIRE . I -- 5' C ·2 r- W W ~ 0::: Jt r- f 13 (f) I 14 ..IZ:. lei )... - ~ I :z ~ 16,1 0 F W a: ,I 0 17 0- m . -V - 18 .1 I ~ r , CONC. SIDEWALK ·0 I<) "" __1 fi' - - St~5.fuA'ÆNUE - u.~w'(, 1- FEDERAL HWY.( t ~ Z. · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf111. SUBJECT: AGENDA ITEM # ð7.G. - MEETING OF APRIL 18, 1995 PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL, INC. "FAST BREAK" PROGRAM DATE: APRIL 141 1995 This is before the Commission to approve the Palm Beach County Private Industry Council's "Fast Break" program providing summer training and job opportunities for disadvantaged youth, under Title lIB Work Experience Project. The program objective is to provide job opportunities for youth between the ages of 16 and 21, which will familiarize them with the job market, provide skill training and job seeking skills, and which will complete needed city-wide seasonal projects. The program will provide employment experiences which will be beneficial to the City and the participants and will be funded by the Private Industry Council. The City Attorney's office reviewed the agreement and found it to be acceptable as to form and legal sufficiency. Recommend approval of the Palm Beach County Private Industry Council's "Fast Break" program. .' Agenda Item No. : ?·G. AGENDA REQUEST Date: April 4. 1995 Request to be. placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: April 18, 1995 Description of agenda item (who, what, where, how much): Approval of Palm Beach County, Private Industry Council "Fast Break" program. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend Approval Department Head Signature: ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: all wages/benefits to be paid by (if applicable) Account No. & Description: Private Industry Council Account Balance: City Manager Review: Approved for agenda: (!jjJ/ NO !~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved , MEMORANDUM TO: David T. Harden, City Manager FROM: ~.~ Patsy Fox, Human Resources Assistant THRU: Ned Gusty, Human Resources Director 'fjb SUBJECT: REQUEST FOR AGENDA APPROVAL OF THE PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL'S IIFAST BREAKII SUMMER PROGRAM DATE: April 6, 1995 The following recommendation is being made to approve the Palm Beach County Private Industry Council's IIFast Breakll Summer Program. Our City Attorney, Susan Ruby has reviewed the attached agreement and found it to be acceptable as to form and legal sufficiency. Program Objective: To provide job opportunities for youth which familiarize them with the job market, provide skill training and job seeking skills, and to complete needed City wide seasonal projects. Program will provide meaningful employment experiences with tangible outcome which will be beneficial to the City and to the participants. Program Duration: 6 weeks during the summer months. (Approximately, June 26, 1995 thru August 11, 1995) Participant Ages: Between the ages of 16 and 21 Work Week: Not to exceed 20 hours per week Hourly Rate: $4.75 per hour to be paid by the Private Industry Council. Residency: Palm Beach County residents only Other Eligibility Requirements: - Current driver's license or picture loD. - Proof of family income or public assistance during the past six months. - Proof of current address - Birth Certificates or alien registration cards for entire household. - Social Security cards for the entire household .' · - Proof of wages - Proof of AFDC - Proof of Food Stamps - Proof of SSI - Proof of Social Security Assistance - Proof of child support and/or alimony - If disabled, proof of disability status - If an offender, proof you were in prison any time during the past six months. - If in school, report card or school record - If applicable: Proof of draft registration These are set requirements regarding eligibility criteria for enrollment in the program. A youth may be eligible for the "Fast Break" Summer Program as an AFDC recipient or a member of a family receiving AFDC, a food stamp recipient or a member of a family receiving food stamps, or an individual or member of a family meeting the income guidelines. These documents are checked by the Private Industry Council. Restrictions: 16 to 21 years of age. Safety shoes if required Pre-Screening & Selection Pre-screening and selection will be conducted by the Private Industry Council. Recommended Funding: None Positions: We anticipate utilizing the participants in clerical, recreational, maintenance and other related positions. Placement within City departments will be based upon departmental requests. AGENPIC.DOC/pf Memo CITY OF DElRAY BEAC~ TO: -p ~ DATE: o/3¥9é>- FROM:~~ _ SUBJ: 6'~~~Jf!~1 ~~~f1u~ ~~J~c¿¿,fo ~~~~. ~ DELRA Y BEACH .~A''':f iijjr 1993 · Rev. 1/31/95 EMPLOYER WORKSITE AGREEMENT FOR WORK EXPERIENCE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM AGREEMENT NUMBER: 0 Positive Connections [i] Fast Break 0 Youth Services This agreement is made for Work Experience Project under Title liB of the Job Training Partnership Act (the "Act") between the Palm Beach County Private Industry Council, Inc. (the "Private Industry Council") of 600 South Dixie Highway, West Palm Beach, Florida 33401, Phone Number (407) 659-5213, and 1. Employer: CITY OF DELRAY BEACH 2. Address: 100 NORTHWEST 1st AVENUE DELRAY BEACH, FLORIDA 33444 3. FEIN No.: 596000308 4. Description of Organization: MUNICIPALITY I. TERM The term of this Agreement and the starting and ending dates of the work experience shall be from :ru~~~ 995 through AUQust 11 , 1995; provided that the Private Industry Council may earlier terminate this Agreement by so notifying the Employer in writing. II. EMPLOYER REPRESENTATIONS The Employer represents that (1) it is a private non-profit or public non-profit corporation and (2) is capable of providing Work Experience in accordance with the terms of this Agreement. 1 · III. SERVICES TO BE PROVIDED The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Job Order (Attachment 1), Addendum for Changes and the Description of Worksites (Attachment 2), Inclement Weather Plan (Attachment 3), and Child Labor Laws (Attachment 4), attached hereto and incorporated herein. A Referral and Selection 1. The Private Industry Council shall refer to the Employer for each position, one or more individuals, JTPA certified as eligible for participation, if available, throughout the term of this Agreement, in order to assure to the greatest extent possible the filling of all positions. 2. The Private Industry Council shall only refer Participants who are certified as JTPA eligible, between the ages of 14 to 21 and who meet the employer's referral criteria as specified in the Work Experience Job Order (Attachment 1). B. Employment 1. Each Participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the Participant, and as specified in the Job Order. 2. Employment shall be conducted at worksites designated on the attached Work Experience Job Order and Description of Worksites. 3. Employers shall ensure that Participants are provided adequate equipment and supplies for their assigned work. 4. Youth participating in Youth Services shall be scheduled to work a specific maximum number of hours per week in accordance with the specific program restrictions and shall not be permitted to work in excess of the maximum number of hours permitted per day to be scheduled or a total of five hundred (500) hours during the term of this Agreement. Some Participants may be required to work less time due to their concurrent enrollment in other Private Industry Council Programs. S. All employment and training activities hereunder shall be conducted in accordance with the conditions set forth in the attached Assurances and Certifications and with applicable law, including Child Labor Laws as attached (Attachment 4). 2 · c. Training 1. The Employer shall provide each Participant with meaningful, well- supervised job training consistent with the duties and responsibilities of the job position and designed to ensure successful attainment of entry level skills and work habits required of such positions or occupation as set forth in the Work Experience Job Order. 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work and schedules, and break schedules. D. Supervision 1. Employment and training hereunder shall be provided through the Employer's qualified supervisors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each Participant supervised, (3) determined by the Employer to be appropriate to supervise such Participants, and who have (4) successfully completed a Private Industry Council sponsored "Worksite Supervisor's Workshop/Orientation". The attendance of all designated supervisors at said "Worksite Supervisor's Workshop/Orientation" shall be documented by means of a Sign-in Log maintained by PIC staff. The Employer shall provide to the PIC, prior to the Participant's first day on the job, a written list of qualified supervisors and back-up supervisors for each worksite. 2. The Private Industry Council will provide supervision (youth supervisors) - at worksites that have exceeded ten (10) participants. The Employer will provide a supervisor for each worksite who will be responsible for assigning daily duties and signing and submission of timesheets. 3. The Private Industry Council shall make appropriate arrangements for the orientation and instruction of supervisors, employing Worksite Supervisor's Manual (Attachment 5) to be provided by the Private Industry Council. Employers, the EmployerOs Supervisors, and Participants shall be provided with a manual outlining the policies and procedures to be followed during the program. Receipt of the Worksite Supervisor's Manual by Supervisors and of the manual outlining the policies and procedures to be followed during the program by the Employers, Supervisors, and Participants shall be documented by signature of recipient upon written receipt maintained by PIC staff. 3 .' ., 4. The Private Industry Council shall assign, and notify by written notice to the Participant and Employer, a case manager to each Participant in a work experience employment position who shall be the liaison person between the Employer, Private Industry Council, and the Participant to handle any and all questions, arrangements, difficulties, or disciplinary actions regarding the Participant s. The Employer shall have the right to take disciplinary action, suspend, or disengage any Participant assigned under the terms of this Agreement in accordance with the regular written personnel policies and practices of the Employer. The Employer must immediately notify the Private Industry Council Case Manager or Youth Counselor and follow up in writing of any termination and the reason for such termination. IV. COMPENSA TION A. The Private Industry Council shall compensate each Participant at a rate of $4.75/hour for hours worked during each two week pay period, upon receipt of proper documentation from the Employer as specified below. In no event shall JTPA funds be used to compensate a Participant for hours in excess of those contractually agreed. B. The Private Industry Council shall provide workers compensation coverage and make applicable FICA and federal income tax withholding payments for all Participants engaged in Work Experience under this Agreement V. TIME AND ATTENDANCE RECORD KEEPING A. The Employer shall keep accurate time and attendance records for each Participant, employing the Time and Attendance Record (included in the Worksite Supervisor's Manual - Attachment 5) provided by the Private Industry Council. At the end of each two week pay period, the Employer shall have the Supervisor and Participant sign and attest to the accuracy of such record and shall promptly submit it to the Private Industry Council. B. The Employer certifies that: (1) it will only record actual hours worked by Participant, (2) it will require each Participant to sign in and out, employing the Time and Attendance Record, and (3) it will not permit Participants to simultaneously sign in and sign out C. No Time and Attendance Record shall be submitted by the Employer to the Private Industry Council for any individual who has not been referred and certified as eligible for participation hereunder by the Private Industry Council and the Employer shall bear full responsibility for payment for any hours worked by any such individual. 4 .' ¡, VI. EVALUATIONS AND MONITORING The Employer shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Private Industry Council, the State of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state, or federal government VII. ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with the provisions of the Job Training Partnership Act (P.L. 97-300) (the "Act") and regulations and policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable laws with respect to political activities, private-for- profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The Employer further assures and certifies as follows: 1. Employment and training provided to Participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order. The Employer is required to notify the PIC, in writing, immediately if there is any change in the actual job activities which are different from the original job description. Such notification must be approved in writing by PIC. 2. Conditions of employment and training hereunder shall be appropriate and reasonable with respect to the type of work and the proficiency of the Participant 3. Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Participants. 4. Except as may otherwise be provided in this Agreement, all Participants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. 5. Participants' activities under this Agreement shall be conducted in compliance with the Child Labor Provisions of the State of Florida, the Fair Labor Standards Act, and other applicable laws. 6. Employment under this Agreement shall not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed. 5 .' ¡, 7. No Participant shall be employed or job opening filled when any other individual is on layoff from the same or any substantially equivalent job or when the Worksite Employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a Participant under this Agreement 8- No position under this Agreement shall infringe in any way upon the promotional opportunities of currently employed individuals. 9. None of the funds disbursed under this Agreement shall be used to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. 11. The Employer shall afford Participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act 12. Participants shall not be employed In the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction or as a place for religious worship. 13. Employers that employ Participants in Out-of-Doors type work shall provide the Private Industry Council with a written Inclement Weather Plan, (Attachment 3), which shall be submitted to the PIC for written approval, and when approved shall be attached to and incorporated as part of this Agreement. 14. The Employer shall submit such information as may be required by the Private Industry Council and the Florida Department of Employment and Training in assessing the extent to which the services provided under this Agreement meet the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the U.S. Department of Labor and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three (3) years from the date of termination of this Agreement K:\WORD\PC\AGREEMNT 6 ¡, The Employer shall comply with the attached Assurances and Certifications, which are attached hereto and made a part hereof, and will retain a copy of this Agreement at each worksite. EMPLOYER PRIVATE INDUSTRY COUNCIL Authorized Signature Hugo P. Unruh, Chairman Type Name Title Witness Date Witness Date 7 .' ¡, Attachment 1 WORK EXPERIENCE JOB ORDER Instructions: One job order is needed for each position or job, for each site. To save time we suggest you complete all items that will remain constant, make as many copies as you need, and then finish those items that are variables on the copies. Worker's Compensation Code: This is a four (4) digit number assigned by your Wor1<er's Compensation Canier for that position or job within your type of business. We need this number so that we pay the correct amount to our canier for this coverage. GENERAL INFORMATION Employer Name: Type of Business: Main Address: Main Phone: Contact Person Name: Title: JOB SITE Address: Phone: Contact Person: Directions: JOB SPECIFIC Job Title: Worker's Compensation Code: No. of Openings: Days of Work: Hours of Work: Description of Job Duties: Specific Skills Needed To Do Job: (If this job requires work outdoors, please see Attachment #3 - Indement Weather Plan.) Any special requirements or exclusions? (Le. age, physical capabilities, mental capabilities, etc.): Completed by: Title: Signature: Date: K:\WORD\FORMS\WEJOBOR D .' · Attachment 2 ADDENDUM Agreement Number: Type of Contract: Employer Name: Job Site Address: Job Site Phone: Job Site Contact Person: Title: Job Title: Worker's Compensation Code: No. of Openings: Days of Work: Hours of Work: Description of Job Duties: Specific Skills Needed To Do Job: (If this job requires work outdoors, please see Attachment #3 -Inclement Weather Plan.) Any special requirements or exclusions? (i.e. age, physical capabilities, mental capabilities, etc.): ADDITIONAL COMMENTS: Completed by: Title: Approved by: Date: PIC Representative Approved by: Date: Employer K:\WORD\FORMS\ADDENDUM " ¡, . :/\ ~.' ",'" ...... .....',-...-."..... t?,- ) REC~C:¡\/f: [IT' DF DELIA' BEA[H APR 1 2 1995 Glry r,n .. ; , .".....' ...,... ..~. .. ,., CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH F lOR IDA bad AII·America c, MEMORANDUM "111. DATE: April 11, 1995 1993 TO: City Commission FROM: David N. Tokes, Assistant City Attorn~ SUBJECT: Agreement Between City of Delray Beach and National Loan Investors, Inc. / Corniche Plat - Access Easement The City Attorney's Office negotiated the attached agreement with National Loan Investors, Inc. ("NLI"). Pursuant to the agreement, NLI is going to permit the City to process a replat of the Corniche property. As part of the replat, the access easement will be relocated from its current position to the north end of the property. The easement will also be widened from 18' to 24'. This will permit access from Federal Highway to the F.I.N.D. parcel located to the east. In consideration for replatting the property, the City will forgive all current and pending nuisance abatement liens. There are approximately $2,500.00 in outstanding liens. The City imposed the liens against the prior owner for maintenance of the property. NLI foreclosed their mortgage and now owns the property. A memorandum from Joe Weldon explaining the history of this project is also attached. Approval of the agreement with NLI is recommended. Please call if you have any questions . DNT:smk Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk cornicM.dnt ?f/ . ® Printed on Recycled Paper . , r · AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 1995, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, and NATIONAL LOAN INVESTORS, L.P., a Delaware limited partnership. WIT N E SSE T H: WHEREAS, National Loan Investors, L.P. ("National") owns property within the municipal limits of the City of Delray Beach ("City"); and WHEREAS, there presently exists an eighteen foot (18') access easement across the National property for access to a parcel of land owned by the Florida Inland Navigational District ("FIND"); and WHEREAS, the City and National desire to enter into this agreement in order to relocate and widen the access easement in order to facilitate the development of the FIND parcel into a city park. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. National owns the following described property which is located in Delray Beach, Florida: That part of Lots 10 and 11, Block 1, Model Land Company's Subdivision in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying East of the East right of way line of u.S. Highway No.1 (State Road No. 5) and between the Westerly extension of the North and South boundaries of Lot 27, Block 2, of said subdivision, according to the plat thereof recorded in Plat Book 1, Page 128, of the public records of Palm Beach County, Florida, less the South 100 feet thereof, as measured along said East right of way line of U.S. Highway No.1. · The foregoing property now being described as: All of the Plat of The Corniche, according to the plat recorded in Plat Book 53, Page 28, as recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. 3. National agrees to replat, at the City's expense, the above described property in order to relocate and widen the access easement from the current location to the location indicated on Exhibit "A" which is attached hereto and incorporated herein by reference. 4. In consideration for the relocation and widening of the access easement, the City agrees to release all code enforcement and nuisance abatement liens which are pending or recorded in the public records of Palm Beach County, Florida as of the date of this agreement. 5. National agrees to execute all necessary documents which are required for the City to process and record the plat for the above-described property. 6. Any notice or communication under this Agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, then by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: To the City: David T. Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To National: National Loan Investors, L. P. Attn: Chris J. Moses 3030 N.W. Expressway, Suite 1313 Oklahoma City, OK 73112 2 " 7. This Agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 8. Neither the waiver by City of any breach of the agreement, condition or provision of this Agreement or the failure of City to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered to be a waiver of the agreement, condition or provisions, or of any subsequent breach of any agreement, condition or provision. No provision of this Agreement may be waived except by written agreement pursuant to all the necessary formalities of the parties. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by their proper officers hereto duly authorized on the year and date fIrst above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form: City Attorney ATTEST: NAT OAN INVESTORS, L.P. ~~ / /1 ~ Bf ïi/, I I ( mANN;lNG ~€AAt-PAfl(tJer¿. ~Æ . /Y7ev-z...- 'fA£U.- ~. HeAFV (name prin1d or typed) (name printed or typed) 3 " . State of Oklahoma County of Oklahoma The foregoing instrument was acknowledged before me 'this ~ day of March, 1995 by _Pet IA I G-. +J ect.-+ y (name of partner or agent), partner (or agent) on behalf of National Loan Investors, L.P., a partnership. He/She is ~naììy ~ to me or has produced (type of identification) as identification and did (did not) take an oath. ~-~ ~/nß~ I ·'<rA'·' i /~~ ... I'j;:\ ANN M. BUNCE Signature of Notary Public - State I \ .sEJ~:" i Grady County of FiQrida- {)K'lA HbWlA- \NU'" \ I Notary Public In and for "'....,,~.~....:t Slate of Oklahoma /l-l7n /5u 11(' ..(¿ My Goml'tl/$son expIres Mar. 25. 1999. rn. Print, Type or Stamp Name of Notary Public corniche.agt 4 . .' . ~-15-1995 16:08 FRa1 NATICJ\R.. L~ II'MõST 14072784755 P.06 .. -". ..-. $. :,.. /~ '/ \ /.. ,." , ! I . . ~ ",I þ,U.pp~- ;, I ~ . : : , ! ; ~: c-~~ .,...~ 0.-. .,,~ 'f'_ i , (\ I : , " : . ~_. " ~ I . ,J . ~ :""'I '., ~-' .1",,:-,. .... .. .... ~ '" '~\~ . ,. '\ t\t, ~ 1\ " '. \~ !- , i ï, ,; : - . .. . " I M' 69·fi9"'d~i'£. , /66. /d;' ; . I I , . I .' " ) ,-- , I 1.."7 , /) ,/",,/ ". , L.~ f_ '" / /. "'I ¡ . ~-"" t _ '.. ,,-,f;. .- '. ~I .4 t ~ ,- .--, "', . It 1) Q .. C-.......) t\.'./ Q ~i.7 .t'/t..'l:' {_ ¿. .../1 1'.' L : 1... .... C. l.-,j.. . '~I o D l ",Ço C'~ . '-':::1 I '" . "_" , 14l': I s wt ('e- , ; "'r ee , , ¡ ¡u 6 \i\ " . '.fifo' IT ' : 03/15/95 WED 17:01 (Tl/RX NO 53911 . [IT' OF DELRA' BEA£H DElRAY BEACH , I 0 I D A t.I.f&d 100 N.W. 1st AVENUE· DELRAY BEACH. FLORIDA 33444·407/243-7000 AlI·America City ~._-. ----- - - , 1111: ----- MEMORANDUM .APR I 0,1995 1993 ---. TO: David Tolces, Assistant City Attorney .., -. .---- . ';>-~\ FROM: Joe Weldon, Director of Parks and Recreation , SUBJECT: F.I.N.D. Parcels MSA 650 and MSA 645 C and D DATE: April 10, 1995 Policy C-4.2 of the Coastal Management Element of the Comprehensive Plan directed the Parks and Recreation Department to contact the Florida Inland Navigation District to begin communications to transfer F.I.N.D. Parcels #MSA 650 and MSA 645 C and D to the City of Delray Beach to be used as conservation and marine habitat areas. Contact was made in 1990 and we were told that F.I.N.D. was conducting a Long Range Dredge Material Management Study and would not surplus any property until the study was completed on September 20, 1991- After the study was completed, F.I.N.D. indicated that they would be willing to lease long term to the City MSA 645 C and D. However, they indicated MSA 650 did not have a large enough access easement over the property (Corniche Plat) between MSA 650 and Federal Highway, and that it had to be resolved before the property could be leased to the City. The City Attorneyls office began negotiations to increase the access easement from 18' to 24' and move it from the middle of the property to the north end of the property. ~ Parks and Recreation Attachments JW: cp Ref:dtfind @ Primed on Recycled Paper THE EFFORT ALWAYS MATTERS . :............... ,...:.........:. - - -- .' ' p' . N ?c..A'T" "ç "'-\4-G Co~~ 1Ck\:~ / ..ó ~ ~ ..... 'a> / . ,- / ~c;)./ ~~ J...? ,c, , " þ.~íJ . k-- J3Ar;£M.£,Jr "'~'\, ~~~. ~Ae~L. A1~O ., alÙ'" .. I,..: t"" 1'\ .... C\... "'. 'a '.... '0 ...r.¡;' .\}¡;- ~ v . ~~. ~ .. ,,")) ". l \ ')_ < · Ct.· \'tð ~~ r. . \ ,. ~cr 11- \...~. \. l ~ ~v...\~· '( " ~~' . Pt..Ar '" \~" t/MIT ~~ ~ , ~ ~., ~ ii ~r;¡' ,ø ,1 \. / .I: (U ..' _"t' " ... ~~o- ¡i" .... ... .¡.", ... ,.... ~(j. t<ð c.,p· 3\.. I' I~ l' ~ ...... <5"0' ~ , ......... . _ -- N (1'J("fY" (OT,/ s:.~ / I f·, ." .;~~.\, . '~;~;. ,~ . #~.~ H.8!1"$S·~ £. /66.10 . ,;q~~ FU uur:5:~: d3 ~ J ... L \~ ~ / ~~,'{ ~ " ...1 . .¡.. . . a~ ... L_ __ '~~C'l:)RLOrZr _ ~STCItr..,. eXTCNSiON 0' S.LI'< ()II" "" zr-/ i I 8, 1M. COlI. ()II" S 1/2.()II" S"-//4 ~. 'or HE. 1.1'4. 0' S.JC V4 Y , N8<J...~...~~ 6.$0 8~ " " I . ,. , , [ITY OF DELAAY BEA[H 100 N.W. 1st A VENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000 June 10, 1992 Mr. David Roach Assistant Executive Director Florida Inland Navigational District 1314 Marcinski Road Jupiter, FL 33477 , Dear Mr. Roach: Per our previous conversations, the City of Delray Beach is interested in obtaining long term leases on F.I.N.D. parcels MSA 650 and MSA 645 C and D. The City's Comprehensive Plan recommends the conservation and protection of both these parcels. We feel that the City is in the best position to monitor and protect these parcels for possible future public use. Parcel MSA 650 (south of Knowles Park) has potential to be developed to provide public boating access to the Intracoastal Waterway. A preliminary review indicates room for boat ramps and 20 to 30 parking spaces while-protecting the existing mangroves on this site. Presently the boat ramp at Knowles Park is the only public access to the Intracoastal Waterway. I envision parcel MSA 645 C and D being protected as a wilderness islan4, a concept originated by Palm Beach County. This parcel would not be open to the public but would be protected as an environmentally sensitive area. The parcel would probably be fenced along Andrews Avenue to prevent public access and the dumping of refuse along its perimeter. I would appreciate meeting with you at your earliest convenience to discuss the possibility of these long term leases. If you have any questions, please do not hesitate to contact me. . Sincerely, U~ e Weldon ctor of Parks and Recreation cc: David Harden City Manager ó«(.r: þS"A ~ 1J'J{) THE EFFORT ALWAYS MATTERS . , RËCEIVED ADt;) , : I ? J 1990 (- ';'" , FLORIDA I N LA N D NAVIGATION DISTRICT April 23, 1990 Joe Weldon, Director Parks and Recreation COMMISSIONERS City of De1ray Beach 100 NW 1st Avenue M. BRENT WADDELL De1ray Beach, FL 33444 CHAIRMAN MARTIN COUNTY Dear Mr. Weldon; -. STANLEY E. GOODMAN VICE CHAIRMAN Re; FIND Property DACE COUNTY WALTER A. MAYTON This letter is in response to your correspondence concerning TREASURER three FIND properties in Delray Beach. Attached are aerial PALM BEACH COUNTY photographs indicating those parcels that I determined were BRYNN NEWTON the ones you had referenced. SECRETARY FlAGLER COUNTY WILUAM O. DERR Please be advised that the parcel lIoff of McCleary Street" known DUVAL COUNTY as MSA 651 is not FIND-owned property. We only have a perpetual PIERRE D. THOMPSON easement on the property for ICW project purposes. The owner ST. JOHNS COUNTY of record when we acquired our easement in 1937 was J.J. Schobinger JAMES o. TAYLOR eta ux. If we do not use the property for a spoil disposal VOLUSIA COUNTY site, we must release the easement to the property owner. E.E. HADDEN. JR. BREVARD COUNTY The other two parcels, MSA FO 645-C & D and MSA FO 650, are GEORGE P. BUNNELL FIND-owned properties. Be advised that the Palm Beach County INDIAN RIVER COUNTY Department of Environmental Resource Management has expressed DEANNA c. BROWN an interest in MSA FO 645-C & D. Our surplus lands procedures ST. LUCIE COUNTY direct us to offer the property to the State first, County LAURENCE D. LOCKER second and municipality third. The other site appears to be BROWARD COUNTY available. The FIND Board of Commissioners has established a policy that we will not surplus FIND property until the Long Range Dredge ART WILDE Material Management Study is completed in the subject area, EXECUTIVE DIRECTOR unless there is an overriding benefit to FIND to do so earlier. DAVID K. ROACH Our study for Palm Beach County is scheduled to be completed EX£Ct111VE ASSISTANT by September 30, 1991. I look forward to working with you on this matter in the future. Please feel free to contact me should you have any questions. ~ David K. Roach Executive Assistant DKR;ngb enc. ADMINISTRATIVE OFFICE ON THE INTRACOASTAL, WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD. JUPITER. FLORIDA 33477 TELEPHONE 407-627-3386 FAX No. 407-624-6480 . f6 FLORIDA I N LA N D NAVIGATION DISTRICT September 24, 1993 Joe Weldon, Director COMMISSIONERS Parks and Recreation Department City ofDelray Beach LENNART E. UNDAHL 100 N.W. 1st Avenue CHAIRMAN Delray Beach, Fl. 33444 PALM BEACH COUNTY ~ LAURENCE D. LOCKER VICE CHAIRMAN Dear Mr. Weldon: BROWARD COUNTY JAMES O. TAYLOR SECRETARY RE: Lease ofMSAls 650 and 645C and D VOLUSIA COUNTY STEPHEN NAVARETTA TREASURER I have reviewed the information that you provided on August 2nd ST. LUCIE COUNTY ANN R. SHORSTEIN relative to the City's access to MSA 650. The access easement that DUVAL COUNTY you provided appeared to be insufficient for the proposed public PIERRE D. THOMPSON boat ramp because of the 18 foot width and Restrictive Note 3. ST. JOHNS COUNTY which states that the easement is for 'I emergency and maintenance WIWAM T. PARKS FLAGI.EA COUNTY purposes'l. This issue needs to be resolved prior to preceding with E.E. HADDEN, JR. the proposed lease of this site. BREVARD COUNTY GEORGE P. BUNNELL In reference to MSA 645C and D, I will prepare a draft lease in the INDIAN RIVER COUNTY M. BRENT WADDELL near future and will submit it to you for your review. In the interim, MARTIN COUNTY should you have any questions concerning this matter please contact STANLEY E. GOODMAN me. DADE COUNTY Z[O ART WILDE David K. Roach EXECUTIVE DIRECTOR Assistant Executive Director DAVID K. ROACH ASSISTANT EXECUTIVE DIRECTOR RECEIVED SEP 2 8 1993 ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD. JUPIT£R. FLDRIDA:rJATl TELEPHONE 407-627-3388 FAX No. 407-624-8480 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ¡.;:. - MEETING OF APRIL 18, 1995 AGREEMENT WITH FLORIDA POWER AND LIGHT TO RELOCATE ELECTRIC DISTRIBUTION FACILITIES/EAST ATLANTIC AVENUE DATE: APRIL 141 1995 This is before the Commission to approve an agreement with Florida Power and Light to relocate electric distribution facilities on East Atlantic Avenue, from overhead to underground facilities, as part of the East Atlantic Avenue Beautification project. Funding in the amount of $103,555 is available from Decade of Excellence - East Atlantic Beautification (Account No. 228-4141- 572-61. 73) . Recommend approval of the agreement to relocate the overhead Florida Power and Light distribution facilities on East Atlantic Avenue to underground. .. . Agenda Item No.: tr. AGENDA REOUES'r Date: April 11- 1995 Request to be placed on: --I-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 18. 1995 Description of item (who, what, where, how much): Aareement between the citv of Delrav Beach and Florida Power and Liaht for the relocation of existina overhead facilities on East Atlantic Avenue to underaround. The work is estimated at 5103.555.00 and will be constructed as part of the East Atlantic Avenue Beautification Proiect. This amount is onlv for work bv F.P.L. to relocate the power lines and does not include construction of underaround conduit. The fundina source is 228-4141-572-61.73. proiect No. 93-68. ORDINANCE/RESOLUTION REQUIRED: YES IiiW DRAFT ATTACHED YES ® Recommendation: Staff recommends F.P.L. for relocation of overhead lines to Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red 1 items involving expenditure of funds): Funding available: ES NO Funding alternative · J¡J ¡¡vJ.., ê Account No. & D cription Account Balance City Manager Review: ~§7v 1 ~ Approved for agenda: ~/~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG368411.MRM . , . ¡, . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, p~ city Engineer DATE: April 11, 1995 SUBJECT: AGENDA REQUEST AGREEMENT WITH F.P.L. Attached is an agenda request for approval of an agreement with F.P.L. for relocation of the overhead lines on East Atlantic to underground. The estimated cost is $103,555.00 and does not include the construction of transformer pads or installation of conduit. DB:mm File: Project No. 93-68 CD) DB368411.MRM " , . . . . . . UNDERGROUND FACILI'I1ES CONVERSION AGREEMENT This Agreement, made and entered into this _ day of . 19---, by and between The C it v 0 f De1ray Beach (hereinafter c:aUeå the Applicant) and FLORIDA POWER &. UGm COMPANY, a corporation organizeå under the laws of the State of Florida (hereinafter called FPL) is for the proYision of unåergrouDå electric distribution facilities by FPL in place of existing owerbead electric distribution facilities punuaDt to the Applicant'S request fOr suc:b facilities. In CODSicIeration of the premises. coveaants and agreements set forth herein, FPL and me AppIicaDt agree as follows: l. The Applicant shaD pay FPL a Contribution in Aid Of Coostrucbon (ClAC) in the amount of S 103555.00 In the event the actual oost of the project contracteå for herein, ezœeds the CIAC identified above, the AppIic:8Dt sbaU pay an additiooal c:ontribution equal to the lesser of the åifference between the ac:tual oost of the project and the CIAC identified above, or 10% of the CIAC iåeotified above. 2. Pursuant to this agreement, the Appli<:aDt agrees to oomply with and abide by the requirements, terms, and c:naditiaas of FPL's Electric Tariff as those requirements, terms, aDå CODditioDs are set forth in said Tariff. 3. Upon compliance with the requirements, terms, and CODåiboos of FPL's E1ec:tric Tariff. FPL will proc:eeå in a timely manner with the c:onversion of the existing overhead distribution facilities to an UDåergrounc1 CODtiguration in accordaDcc with the CODStJ'Uctioo årawiogs aDå spec:ificatioDs set forth in Att~t A hereof. 4. In the ewnt that the underground facilities to be instplled, as spedfied in A1tacbment A. are part of, or are for me purposes of, relocation, then this Agreement shaD be an aådeDdum to the relocation agreement between FPL and me Applicant. In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff sbaU controL 5. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this agreement or FPL's EIecttic: Tariff sba11 result in termination of this agreement. The Applicant may terminate this agreement at any time prier to the start of coostruction and the ClAC paid by the Applicant will be refunåeå to the Applicant, proviåeå however, that me refuoå of the ClAC shaD be offset by any costs inc:urreå by FPL in performing under the agreement up to the date of termination. 6. This agreement is not assignable. IN WITNESS WHEREOF, FPL and the Applicant baYe executeå this Agreement for the provision of electric UDåergrounå , distribution facilities to be effective as of the date first above written. APPUCANT FPL Signed Signed Name Name TItle TItle . , . ¡, //1 ! , ! J/'~ (-:, . ""t~\\IC' REL,!:.. '- L:: MAR 3 0 1995 [ITY DF DELIA' BEA[H CIfY M~ '\, _'..' -, nU,;1) CITY ATTORNEY'S OFFICE 300 W ATLANTIC A VENUE' DELRA Y BEACH, FLORIDA 33444 TELEPHONE 407/243-7823' FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR MEMORANDUM TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: Barch 29, 1995 SUBJECT: Code Enforcement Board Rules ------------------------------------------------------------------------ ------------------------------------------------------------------------ Enclosed for your consideration is a copy of the rules for the Code Enforcement Board. The changes in these revised rules reflect the new ordinances enacted by the Commission which incorporate F.S. 162. In particular the rules reflect the following changes: 1. The City can collect prosecution costs if they prevail in litigation. 2. The cost of issuing subpoenas will be $22.00. 3. That board orders may be recorded in the public records. 4. That the Board will notify the City to make necessary repairs if a violation is a threat to public health, safety and welfare. 5. That all liens run Ln favor of the City. 6. That notices may be done by posting in lien of publication. If these revised rules meet your approval, please place same on the Consent Agenda for Commission approval. Please feel free to contact me if I can be of further assistance in this matter. EDH:lbg ~ 1// xc: Susan Ruby, City Attorney Lula Butler, Director of Community Improvement Brian Shutts, Assistant City Attorney r¡.T . , . RULES OF THE CITY OF DELRAY BEACH CODE ENFORCEMENT BOARD Article I: General Governing Rules. The Code Enforcement Board (hereinafter referred to as "the Board" ) shall be governed by Chapter 37, Title III of the Code of Ordinances of the City of Delray Beach, Florida, Florida Statutes Chapter 162 and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. Article II: Officers. l. The Board shall elect a Chair, and Vice-Chair, annually in the month of January, from among its members by a majority vote of its members present and voting. 2. The Chair (or in his/her absence the Vice-Chair) shall preside at all meetings and hearings of the Board and rule on all points of order anti procedure. 3. The Board Clerke s) , appointed by the City Manager, shall record the proceedings of the Board, keep minutes of the meeting, take roll call, record the vote of the Board and shall carry out such other duties as may be assigned by the Board. Article III: Meetings, Quorum, Conflicts. l. The Board shall meet every second and fourth Tuesday of each month at 1:30 p.m. at City Hall, in the City of Delray Beach, Florida, unless there is no cause to hold such a meeting or its falls on a Holiday as designated by the City of Delray Beach. 2. A special meeting may be called by the Chair, or upon written notice signed by at least three (3 ) members of the Board, or .' upon request of the Code Enforcement Administrator of the City of Delray Beach, Florida. 3. A quorum is required in order to hold a meeting. A quorum shall consist four (4) or more members of the Board. All findings and orders of the Board require a vote of a majority of its members present and voting, except that at least four (4) members of the Board must vote. 4. All meetings shall be open to the public. The Board Clerk shall administer oaths to all persons testifying before the Board. 5. The order of business at meetings shall be as follows: a) Meeting called to order by Chair. b) Board Clerk calls the roll. c) Board Clerk calls the cases to be dismissed or postponed. d) Board Clerk administers the oath. e) Hearing of cases. Cases of persons in attendance at the time the oath is administrated shall be called first. f) Unfinished business. g) New business. h) Approval of minutes. i) Adjournment. The Chair may change the order of business at his/her discretion. 6. Adjourned Meetings: The Board may adjourn a regular meeting, if all business cannot be disposed of on the day set, to a time and date certain, however, notice of the time and date of the 2 · postponement shall be given to the alleged violator affected by the adjournment. 7. Conflicts: Board member shall not abstain from voting unless a member has a conflict of interest pursuant to the requirements of Florida Statutes, Chapter 112, Section 112.3143(4)(a). Article IV. Absences, Removal From Office. If any regular Board member fails to attend two (2 ) of three (3) successive meetings without cause and without prior approval of the Chair, the member's office shall be deemed vacant, and the City Commission shall promptly fill such vacancy. The members shall serve at the pleasure of the City Commission; and may be suspended at any time by a majority vote of the City Commission; and may also be removed for cause at any time by a majority vote of the City Commission, according to the procedures for removal of board members as set forth in the Code of Ordinances of the City of Delray Beach. Article V. Parliamentary Procedure. Roberts Rules of Order shall be the final authority on all questions of parliamentary procedures. Article VI. Hearing Procedures. 1. The hearings for the Code Enforcement Board shall be governed by the following rules: a) Hearings shall be informal and need not be conducted according to technical rules relating to evidence. They shall, however, be conducted in accordance with accepted parliamentary procedure relative to motions, votes and 3 .' decisions. Fundamental due process shall be observed and shall govern all hearings. b) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which a reasonable and responsible person would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The Chair of the Board may exclude irrelevant or unduly repetitious evidence. c) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objections in a civil action. d) Each party to the hearing shall have the right to: call and examine witnesses; introduce exhibits; cross-examine opposing witnesses; impeach witnesses and rebut evidence. e) The alleged violator has the right to be represented by an attorney at the formal hearing. All testimony before the Board shall be under oath and shall be recorded. The 4 alleged violator or the City may cause the proceedings to be recorded by a certified court reporter or other certified recording instrument. f) If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. 2. The order of hearings shall be as follows: a) Presentation of case by Code Enforcement Administrator or his/her designee. b) Presentation of defense by alleged violator. c) Questions of Code Enforcement Administrator from Board Member(s) recognized by Chair. d) Questions to alleged violator by Board Member(s) recognized by Chair. e) Rebuttal by alleged violator, if any. f) Rebuttal by Code Enforcement Administrator, if any. g) Disposition of case by Board. Article VII. Powers of the Board. 1- The Board shall have the power to: Adopt rules for the conduct of its hearings not otherwise in conflict with Chapter 37, Title III of the Code of Ordinances of the City of Delray Beach, Florida, or Florida statutes Chapter 162; Subpoena alleged violators and witnesses to its hearings; Subpoena evidence; take testimony under oath; issue orders having the force of law commanding whatever steps are 5 necessary to effect compliance. The City, the Board, or the alleged violator may request that witnesses and records, including surveys, plats, and other materials, and other evidence be subpoenaed to any formal hearing. Subpoenas may be served by officers of the City Police Department or certified process server. The Chair of the Board shall provide the Clerk of the board with sufficient signed and blank witness subpoenas to be provided to alleged violators in the City for the purpose of subpoenaing witnesses, records, and other evidence. The alleged violator(s) shall pay to the City a fee of ($22.00) for each subpoena issued. 2. Administrative Fine; liens: The Board, upon notification from the Code Enforcement Administrator that an order of the Enforcement Board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed $250.00 for each day or $500.00 per day for repeat violators each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. A certified copy of an order imposing a fine may be recorded in the public records. In addition, if the violation is a violation that presents a serious threat to the public health, safety and welfare, the Board shall notify the City, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed. 3. Injunctive relief: In the event the Board believes that a violation presents a serious threat to the public health, safety 6 . and welfare, the Board may direct the City Attorney to seek appropriate injunctive relief in the name of the City from the Circuit Court. Nothing contained in the Code of Ordinances of the City of Delray Beach, Florida, Florida statutes Chapter 162, or the rules of the Code Enforcement Board shall prohibit the City from enforcing its codes by any other means. 4. Liens: All liens shall be against the land on which the violation exists and upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the Sheriffs of this state including a levy against the personal property, but shall be not deemed to be a court judgment except for enforcement purposes. A lien arising from a fine imposed runs in favor of the City and the City may execute a satisfaction or release of lien. After three (3 ) months from the filing of any such lien which remains unpaid, the Code Enforcement Board may authorize the local governing body attorney to foreclose on the lien. No lien may be foreclosed on real property which is a homestead under Section 4, Article X, of the State Constitution. No lien shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on that lien has commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchases for valuable consideration without notice, unless a notice of lis pendens is recorded. Article VIII. Appeals, Reconsiderations, and Enforcement Orders. 7 1- Appeals: Every enforcement order of the Board shall be final subject to the right of the aggrieved party, including, without limitation, the City or the violator, to appeal a ruling or order of the Board to the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Code Enforcement Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Reconsideration: A violator may make a request for the board to consider a reconsideration in the lien amount no more than once every six (6) months. 3. Enforcement Orders: Every enforcement order of the Board shall be in writing and shall include findings of fact and conclusions of law. Every enforcement order shall be signed by the Chair and shall be filed in the office of the City Clerk. A copy of the signed order shall be served by either by certified mail, return receipt requested or personally to the violator or other authorized person or firm, however, if said notice is ineffective, service shall be by posting as authorized by Florida Statute 162.12(2). In lieu of publication, notice may be posted for at least 10 days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be posted at City Hall. The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary delay and shall, in all instances, reach a decision within twenty (20) calendar days from the date of the hearing. Article IX. Amendments; Effective Date. 8 .' . . L These rules may be amended by concurring vote of four members of the Board present and voting, Pl-OV ided that the IJL·oposed amendmellt(s) has been presented in writing to the Board at least one ( l) meeting prior to its adoption. The Board's rules and regulations shall not be inconsistent with the provisions of Chapter 37, title III of the Code of Ordinances of the City of Delray Beach, Florida or Florida Statutes Chapter 162. 2. These rules of procedure shall be rev iel.-/ed by the Board not less than every two (2 ) years. Recommendations for pl·oposed amendments shall be made in writing. 3. These rules shall become effective fifteen ( 15) days after their approval by City Commission. These rules of procedure were adopted by the Code Enforcement Board on this 14th day of February , 1995 ek d Approved by the City Commission on the l<gM day of Apeil , 199£. City of Delray Beach, Florida ~~ , MAYO~ ATTEST: (k~~rll~ City Clerk 9 " ' . . . ~ M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'il1 SUBJECT: AGENDA ITEM i ~.A(. - MEETING OF APRIL 18. 1995 RATIFICATION OF APPROVAL/POLICY FOR SIDEWALK REPAIR AND CONSTRUCTION DATE: APRIL 12, 1995 This is before the Commission to formally approve and adopt a policy to provide guidelines for the repair and new construction of sidewalks within the City. At the April 11th workshop, it was the consensus of the Commission to support the policy as outlined in the accompanying material. Recommend approval of the policy for sidewalk repair and construction. ref:agmemo9 . , . - Policy for Sidewalk Repair and Construction Purpose: To provide guidelines for sidewalk repair and new construction within the City of Delray Beach. Policy: 1. Requests for sidewalk repair and new construction will be processed by the Public Works Department. 2. Requests for sidewalk repair will be scheduled by the Public Works Department and will be paid for by the City. 3. Sidewalks will be required for new construction projects both residential and commercial, and will be paid for the by the developer. Sidewalk requirements to be waived by the authorized approving Board. 4. When new sidewalk construction is requested in existing residential neighborhoods, the City will pay 50% of the costs and the property owners 50%. Property owner's share may be paid for through an assessment at prevailing rates. New sidewalks maybe installed if requested by a majority of the property owners affected. System must make sense and connect to something. 5. New sidewalks requested in an existing commercial area will be processed as per residential neighborhoods. 6. New sidewalk construction required for child safety to and from schools pursuant to Florida Statutes 234.021 or 235.19 will be planned and paid for by the City and or other governmental agencies. However, this shall not relieve any new developments from installing sidewalks as required by the City's Land Development Regulations. 7. All new sidewalks will comply with ADA requirements. RAB:kwg File:g:reports Doc.:SidewlkRpr , , · - ,. M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f!l«... SUBJECT: AGENDA ITEM it g>. L . - MEETING OF APRIL 18. 1995 RATIFICATION OF APPROVAL/POLICY FOR STREET LIGHT INSTALLATION DATE: APRIL 12, 1995 This is before the Commission to formally approve and adopt a policy to provide guidelines for installation of street lights within the City. At the April 11th workshop, it was the consensus of the Commission to support the policy as outlined in the accompanying material. Recommend approval of the policy for street light installation. ref:agmemo11 . - .. r ,"' ¡·~·,1 , ~ I' . POLICY FOR STREET LIGHT INSTALLATION Purpose: To provide guidelines for installation of street lights within the City of Del ray Beach. Policy: 1. The City's minimum standard for street lighting in residential neighborhoods shall be 5,800 lumen Cobra style fixtures. Fixtures shall be located at all intersections, and at mid block locations, such that fixtures are spaced at least 250 feet and not more than 500 feet apart In residential neighborhoods, 9,500 lumen fixtures may be installed if the higher lighting level is requested by a majority of the residents affected. 2. When additional lighting is requested, the City will pay all costs associated with instalJing new lighting or brighter lighting within the parameters of paragraph I. All capital costs of installing additional or brighter lighting outside the parameters of paragraph 1 shall be assessed against the property owners in the area benefitting ITom the increased lighting. Likewise, the cost of changing the type of lights (i.e. ITom post top to Cobra style) shall be assessed the property owners in the area. 3. Requests for new or modified street lights will be processed by Public Works Department. 4. Street lighting on collector and arterial roads which is installed and maintained by Florida Power and Light Company may be either 16,000 or 22,000 lumen, depending upon the characteristics of the roadway. City staff, in consultation with Florida Department of Transportation and Palm Beach County when appropriate, will determine the most appropriate level of lighting for such roads. 5. State Road A 1 A, between Casuarina Road and the north end of the Municipal Beach, is a special situation not covered by these guidelines. This area will continue to be lit by low-pressure sodium vapor street light fixtures, or other fixtures acceptable to environmental agencies, to protect nesting sea turtles and their hatchlings. . , .' .' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~.ft1. - MEETING OF APRIL 18, 1995 CLOSEOUT CHANGE ORDER NO. 2 AND FINAL PAYMENT/JOHNSON- DAVIS, INC. DATE: APRIL 14, 1995 This is before the Commission to approve closeout deduct Change Order No.2 in the amount of $11,053.10, and final paYment in the amount of $12,513.55 to Johnson-Davis, Inc. for completion of the Water Main Extension project - N.E. 3rd Avenue (N.E. 18th Street to Atlantic High School) . Funding in the amount of $3,013.55 is available from Water and Sewer Bond - Water Main N.E. 3rd Avenue (Account No. 440-5179- 536-63.58) and $9/500.00 from Stormwater Utility - Spanish Trail (Account No. 448-5411-538-62.33). Recommend approval of closeout deduct Change Order No. 2 and final paYment to Johnson-Davis, Inc. for completion of the Water Main Extension proj ect - N. E. 3rd Avenue (N. E. 18th Street to Atlantic High School) . ·, , Ii{ Agenda Item No.: AGENDA REOUEST Date: April 11, 1995 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 18, 1995 Description of item (who, what, where, how much): Staff requests City Commission to approve deduct Change Order #2, Final to Johnson-Davis, Inc.for the 12" Water Main Extension, N.E. 3rd Ave to Atlantic Ave High School Waterman (Project #93-73) in the net amount of ($11,053.10). Change Order #2 is for the final plus/minus as-built quantity adjustments to the Contract based on field measurements. Funding Source is 440-5179-536-63.58 Water Sewer Bond for ($11,053.10). A request is also made for approval to make final payment to Johnson-Davis in the amount of $12,513.55. ORDINANCE/RESOLUTION REQUIRED: YES@RAFT ATTACHED YESliJ Recommendation:Staff Recommends approval of Change Order #2 and final payment to Johnson-Davis, Inc. .J£L Department Head Signature: Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~re~ll items involving expenditure of funds): Funding available: E NO ~ q1 T.J/~ 'RP\1prnIP Remit ~ Stomwater Utility Fund Account No. & Descripti'if 44o-5179-~36-63.58 Wtr Mn-NE 3rit AvE' ~ 44~~-,)1R-fi) 11 ~1J.n;sh Trail Account Balance ~{)11.5S .OD :; J ZtSJ;, ss- City Manager Review: SINO z /vI Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /age9373.doc . . . , Memorandum To: David T. Harden, city Manager From: Howard Wight, Dep Dir of construction~n Date: April II, 1995 Re: N.E. 3rd Ave to Atlantic Àv~ High School, 12" Water Main Extension - (Project #93-73) Change Order #2 Final to Johnson-Davis,Inc. Attached is an agenda request for Commission approval of Change Order #2, Final to Johnson-Davis, Inc. on the above referenced Project. Changes reflect miscellaneous plus/minus as-built quantity adjustments based on field measurements. They are itemized in Schedule "A" attached to Change Order #2. Change Order #2 is for a net deduct amount of ($11,053.10) and final payment of $12,513.55. Funding for Change Order #2 is from 440-5179-536-63.58, 1993 Water & Sewer Bond for ($11,053.10). CC : Dick Hasko, P.E., Deputy Director of Public utilities C. Danvers Beatty, P.E., City Engineer William H. Greenwood, Director of Environmental Services A:MEM9373.DOC " ¡, > CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 93-73 DATE: PROJECT TITLE: N.E. 3rd Ave to Atlantic Ave High School 12" Water Main Extension TO CONTRACTOR: JOhnson-Davis, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final plus/minus quantity adjustments per Schedule "A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 119,017.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 9,500.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 128,517.00 COST OF CONSTRUCTION CHANGES THIS ORDER $( 11,053.10) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 117,463.90 PER CENT DECREASE THIS CHANGE ORDER 9.3 , - TOTAL PER CENT DECREASE TO DATE 1.3 , - CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Johnson-Davis, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 440-5179-536-63.58 1993 Water & Sewer Bond DELRAY BEACH, FLORIDA by its City commission RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk " , .' N. E. 3rd Ave to Atlantic Ave High School 12" Water Main Extension Project 93-73 Change Order '2, Final Schedule "A" Item Item Description Plan As-built +/- C.O. Unit +/- C.O. '2 No. Qty Qty '2 Qty Price Total ------------------------------------------------------------------------------------------------------ 1 Site Mobilization LS 1 1 0 513,500.00 50.00 2 Furnish and Install 12" DIP LF 1788 1611 -177 525.00 ($4,425.00) 3 Furnish and Install 12" Gate Valve and Box EA 2 2 0 51,200.00 SO.OO 4 Furnish and Install 8" Gate Valve and Box EA 1 1 0 $600.00 SO.OO 5 Furnish and Install 6" Gate Valve and Box EA 3 4 1 5500.00 5500.00 6 Water Meter Relocation EA 2 2 0 5200.00 SO.OO 7 Furnish and Install Fire Hydrant Assembly EA 3 3 0 52,500.00 SO.OO 8 12" X 12" Tapping Sleeve and Valve EA 1 1 0 55,500.00 SO.OO 9 8" X 8" Tapping Sleeve and Valve EA 1 1 0 53,500.00 SO.OO 10 Furnish and Install Linestops EA 3 0 -3 52,700.00 ($8,100.00) 11 Furnish and Install Sanitary Manhole (6' - 8')EA 1 1 0 52,500.00 SO.OO 12 Single Water Service Lateral EA 5 7 2 $600.00 51,200.00 13 Double Water Service Lateral EA 4 5 1 5750.00 5750.00 14 Sod Replacement SF 9600 12290 2690 SO.50 51,345.00 15 Pavement Repair over trench LF 264 174 -90 512.00 (51,080.00) 16 Concrete Driveways SF 414 784 370 $4.00 51,480.00 17 Asphalt Driveways SF 965 2427 1462 53.00 $4,386.00 18 Shellrock Driveways SF 752 0 -752 50.25 (5188.00) 19 Project Identification Sign EA 1 0 -1 $600.00 ($600.00) 20 Utility Allowance LS 1 0.00 -1.00 57,500.00 (57,500.00) Conc restraints in lieu of line stops EA 0 3 3.00 $800.00 52,400.00 Temporary water service (unmarked) EA 0 1 1.00 5211.00 5211.00 Repair exist san sewer lateral (unmarked) EA 0 1 1.00 5141.40 5141.40 21 Video Allowance LS 1 0.853 -0.147 5500.00 (573.50) 22 Testing Allowance LS 1 0 -1 51,500.00 (51,500.00) 23 Indemnification LS 1 1 0 510.00 SO.OO Change Order '1 -Sp Trail Drainage LS 1 1 0 59,500.00 50.00 ------------- Amount of Change Order '2 (511,053.10) Original Contract Amount thru Change Order '1 5128,517.00 ------------- Revi sed Contract Amount thru Change Order '2 5117,463.90 ============= " , , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!!Jt1 SUBJECT: AGENDA ITEM # ¡.N. - MEETING OF APRIL 18, 1995 CLOSEOUT CHANGE ORDER NO. 1 AND FINAL PAYMENT/TEAM LAND DEVELOPMENT DATE: APRIL 14, 1995 This is before the Commission to approve closeout deduct Change Order No. 1 in the amount of $27,639.68, and final payment in the amount of $20,370.91 to Team Land Development for completion of the Barwick Road and Lake Ida Road 12 inch Water Main Extension project. Funding in the amount of $5,384.40 is available from Water and Sewer Revenue Bond - Water Main Barwick Road (Account No. 440-5179-536-63.55 and $14,986.51 from Water Main Lake Ida Road (Account No. 440-5179-536-63.56) . Recommend approval of closeout deduct Change Order No. 1 and final payment in the amount of $20,370.91 to Team Land Development. . . ~ ,. Agenda Item No.: ~ , AGENDA REOUEST Date: April 11, 1995 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 18, 1995 Description of item (who, what, where, how much): Staff requests city Commission to approve deduct Change Order #1, Final to Team Land Development, Inc. for the 12" Water Main Extension, Barwick Raod and Lake Ida Road (Project #93-75/93-77) in the net amount of ($27,639.68). Change Order #1 is for the final plus/minus as-built quantity adjustments to the Contract based on field measurements. Funding Source is 440-5179-536-63.55 for ($13,819.84) & 440-5179-536-63.56 for ($13,819.84) , 1993 Water Sewer Bond. A request is also made for approval to makê-f.inal payment to Team Land Development, Inc. in the amount of $20,370.91. ORDINANCE/RESOLUTION REQUIRED: YE~ DRAFT ATTACHED YES{iJ Recommendation:Staff Recommends approval of change Order #1 and final payment to Team Land Devel~~ ~ f- Department Head ~ ~ Signature: . Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~l items involving expenditure of funds). Funding available: E Funding alternatives (if applicable) Account No. & Description44~5179-536-63.55 93 W/S Revenue Bd-Wtr Mn Barwick ~ 44~5179-536-63.56 93 W/S Revenue Bd Wtr Mn--Lake I City Manager Review: ~/NO 111.·? Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /age9202.doc " , r ., .'. ' Memorandum To: David T. Harden, city Manager From: Howard wight, Dep Dir of Construction D~ion Date: April 11, 1995 Re: Barwick Road and Lake Ida Road, 12" Water Main Extension - (Project #93-75/93-77) Change Order #1 Final to Team Land Development, Inc. Attached is an agenda request for Commission approval of change Order #1, Final to Team Land Development, Inc. on the above referenced Project. Changes reflect miscellaneous plus/minus as-built quantity adjustments based on field measurements. They are itemized in Schedule "A" attached to Change Order 11. Change Order #1 is for a net deduct amount of ($27,639.68) and final payment of $20,370.91. Funding for Change Order #1 is from 440-5179-536-63.55 for ($13,819.84) & 440-5179-5364Ø3.56 for ($13,819.84), 1993 Water & Sewer Bond. CC : Dick Hasko, P.E., Deputy Director of Public utilities C. Danvers Beatty, P.E., City Engineer William H. Greenwood, Director of Environmental Services A:MEM9373.DOC " ¡. , , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 93-75/93-77 DATE: PROJECT TITLE: Barwick Road and Lake Ida Road 12-inch Water Main Extension TO CONTRACTOR: Team Land Development, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final plus/minus quantity adjustments per Schedule "A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 257,043.75 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 257,043.75 COST OF CONSTRUCTION CHANGES THIS ORDER $( 27,639.68) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 229,404.07 PER CENT DECREASE THIS CHANGE ORDER 10.8 , - TOTAL PER CENT DECREASE TO DATE 10.8 , - CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Team Land Development, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Pro jll Environmental Services Dept. 440-5179-536-63.55 1993 Water & Sewer Bond for ($13,819.84)93075 440-5179-536-63.56 1993 Water & Sewer Bond for ($13,819.84)93077 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND : By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk " , , Schedule "A" Barwick Road and Lake Ida Road 12-inch Water Main Extension Project No. 93-75, 93-77 Change Order #1, Final ----------------------------------------------------------------------------------.-------------------------.--- Item Item Description Contract As-Built +/- C.O. Unit +/- C.O. No. Qty Qty #1 Qty Price #1 Total ------------------------------------------------------------------------------------------------------------.--- 1 Site Mobilization LS 1 1 0 $8,200.00 $0.00 2 Furnish and Install 18" DIP and Apprutenances LF 44 0 ·44 $52.00 ($2,288.00) 3 Furnish and Install 12" DIP and Apprutenances LF 4785 4238 -547 $28.00 ($15,316.00) 4 Furnish and Install 4" DIP and Apprutenances LF 22 80 58 $14.00 $812.00 5 Furnish and Install 18" Butterfly Valve and Box EA 1 0 -1 $1,720.00 ($1,720.00) 6 Furnish and Install 12" Gate Valve and Box EA 7 6 -1 $800.00 ($800.00) 7 Furnish and Install 8" Gate Valve and Box EA 4 5 1 $450.00 $450.00 8 Furnish and Install 4" Gate Valve and Box EA 1 2 1 $270.00 $270.00 9 Furnish and Install 2" Air Release Valve and Box EA 6 6 0 $2,210.00 $0.00 10 Furnish and Install Fire Hydrant Assembly EA 7 6 -1 $1,450.00 ($1,450.00) 11 Furnish and Install 18" x 18" Tapping Sleeve and Valve EA 1 0 -1 $10,200.00 ($10,200.00) Furnish and Install 18" x 12" Tapping Sleeve and Valve EA 0 1 1 $8,770.00 $8,770.00 12 Furnish and Install 12" x 12" Tapping Sleeve and Valve EA 1 1 0 $4,120.00 $0.00 13 Furnish and Install 8" Line Stop EA 1 0 -1 $3,400.00 ($3,400.00) 14 24-inch wide White Thermoplastic Stripe LF 6 46 40 $8.00 $320.00 15 12-inch wide White Thermoplastic Stripe LF 105 124 19 $4.00 $76.00 16 4-inch wide White Thermoplastic Stripe LF 660 942 282 $1.25 $352.50 17 Turn Arrows White Thermoplastic EA 1 1 0 $45.00 $0.00 18 Sod Replacement SF 8855 35392 26537 $0.25 $6,634.25 Seeding and Mulching SF 0 31289 31289 $0.16 $5,102.57 19 Pavement Repair Over Trench LF 1144 972 -172 $20.00 ($3,440.00) 20 Asphalt Walk Reconstruction SY 832 832 0 $16.00 $0.00 21 Concrete Header Curb LF 88 65 -23 $10.00 ($230.00) 22 FOOT Type IF' Curb LF 11 35 24 $24.00 $576.00 23 Traffic Maintenance LS 1 1 0 $6,750.00 SO.OO 24 Project Identification Sign EA 1 0.46 -1 $600.00 -324 25 Utility Allowance LS 1 0.15 -1 $10,000.00 ($8,500.00) 26 Video Allowance LS 1 1 0 $500.00 $0.00 27 Testing Allowance LS 1 0 -1 $3,000.00 ($3,000.00) Test Failures (Jammal and Associates) EA 0 20 20 ($16.75) ($335.00) 28 Indemnification LS 1 1 0 $10.00 $0.00 ------------.-.--------- Total Change Order #1 , Final ($27,639.68) Original Contract Amount $257,043.75 ------------ Revised Contract Amount thru Change Order #1 $229,404.07 ============ , , .' · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # f·Q· - MEETING OF APRIL 18, 1995 REQUEST FOR FINAL PAYMENT/FIVE STAR CONSTRUCTION DATE: APRIL 14, 1995 This is before the Commission to approve request for final payment in the total amount of $2/466.83 to Five Star Construction Company, for the generator enclosure at City Hall, Funding in the amount of $465.44 is available from Miscellaneous Expenses - Buildings (Account No. 334-6111-519-62.10) , and $2,001.39 from Renewal and Replacement - Buildings (Account No. 334-6112-519-62.10) . Recommend approval of request for final payment to Five Star Construction Company. .' ·, «~ Agenda Item No. VI ¿;) AGENDA REQUEST Date: April 7, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: April 18, 1995 Description of item (who, what, where, how much): Staff request City Commission approve final payment to Five Star Construction Co. for general construction to the City Hall Facility Generator Enclosure Project, project No. 94-72. The work has been completed as required by the contract documents. Final payment is in the amount of $2,466.83. Funding is available in account #334-6111- 519-62.10 ($1,999.89) and account #334-6112-519-62.10 ($466.94). ORDINANCE/RESOLUTION REQUIRED: Not Required Recommendation: Construction in work on the Cit Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : ~dget Director Review (required on all items involving expenditure funds): G Funding available: E YNO Funding alternatives (if etPJlicable) Account No. & DeSCriPt*~ -~ß- SIt{. ~ ~O :£N <;fR. - Btþ;,¡s Account Balance 4(C!;;1 AL t.G ON .0. 3=34- 01 17-- S ¡q. {ç 2--¡C EN· (1)ijS112 RffTZ= BLA)66 City Manager Review: ~ 'Z COI 3CJ B· AM P0 Approved for agenda: É~/NO -' I . - A'-' Œ Oil! . · Hold Until: --- tJL Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9472\agreq418 . . ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: José AgUila@ Asst. Const ction Manager Date: April 7, 1995 Subject: AGENDA REQUEST City Hall Facility - Generator Enclosure Project No. 94-72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff request City Commission approve Final Payment to Five Star Construction Company for general construction of the Generator Enclosure at the City Hall Facility. The amount of Final Payment is $2,466.83. The work has been completed to the satisfaction of the contract requirements. The architect and City staff have reviewed the project and recommend Final Payment. ($J.~%·ft) Funding is available from account #334-6111-519-62.10 and account #334-6112-519-62.10 ($466.94). 2,001. -39 cc: William Greenwood Richard Sandell File 94-72 (A) \esd\9472\agmem418 . . -_..__...._.-..-..~... ~ -'.'-' ,.~...,.~_ _ ·_·,···....~··~c~. _._..._ ._,._._......_.~__--".;-._.__.._._._._._._...,_.,."'.........._____-......'~_ L. '." ',), ,',,, I " ~ ,. T " \1 ,\ ,;" ,'~ ~ ,. T :: ; .' ~ .,.:: :: J. ~ o· '(.. 'It :: " ; .j. ~. : ì ,ì II ., I '... 'J r1 ! . W l'f ;-¡'4 ~ .., _ .1 I ¡.. .. w M 'I. ' ''t ; 1"1 .. _ :, I '~Ut: ' .., ... ~~-~C-::E-R--)~--------~-I~-Y-~F--~E-:R-:~Y·-:E-:;:------------:R-;.:;;.'~~-----------.-----------------------::P-:-lC-~-I~:-:~~-;-----~~~~~------~~-j~~:~ '\I \ ..ij. ... I w I.i ~ n IJ Ji\"1: r L,t"..\t I I ,.,r i. I~,;..in I,U, ..., .I" ¡ _. '-J J! J'>J )00 NW 1£T ~VE CITY' HALL EENERATCF. r DELRAY BEACH. FLDRI~A NO. 94-72 PERI2D TO: 2i17:9E I . t ARCHITECT'S I FROI'! (CONTRACTOR); FIVE STAR CDNST., I~C VIA ¡ARCHITECT;: PROJECT Ñü: 9~-90 I J9731118 TRAIL SOUTH DAnD ~ILLER & Assor r ".SOC~;:~~TC~" FL~RrDA 3349~ CDNTRACT DATE: C9f09!9~ ~ ,..,'.',. , , . ~ 'i ,. CONTRACT FDR: '.¿ ., CITY HALi eENERATDR ENCLOSURE ".,,.. ..,. ¡ ~ ~ ~'" ~-----------------------. ---------------------------------------------------------------------------------------------- .. ,_ _ '. ", '~"'~'~' . _. J.,... . . ,. . CONTRACTOR'S APPLlCATICNfORPAYI!ENT Applicationis lade fer Da"!le;¡t. as SilDwn :>elo;;. in ------~~-------;~~:~;"'~~~~y.~--~------------------------------- connectIon ;;ith the C~,tract ~ont. 'Sheet'as ~tiached ,·CHA..GEcOROE~·uS';7:1§f!'--f:;ir.~-:;:,~i'i: :,. .' .' ·>c.~',:ù;"";',,;L·/;,j~,,,,';,::,'· ""~ '., '~I- ". ß:'\, V"."1'~ iJ!i.m'i'J4. ./-"'?{... ~ A. ,0 -__..~ . ....~_j :p,...ff..\-,"*,:,!.(" -:<~'''W':'' .".+.:~f~p:.....",~21_.,W.'*....>, i_!.>~;." ..,.^.r,;,,f,Si"""-_"~''''''~ .'>1~;'f'~~:1~, ..:;~~i~-,t:.. ,,-'t' ,,,,::,,' ::'Á"~-" .' ,. _.' -. ,. - '." -. -: ":'."'t;:./~--,,; ". ,.- '~. ~. ...' ,- ":, " ,,' ,- - '..0, '.~'. ."", __';~..,; ....., ,"C- ----------------------------------------------------------------- 1 ',t¡it;,t':;;~::~'t~·~:~i{;?( Ie I T nttlC - I 1... '. ~' ....'. ", .,., n· .~, . ,<.,','<:t!...'"'.\~,',' ADDITION.. t . OEDUC.I.......!. .. O.,gIn..l Contr..c. SUI....._.,...-.....,...... ..b.3v3.... :CHAHGE ORDERS APPROVED IN: : : 2. Net Change by Change Crders..,.......,...; 1,033.22 ;PREVIOUS ~ONTHS BY OWNER---): l.033.22: : 3. CONTRACT su~ 10 DATE (lines 1"2)....,:,;',; 30,336.52 ==============~=.======--==========:===========--=================== 4. TOTAL CO~PLETED AkD STORED TO DATE,.... ... '3C.336,S2 : APPROVED THIS MONTH : '.: (Coluln G on Contii1uation Sheet: : ------------------------------- ; ; : 5. RET AINAGE ' I : rfUI'IBER OR : ~~TE : a. 051 of COloleted Woric. , .. .. . " . , . .. .. ,:}.ùO : DESCRIPTION : APPROVED: (Colu;n D+E on Continuation Sheet! ;-------------------------------:: b. 101 of Stored "ate~ial.,..... .... ,.... : : (Coluln F on Continuation Sneet) : ::: Tot¡l Retainage (line Sa+Sb or : ': Coluln I of ContinuAtion Sheet)..,." :. . : ::: 6, TOTAL EARNED lESS RETAINAGE............. : . '. : :;tlinè "t le~s ÚniS:TotaU ----------------------------------------------------------- 7. .: '·lESS PREVIOUS."CERTlFICATES FDR : TOTALS: l,033.22: PAY~EHT '(LIne 6 prior Cartifititeì, .., 27,363.79 ----------------------------------------------------------------- --)8. CURRENT PAY~£NT DUE.. ,..""""""., 2.iSS 83 : Net =hange ~y CHANGE DRDERS 4,033,22 : :? BALANCE TO FINISH. INC, RETAI~AGE", ",., 0 CO --------------------------------------------------------------- lL¡ne 3 Ie;; Line 5) The undersigned ContrActor certifies tr.at to the best of the Cor.- ----------------------------------------------------------------- tractor's knowledae. information anc belief the ~ork covered by this Aoplication io~ Pa,¡ent ~as ~eer. :~Ipietad in accJrjance $TATE QF FLDRIDA CDUNTY OF ?Al~ BEACH >#ith the Contract Docu::ents, that all ¡¡ounts haee been paid by . .JJ the CJntractJr for ~or~ for ihit~ JreviJus Certificates for Pay I ;e t~is ~_ day Jf MEre issued an payments receivec fro; the C~ner, and that curr I DaYllient.,.shown t'iêr'i' is now j:¡e. ~,/" '".:".." ~': ,\ F ' " :en IRllrT4 ." ~;¡ .) v 'l")-;.f ~¡ ,. _ , ')~',1 !fA( ¡ \ (~ J'!y CO"Ission Ex res:, t : ~'J I '" ,~,.; "-, Cate: ,,,,, : ',. . . -'"-~--....,..---------T'--- ----------- __.1.iL______ ".'0·. ... . . ., " .... '\ ,.... - . , ___c __)_______J_______-.-------------------------------------------------------------~~-~-~ I . -- " \ '. \''' ,'~ :'~ ~ ~ . , ARCHITe.~,r.~6';E~V~~eA{B t9R.~pY,~E~~; _' '(, _ '. I Ii "C- C. . " . . In ac.co,~,CJa%i ~l\~~~M;..~~rtrac,t}>os~,~ent"~,þase(,on,, on SI.e A~lJ..~T ....xTIFI..D...... ,. ',:' ,..... , . . .. . $ uu___________u_ observations '¡nènhedah~hlprf5'ina the boveapplicàtion, tM , lAttatn explanation if amount. certified jiffers fro; t~.e alou:¡~ . ,,--;,": , ,,"._ ,___....'; 'V'~.""·""~"":"'::' .'__.'c:",_"" ,,;-' "_'". ' , -", , .",';' '. - " ." ".'., .,,'.,':'-" -"_ _ ','" '" ' Architect certiflÊs' to~thê·best of the Architect's kno~ledgEI appile¿ for: ., inf orlaiionand beliefJhe:Jortnas ¡:¡roqresseCl as indi cated. the ~RCHITSCT ~ au¡li ty'of the"lIork. is~in'ac corCana with, ihe Contract Docu;ent;. and ihe Con;trat t~r}~}nti ilad ~o :¡a¡';ent Jf tha ~r.;)!JHT CERTIFIEJ. gy: --____________________________u____~ )H~: .________________ This Certificate js r.ct r.egctiätle The A~ÐVNT CERTIFIE~ ¡S rayäble o~i, to the Cortractcr niJed r.E;e¡~, ¡:.~an::, ,a,lent 2nd ;::eptö"=e cf caV~E~t ;ìE ~:t~v~t :~E~~::ce tc ir., T1çrt: ct ~~E c~nE: Cì CChi¡act:¡ ~ÑtET t~¡E [Cht~a:~ ~ -------------------------------------.-----------------------------------------------------------------------------~--._------------- 1 < . -_. - ._....,,~._._..-._.-....._._...._. ~_.,--. _..- -' .-.-- -_._._._-........,.\--...,._'"".~,-~...-.__..._....T'..._""-~. . , t I r . APPLICATION AND CERTIFICATE FOR PAY~ENT - CDNTINUATION SHEE~ P~GE 2 --------------------------------------------------------------------------------------------------------------------------------------- PRDJECT: CITY HALL GENERATDR AP?U C;¡ TI ù:-: 'I~: S .\ , ., CONTRACT FDR:' CITY PROJECT NO. 94-72 PERIDD fD: 2117/95 TD: CITY OF DELRAY BEACH CDNTRACTOR ;:¡'JE 5TAR CDNST PROJECT ND 94-901 --------------------------------------------------------------------------------------------------------------------------------------- , · A ~' 8 . C . U . E . F' S . '1 ' f .r ,7,'/·,. \ ;--,--;-;:;'c"c~~,>,~----------;------;;;;~;~;¡j-.,j;-;_.-;;;~;;;~;-.---;;;;;------------.-:--.-------=:-::;-:Z;Ÿi~¡~, :ITEIt .(;~;2·rDlstRrpTïrift·' : SCHEDULED : PREVIDUS:··· jHIS'<';"':··PRESENTLÝ~:COI'IPLE18 9ÁtA~CE""·~1i~';f;;"i~~;~ : ttO : .;: : VALVE : APPLICATION: PERIOD : STúRED :AND STORe : _I SIC.! ; TO F¡NISH:;1ETAl~ASE,:;, : : :: (O+E:: : {I~OT IN 0 : TO DATE: : : :C-GJ . · . . : : : DR E) : tD+E+H : : · .' . ---------------------------------------------------------------------------------------------------------------------- ..-. '" Bonds and ~nsur¡nce .' ! ,103.40 1,i03.40 0.00 0.00 1,103.40 LOO 0,00 J). C .. Concrete 5,700.00 5,700.00 0.00 0.00 5,700.00 l.OO 0.00 0." S~eeI 1,500.00 1.500.00 0.00 O,OC 1,SOO.OO 1 f\4\ :) "1\ IU .'1'" ,.,., l'Iasonry 1,000.00 1.000.00 0.00 0.00 1,000.00 1.00 O,~O o.ú Trusses 3,500.00 2,500.00 0.00 0.00 3,SOO.OC 1)0 0.:)0 0.0 . Sheating 1,500.00 1,500.CO 0.00 0.00 1,500,00 Ut) 0.;)0 .\ .\ .,.., Electric 2.200.00 1,700.00 500.00 0.00 2,200.00 ! .00 0.00 ¡U Roof ing 2.800.00 2,300.00 500.00 0.00 3,800.00 1.00 0.00 0.0 Stucco 1.100.00 J,100.00 0.00 0.00 1, 100.00 LOO .0.00 00 Doors and Hardware 2,500.00 2,500.00 0.00 0.00 2.500.00 UO 0.00 0.;> Drywall : ,200.00 1,200.00 0.00 0.00 1.200.00 LOO ,).CO 0.0 Paint 1,000.00 i,OOO,OC (LOO 0.00 1.000.00 I"" ~·.OO O.Ù ..." Landscape 200.00 200.0C' 0.00 0.00 200.00 100 ~). 00 1'1\ 'J _.... Change Order 11 . /I.,., '\~ 4.033.22 0.00 0.00 4.C33.22 I :\f\ '), i):) :) 0 ... V~L",.I." , 'JV , , I f ! --------------------------------------------------------------------------------------------------------------------------------------- I TOTALS 30,336.62 29,336.62 J , 000 . 00 0.00 30,336.62 I I I I I I ! , FINAL RECEIPT STATE OF FLORIDA COUNTY OF PALM BEACH , Paul V. Malanaohv being first duly sworn, deposes and says as follows: 1. HejmI}èX is President of FIVE STAR CONSTRUCTION, INC. (Title) (Name of Corporation or Firm) a Florida corporation which is named in Construction Contract dated the Ninth day of September , 19 94, between said corporation as the CONTRACTOR and the CITY OF--¡)ELRAY BEACH, FLORIDA (the CITY) as the OWNER for the construction of: PROJECT NAME: City Hall Generator Enclosure CITY OF DELRAY BEACH PROJECT NO: 94-72 CONSULTANT PROJECT NO: 94-701 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to all work, materials and equipment under the Contract passes to the CITY at the time of final payment, free and clear of all liens, and all labors, and materialmen and subcontractors have been paid in full for performing or furnishing the work, labor or materials under the Contract. 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $ 2,466.83 shall constitute a full release and discharge by CONTRACTOR to the CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and material furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. FR-1 ¡, - 5. This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida Statutes. FIVE STAR CONSTRUCTION, HK. Gan~or Signed and sealed in a ..j ~ fl-h-_ the presence of . . Signature ' PRESIDENT Title Sworn to ïd cribed befo~ me JIYla~ , 19 9 <) . . My (Jdek-, ~/fi (SEAL) (j) -UHEt. .*í ~ MY Tr"iSION' cc 111474 ....).' EXJIIES: 0øIDIIIr 11. 1. , . .......- NaIIIy P\IIIIc ÜIdeI'MIn r FR-2 " ' C/~ ~ [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRAY BEACH F lOR: D .... bad AII·America City MEMORANDUM l' III! DATE: April 12, 1995 1993 City Commission TO: FROM: Susan A. Ruby, City Attorney SUBJECT: Ann Finney-Lucas vs. City. et al- Appointment of Outside Counsel The suit alleges violations of a Title VII, 42 U.S.C. 1983 and 1985 and Florida Statute Chapter 760 arising out of her employment with the City. Our office recommends the appointment of outside counsel in the above- mentioned case. The firm of Carson and Adkins have agreed to represent the City and other named defendants for $100.00 per hour subject to City Commission approval. By copy of this memorandum to City Manager, David Harden, our office requests that this matter be placed on the City Commission April 18, 1995 consent agenda for City Commission approval. ~ cc: David Harden, City Manager .... Alison MacGregor Harty, City Clerk Leonard Carson, Carson and Atkins ® Printed on Recycled Paper ?P ., , " - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'111. SUBJECT: AGENDA ITEM # ?JQ - MEETING OF APRIL 18, 1995 AWARD OF BIDS AND CONTRACTS DATE: APRIL 141 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid Award - to Siga Incorporated for installation of the ~ irrigation and landscaping in conjunction with the West 5~~ Atlantic Avenue Beautification project, in the estimated total amount of $292,367. Funding of $186,118 is available ;ø from 22 8 - 4141 - 572 - 61 . 31 , $10 0 , 24 9 from 3 3 4 - 4141 - 572 - 61 . 3 1 , ~~~.l, and $6,000 from 115-0000-248-68.00. The maintenance portion 4tP . tt· of $22,386 is to be funded from 119-4144-572-46.40 in the FY Jo q, 1996 budget. 2. Bid Award - to Snap Tite Hosel Inc. , via Dade County bid, for purchase of 20 sections of 5" Dura Light Fire Hose, at a total cost of $10,800, with funding from 001-2315-526-64.35. 3 . Bid Award - to Kaiser Pontiac Buick GMC Truck, Inc. for 2 light duty utility "Jimmy" vehicles, via Orange County Bid, for a total cost of $46,597.82, with funding from 501-3312- 591-64.20. .' . . . . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT r/iB FROM: NANCY DAVILA, HORTICULTURIST ò)O RE: WEST ATLANTIC AVENUE BEAUTIFICATION DATE: APRIL 12, 1995 ITEM BEFORE THE COMMISSION ~ The item before the Commission' t co s'd ration of the award of bid for $297,509.04. BACKGROUND is the t has been let for bid. The previous 21, 1995. All of the four bidders were ed project cost of $280,000.00 for landscaping. jected those bids on March 7, 1995. The 1995 with the bid opening on March 30, 1995. ids ranging from a low bid of $297,509.04 to Con ultant, Colteur Hearing commented the range of s read, which is an indication of both competitive ss of the specifications. While the bids were total price, the lowest bidder was still slightly udget. PLease keep this contract includes a one year maintenance provision i $22,386.00 which will be funded out of the Parks Department's the General Revenue Fund. is as follows: Decade of Exce lence $186,117.93 Beautiful Pal Beaches & DOT Grants 92,000.00 Parks Depart ent General Revenue for one year maintenance 22,386.00 ------------ Total $300,503.93 ~~.~. 1 ((T1~ c¡.~1 " , . Project costs are identified as follows: $297'~ Low Bidder, Siga Incorporated Water Meters, 9, 1" meters @ $1,915.96 + 17, .64 Total Project Costs $~;;~~; Total Available Funds - 00,503.93 Additional Funding Needed 1---------- ~ $ 14,248.75 the Consultant explained in his letter to me, As the difference in the estimated project costs and the bids received re ins in the irrigation system. While lower cost irrigation alternati sexist, the system is designed to be compatible with the citywide mas er plan for irrigation and water conservation. The lowest bidder, Siga Incorporated did landscape installation on the first phase of the Tennis Center, which were pleased with. Cot leur Hearing has also worked with Siga and atisfied with their performance. . RECOMMENDATION I Our Consulranr Cor leur Hearing is re~ending rhe Bid No. 95-32 be awarded to Siga Incorporated in the amount f $297,509.04 for the installation of irrigation and landscaping on West A antic Avenue. rJ~ if LJ ~. V 2 . .. . . FROM': COTLEURÞHEAR I NGÞÞ PHONE NO. : 407 747 1377 Apr. 12 1995 10:24AM P2 . -...... .... ., . COtleur l-iearïOg Land~pe Ãrd1ifeetvre April 11, 1995 PlaMing erwlronlMntoJ CoIlluhing Graphic De¡ia" Ms. Nancy Davila City of Delray Beach Planning Dept. 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: We.t Atlantic Avenue Beautification City Project No. 94.006 Our Ref. No. 94-0805 Dear Nancy, On Thursday, March 30, 1995. the City received and opened the bids for the West Atlantic Beautific;:ation' Project from the CSX Railroad to Military Trail. This bid was.a rebid of those received on February 24,1995, which were sUbsequently rejected by the Commission. Seven bids were received, ranging from a low bid of $297.509.04 to $343,609.17. Siga landscape of Fort Lauderdale was the low bidder, as was the case in the first round of bids. The revised bld$ were signIficantly reduced In total price. however, still šiightly over the total project budget. Thè range of the bids were much tighter in spread, which is an indication of both competitive bidding, the tightness of the specifications. The available funding, which has been set aside for this project is as follows: $186,117.93 Decade of Excellence $, 92.000.00 FDOT Grant $278,117.Q3 Total Available Funding The low bid received for the project as ourrently specified is $297,509.04. A one year maintenance period, which has been incorporated int9 the contract documents, will be funded out of the Parks Department's budget. The portion of the bid to be funded from available funding identífled above Is $275,123.04. In addition to the bid costs. the original project estimate included the cost of Installing water meters for the irrigation system. The Water Department's charges for the installation of the required nine water meters is $17,243.64. Including the cost of the water meters, the available funding Is $14,241.8.75 short. Sui,. 4Q2 1070 E. Indiorltown Road ~Ior, florido 33<117 7·747·6336 fA)(747·1377' . . . . ·FROM·: CDTLEIJRItHEAR I NGItIt PHONE NO. : 407 747 1377 Rpr. 12 1995 10:25RM P3 . $297,509.04 low bid (5iga Landscape) þ 22,386.00 Less maintenance (funded by Parks Dept.) $275,123.04 + 17,243.64 Water Meters (City Water Dept.) $292,366.68 Total projeot costs (Less maintenance) $278.117.93 Total available funding Þ292,S66.6B Less total project costs ;::( 14,248.75) Required funding While the rebid did reduce the project costs, we had hoped for a greater reduction. The difference in the budgeted project costs and the bids received remains to be In the Irrigation system. The proposed irrigation system is designed to be compatíble with the City wide Master Plan. ,This system contains specialized computerized controllers and flow monitors enabling the City to operate the system from a central location. Due to the County's design of the roadway, additional controllers are required to operate the system. While lower. cost irrigation alternatives exist, we would not recommend them. Such alternatives would compromise the CIty's Master Plan and result in additional long term water and maintenance costs. Based on our review of the seven bids received, it is our recommendation that the project be awarded to Siga Landscape of Ft. Lauderdale. Our firm has worked with 91g8 In the past and were very satisfied with their performance. Should you· or your staff have any questions, please dOn't hesitate to contact me. DEH:cc . 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" , .' . . ·FRDt'f: COTLEUR\:tHE¡::¡RING\:t\:t PHONE NO. : 407 747 1377 ¡::¡pr. 12 1995 10:25AM ?5 .....~....- !S''''Zeo" 1;i!6¡ °a ~iif!ØI~i '~I =i¡ i¡lt¡¡ 0" sa 88888 8¡~t -~ 8a~& ~"I 88g18 . gg ~~ ~ i---- - !S~IJ:~t: /::!t_IUltlfII ~~lSts!i ~; ~.........~....... ... .. ... .......... ..",."N'" ~~ ~ ......"''''..w W"'O fi)t;(ñt¡¡¡; ~~2!~Qi!~ ~~QQ~ ~~ II IiJpai I ~~ce~s ~¡ ~;H~~Iij>ë<:jiIi !!I ~¡:2 c II i m ~ r3~; i~~ãi~IJi ~"'~1OI:m i~i~I¡12 FõñCII m ~~~ª;i II :;VOX :Þ ~PQ¡; IK ¡~~Ii ž~ I~~I a·l~ ~i~~2; ~g~~ x !D ~ ~~~ ~~i!~~ ~ . ~~8 ~i~ !~m~ ~9l~~cn~¢¡: þ!. !~~ ~ c~ C cO( c -< ~ i~~ ~I to ::ICi!~~ Q~ m~'1ì ~ i "c:~ ~ ~ z 5õ"g I ! is rl~~ ~I rê!5m ~ ¿1 ~~'g I " fS :¡ :.(~~~:;v "'<: ~ I:~ i rII ~ ~ m g:J; i: 11: ~ ;;! -~ i m I: ~ ~ m {! z ~ fA ! 0 !1-.~;%.~ ß JS ~!J m -:-;;¡;; ~~~~fi~ I Z N f'" I "'-~OO""'''i-~ IPi ¡; , .... x )C M k ~ Þ< "ItI..' ~.."J" ~Qo ctq"'!~"~ ~ ....~~)("I..o .. " " oq> \I~ ~ ~ ëi~"I ~ ~>. 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N 88888 88in:aig8 8I8¡¡88 g¡2t~~~8:J: si!¡is ~ 8i:1S8tt. - i ~ ... 1:*~ "'1£!: tit ~ !%~e gil~~~~ ~~;~~ !2U ~... ~B~~m1: :: ~... 0$ ·iii § ~~Br~ !~::t~~ ~~~ ~!~~ ~g~ ~ ..~ g 8Bti>tg~~ . , ~B~¡' ~ 88888 b:~~~8 ~ö:~~~i~~ gg& ~B8 S~8 ~ " , .. · Agenda I tern No.: ¡.Q~ AGENDA REQUEST Date: April 13, 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: April 18, 1995 Description of agenda item (who, what, where, how much) : Purchase of 20 sections of Snap-Tite (5") Dura Light Fire Hose to Snap Tite Hose, Inc. per Dade County Bid #2121-1/96-0TR at a total cost of $10,800.00 (100' section at $540 p/section) ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Snap Tite Hose, Inc. for purchase of twenty (20) 100' sections of fire hose at $540.00 per section at total cost of $10,800.00 per Dade County Bid #2121-1/96-0TR from account #001-2315-526-64.35 pepartment Head Signature: Deter.ination of Consistency City Attorney Review/ Recommendation (if applicable); .. Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO Funding alternatives . (if ap1àtc~ Account No. & DeSJ~tion: OOf-¿:¿;{0-6L~~ft¡/f-~~ ë.1 - . oN;- Account Balance: JOCO ~MP; tt tkf;ES City Manager Review: Approved for agenda: @/ NO 8Y( Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .' " , · M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer c¡ DATE: April 12, 1995 SUBJ ECT : DOCUMENTATION - CITY COMMISSION MEETING - APRIL 18, 1995 - PURCHASE AWARD - FIRE HOSE - VIA METRO DADE COUNTY BID #2121-1/96-0TR Item Before Commission: The City Commission is requested to approve the purchase of fire hose For the Fire Department from Snap- Tite Hose, Inc. via the Dade County Bi d #21221-1/96/0TR at a total cost of $10,800. Background: Bids for this contract are available via Metro Dade County's Bid #2121-1I96-0TR, which was awarded on September 13, 1994, per attached documentation from Metro Dade County. Snap Tite Hose,Inc. has agreed to extend their bid prices to the City of Delray Beach, per attached memo dated April 10, 1995. The Fire Department, recommends award to Snap Tite Hose, Inc. for the purchase of twenty (20) 100 foot sections of Snap-Tite (5") Dura Light TPXR Hose - part #FSH50TPXR100/3 part Red - at $540.00 per 100', for a total cost of $10,800 per the Dade County Bid #2121-1/96. Recommendation: Staff recommends award to Snap-Tite Hose, Inc. for the purchase of twenty (20) 100 foot sections of hose per Dade County Bid. Attachments: Metro Dade County Purchasing Contract Award Sheet Letter From Snap-Tite Hose, Inc. cc: Chief Wigderson, Asst. Fire Chief ?O.~· . PI620U02 City Of Delray Beach Florida 4/13/95 Nbr : 0000033558 Purchase Requisition - Buyer Processing 8:27:27 Type information. press Enter. Reason . · · · · · HOSE By . . . · · · · · REQUESTING R.TILGHMAN____ Date . . . · · 041395 Vendor number · · 427 Deliver by · · 041395 Name . . · · · · · SNAP-TITE HOSE INC. Search (F4) . · (B/C) Ship to (F4) · · · Sl FIRE HEADQUARTERS Comments . · · N (Y IN) Options - A=Add info. C=Comments, D=Delete. G=Generate p.o.. Q=Quotes Line Com Sub Quantity UOM Unit Cost Opt Nbr (?) (?) (2 decimals) (?) Description (4 decimals) 1 20.00 EA 100 FT. SECTION SNAP TITE 540.0000 - - - - (511) DURA LIGHT FIRE HOSE - - - - PART #FSH50TPXR100/3 PART - - - - RED AT $540.00 PER 1001 - - - - - VIA METRO DADE COUNTY - - - - BID #2121-1/96-0TR - - - - INCLUDES FREIGHT - - - - - - - - - - Total . . . 10800.00 F3=Exit F4=Prompt F7=More info F8=Req quotes F9=Gen P.O. from all F10=Vendor file F12=Cancel F13=Return to sender F15=Acct dist F18=Print F19=Send to bid processing 04-22 SA MW KS 1M II Sl DELRAYCH KB . , .' " l' . . . AP~ 10 '95 15:49 FROM SNAP-TITE U.C. TO 14072437461 PAGE.001/005 I ~.1ita ~m__ [; I . Union City. PA 16438~ USA FAX MEMO FROM WILL PATTERSON . PH: 814/438-7616 180-9001 Certified FAJ(:8141438-8163 HOSE, INC. FAx..: L{o7 -,."1 J ~ ÎLf~ I 800-843-4]27 f)-eI/~'7 .iJ-é'Q[h Fi~ {).e¡ðr Number. Date: q/Í,,/~ç " Ch/~* ¿J;Jk~~ Inquiry Reference: ¡tJ A~ 4: CrP'7 ,( /h-Q-dl- f) ~ dJz., F¿ ~cf- Page -L O! -.L Ch~f ¿Ji; ~,¡/S-er1 J 'Cd,ø"/ 0-1 C~ø- vJlÁ [)IiÚ Cf-:/_) r=-¿ I /1 ¡;''-I~ /o/31/"Š Cn¡3 - S-d /px f:/Ds"c, PI -c- Q n~: ~/?e¿, /:7 IS" fJ&1f! #- Fs/'l-57:J 7rx= IO¿;J3P~~1 ~ 8' 5""'Vð.ðÓ /e~ . C ~7'Yð ef ;0// c.e..- -- p¡~'5~ re.:f'(!;/ ~ t51 d .AI 0 y- G.r.kc-l-' dl L7V' ¡;;¿ 1/ t:1 æl.J7 /'ý , , ,Ii Fh:lfA-I- fl4( d ~ ó-I( 0- rd!..i rr ~ Ç;Oðð.Oð, AI/ððÍt/ , . ¡..¡-'C """.r a rc, tWél.;I¡¿£~ /~ 7'-hís- c~ /r7· (U.d -¡L Oú(- ;2-?(.!)- 'Z~- (Pr¡.3~ Grt~· dO ~ ~o 0 .() Ò /0) '" 5,-/0.00 ::. -~~~~ . -.- -- ".---' ~- By ~ If;1.Lf:0::::7 Distribution CG} ~r~S' .' ..c:/_F b Title S;G.r ~/.. 'j I " · l' ' . 'AÞR 10 ' 95 15: 51 FROM SNAP-T ~ TE U. C. TO 14072437461 PAGE. 004/0Ø5 , METROPOllTAN DADE COUNTY BID NO. ZlZl-1/96-0TR , . BID PROPOSAL FOR: FIRE RESCUE REPLACSEft EQUIPMENT - FIRM tW£: .snå.,-tite Hose, :''1c.i?ONN -- .Ll -::w- ...~ =:,--:--==--= ---:----: -'if ...:. - Item Description Unit Price ." r .... -= ~:-::-:-:--: -:: í -= =-:- -=-== FIRE HOSE COO'e f'JIJ G. l 1/2" ID X 50' coupled with one Male and S 102.50 one female aluminum tapered coupling (2 1/2" NST) Part #: PSD-25BLi50/25NST H. 3'1 ID X 50' coupled with one male and one $ 140.00 female, aluminum tapered coupling (2 l/Za NSrJ Pa~t I: PSD-30BLI.50/25NST ~O . Total Fo~ Group 2 $~,049.50 Group 3 ~ $ 322.00 qÜ;J C. S 198.00 C. $ 49.6" E. 5" SPANNER WRENCH $ No Bid part #FSPH-5/OM (Not available any ~onge~.) .... _ F. HYQRA-ASSIST VALVE (5" Storz to 4 1/2" NST $ 731: 50 .. fema1e swivel) part 'FSHV50FT45HST/LKHO : Part #: FSHV50FT45NST G. PORTABLE HYDRANT (50 Storz intake X (4) $ 888_2~ Z l/zn NST male gated outlets X (1) SM Storz Gated outlets) part 'FSMSIZ5NST/RV/PG/LKHD P!U"t'.ih FSM5lM25NSTJRV IPG H. GATED BALL VALVE (5- Storz X (3) 2 1/2" NST Male) part IFSQSOFTZSNST/RV/LKHO $ íßo.Oo Part I: FSD50FT25NST/RV I. 5" STORZ GATED \rIVE (Sa X 5" X 511) $ 784.00- part ,FSGWSOS50/RV/LKHD Part #: FSGW50S50/RV , ' . Page 13 ,:'~ . ' ""< ."':. . ~ ,..~ ' '. .. .,... '.:,., . -'-~ ~ .,.,. ~.'""-_._' :". , ~;;'¡"¡~.f'\:.;7.'<~~'~~<"'~i!i'-'4 ..:.,,;¡,&¿~,r;¡._.' ..A-"· ,_c-~....~,....'.;;a-'~ ' .'_~I...:~:~~..~:~... io\~_';"_ ø:!-;:'~" '~...'~:"'~~"'~;;...i.-. ..~: . Y~".":~, ~ ,I I ,. . .... . Agenda Item No. : ¡.O.3. AGENDA REQUEST Date: April 13, 1995 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: April 18, 1995 Descript~on of Buick GMC Truck, Purchase of two Inc., via Orange . ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Kaiser Pontiac Buick GMC Truck, Inc. for purchase of two (2) light duty utility "Jimmy" vehicles at cost of $46,597.82 from account #501331259164.20 ,----~- Department Head Signature: Determination of Consistency wi City Attorney Review/ Recommendation (if applicable): . Budget Director Review (required on all items involving expenditure of funds): 9 Funding available: lYE I NO Funding alternatives, ~f ~ble~ Account No. & Descri~tion~-'Ôðt)..,-sql. 0 - f:- ~CLe Account B,~lance: J(O I ']A ~EÑT City Manager Review: Approved for agenda: ~~/ NO [''it) Hold Until: ' Agenda Coordinator Review: . Received: Action: Approved/Disapproved " ·' M E M 0 RAN D 'u M TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: April 13, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 18, 1995 - PURCHASE AWARD - LIGHT DUTY UTI LITY VEHICLE - GMC "JIMMY" VIA ORANGE COUNTY BID #Y-5-116C Item Before Commission: The City Commission is requested to approve the purchase of two (2) light duty utility vehicles, GMC "Jimmy", at a total cost of $46,597.82. Back~round : Bids for this contract are available via Orange County Bid #Y-5-116C which was awarded 12/19/94, per attached documentation from Orange County Purchasing. The Fire Department, recommends award to Kaiser Pontiac Bui ck GMC Truck, Inc. for the purchase of two (2) light duty utility vehicles via Orange County Bid per attached memo. Recommendation: Staff recommends award to Kaiser Pontiac GMC Truck, Inc. for the purchase of two light duty utility vehicles per the Orange County Bid for a total cost of $46,597.82. Attachments: Memo From Fire Chief Award Letter From Orange County Purchasing cc: Chief Rehr, Fire Chief Chief Wigderson, Asst. Fire Chief f. 0·3. . .' . . [IT' DF DELIA' BEA[H FIRE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH pELLRoAXB~AP1M E MORA N DUM ~ '111 t~O: DAVID T. HARDEN, CITY MANAGER ROBE*,HR, FIRE CHIEF 1993 THRU: FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: MARCH 23,1995 SUBJECT: PURCHASE OF REPLACEMENT VEHICLES In the preparation for the purchase of vehicles for the Fire Department our Specifications Committee has investigated locally at Sherwood Pontiac - GMC Truck Inc. and Orange County, Florida bid to see if they have comparable specs that have already been bid on. We found that Orange County, Florida had specs and received bids on a vehicle that would be appropriate for Delray Beach. I would like to tag the Orange County Bid No. Y-5-116C, dated 12-19-94, to purchase two (2) light duty utility vehicles, GMC "Jimmy" TTI0506. The base price per unit is $21,408.91, which includes the GM warranty of 5 years, 75,000 miles with zero (0) deductible. To purchase the 6 year, 100,000 mile warranty with zero (0) deduction would cost an additional $1,200 or $975 for 100,000 miles warranty with a $50 deductible. ~ I would recommend: S Option #1: Police Package, minus the spotlight, at the cost of $690. This ~ includes power windows and locks tJÔ Option #2: Heavy duty trailer towing equipment for towing up to 5,000 lbs., ~ for a cost of $230. Base price with 5 yr175,000 mile warranty $21,408.91 Option # 1: Electric windows/locks 690.00 /1/6- Option #2: H.D. Towing package 1~ge.OO~ Total cost per unit including delivery to Delray Beach $2Íaf8.91 Z~ 2. 7~, q l Total cost for two vehicles is j1'~-¿'CJ¿? $44,651.8-2 "''1'/5'9 7. ~;7. {/ '1te./I·' This amount is $407.91 more, per vehicle, than our approved purchase of Ford Bronco's earlier this year. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461 Printed on Recyled Paper ,. · , . Page 2 Memorandum D. Harden, City Manager Vehicle Purchase Attached to this memo is a copy of the Orange County and Sherwood Pontiac- GMC Truck Inc., bid. If you are in concurrence with this purchase I will notify the Purchasing division to proceed with this order. If I can be of any assistance concerning this request, please call me. /1f8~/V~ M. B. Wiiderson Assistant Fire Chief MBW/mmh Attachment , - ,.-,....., ' ' ~1·'.(. _-21-'''' 17'5'7 ID:KRISER PONT'IRC TEL NO: 404 736 0219 t:e72 PØ1 ... , .. ,. Jranqe - County rurchasing and Contrads Department : ,::! Warren Gelk}" Chief of Purchasing and Contra~ts 201 South Rosa1i1\d Avenue,3rd Floor . ReplyTo: Pt.st Office Box 1393 J , I Ot~ndo, F'Jorii.~a 32802-1393 I Telephone (407) 836-S63S I . ! ! ~ERH CONTRACT NO. YS-11'O (Automobiles .n4 Light Truok.) (Specification '070-250-310, 010-300-205, 070-400-200, 070-444-200, 070-444-210, 070-500-410, 070-544-410, , 070-544-420 . : TO: Kaiser Pontiac Buick GMC Truck, Ino. POBox 2813 Deland, FL 32723-2813 I ¡ This is to inform you that the Orange County Board of County Commissioners hereby enters into a terro contract subject to i the followinq: ! i TERMS AND CONDITIONS · · ~ ' 1. Acceptance: · This contract is our acceptance of your offer in response to our Invitation for Bid No. Y5-116-GJ, six (6) Month Term Contraot for J'urnishinq AutomoÞi1es and Ligh1; Truoks, and is subject to all terms and conditions therein. I · 2. Term of Contract: · A. This is a term contract for the time period specified ! in the referenced Invitation for Bid, for the ! products/services covered by this contract. The ~ County is not obligated to purchase any minimum I of . otherwise amount products or servl.ces, unless i i stipulated in the Invitation for Bid. J i ! I B. This contract is effective Deoember 13, 1994 and i shall remain in effect through June 12, 1995. I I ! c. This contract may be renewed, by mutual agreement, if I so provided in the Invitation for Bid. Any amendments to this contract must be in writing and signed by both partíes. ! D. This contract may be cancelled or terminated as provided for in the Invitation for Bid. paqe 1 Qf 2 ~ - ¡, ,. , ' -21-'95 17:58 ID: KA I SER PONTl AC TEL ¡..o: 4Ø4 736 0219 ~PØ2 Ordering against Contraot: A. Unless otherwise 8pec::ified in the Invitation for Bid, the County wi'.l plaoe orders by issuance of a numbered Release oz.ier against this contraot. Each Release Order will specify the quantity, description and location for delivery. B. The obligations of Oran~e County undér this oontraot are subject to need and availability of funds lawfully appropriated for its purpose by the Board ot County commissioners. 4. Taxes: The County has the following tax exemption certificates assigned. A. certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption certificate No. 58-12-090729-53C. 5. Invoicing: A. Invoices must be submitted, in duplicate, referencing this contract number and the Release Order number to: , Orange County Finance Department P. ,0. Box 38 Orlando, Florida 32802 B. Invoices against this contract are authorized only at the prices stated' in your bid response, unless otherwise provided in the Invitation for Bid. BOARD o~ COUNTY COMMISSIONERS :~~~LOJ}N Warren Geltch, C.P.M., CPPO, CPCM Chief of Purchasinq and Contracts ..-- DATE J~/tr¡ff , . . " , 'paqe 2 of 2 (Revised 7/14/93) .' TEL NQ:404 736 0219 **872 PØ3 . . - MÁR-21-'~ 17:58 ID:KAISER pONTIAC - . I . .. KAISER PONTfAC.RIIlCK·GMG, INC.. ... .I I 1590 S. WMd/:'I1Ó Blvd. .' ! P. O. I~"x ' ';3 Ve' ..,,' 1:1 ·····7·".. ; :. ;.. . oJ' t· ··'·3 .- :... "'" .... ,/. , I ECONOIIY urlLITY VEHICLE. 4-DOOR (4X4) NAKE ANQ HODEL' ,BID ~,-y¿. ~ 3/ I ; TOTAL WI! 810 Æ1I UNIT , 0 rt ( (INCLIIDl: ALL AND ONL Y THeSE REQUIREMENTS L VE). . . ~ . ¥JÁJ~ NANlJFACTtlRER'S ST::¡:!;.IWII/ANTY - (IS A COPY OF IW!RANTY ATTACHED TO BID? YES _ NO) rJ(e-- ISD.- ~l<."'~ -:-ï ~' J? CC ~ ~ - ~ ~lt!-e. ;(~/o7 . ~~:~ i6S OPTION ill - pø71œ pat:k/llJfl, _r ,,'ndøw. _r døør Jocks,. 1lIId8pot71 tit Y IIOUnted on LH s fd6, no door mount. Hust Inc7udø Iln In- UH or cfrcu1t breaksr. ~ S'PiÞL Lj!!I. ORDER CODE ~ PRICE 'ß f 1/ .,rÆ) - 'J.OO.. ~96, ð^ ~/OPTION 12 - NO trat1er towtng equfPl#8nt for tOt/lng up to 6OfJ!J lbs. - ðJt FORD: Includes these addit1øna7 CtJIIfJOtHIItt,; 3.18 rear axle ratio )D. - (XD4), tr.l1er tow pa(Jkage (534) - super en,'ne coo71ng, wiring hame., NO flasher, and HD Class III receiver hitch 6000 1bs. ~~~ capacity, 1nsta17MJ, with adapter, pin, cUp, and 2H d1Mðter ba71. - €JO' ORDER CODE -- PRICE - ~q7S. ~ I> l"" ___ ~ ON: Inc7ude. these additional cOfDPØMl1lU; HD trlJ17sr lIqufpmsnt (Z82) - 1-1..d tl1re harness, HD fI.sher and HD C7au 111 receiver - -~ ~ hitch 5000 1bs. capacity, Inst,17ed, fi1th MlM'tIJr, pin, c7fp, and ,?!J' C{O. . ' 2 d1ametsr ball. .",. y ORDER CODE f¡Z:-ff"?-- PRICE;;J- 3c..,-CT!) JEEP: Includes these addltfonal components; trailer tOtl group (ANT) - HD radtator, aux171ary transmission 0" cool..,., 1-1..* titre harnsss, HI f7asher and HI Class 111 re(Jefver hftch 5'" 7bs. capac1ty, fnsta17ed, wfth adapt.r, pin, cUp, and 2" d1..ter ba11. -- ~ ORDER CODE PRICE . , OPTION 1#3 - Electronic spød contro1 with resume featuNI, factory insta71ed ORDER CODE ~ '3 -- PRICE ~ S-~.dO " {) f {-/o..J f-p ~¿, I f!r~ . -S'þ~' L," ~ _.~ ' ~ t? ~. tJf>f~~N.·if r. ~~(),~- ~~ "<fI)~oO . ~,!'')t {,y.!<'¡ (()~áð" f-tiL £ ~ )1!tþ(}OPO () "1 ~ ! .' ~P04 . - ID: KA 1 SER PON"F 1 AC TEL 1'():4Ø4 736 Ø219 MBR-21-'95 17:59 . JCA'S~ PONTIAC·BUtCK-GMC tHe . 1590 S. WooC1/:!:,d I1lvd:· .. , . p 0 D"x ''i/'' ' . . \J ('. I",' , DeLanJ. 'n 3T';' ~.·""H .' SPECIFICATION 01o-.4"-t.10 ...1..., ...; ... ESTINATED QUANTITY - 7 ECONONY UTILITY VEHICLE, 4-DOOR (4X") CHEVROLET S~10 BLAZER (4X4), FORD EXPLORER (4X4), JEEP CHEROKEE (4X4) ~ APPROVED EQUIVALENT NOTE: This d.ta17ed $pec1flcat1on Is not complete unle.s It is used in conJunction tiith Specification Number GRLV-1, Genera7 RtlqufrMtlnts A 71 L fght Vehicles, included in this IFB. to. ENGINE: -r ( !(),Ç ()~ L-::ss A. OIl..o11ne engine, 6"'cy1inder, min1m"" 4.0L (242 CID) llnd 110 Net HP. ~J.,L B. H1ntllUtll 15 _ 117tørnatorrmfn1mum 390 CCA lit 0 deøreu F. heavy- duty battery. 20. TRANSNISSION: IJ1, --3 (J A. AutOlllat1c overdrive transmission, 4-sPftd, mtnt"um. .,}L S. TWD speed transfer case, part time 4-tfhH7 drive. S-J-L C. Transmission 01'-a1r coo7er, factory or dH 7.r Installed. Increased clI.paçity ol1-tister cøo7ør not scceptab7.. Retain tll4JC111U11 _ngt". coo7ing. 30. AXLES: 6~O A. L 1mtted sUp or 1ock1n axle. State rllt1o(s) tlVSl111bl.. S. .(-L B. Automatic locking front "0. PERFORNANCE 1TENS: 5'J-L, A. Factory Insta71éd ammeter or voltmeter, fuel, 011 pressure and coo 1ant t.".rature g.ug.s. ~<¡$ B. He,vy.,duty suspsn.1on (springs and/or shocks, front IInd rear); hellv1sst duty aVIlf7ab7e; front stab171zer bar and fUr stllb11fzer bar, 1f avsl1abl.. ---- 60. CONFORT !TOO: -. e-f9£; A. Air conditioning, factory insta7led. <5,Ji-L B. . Sunscreen, deep t.inting or privacy glass a 17 around, BXcept windsh1eld and g7a$s in frant dOors. Factory 1n,u 77ed d~c. . . . Rain shie7ds ovsr door windotts. - ~ MAR-21-'95 18:00 ID:KAISER PONTIAC TEL NO:4Ø4 736 0219 ~ . ., .' KAISER PONT ,IAC.BUICK-GMe 0 . ' 1590~. Woodt.JIIO IJ d.' IN(t P. O. Bc;rx ~3!3 ~. 60. SAFETY 1TÐIS: ÐeLand, fL J'i""'O) 28 : ~L .../ Lv' 13 ".. \ A. OUts1de mirror, LH I RH sides. 70. TIRES . trlHEELS: ~ t;~ A. FIve (5) PZZ5/16R15 or larger rad187 SSIi on-off road tread tires IIltd OJttrll ""vy-duty 6IU6IplHt6l'ion. 80. CHASSIS, FRANE, CAB: ~./-L A. Nfn111lU/11 4900 7bs. IÞ msx1mum 5260 7bs. GVItR" factory certlf1ed. ,i t81- B. Whee 1l»se: 101.0" mfnimUtll; 112.0H lIISXi",.. -9-L c. 4-door, minim"" I-passenger mode7. ?fL D. Nu1.. heat and sound insu7at1on and hNd1ining available from manufacturer. <;~l E. Front bumper. Rear b""per, heaviest duty avaflable. Factory lnsta 7 led. ~~ F. Front tOIi hoøks or tow pins, may be dea ter insta HIId. ~~ G. Net.7 fue7 tank and transfer case shields, factory 1nsta71ød, if av,17ãb7e. 90. SPECIAL CONDITIONS: i A. Nllnufacturer's Extended Vehicle Warranty (beyond Nanufacturer's G/lJP?5 Sundard Vehicle Narranty). Warranty sha77 be for a Pflriod of 6 years or 70,000 mOes whicMver occurs first. B. S.. Oeneral Requirements ,1,11 Light Vehic7es - 1, $Setion 90. d",1~ C. Tota7 base bid price sha17 1nc7ud. Tit7e/Registratlon 'øs in the amount of $28.00. D. Fire & Rescue Division vehic7es tdl1 have red exterior with grey, red or b7w interior (estimated 3 vehic7es). Å 71 otIMr County dep8rtments shll77 Mve whIts exterior tiith grey, red or blue InterIor (est1matect 4 vehIcles). E. . De7ivery is re':jiiired within gO days frtJlll date of purchase order. ..-- H~ ~f-,'t-o.~ ··B~· 1¡/2~ð OI-j,S~ -1;&/4 ~~ ., . . - MAR 21 '95 12:38 FROM SHERWOGD PONTIAC INC TO 2437461 PAGE.0Ø1 ; ,¡¡. 1iJ~ I l i 1IIUCICS HONDA I AUI'OMOBlLES I SHERWOOD PONTlAc.GMC TRUCK. INC. I WE LEASE ALL MAKES AND MOOELS 2d~ FEOØW. HWY. I DlUlAY lEACH. A.OAICIA ~ ! 24CX1 scum ÆDEFW.HIGt-, NAY. DeLAAV 8liACH. ROfIIOA 3:M8a 0IutA... (407) 278-3211 ! W. PAUl ~ (401) 83M893 DOuG PUTNAM Da.AAy BEACH ~11 DouG PUTNAM SAowAJIID CouNtY (305) 421-3200 I W. PAUt ~ 83a.a693 ~ MAHACIIR HouYWOOO a DAtIl (305)947-4168 t lØSI5 ~eA BAOWARO COUHl'Y U7.a200 --. .--.- - , " --~_.. ---., _. .---- ,.-- FAX COMKDNICAtION FROM SUNNY SOUTH FLORIDA TO THE ATTENtION OF: FRANK RYNCARZ AT FAX NUMBER 243~7461' : '~ 'rDtE iii DAY FAX SENT: 12 :30 3/21/95 FROM: DOUG PUTNAM FLEET & LEASE MGR OUK FAX NUMBER 407 276-4932 NUl1BER OF PAGES INCLUDES COVER ADDITIONAL INFO: Dear Frank - First, sincere thanks to you for allowing us to compete for your Firehouse business!ll Second, I regret not being able to call you early this AM. but my tru~k manager was not here and I cannot build trucks on his co~puter. Anyway, I left a message with Roxanne at 10:30AM Here are ~vehïcle' that It~e built. They may be what Yßu want; or they may have too much equipment or not enough. They are-example.. A8 far as price is concerned, you may add $750 to the dealer invoice amount for your price. Keep in mind. there are Municiple discounts available trom GMC truck if you have a General Motors number. There are no fleet discounts or rebates, so I suggest you consider this to assit you ~th your costs. Should you have any questions, please pick up the phone and call me at your earliest convenience. Again. thanks very much for your call. Sincerely yours~ , " - t MAR.21 '95 12:38 FROM SHERWOOD PONTIAC INC TO 2437461 PAGE. 002 ¡ GMC 'TR.UCK ~ J i~L"'''':~ Page 1 of 2 03-21-1995 SRBRWOOD PONTIAC-GMC 2400 SOOTH PBDBRAL DBLRAY BBACB PL 33483 (407)278-3217 P.AX(407) 279-0493 Vehic1e SU:D'IED.a.:.ry Jlladel &: Factory OptiOD$ LIST INVOICE ----------------------- ---- ------- TI'lOS06 ~ ~ 4-".~, !ail~ilté !"y 22,530.00 20,614. 9~ lSJ Marketing 'õpt1.on Package 5 1,395.00 ~,213.6S AM6 Front 60/40 Reclining, Split Bench Seat N/C N/C AM7 Rear Split Folding Seat Package Package C311 5300 lbs. Gross Vehicle Weight Rating N/c N/c 855 Tailgate Body Package Package PIg Pederal Emissions N/C N/c GUS 3.42 Rear Axlè'Ratio N/c N/C Geo Locking Rear Differential 252.00 219.24 L35 Enhance. 4.3L (262 CID) CPI V6 N/c N/C M30 4-Speed Automatic Trans w/Overdrive N/C N/C NPJ. Electrönic Shitt Transfer Case N/C N/C QCE** P20S!75R1S All Season Blackwall Package Package R9S SL Decor Package Package UM6* AM/PM, w/Seek-Scan, Cassette, Clock Package Package VS4 Roof Mounted Luggage Carrier Package Pack~ge ZM5 Underbody Shield Package 126.QO 109.62 ZQ1** Smooth Ridè Suspension Package Package Packa!!Je ZQ3 Tilt Wheel and Speed Control· Package Packa!'e ZQ6 ¿Pow~r Locks, Windows and Dual Mirrors Package Pac~a!,e ZY1 Solid Paint N/C IN/C Z82 Heavy-Duty Trailering Equipment 210.00 182.7tL lSZ Marketing Option Package Discount -500.00 -""435.00 13H Gray Deluxe Cloth N/C N/C 72 Red, Apple H/e tile 72 Red, Apple ~ N/C N/e ~ ~ þ..~~) I. ~ t60 f V . ~ \~ of~· .. " . ,I':JAR"","21 '95 12:39 FROM £HERWqOD PONTIAC INC TO 2437461 PAGE. 003 , . ,: ¡ : GMC TR:crCK - J:Ldi&r..y . .. page 2 of 2 . 03-21-1995 Total Model and Options . 24,013.00 21~905.16 Destination Charge 485.00 485.00 Total 24,498.00 2.2,J 390 .16 . ~K:iT~ / {j{B· 00_ . .k. oUC- . ~/-{ ~~ l (p This invoice may not reflect the dealer's ultimate ve iole cost, in view of future manufacturer rebates, allowances, incentives. Qt(" _~,.. ,.' Dealer invoice amount includes a 2' GM marketing adjUst~-t / ~~ . / ¥ Pleet Sales Note: Pleet incentives may not be compatible with Marketing Option Package discounts. Please review 1leet Program information. pleet orders may deduct the GM marketing a4j. from dealer invoice. * Denotes an upgradable option. ...*' Denotes an upgraded option. '95 Light Duty ~ Reviséd 02-20-95 ..---- . .. .. " , " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9·A· - MEETING OF APRIL 18, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 14, 1994 Attached is the Report of Appealable Land Use Items for the period April 3 through April 141 1995. 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. " , . , (){ '4 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~~~IRECTOR DEPARTMENT OF PLANNING AND ZONING j~ßUÄ ~ FROM: ASMIN ALLEN, PLANNER SUBJECT: MEETING OF APRIL 18, 1995 REPORT OF APPEALABLE LAND USE ITEMS APRIL 3, 1995 THRU APRIL 14, 1995 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 3, 1995, through April 14, 1995. BACKGROUND: 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 April 18, 1995 Page 2 PLANNING AND ZONING BOARD No Regular Meeting of the Planning and Zoning Board was held during this period. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 5, 1995 A. Approved (5 to 0), with conditions, the elevations for a fence around a retention pond at Temple Sinai, located at the northwest corner of Atlantic Avenue and N.W. 24th Avenue. The associated site plan changes will be approved administratively as a non-impacting modification. B. Approved (5 to 0) , the architectural elevations and color change associated with the expansion of a vestibule at Dennyls Restaurant, located within the Delray Mall at the northwest corner of Federal Highway and Linton Boulevard. The associated site plan changes will be approved administratively as a non-impacting modification. Other non-appealable items which were considered by the Board. * Denied (5 to 0) , a flat wall sign for Goodyear - Norton Tire Company, located at 1 Linton Boulevard. * Tabled (5 to 0) , a flat wall sign within a mural for Dix Milles Hommes Botanica, located at 615 West Atlantic Avenue. * Approved (5 to 0), a master sign program for Linton Office Park, located at 4800 Linton Boulevard. HISTORIC PRESERVATION BOARD MEETING OF APRIL 5, 1995 1. Approved (5 to 0) with conditions, a Certificate of Appropriateness, site plan, architectural elevation plan and landscape plan associated with the construction of a 5,600 sq. ft. medical office and conversion of the 1,375 sq. ft. residence to a medical structure f or Open MRI of Delray, located at the northeast corner of N.W. 1st Avenue and N.W. 1st street. . , · City Commission Documentation Appealable Items Meeting of April 18, 1995 Page 3 Concurrently, the Board granted waivers for a reduction to the 10' right-of-way dedication along N.W. 1st Avenue and the 5' right-of-way dedication along N.W. 1st Street; but denied the request to allow parking in the front yard. Also, the Board recommended that the City Commission grant a waiver subject to modifications to the requirement for a 5' landscape area adjacent to the alley. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map " ' - LOCATION t\AAP FOR CITY COMMISSION MEETING OF APRIL 18, 1995 L-30 CANAL .-.-. ll7 , . a !?i ~ ~ ~ :::I ~ g ..J Z " 0 t- r:. z - ~ fII a ~ a LAKE IDA ROAD II< ð ~ It: < m >- ~ ã L ~ SW 2 ST III fII ... f5 ~ ~ z < 8 ., v 0 II: .. ~ § II> III :::I 0 LOWSON BOULEVARD I> ) ~ 0 ~ ::! U 0 I:- f: 3 ~ ... >- <C II: ~ < t- U :J 1"1 :i I ... _____.__ Jl,l~ - L-38 CAIJM. C-15 CANM. S.P .RA.B. . H.P .B.: en llMrrS -.----- . A. - TEMPLE SINAI 1. - OPEN '-A.R.I. OF DE1RAY B. - DENNY'S R£SìAURNl I AlIU: I I SCALE N - CITY OF' OElRAY BEACH, Fl PlJ'IHNlNC DEPARTIoIENT -- DlGlrAl 945F UAP SYSTEM -- " , . . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fl'l1 SUBJECT: AGENDA ITEM ft 9·/3. - MEETING OF APRIL 18. 1995 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/BANDANA CABANAS DATE: APRIL 13, 1995 This is before the Commission to consider an appeal of the Site Plan Review and Appearance Boardls approval of the architectural elevations for a 10 ft. by 10 ft. structure for Bandana Cabanas. The proposed location is east of AlA, approximately 30 feet south of the beach pavilion. On March 15 1995, SPRAB approved the elevations as submitted by a vote of 4 to 2 (Dan Carter and John Weaver dissenting). The approval was granted subject to a favorable interpretation by the City Attorney that the structure would be permitted on the beach. On March 21, 1995, the Beach Property Owners I Association submitted an appeal of this decision, and at the March 21st meeting, Dr. Alperin formally appealed the item for Commission consideration. At the April 4th regular meeting, the applicant requested and received a postponement to April 18, 1995. An analysis of the request is provided in the staff documentation. There are two issues to be addressed. The first is on the use itself and whether or not it is the City's intention to allow it to continue. If so, staff recommends an amendment to the Land Development Regulations to add "Beach cabana and chair rentals" as a permitted accessory use in the Open Space district. This will eliminate future confusion over its status. As to the structure, it is proposed for storage and to provide shelter and a transaction point for the cabana rentals. In reviewing the bid specifications for this service, we found that in the preceding bid (with Flamingo) the contractor was required to construct two ( 2 ) beach equipment houses for storage space. They were never built since the Community Appearance Board (SPRAB/s predecessor) did not like the design. The bid specs for the current lease include the statement, "Any facility needed for storage equipment must first be approved by the proper authorities of the City of Delray Beach. II While a structure is not required, it is implied that one would be allowed subject to proper approvals. Commission discretion is recommended. ref:agmem08 " 1\ { '¡ /1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, ~~ DIRECTOR OF PLANNING & ZONI., -----, SUBJECT: MEETING OF APRIL 4, 1995 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF ELEVATIONS FOR A STRUCTURE FOR BANDANA CABANAS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversal of an elevation approval granted by the Site Plan Review and Appearance Board (SPRAB) for Bandana Cabanas. The structure is proposed to be located east of A-1-A approximately 30' south of the beach pavilion. B A C K G R 0 U N D: Bandana Cabanas has a lease agreement with the City for the rentals of the cabanas and chairs on the beach. Currently company employees sit on a storage box on the beach from which they transact their business. The company has requested approval to construct a 10' x 10' structure to provide shelter for their employees, storage of materials, and securing of cash paid by customers. The proposed structure has an architectural character similar to the lifeguard stations, and is to be placed on skids so that it can be readily removed in the event of a hurricane. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of March 15, 1995, the Site Plan Review and Appearance Board reviewed the elevations for the Bandana Cabanas structure. Sandra Almy of the Beach Property Owners Association spoke on the proposal. Ms. Almy stated that the proposed beach structure violated the Comprehensive Plan and zoning code regulations, and felt that it was an expansion of a non-conforming use. Assistant City Attorney David Tolces was present at the meeting and requested that the Board table the item in order for the City Attorney's office to review the lease agreement and the Comprehensive Plan Policies. The Board however, approved the elevations as submitted by a vote of 4-2 (Dan Carter and John Weaver dissenting), subject to a favorable interpretation by legal staff that this facility is permitted on the beach. Subsequent to that action Ms. Almy submitted a letter on behalf of the Beach Property Owners Association requesting an appeal of the decision to allow the structure. At the March 21, 1995 City Commission meeting, Commissioner Alperin asked that the item be brought forward for Commission consideration. · City Commission Documentation Meeting of April 4, 1995 Appeal of Bandana Cabanas Page 2 A N A L Y S I S Policy B-3.3 of the Coastal Management Element states that efforts to provide concessions in the beach area shall be discouraged, and requests for such on the beach shall be denied. Cabanas have been available for rent on the beach since the late 1940's. Thus the request to provide a shelter for an existing business is not a request to establish a new concession. The Commission should address the question of whether or not the cabana concession is considered a nonconforming use. Prior to 1994, there was no specific reference in either the OS or CF (Communi ty Facilities) zoning districts to the use of concessions and license agreements, even though such uses existed on the beach and at City facilities. With the creation of the OSR (Open Space and Recreation) district last year, "Concessions and services provided under a license agreement with the City" was added as an accessory use to both the OSR and CF zoning districts, but not to the OS district. The reluctance to list t.he use to the OS regulations stemmed from a concern over setting a precedent regarding commercial concessions on the beach. However, cabana rentals has generally been considered to be a desirable use on the beach, and the license agreement has been periodically renewed. If the use is to be considered nonconforming, it is subject to restrictions regarding the ability to expand and its long term viability. As a nonconforming use, if it is discontinued for a period of 180 days or more, it could not be re-established. If the City's intent is to continue to allow this use, an amendment to the LDRs should be initiated to list "beach cabana and chair rentals" as a permitted accessory use in the OS district. This would eliminate any future confusion over its status. With regard to the proposed structure, the request to provide a shelter and a transaction point for the cabana rentals does not seem unreasonable. Perhaps a more appropriate structure would be one that is more in keeping with the size of the lifeguard stations. R E COM MEN D E D ACT ION: With regard to the structure itself: Commission discretion. With regard to the use: * By motion, initiate an amendment to the Land Development Regulations adding "Beach cabana and chair rentals" as a permitted accessory use in the OS (Open Space) district. Attachment: * Elevation sketch of proposed structure * Letter from Sandra Almy, Beach Property Owners * Memo from Joe Dragon, Asst. Director, Parks and Recreation '" .' , i_ --- l· ------ -- -.;, --- ....J :ES~ _T5. ~ : ¡ i I I! I ! I ! Ii! : ¡ , _.___¡.- ._.J---L.__.{..-J-_._ J--~·_.J-~-<--L__- I , I I I 1 I :' I . i , ,I I I I ' I' I I! I I . ! ! ¡! : I ,I ~! j ; !! _"':__-1- -L _ -L t:- L.J.. . _J- -~._I L_._..J--~__~- .J___.J.J- ----.1.-....:- ': I r Ii ¡ I ¡ T i I I::' Ii, I I I' I I I I. I, I ' , I ' I' I " "" ' ~ ! ¡,! ! L !! ¡! ;!!: ' ~ .-. ! _. t-. ! I: '. I . . :, . -I... :.! __.i... .'?' \ . . / ~ / 0 ~ . , NORTH ELEvATION SCALE 1 /2 II = 111' - -0 II l' 10'-0" ;of --------- ----------.-- ----~~_.._--~---~._----~--------~- , I . , " (~." B~ACH PROPERTY OWNERS' ~ ~~ ASSOCIATION, INC. ~ \--~ -=Á P.O. BOX 375 t'fCi>~~~ \r "ir DELRAY BEACH, FLORIDA 3344' ~~ ~ \. \qqS G RECEIVED March 21, 1995 ~ &:l.O\,\\~ 8/al/q5 ~ -. ~\\,~G ,,\J-~ CITY CLERK - To: Ms Alison MacGregor Harty, City Clerk Mr. Dav,id Harden, City Manager Mayor Tom Lynch Commissioners Alperin, Ellingsworth, Randolph, and Smith RE: APPEAL OP SITE PLAN REVIEW AND APPEARANCE BOARD DECISION OF MARCH 15, 1995, APPROVING (SUBJECT TO LEGAL OPINION) SITE PLAN POR BANDANA CABANA STORAGE STRUCTURE ON PUBLIC BEACH. ;" . Please be advised that the Beach Property Owner , s Association appeals the above stated decision on several grounds. Pirst, we believe that this proposal was inappropriately and inaccurately represented to the Site Plan Review and Appearance Board.(SPRAB). On both the -d..!.Y..!')J>'p'~ent application and the SPRAB agenda ';"the,ª,p"'p'.~n.t:....~is-..l i s ted as the "Ci ty Parks and Recrea t i on Department", with the applicant's signature that of Joe Dragon, Assistant Director of that department. This is misleading at best. The true applicant is "Bandana Cabana " commercial company , a with which the City has contracted to lease-for-profit cabanas on the public beach. The sketchy backup material provided to SPRAB by Parks and Rec refers to a "permanent structure " 10' x 10' , a building " . which they store equipment and keep 1n can necessary items to run the business". Obviously a business proposal by their own admission. This is a commercial venture and request, not a City request. It should have been presented by the business as their own. Secondly, we believe a proposal to erect a commercial structure on the public beach is a policy issue, not a building elevation issue. As such it should have come before the City Commission rather than SPRAB. Regardless of who (City or private) makes the request for a commercial structure on the public beach, it should be denied. Au commercial structure on the beach is specifically prohibited in both the Comprehensive Plan and the Land Development .Regulations in at least three separate ways: '<"~' 1:<~1..- The Comprehensive Plan, in Policy B - 3.3, states, '~~~f.;~~~. 4!"cY"'provide concessions in the beach area shall be ~~~~our=~~ and requests for suc1,t",,<£r! the beach shall be denied." , -...~~- ../ .-.;-.:., .. ....:. ~ ' .' . '~";::"~:~;,;.:~::'~~:~:.::;- ~~.~ = .>- A CORPORATION NOT FOR PROFIT ., ., ... ~ _"".0> . :.~ . ':.. (, u Appeal Page - 2 3/21/95 2. The beach is designated Open Space on the Future Land Use Map and is zoned Open Space. The Land Development Regulations in Section 4.4.22, list the municipal beach as a principal use. Plannine; Department staff ci te the fact that under accessory uses "maintenance facilities" ~s listed. It is, but it was included specifically to allow for the City maintenance/storage already present in Anchor Park, not a commercial facility. There are no conditional uses in Open Space. Clearly, the Open Space zoning designation prevents commercial use. That is why it is separate from Open Space & Recreation which does allow commercial use. 3. The cabana rentals are a grandfathered nonconforming use. The LDR's in Section 1.3.1 on Nonconforming Uses, Lots, and Structures, states in part B: "Nonconforming uses are declared to be incompatible with uses allowed in the zoning districts involved. A nonconforming use of a structure, land or structure and land in combination, shall not be extended or enlarged, either by erecting additional signs, adding additional square footage to a structure, or adding other uses of a nature which would be prohibited in the zoning district involved. " Further, Section 1.3.3 (D) states, "No additional structures shall be erected unless they conform to the requirements of the zonlng district in which the land is located. " Every single piece of land zoned Open Space was done so with the intent of protecting it from commercialization! The bottom line is that the public beach must be protected against commercialization. We cannot allow this one and only commercial entity to expand because of the dangerous precedent it would set for years to come. The beach is clearly protected by the Comprehensive Plan and the LDRs. We believe the proposal to put a commercial structure on the beach to be ill-advised and poorly considered. This City Commission has been diligent in its protection of the beach and beach parks. We ask that you continue that protection and deny this commercial structure. Sincerely, ~~ Sandra Almy Executive Director Beach Property Owner's Association ".- " ' .' · , MEMORANDUM TO: David T. Harden, City Manager ~. ~<:\" ',.,\, THRU: Joe Weldon, Director ~"~?¡""'I"j ~ ;\".~". '..'~ .: Parks and Recreation Dep ~~; ~= ó.:·~c::, rr- . . , ,C:j; - .~? FROM: Joe Dragon, Assistant Director ~ ~'~'þCfJ., ~-{"~:\' ~ ~~~ þ1{" . Parks and Recreation Departm ~~."., 'r~.' ' SUBJECT: SPRAB APPLICATION ~\; .,,- DATE: March 29, 1995 My signature appears on the SPRAB application request form because I was told by Planning and Zoning, that I need to sign the application. This was told to me during a discussion I had with that office regarding the request. I had and have no reason to question their instructions for processing the application. I was present at the SPRAB meeting on Wednesday, March 15 with the cabana service contractor to respond to any questions the board or others may have regarding the application. After Ms. Janet Meeks, Sr. Planner, gave the initial introduction and summary information to the board, the contractor and I went to the podium to respond to some questions by board members. After subsequent discussion and an objection by Ms.Sandy Almy the board voted approval of the application pending an interpretation from the City Attorney. My understanding is that the legal interpretation concerned the "....expansion of a non-conforming use." Exactly what interpretation is needed can probably be obtained from Planning and/or the City Attorney. While Ms. Almy implies an attempt by myself and/or the Parks and Recreation Department to mislead SPRAB, City Commission, the Beach Property Owner's Association and others, it was our intent to merely coordinate the submittal of required information from the vendor to the appropriate City Departments and boards. At no time was it intended to mislead or deceive any of the parties in this process. The vendor has been totally responsible for obtaining all required approvals, permits, etc., Le., namely the DER permit, sealed architectural drawings of the structure, construction permits, etc. It was our intent merely to review this information before forwarding it to the appropriate offices for consideration. The vendor has agreed to a smaller, 8'x 8', structure if necessary. Also, while the application refers to a "permanent structure" it really is a temporary structure in that it is constructed on skids and can be easily removed from the beach. JD:giv REF: SPRABAPP.DOC , .' I, ./ " ,I / ,/ BID NO. 88-7R PAGE -ª- OF .-l.L The Contractor agrees to be responsible for normal daily cleaning of the beach cabana area; provided, however, the contractor shall be under no obligation to clean the beach of seaweed or other materials washed ashore by wave action. The City shall maintain receptacles for trash collected by contractor's employees. STORAGE The contractor shall provide proper storage space for the afore- described rental eqtllpmen t and two ( 2 ) beach equipment houses to be 'J constructed by the contractor at its own expense. No equipment shall be left upon the put lie beach after the hour of 8:00p.m. on any day; provided, however, that cabanas may not be removed except if hurricane warnings are issued for areas which include all or a portion of the city of Delray Beach, Florida area, by the Hurricane Advisory Center of the United States Weather Bureau in Miami, Florida. Thereby, contractor shall immediately cause all equipment, including cabanas and beach equipment houses to be removed from the public beach and stored in a safe manner; no part of such equipment shall be returned to the beach as long as said hurricane warnings remain in effect. LOCATION OF CABANAS - The contractor shall be subject to the direction of the Parks and Recreation Director and any City Lifeguards with respect to the location of beach equipment houses and the area in which cabanas may be located. '. "'.,,-.~-' . . r . ¡ ! t CITY OF DELRAY BEACH ~ BID # 14-'9 RENTAL OF CABANAS AND BEACH EQUIPMENT FOR THE PUBLICLY OWNED BEACH DETAILED SPECIFICATIONS PURPOSE The purpose and intent of this IIInvitation to Bidll is to seek competitive bids for the purpose of securing a contract to rent beach umbrellas, beach chairs, and cabanas, and similar beach equipment, (with pri or approva 1 of the Director) upon the publ icly owned beach of the City of Delray Beach. TERM OF CONTRACT The City wi 11 grant the successful vendor the exclusive right and privilege to conduct and operate upon the publicly owned beaches of the City a concession for the rental of beach umbrellas, beach chairs, cabana s, and similar equipment. The contract term shall be for a peri od of three (3) years beginning on October 11, 1994, and expiring on October 10, 1997. Renewal period, if approved, shall be for an additional three (3) years. RESPONSIBILITIES OF THE CONTRACTOR 1. At no time will more than two hundred and fifty (250) cabanas be permitted on the beach. 2. The Contractor shall not interfere with pri vate owner's use of their equipment on the public beach. 3. The Contractor shall exercise reasonable care to avoid damage to City property, including dune, vegetation, and sand fence. Any facility needed for storage equipment must first be approved by the proper authorities by the City of Delray Beach. 4. The Contractor agrees to be responsible for normal da ily cleaning of the beach cabanas area; provided, however, the I Contractor shall be under no obligation to clean the beach of ! seaweed or other material swashed ashore by wave action. The i City shall maintain rpceptaclt's for trash collected by ì Contractor's employees. , ¡ I STORAGE No equi pment s ha 11 be 1 eft upon the pub 1 i c beach a fter the hour of I 8:00 P.M. on any day; provided, however, that cabanas do not have to be removed except if hurricane warnings are issued for areas whi ch i include all or a portion of the City of De1ray Beach, Florida area, j 6 . , . .. I '. / ... - · f:- E ,'... E I \ f F [--' ¡ 11- / , i l.1 V .__.J í' ~ - "'AR31 1995 ~Jì~.,........)..... CIT\/ ¡Iß,~'" '-,,-. nr.·, co-:-,:,;;::»:::";:::.,:; , 1 Iv" . , . ., Bandana Beach Service, Inc. I 2308 N.E. 9th Street, Suite 11 Ft. Lauderdale (305) 568-3262 Ft. Lauderdale, FL 33304 Boynton Beach (407) 735-3305 David T. Harden City Manager Delray Beach March 31, 1995 Re: postponement of April 4th, Meeting Dear Mr. Harden, We respectfully request the postponement of our April 4th, meeting concerning the beach storage/shelter structure until the next regular committee meeting. This would provide us with additional time to get all of our information together and allow Joe Dragon, from Parks and Recreation, to be present also. If you have any additional questions, we may be reached at 735-3305. Our Fax # 407-735-3305. Thank you very much for your consideration in this matter. Res,pe~~, ully, ~ C5tíY\~GLöJe Lindy a ciose Vice President . , . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM :It CJ.D· - MEETING OF APRIL 4. 1995 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/BANDANA CABANAS DATE: MARCH 3 1, 1995 This is before the Commission to consider an appeal of the Site Plan Review and Appearance Boardls approval of the architectural elevations for a 10 ft. by 10 ft. structure for Bandana Cabanas. The proposed location is east of AlA, approximately 30 feet south of the beach pavilion. On March 15, 1995, SPRAB approved the elevations as submitted by a vote of 4 to 2 (Dan Carter and John Weaver dissenting) . The approval was granted subject to a favorable interpretation by the City Attorney that the structure would be permitted on the beach. On March 21, 1995, the Beach Property Owners I Association submitted an appeal of this decision, and at the March 21st meeting, Dr. Alperin formally appealed the item for Commission consideration. An analysis of the request is provided in the staff documentation. There are two issues to be addressed. The first is on the use itself and whether or not it is the City/s intention to allow it to continue. If so, staff recommends an amendment to the Land Development Regulations to add IIBeach cabana and chair rentals II as a permitted accessory use in the Open Space district. This will eliminate future confusion over its status. As to the structure, it is proposed for storage and to provide shelter and a transaction point for the cabana rentals. In reviewing the bid specifications for this service, we found that in the preceding bid (with Flamingo) the contractor was required to construct two (2 ) beach equipment houses for storage space. They were never built since the Community Appearance Board (SPRAB/s predecessor) did not like the design. The bid specs for the current lease include the statement, "Any facility needed for storage equipment must first be approved by the proper authorities of the City of Delray Beach. II While a structure is not required, it is implied that one would be allowed subject to proper approvals. Commission discretion is recommended. ref:agmem08 . BEACH PROPERTY OWNERS' ASSOCIATION, INC. ':"''v-~\~~ P.O. BOX 375 DELRAY BEACH, FLORIDA 33444 RÈCEIVED ~ March 21, 1995 \3jé2¡JQS CITY CLERK To: Ms Alison MacGregor Harty, City Clerk Mr. David Harden, City Manager Mayor Tom Lynch Commissioners Alperin, Ellingsworth, Randolph, and Smith RE: APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION OF MARCH 15, 1995, APPROVING (SUBJECT TO LEGAL OPINION) SITE PLAN FOR BANDANA CABANA STORAGE STRUCTURE ON PUBLIC BEACH. Please be advised that the Beach Property Owner , s Association appeals the above stated decision on several grounds. First, we believe that this proposal was inappropriately and inaccurately represented to the Site Plan Review and Appearance Board (SPRAB). On both the development application and the SPRAB agenda the applicant 1S listed as the "City Parks and Recreation Department", with the applicant's signature that of Joe Dragon, Assistant Director of that department. This 1S misleading at best. The true applicant "Bandana Cabana " commercial 1S , a company with which the City has contracted to lease-for-profit cabanas on the public beach. The sketchy backup material provided to SPRAB by Parks and Rec refers to " permanent structure " 10' 10' a , a x building " . which they store equipment and keep necessary 1n can items to the business " Obviously business proposal by run . a their own admission. This 1S a commercial venture and request, not a City request. It should have been presented by the business as their own. Secondly, we believe a proposal to erect a commercial structure on the public beach 1S a policy 1ssue, not a building elevation 1ssue. As such it should have come before the City Commission rather than SPRAB. Regardless of who (City or private) makes the request for a commercial structure on the public beach, it should be denied. Any commercial structure on the beach 1S specifically prohibited 1n both the Comprehensive Plan and the Land Development Regulations 1n at least three separate ways: .':. X..~ The Comprehensive Plan, in Policy B - 3.3, states, I.:·;:f¡'.&t~~ 4('ò'~provide concessions in the beach area shall be ~··;~1Jifõu~~--,- _and requests for SUC?/~Q1! the beach shall be denied." . :'.~~'~~~ - "--- -- - ~ .s~Y-~-'" -"':-::<-.-=--..--.. "'~ -:-'-,~. _ A CORPORATION NOT FOR PROFIT ,- . Appeal Page - 2 3/21/95 2 . The beach 1S designated Open Space on the Future Land Use Map and 1S zoned Open Space. The Land Development Regulations in Section 4.4.22, list the municipal beach as a principal use. Planning Department staff cite the fact that under " maintenance facilities " is listed. It accessory uses 1S, but it was included specifically to allow for the City maintenance/storage already present 1n Anchor Park, not a commercial facility. There are no conditional uses 1n Open Space. Clearly, the Open Space zoning designation prevents commercial use. That 1S why it 1S separate from Open Space & Recreation which does allow commercial use. 3. The cabana rentals are a grandfathered nonconforming use. The LDR's 1n Section 1. 3.1 on Nonconforming Uses, Lots, and Structures, states in part B: "Nonconforming uses are declared to be incompatible with uses allowed in the zon1ng districts involved. A nonconforming use of a structure, land or structure and land 1n combination, shall not be extended or enlarged, either by erecting additional s1gns, adding additional square footage to a structure, or adding other uses of a nature which would be prohibited the zoning district involved. " Further, 1n Section 1. 3.3 (D) states, "No additional structures shall be erected unless they conform to the requirements of the zon1ng district which the land located. " Every single piece of 1n 1S land zoned Open Space was done so with the intent of protecting it from commercialization! The bottom line is that the public beach must be protected against commercialization. We cannot allow this one and only commercial entity to expand because of the dangerous precedent it would set for years to come. The beach 1S clearly protected by the Comprehensive Plan and the LDRs. We believe the proposal to put a commercial structure on the beach to be ill-advised and poorly considered. This City Commission has been diligent 1n its protection of the beach and beach parks. We ask that you continue that protection and deny this commercial structure. Sincerely, ~~ Sandra Almy Executive Director Beach Property Owner , Association s ·, . DK trJ1 [ITY DF DELRRY BEACH CITY ATTORNEY'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 . I 0 " bad AII·America City MEMORANDUM l' III~ DATE: April 12, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Monterey House - Contract and Purchase for Sale with the CRA; Amendment to Interlocal Agreement with CRA; and Lease Agreement with the Historic Palm Beach County. Inc. Contract for Sale and Purchase 1? f: SOLú-T7on / / - 95 The final contract terms for the Sale and Purchase of the Monterey property is before you for your approval. The contract for sale and purchase, as you are aware, requires payment of two hundred sixty thousand dollars ($260,000.00) by the City in the form of forgiveness of certain payments related to the CRA Tennis Center debt in the above- ~1l~ stated amount, which is as set forth in the Amendment to the Interlocal Agreement with Cl.t.· the CRA (discussed below). / The contract calls for additional payment of thirteen thousand five hundred dollars ~/o ($13,500.00) for landscaping improvements. The contact calls for the City to acquire nine parking spaces as part of the first closing on June 1, 1995. The contract provides for the purchase of twelve (12) additional spaces for seventy-two thousand dollars ($72,000.00) to be purchased at a separate closing to be held no later than October 1, 1995. Amendment to Interlocal Agreement The CRA executed an Interlocal Agreement on September 27, 1994. The Interlocal Agreement was approved by the City on February 7, 1995. That agreement is being superseded by this Amendment to the Interlocal Agreement. The only significant change is that payment terms are clarified in the Amended Interlocal Agreement to show the forgiveness of a portion of the debt owed to the City in ® Pnnled on Recycled Paper ·, City Commission April 12, 1995 Page 2 the amount of two hundred sixty thousand dollars ($260,000.00), owed by the CRA to the City for Tennis Center improvements. A payment of twelve thousand four hundred eighty six dollars a:pd ninety-six cents ($12,486.96) is due on December 1, 1999 and twenty-four thousand seven hundred sixty-eight dollars and thirty-eight cents ($24,768.38) is due semi-annually thereafter pursuant to the schedule set forth in Attachment A to the Amended Interlocal Agreement. Lease Agreement The Lease Agreement with Historic Palm Beach County, Inc. is also included for your approval. The lease of the Monterey House property and nine (9) parking spaces is for a twenty (20) year term with rent of one dollar per year. It requires the payment of $230.00 per month to establish a repair and replacement fund. The Lease requires the payment of $295.00 per month, as may be modified from time to time, for the maintenance of common areas. In addition, the Lease requires a landscaping reimbursement payment to the City in the amount of $13,500.00 to be paid with an initial $3,500.00 payment upon execution of the lease and $2,000.00 per year for a five year period. The Lessee is to pay all utilities and taxes that may be imposed on the property. The day to day maintenance is the Lessees responsibility. The CRA has the non-exclusive right to use the second floor room for ten years or less if the CRA no longer is the owner of the bungalow. The Lessee may not assign the Lease without the written consent of the City. The City, in its sole discretion may withhold approval to assign or sublease the property. The Lease also requires an amendment to the Lease in the event the Lessee desires to occupy the second floor, to accommodate costs of an elevator or the waiver of the elevator requirement. The City, as owner, will use its best efforts to obtain a waiver. This lease if approved, should be approved subject to closing on the property with the CRA. Historic Palm Beach County, Inc., at its meeting of August 12, 1995, approved ase su . ect to the City obtaining a Certificate of Occupancy for the property. 1 cc: David Harden, City Manager Chris Brown, Director, Community Redevelopment Agency Robert Federspiel, Esq. Frances Bourque John Johnson . , ~..._~.. _'"·~_··'r ..'. ~.,. . _. __ .~~. - ,__....._.. ~~.-.~ "," __·'__n'_'_.<_'_'_·_'__ ~'..~ -_'·H..'.. . - ..- -.. - ,- , . ~. ....... RESOLUTION NO. 11-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH: FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN I THE SELLER AND THE CITY OF DELRA Y BEACH, FLORIDA. I I WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located at 20 I North Swinton Avenue, known as the Montery House property; and, ! I i I I WHEREAS, the Seller, the Delray Beach Community Redevelopment Agency, desires to sell the: property hereinafter described to the City of Delray Beach, Florida; and, I I ¡ WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose of providing office and meeting space for Historic Palm Beach County, Inc. and other: , municipal purposes. ! I i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby; agrees to purchase from the Delray Beach Community Redevelopment Agency, as Seller, land for the purchase I price of two hundred sixty thousand dollars ($260,000.00), and other good and valuable consideration; said i parcel being more particularly described as follows: Lot 12, Less the South 4 feet thereof, Block 60, Town of Delray, Florida, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. i I I Section 2. That the terms and conditions in the contract for sale and purchase and addenda ~ thereto between the City of Delray Beach, Florida, and the Delray Beach Community Redevelopment Agency I are attached hereto as Composite Exhibit 1 and incorporated herein. PASSED AND ADOPTED in regular session on the 18thday of A~995. i ~M'~ i ATTEST: (hNm'llþ/'.h r I/ativ City Clerk composite Exhibit 1 to Res.11-95 ¡ CONTRACT FOR SALB AIm PDRCBASE PARTIBS: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("Seller"), of 207 East Atlantic Avenue, Delray Beach, Florida 33444, (Phone: 276-8640) , and CITY OF DELRAY BEACH, ("BuYer"), of 100 N.W. First Avenue, Delray Beach, Florida 33444, (Phone: 243-7090), hereby agree that the Seller shall sell and Buyer shall buy the following real property ( "Real Pro1)Ørty" ) and personal property ("personalty" ) (collectively "Property") upon the fOllowing terms and conditions which INCLUDE the Standards for Real Estate Transactions attached ("Standard/s}") and any addendum to this instrument. I. DBSClUPTIOH: (a) Legal description of Real Property located in Palm Beach county, Florida: Lot 12, less the South 4 feet thereof, Block 60, TOWN OF DELRAY, Florida, 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: 20 Horth Swinton Avenue, Delray Beach, Florida 33444 (c) Personalty: U. PURCBASB PlUCE: (a) For the Monterey House and 9 parking spaces Described in Special Clauses XIV, Subsection F $260,000.00 (b) Additional payment for landscaping improvements per Special Clauses XIV, Subsection D $ 13.500.00 (c) Additional payment for work to be performed on the Monterey per Special Clauses XIV, Subsection K $ 1,925.00 (d) Additional 12 parking spaces at $6,000.00 per space pursuant to Special Clauses XIV, Sub- section F (2) $ 72.000.00 PAYHBNT: (a) $72,000.00 payment for 12 parking spaces upon separate closing of the conveyance of such condominium parking unit spaces to Buyer $ 72.000.00 (b) Modification of Seller's obligation to the Buyer in the manner described in Special Clauses XIV, Subsection C $260,000.00 (c) Additional payment for work to be performed on the Monterey per Special Clauses XIV, Subsection K $ 1,925.00 (d) Balance to close on the Monterey House (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ 13.500.00 IU. TDIB POR ACCEPTANCE, BFFBCTIVB DATE, FACSDULB: 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 , the deposit(s) 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. TITLB BV1DBRCB: At least seven (7) days before closing date, 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. CLOSDIG DATE: This transaction for the sale of the "Monterey House" shall be closed and the deed and other closing papers delivered on June 1. 1995 , unless extended by other provisions of Contract and the closing on the sale of the 12 additional condominium unit parking spaces as well ¡. as the conveyance of legal title to the original 9 parking spaces appurtenant to the "Monterey House" shall be no later than October 1, 1995 or at such earlier time as the Seller shall have recorded the Declaration of Condominium creating such parking space unit and providing Buyer with 10 days' advance notice of such closing date. n. RBSTIUCTIOftS, BUBIIBftTS, LIMITATIORSI Buyer shall take title subject tOI 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 71 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other those of record; provided that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for OSHAD zoning purpose(s). VII. OCCOPARCY: Seller warrants there are no parties in occupancy other than Seller, but if property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to 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. TYPBWlUTTBN OR BARDWRITTBN PROVISIORS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. RIDERS: (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) Dot her I X. ASSIGNABILITY: (CHECK (1) OR (2»: Buyer (l)Dmay assign or (2).may not assign Contract. XI. SPECIAL CUWSBS: (CHECK (1) OR (2»: Addendum (l).is attached OR (2)Ois not applicable. XII. TIMB IS or TBB BSSBNCB or THIS CONTRACT. XIII. DISCLOSORBB: Buyer Oacknow1edges or Odoes not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures. - _BUYER'S INI'rIALS ---------- Buyer Date Seller Date Social Security Social Security or Tax ID No. or Tax ID No. Buyer Date Seller Date Social Security Social Security or Tax ID No. or Tax ID No. ., , ADDBlmUM '1'0 COl'lTRACT FOR SALB ARD PURCBASB SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BUYER: CITY OF DELRAY BEACH PROPERTY ADDRESS: 20 North Swinton Avenue, Delray Beach, FL XIV. SPBCIAL CLAUSBS (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, ho_ver, 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. Purchase price shall be payable by the parties executing at closing a modification to that certain Agreement heretofore entered into them with regard to the payment of sums by the CRA to the city for the retirement of the Tennis Center debt, a copy of which Agreement is attached hereto as Exhibit "A," such modification to reflect the forgiveness of payments owed to the City by the CRA in the amount of $260,000.00 with such payments to apply and abate against the first payments due under such Agreement until the entire purchase price has been satisfied. D. This Contract is contingent upon the City paying to the CRA at closing an additional cash sum of $13,500.00 for reimbursement of the landscaping expenses incurred by the CRA on the project. E. The CRA is delivering the subject property and house known as the "Monterey" to the City in its "as is" condition. The specification attached as Exhibit"B" establishes the level of construction and completeness thereof for delivery to the City. The City shall have a period of fifteen (15) days from the date of this Contract to inspect the premises and in the event the condition of the premises is not acceptable to the City, the City may cancel this Contract by delivering written notice of such cancellation to the eRA within said time. The eRA does not warrant in any manner the structure or improvements, however, will ...ign without recour.e .ny and all warranties the CRA may have obtained from materialmen and suppliers throughout the construction process. 0. " F. (1) parking Space Unit' Condominium - As an appurtenance to the purchase of the Monterey House, the City shall be entitled initially to the exclusive use of 9 parking spaces on the CRA's abutting parking lot to the West pursuant to the terms of that certain Off-Site parking Agreement attached hereto as Exhibit "C." During such use the City shall be responsible to pay to the CRA its proportionate share of the maintenance and repairs of such parking lot. It is the CRA's intent to create and submit the above-described parking lot, as well as other lands to condominium form of ownership creating parking space condominium units out of each space within said lands. At such time as the CRA shall have recorded a Declaration of Condominium, submitting such lands to condominium form of ownership, the City shall consent to the termination of the above-referred to Off-site Parking Agreement and the City shall be entitled to a conveyance of fee simple title to the above-described nine (9) parking spaces as reasonably depicted in Exhibit "C" subject to the terms, conditions and obligations created by the Declaration of Condominium with respect thereto. The purpose of the condominium association shall be for the maintenance, repair and operation of the subject parking lot and the terms and conditions of the said Declaration of Condominium shall be subject to the mutual approval of the City and the CRA. (2) Purchase of Additional Twelve (12) Parking space Condominium Unit - Upon the recording of the above-described Declaration of Condominium. the City shall purchase from the CRA those certain twelve (12) additional parking space units depicted in Exhibit "D" attached hereto for the additional purchase price of $72,000.00 subject to the above-described terms of the Declaration of Condominium. G. Notwithstanding any provision of this Contract to the contrary, the parties hereby agree that the closing costs will be split SO/SO and paid by the Buyer and the seller, with the exception of the Buyer's and Seller's attorneys' fees. H. Second Floor Room - The Buyer agrees that for the shorter period of ten (10) years or the time during which the Seller shall own and occupy the "Bungalow" located at 24 North Swinton Avenue, adjacent to the subject property, the Seller shall be entitled to the non-exclusive common use of the second floor room and facilities located at the "Monterey" house as set forth in the Drawing attached as Exhibit "E" at no cost to the Seller. I. Property Owner's Association and Additional Easements - The subject property shall be conveyed to the City subject to the Declaration of Covenants and Restrictions for Delray Beach Historic Homes and Property Owners Association documents attached hereto as Exhibit "F." The purpose of such Declaration of Covenants and Restrictions and Property Owners Association shall be for the common use and maintenance of the common area and grounds surrounding both the Monterey House being sold and the CRA's adjoining bungalow as described in such documents. J. Title shall be conveyed to the Buyer subject to the obligations with regard to the maintenance of the subject property as set forth in that certain Letter of Agreement between the State of Florida, Department of State, Division of Historic Resources, and the Seller, a copy of which is attached hereto as Exhibit "G." K. The Buyer agrees to pay to the Seller at closing an additional sum of $1,925.00 representing the owner's matching portion of work to be performed on the "Monterey" pursuant to that certain state of Florida Historic Preservation Grant awarded to the Community Redevelopment Agency, a copy of which is attached hereto as Exhibit "H." L. All terms and conditions of this Contract shall be deemed to have survived the closing of this transaction. Seller's Initials: Buyer's Initials: ., ---.. -.- --~-'_....',< '.....--...,.,. .-.---- _. -, _.--r_....... .,..._....,.. ..___ B'.rAllDARDB FOR RBAL BBrATB TRANBJlCTIONB A. ~orU:r:La: {l)An abstract of title prepared or brought current by a. reputa.ble and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis 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 tne earliest public records, or such later date as may be custoœary 1n the county. Upon closing of this transaction the abstract shall becane the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title in!lurance cCJIDlIlitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to 11..n3, encUll'brances, exceptions or qualification set forth in th.is Contract and those which shall be diøcharged by Seller at or before closing. Seller shall convey a aarketable title .ubject only to liens, encumbrances, exceptiona or qualifications set forth in Contract. Marketable title shall be det.núned 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 comø.1tment, frea 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 (a). If the defect (a) render title u...arketable, Seller will have 120 daya frOll receipt of notice within which to r.ove the defect (s), failing which Buyer shall have the option of either accepting the title as it then is or dmandlng a refund of deposit (s) paid which shall imrD.edlately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diliqent effort to correct defect (s) in title within the time provided therefor, including the bringing of necessary suits. 8. IIJRCIIAII& __ _; ~n _ !'O sa.rA: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first Mortgage and a 15 day grace period if second or lesser mortgage, shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage (s), and the mortgage, note and security agreement ahall be otherwiae in form and content required by seller: but Seller may only require clauses customarily found in aortgaqes, aortgage notes, and øecu.dty agr...nts generally utilized by aaving and loan institutions, or state or national banks located 1n the county wherein Real Property is located. All Personalty and luses being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon aortgaqe, the final payment will exceed the periodic payments thereon. C. SftVØ: Buyer, at Buyer'a expense, within t1a. allowed to deliver evidence of titl_ and to examine ....., .ay have Real Property surveyed and certified by a~ registered Florida surveyor. If survey shows encroachaant on Real Property or that i.prov_ents located on Real Property encroach on aetback lines, eaaenents, lands of others, or violate any restrictions, Contract covenants or applicable qoverruaental regulation, the same aha II constitute a title defect. II ~II"'I 1I~·u. ., IbI~..'. 'R,aR."t. iUll- ~hu ll'i I'd '''Ii ".J1" I' 'i -111 "tv .f tit"lv .RIII tiT f 7 ..... In~ kt 'i RI.l Pn,...~~ hlllp-1".1II~) r Klrrl1't ~-r 'lfl.111 P.... i'VIII~"11 'Tv".'." ~'ì "ataAliR. if 'he.. J.. .R~· ·lTI~I. ..'1 . ,...It.. tRI;.t; trTA t/"J' '11'1~]1 P-i.·UR, 11.1'1' fl'. "IN.'e iAf-1't"r,j9R iR ,):II' '~'I'r .SRti. If ¡1...tn.. U' ~T'h ."'ì fvnlll Iii) ... \11 ~- 1 tlr~1' ,.._ .a'EI If 1'1"lft ~.'1.. 'he,.... s'lklA ~l.k 'I ka . all '''.''8., "'.'"e, 1.1-.1. '1" A.... lf1.,·lItilll ..fl. ..'lllla'." .... .. U..na.1I .111.11..1 ... !i-q8r.I ..",....,.. ".11... .t¡.ll p.~ v.li. ivr~.. -rf ,....t .A' .111..1 ...,at T vf .11 TIIA"I'. , ~, :J. If ,url1r.r fF't r. t'lulllll1 . J8Þi ......P' VR...t' "n\ alublR'. 1101).... .h.ll h. .. \t:,v .,\i.fR .f 8I1A...li"1 {" 'Jr I't; 1 itt:llA i -tr~.. ."., "..Tt" .f .eRt... ......I. Tv,_l.. e.'1..~v Ii) ,1 lR, 1..1"'ev Ai'l.. t. taller a. 8t¡¡~.. .þ~ e1ea\ ~v ,.. i'i.iI i4¡ih ..h. '..".a1"ll". IA Hki.h I. aJI' 9.1.... .\lall .....1 .. a ....iM, a' .lIlh, al ." "UJ.fI'i alp_l ,. \~8 '.'..1 wi ,~. ~UU,\.U!, "Jill .I,all ..,t..,. In' hi ...... .f ~, if thv , '..v....e 'I'i.. -TaRi'..- .hall In 1I...lllilv' ,.. iR'iltlilil all r..1I &I..'..~ lA, .rJ~Al_. ..1L11I'a1 'v k. l'i'il"I¡f lIA&I.. the FlIst... PI'I''ï {"1i'."rvl 1I.1i't: .. ~I AIm _,: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended u'se aa described in Paragraph VII hereof, title to which is in accordance with Standard 1A. r. LaUU: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters fran each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposita paid by tenant. If Seller is unable to obtain such letter from each tenant, the aldfte inforaation shall be furnished by Seller to Buyer within that t1Jne period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confie. such information. Seller shall, at closing, deliver and assign all original leases to Buyer. II. LIllIS : Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no illprovM:enta or repairs to Property for 90 days ilUlediately preceding date of closing. If Property haa been improved, or repaired within that tillie, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, aubcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the nues of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improv...ente or repairs which could serve as II basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. The said Seller's Affidavit ZIIhall indemnify and provide for the defense of Buyer with regard to any claiJas arising fcOID aatters warranted to in the Seller's Affidavit. s. PLIICII or CLOSIJIIJ: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. u.: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday ahall extend to 5:00 p.m. of the next business day. J. _ II:IIl CLOSIJIIJ: Seller shall furnish deed, bill of sale, aechanic' s lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing stat_ent, aortgage, mortgage note, security agreement, and financing statements. K. -.s: [):)cumentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase aoney mortgage to Seller, deed and financing stat_ents ahall be paid by Buyer. L. PIIORM'IClfII CMDUI: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any exlating policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing: shall be increased or decreased as aay be required by prorations. Prorations will be .ad. through day prior to occupancy if occupancy OCcurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be proratttd based on the current year's tax with due allowance aade for aaxiawa allowable discount, hOlllestead and other eZMptions. If closing occurs at a date when the current year's .i11age is not fixed, and current year's asses_ent is available, taxes will be prorated. basad upon such aasesament and the prior year's millage. If current year's assessment is not available, then tazes will be prorated on the prior year's tax. If there are cOlllpleted improvements on Real Property by January 1st of year of closing which improvementa were not in es:istence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessraent to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an infomal assessment taking into consideration available ex..ptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. II. u.cuL UnB_ U"': Certified, confirmed and ratified special asaesSIDent liens as of date of closing (not as of Effective !Jete) are to be paid by Seller. Pending liens as of date of closing shall be assWled by Buyer. If the improvement has been substantially ccnpleted as of Effective Date, such pending lien shall be considered aa certified, confiCllled or ratified and Seller shall, at closing, be charged an amount equal to the last esti.ate of assessment for the iIIprov_ent by the public body. . -- 1_. ~AIm- ~r ~"tl]v. '-~"IA'" ,It.,. I. " 1':' ill}. ,..ti. , 1'1..1"" 'hi v.1U...,. ."f U-T1J11I~A' 'h. f..d. <::11" rlff1'.) ¡pi .v'ls18" .A~ 1A\V.1,.. '.11.. ... 1.11. (1. ¡If' t ill'Atl .AII ~V'''I.,. liT AI' ~1 i .111' ·qrIPtt .,'IDE·lçr .1 leali , .,.. &I.ma,. ,. .t.lI....I¡I..l 1""111'1 a,,1I th... 'tli ..,'iv "A~. firI. rl1 ..jT" .,,11 AT'''. iT~.1'1·nI 1'~, h- ~ hI. ..;llA!_ ,1.v~I''''..). ,11Ø11~a.A! ~ .".... ...4 ...~"-1I1W\ .... 1F! ~1Q'nKIm: ~Qt'~I'tIQtI R~ap' ".). 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" .f _In ,¡ueh.rv ,ri-i. aLlY." ., tvll.. .I!» .la.' 'iT ...~ 'nit q-1"T.W". (.11iR. fhl.h lit):llF ,art:. 1111:" -1I.1'v1 "\:il.. Ç.R1ur'¥" If r.II...~, R.IiI. t, Ti...-i\- 'h. "'vf....... ,.i.. ,. Il..IAI. 'illI n.' 'tI....f .11,11 II. p.l11 lA" ..."s ., Tl..ill' rrl1.. 1111. ",." ...........1. II""... pl" till 1J't111'dl. .1.. i.. 'R" ...... 'I. ,~. P"".J't~ fir i-~T.ti'fA.. 1t::'î'I nU.Rf . .IIt th"'I'LI," p.le. 'v vll'.lA1 g.V",,, ¡f~ii'l I PH'. anti ,It. &I.'e If .I..iA,. i1i~f' f.. J''ip.t..1' ".'fYi..a. ¡¡~ 'ltl. C'.Rllarll. ('.IIvl' .):Ial1 aiA,.IA P"i"I"~ .i..a1t¡¡..i"J Rut Avt liai,.&I 'e \)11. 1. ~ IRII .h.!¡I.lii»), lA tAa -vAlil'iI"A "vr.lR 1'fI...R_.... nU I' I F.. 8.1' t t.lIl' IR. rtiil O. aIR or LOSI: If the Property is daaaged by fire or other casualty before closing and cost of restoration does not exceed 3' of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to tne teras of Contract with restoration costs escrowed at closing:. If the cost of restoration exceeds 3' of the 8ssessed valuation of the improvEllrlents so damaged, Buyer shall have the option of either taking Property as is, together with either the 3' or any insurance proceeds payable by virtue of such loss or daaage, or of canceling Contract and recelving return of deposit (s) . .' ., P. PaOCIIKDS or SALI:; a.oS::tHCJ PJtOCIIDOR&: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which 'WOuld render Seller'a title' unmarketable from the date of the last evidence. Proceeds of the sale shall be held in e!lcrow by Seller' a attorney or by such other mutually acceptable e:lcrow agent for a period of not longer than 5 days from and after cloaing date. If Seller I s title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller ahall have 30 day!! from date of receipt of auch notification to cure the defect. If Seller faila to timely cure the defect, all depoait (s) ahall, upon written demand by Buyer and within 5 daya after demand, be returned to Buyer and almultaneoualy with !luch repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except a" may be available to Buyer by virtue of warranties contained in the deed. If a portion of the purchA!le price is to be derived from in!ltitutional financing or refinancing, requirements of the lending institution aa to place, t1lne of day and procedures for closing, and for disbursement of Iftortgllge proceed" shall control over contrary provision in this Contraot. Seller shall have the right to require fcoat the lending inatitution II written commitment that it will not withhold disburs....nt of Iftortgag. proc:_da as a r.sult of any title d.fect attribLltable to Buyer-mortgagor. The escrow and closing procedure required by thi" Standard may be waived if title agent insures adverse aatters pursuant to Section 62'7.'7841, F .5. (1989), as aaended. Q. asaw:M: Any escrow agent (tlls!!l.t,tI) receiving funda or equlvalent 1s authorized and agrees by acceptance of them to deposit them prc:nptly, hold same in escrOW' and, subject to clearance, disburae them In accordance with teI1ll.s and conditions of Contract. Failure of clearance of funds !lhall not excuse Buyer's performance. If in doubt as to Agent'a duties or liabilities under the provisions of Contract, Agent may, at Agent'" option, continue to hold the subject matter of the escrow until the parties mutually agree to it!l disbursement, or until a judgment of a court of cOlDpetent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk: of the circoit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any itema previously delivered out of escrow. If a licen!!led real estate broker, Agent will comply with provision!J of Chapter 475, F.S. (1989), as 8JDended. Any suit between Buyer and Seller where Agent i:l lIade a party because of Acting as Agent hereunder, or in any suit wherein Agent interpleads the "ubject matter of the escrow, Agent ahall recover rea!lonable attorneys' fees and coats incurred with the fee!! and costa to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costa 1n favor of the prevailing party. Parties agree that Agent shall not be liable to any party or peraon for misdelivery to Buyer or Seller of itØÞ!l subject to this escrow, unless "uch IÚsdelivery is due to willful breach of Contract or groas negligence of Agent. k. ~ IDS; COS~S: In any litigation arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shlllll lnclude Seller, Buyer, listing broker, Buyer's broker and any .subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costa. S. rAILIJIUI or nRI'Ol'KAIIC:3: If Buyer fail a to perform this Contract within the time specified (including payment of all deposit (s)), the depo.sit (a) paid by Buyer and depoait (a) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damage", consideration for the execution of this Contract and 1n full settlement of any claimsl whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under thi!l Contract. If, for any reason other than failure of Seller to make Seller I s title l1arketable after diligent effort, Seller fails, neglects or refuses to perform thi!!l Contract, the Buyer may !leek specific performance or elect to receive the return of Buyert s deposit (a) without thereby waiving any action for damages resulting froat Seller t a breach. !'. CXIftØIC'!' RO'1' ~: IGtIQHI ~; ~CI:: Neither this Contract nor any notice of it shall be recorded in Dny pUblic recorcb. This COntract shall bind and inure to the benefit of the parties and their successors in intere!lt. Whenever the context permits, !lingular shall include plural and one gender .!Ihsll include all. Notice given by or to the attorney for any party shall be as effective aa if given by or to that party. O. COMftYARCa: Seller ahall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardlan'!I deed, as appropriate to the .!Itatus of Seller, subject only to lI1atters contained in Paragraph VII and those otherwise accepted by Buyer. Peraonalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. oam ~S: No prior or present agreement" or represent.tions shall be binding upon Buyer or Seller unless included in thia Contract. No modification or change in this Contract shall be valid or binding upon the parties unleas in writing and executed by the party or partie.s intended to be bound by it. ". taRRAlftIU: 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 diaclo!led to Buyer. EXHIBIT i "A" AJŒ1IDMEJi!r '.rO ~IŒ I~ AGItJb:KB)J'% U~BlI ~BB CIn OF D!i1.RAY BEACB AHD ~ DZLRAY BEACH CONMUHI'rY RBDEV'ELOPMEH'r AGBHCY FOR ~HE PAYHBHT OF HOHIES BY TD DELRAY BEACH COMMUlfITY Rl:DBVELOPMEKT AGE!fCY III COlOTEC~IO!l WITH ~BE COIfSTRUCTIOII OF THE CITY OF DSLRA!' BUCH MUNICIPAL HHlIIS CDfTER. THIS AMENDMENT TO THE INTERLOCAL AGREEMENT, entered into this _ day of I 1995 (here~na£ter referred to as the "Amendment"), by and between the CXTY OF DELRAY BEACH, FLORIDA, and its successors and assigns, hereinafter referred to as "C~ty , a municipal corporation existing under the laws of the State of Florida, and the DEI..RAY BOCR COMMUHITY REDEVELOPIŒlr.I! AGBBCY, and its successors and assigns, hereinafter referred to as the "Aqency", a community redevelopment agency established pursuant to Secti.on 163, Part II, of the Plorida Statutes. WIT N E SSE T H: WHEREAS, the City and the Agency have previously entered into that certain Interlocal Agreement dated February 7, 1995 and such Interlocal Agreement is bei.nq amended in its ent~rety to read as follows: WHEREAS , the city recently renovated the Delray Beach Municipal Tennis Center which is located within the Community Redevelopment Area; and WHEREAS , ~ consideration for the City's decision to renovate the Municipal Tennis Center, and to allow it to reJDain in the Commun~ty Redevelopment Area, the Agency desires to contribute c:'dae.\cli.ntc\era\~eanL8.~'1n~.rloc.ten DAAI"r +2 3-3D-95 1 . monies to assist the City in paying off its debt; and . WHEREAS, the City and the Agency agree that the contribution by the Agency to assist in the payment of the costs associated with renovating the Municipal Tennis Center is in the best interest of both the City and the Agency and is necessary to the continuation of a Munic ipal Tennis Center within the Community Redevelopment Area; and WHEREAS, the City and the Agency have entered into the Contract for Sale and Purchase whereby the City is purchasing from the Agency that certain historic home located at 20 North Swinton Avenue, Delray Beach, Florida, such historic house known as the "Monterey House" such Contract for Sale and Purchase being incorporated herein by reference (the "Contract"); and WHEREAS, the said Contract provides that the Agency shall accept as consideration for such purchase a set off of Two Hundred Sixty Thousand Dollars ($260,000.00) against the first payments which otherwise would have been due pursuant to this Interlocal Amendment and the payment schedule set forth in Section 3 of this Amendment reflects the credit to the Agency for the Two Hundred Sixty Thousand Dollars ($260,000.00) purchase price owed by the City to the Agency under the Contract for Sale and Purchase. NOW, THEREFORE, pursuant to the respective powers granted to the City and the Agency under Section 163.01, Florida Statutes, and other applicable provisions of law, and in consideration of the sum of One Dollar ($1.00) paid by each party to the other, the receipt c: \docs\clients\cra\tennis.ctr\interloc. ten DRAFT '2 3-30-95 2 " of which is hereby acknowledged, the mutual covenants and agreements herein contained and other good and valuable consideration, the City and the Agency agree as follows: Section 1. Representations of the Aqency. The Agency is an agency established pursuant to the Florida Statutes with full power and legal right to enter in to this Amendment and perform its obligations hereunder. The Agency's actions in making and performing this Amendment have been duly authorized by all necessary official action and will not violate or conflict with any applicable provision of the Constitution, or laws of the State of Florida or with any ordinance, government rule or regulations, or with any agreement, instrument or other document by which the Agency or its funds or properties are bound. Section 2. Representation of the City. The City represents that it is a municipal corporation existing under the laws of the State of Florida, and with full power and authority to enter into this Amendment. Section 3: Pavrnent. The Agency shall be credited for the first $260,000.00 of semi-annual principal and interest payments. Semi-annual payments 1-9 will be fully credited. The 10th semi-annual payment due December 1, 1999 will be credited, in part, in the amount of $12,281. 43 and the Agency will pay $12,486.96 on December 1, 1999. The Agency will commence full payments of $24,768.39 on June 1, 2000 and a like sum semi-annually thereafter through June 1, 2008. Said payment schedule reflects c:\docs\clients\cra\tennis.ctr\interloc.ten DRAFT .2 3-30-95 3 .' . the amortization of Four Hundred Eighty-One Thousand Dollars ($481,000.00) at 5.72% interest over an approximate fourteen (14) year period (see Exhibit "A") . Section 4. Payment of Fees and Expenses. If the Agency shall default under any of the provisions of this Amendment and the City shall employ attorneys or incur other expenses for the collection of the payments or for the enforcement of performance or observance of any obligation or agreement on the party of the Agency contained in this Amendment, the Agency will on demand therefor pay the reasonable fees and expenses of the City and its attorneys (collectively referred to as "Additional Obligations"). " Section 5. Recordation. Prior to the effectiveness thereof and pursuant to the requirements of Section 163.01(11) of the Florida Statutes, this Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Section 6. Effect of Waiver. In the event any agreement contained in this Amendment shall be breached and such breach shall thereafter be waived, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder . Section 7. Multiple Counterparts. This Amendment may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. c:\docs\clients\cra\tennis.ctr\interloc.ten DRAFT t2 3-30-95 4 . .' .' , - Section 8. Severability of Invalid Provisions. If any clause, provision or section of this Amendment be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereof, and this Amendment shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. Section 9. Repealinq Clause. All resolutions and agreements of the City and the Agency in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistency exists. WHEREFORE, the parties hereto have set their hands and seals on the date set forth next to their signatures. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Date: Approved as to form and Legal Sufficiency: City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Chairman Date: c:\docs\clients\cra\tennis.ctr\interloc.ten DRAFT 12 3-30-95 5 .' , . . - .- . . . CITY OF DEUU BEACH CU LOAI AGlEElERt FILE: ClU4C4 =::==::=;;===================:;;;:;:;;::::==::::::::;:;:::::::;::;;~=::::;=======:::===~~ Period D&t~ Idereat Prildpd . h¡nllt Oltltildill 5.7U Auul B&llIcc 481,ODO PaJlent 13.5. ..........---...------ ------ -- . -...----------.- . . 481,000.00 1 06/01/95 1~,S'J.41 31,000.00. 49,511.41 450,000.00 49,571.41 . 2 J2/0J/95 IJ,170.00 11 ,198.39 24,768.39 C3SI!OI;U 3 06/01/96 12,519.71 12,231.69 , 24,768 .39 415t'U.n 4'1S36.79- 4 12/01/96 12,179.6' 12,588.71 24,161..39 413t274 .2J . 5 06/01/97 11,819.64 .12,941.75 24,168.39 400,325.46 HIS36.'9 , 11/01/97 11,449.31 13,319.09 14,768.39 387,006.37 7 06/01/98 11,068.38. 13,700.01 24,768.39 373,306.36 49,S36.79 ~ 8 12/01/98 '10,676.56 14,091.U 24,168.39 359,214 .53. 9 06/01/99 to;273.5( 14,494.86 H,1U.H 3H,7U.67 49,536,79 10 U/Ol/U 9,858.98 14';909.H .14,76J.39; 3291810.16 11 06/01/00 ',432.S7 15,335.82 ~1,'6i:39 314,414.44 49,536_79 <. 12 12/D 1/00 &,993.97 J51774.U 4,768.39 298,700.02 13 06/01/01 8,H2.12 16,22S.51 24,768.39 281,474.44 49,536..19 14 U/Ol/01 ',078.77 16,689.62 14,768.39 265,784.81 15 06/01/02 7,601.45 11,166.95 24,168.39 248.611.87 (9,536.19 ) 16 U/Ol/02 7,110.47 n ,657 .92 24,768.39 230,959.95 17 06/01/03 6,605.45 18,162.94 24,168.39 212,197.01 49,536.79 18 U/01/03 6,085.99 ·11,681.40 %41161.39 194,11'-61 19 06/01/04 S,SSI.6B " U,2U.12 24,768 .39 m,J91JO 4',536.79 20 12/01/04' 5,002.08 19,'66.31 24,768.39 155,131.5' 21 06/01/0S 4,43'.'6 20,331.63 24,7U.39 134,799.96 H,S36." 22 n/ol/os 3,855.21 20,913 .11 24,768.39 lU,886.14 23 06101106 3,251.16 21,511.23 24 768.39 92,375.61 49,536.19 . 24 12/01/06 2,641.'4 22,116..45 24,168.39 70,249.16 . 25 06/01/07 2,009.t3 22.759.21 24, au; 47,419.90 49,536.79 26 12/01/Ô7 1,358.21 23,410.18 14,161.39 241019.71 27 D6101/0! 688.68 14.,079.71 24,761.39 0.00 49,536.79 ....................................... .....--..----- 111,549.63 481,000.00 693,$49.63 693.549.63 -------------------------------------.. ------....... '. --.-.---------.-...............-------- .........------ "" . ..., ; " ¡. . . EXHIBIT "B" Made part of the Sale and Purchase Agreement by and between the Community Redevelopment Agency of Delray Beach, as Seller, and the City of Delray Beach, as Buyer. Construction items to be Completed on or before the day of closing, except as noted: A. Parking Lot 1. Nine parking spaces allocated to the Monterey will be completed in the adjacent condominium parking lot. B. Masonry 1. Chimney top to be reconstructed according to the architect's plan. This item will be used as a match for the State grant and may be delayed until after closing. C. Hand Rails (Exterior) 1. The hand rails on exterior steps including front door and rear door and deck steps to be completed. This item will be used as a match for the State grant and may be delayed until after closing. D. Interior Stairs 1. Interior stair rail will be completed. E. Doors - Interior 1. Interior doors will be installed in all openings indicated on sheet "A-4" of the architectural plans. For door #32, a 32" flat panel type will be provided after closing, however, if we cannot find a flat panel, we will install a raised panel. Door #33 and #34 will be raised, six-panel doors unless we can find a flat panel. These doors will be provided as part of the State grant and may be delayed until after closing. 2. Exterior doors #24, 37, and 38 will include fire rated pneumatic closers. This item may be used as a match for the State grant and, therefore, installed after closing. 3. All doors will includè hardware, Mortise locks will be used on the original doors where practical, and cylinder locks on new doors and doors which require a handicap lever. The hardware missing on existing doors and on doors #32, 33, and 34 will be installed under the State grant and may be delayed until after closing. .. , . -2- F. Floor Finishes 1. Carpet in the second floor Office 3. A sample board will be furnished to the City. This item may be provided as a match for the State grant and may be delayed until after dosing. G. Ceramic Tile 1. Ceramic tile in existing bathrooms will be cleaned. In the second floor bathroom adjacent to the clerical room, the tile will either be matched or a portion removed and reused where needed in critical areas. This item may be used in the State grant as a match and may be delayed until after closing. H. Plumbing 1. Second floor bathroom sinks to be installed. This item may be used in the State grant as a match and may be delayed until after closing. 2. Install handicap accessible water fountain in Lounge. 3. Install fire sprinkler main and water supply to the house. This item may be used in the State grant as a match and may be delayed until after closing. I. Electrical Please note that the State grant will provide $1,125 for interior electrical fixtures and $1,350 for exterior electrical fixtures. A $1,125 match by the City or its tenant will be required. NOTE: The architectural plans prepared by Roy Simon, including sheet numbers A-1 (12/15194); A-4 (8/12/94); A-5 (8/5194); S-1 (11/29194); S-2 (8/12/94); P-2 (9/1/94); AC-2 (7/20/94); E-2 (7122194); and E-3 (9122/94), are not to be relied upon for the condition of the sale and purchase of the property 4/12/95 .' , ~ ~ . The following items are contingent upon the CRA receiving State of Florida, Division of Historical Resources, Grant in the amount of $13,050: A. Security system, limited to $1,600 expenditure. B. Smoke alarm, 2 battery operated. C. Interior lighting fixtures; $1,125 allowance from the grant proceeds. D. Exterior lighting fixtures, $1,350 allowance from the grant proceeds. E. Hurricane protection (shutters); $6,900 allowance from the grant proceeds. . 4/12/95 , EXHIBIT ~ " . I "e" OFF-SITB PARKING AGREEMENT THIS AGREEMENT is made and entered into this ,:~tL day of HtHX!..1-I , 1995, by and between, the COJIMUNITY REDEVELOPMENT AGENCY OF !rIlE CITY OF DBLRAY BBACH, (the "CRA"), and the CITY OF DBLRAY BBACH, (the "CUY"). WIT N E SSE T H: WHEREAS , the CRA is the owner of certain real property described as the South 50' of Lot 11 and Lot 12, Block 60, TOWN OF DELRAY, Florida, a~ recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida and has constructed thereon two historic houses, i.e. "Monterey" and the "Bungalow," pursuant to its Community Redevelopment PlanJ and WHEREAS, the requirement of the CITY for approval of the Site Plan for the "Monterey" and "Bungalow" is providing off-site parking on the abutting property "Abutting Property" owned by the CRA being described as the South 25.3' of Lot 4, Lot 5 and Lot 6, Block 60, TOWN OF DELRAY, Florida, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, FloridaJ and WHEREAS, the CRA is willing to make provisions for the use of a portion of' the Abutting Property for parking to serve the Monterey and the Bungalow respectively. NOW, THEREFORE in consideration of Ten Dollars ($10.00) and other good and valuable ,consideration the CRA hereby agrees as follows: 1- The recitations set forth above are incorporated as if fully set forth herein. 2. The CRA does hereby dedicate the nine (9) parking spaces described and marked in Exhibit "A, " attached hereto, including but not limited to the right of ingress and egress to such parking spaces (the "Monterey Parking Spaces") for the use and benefit of the Monterey. 3. The CRA does hereby dedicate the six (6) parking spaces described and marked in Exhibit "A, " attached hereto, including but not limited to the right of ingress and egress to c. }d"".'cH.nt.'cr.'''btortc. ...., Of -Site Parking Agr_nt , such parking spaces (the "Bungalow Parking Spaces") for the use and benefit of the Bungalow. 4. The CRA hereby agrees as follows: A. The CRA and its successors entitled to the Bungalow and Monterey shall maintain the Bungalow Parking Spaces and the Monterey Parking Spaces respectively in a neat, clean and sanitary condition, free from all garbage, trash, litter, and debris and to provide whatever maintenance is required thereon, including but not limited to asphalt repair or repaving, and painting lines thereon to clearly mark the parking spaces; and B. The CRA shall not unreasonably obstruct, impede or interfere in the use of such common area, driveways, and parking for the Bungalow and Monterey; and C. The CRA shall not construct or place any improvements in the Bungalow Parking Spaces or Monterey Parking Spaces without the written approval of the CITY. S. This Agreement shall not be terminated, altered, limited, changed, or modified unless in writing, signed by the CRA and the CITY except as set forth in Paragraph 8 below. This Agreement shall be binding upon and run to the benefit of each party, its successors, assigns, or heirs as the case may be. This Agreement may be enforced by any of the parties hereto including but not limited to the CITY. The CRA and its successors entitled to the Monterey and Bungalow shall pay all applicable real property taxes, charges, and assessments levied or imposed on the real property owned by such party without increase or limitations as a result of this Agreement. 6. Each and every Agreement, covenant, promise, undertaking, condition, easement, right and privilege made, granted or assumed by the CRA shall be an equitable servitude on the - , - . . - ¡, assigns, and mortgagees of the Bungalow and Konterey and any lessee, assignee, mortgagee, or transferee of any part of the property shall automatically be deemed, by acceptance of the estate or title of such parcel, or a portion thereof to have assumed all obligations thereof relating thereto. 7. The CRA agrees that the land comprising of the Konterey Parking Spaces and Bungalow Parking Spaces marked on Exhibit "A" should never be disposed of except in conjunction with the respective transfer or sale of the Bungalow or Konterey as the case may be so long as such parking spaces are required by the owner of the Bungalow or Monterey respectively. 8. This Agreement may be released by the CITY at such time as the Bungalow Parking Spaces and Monterey Parking Spaces are no longer required, or that other off street parking facilities are provided by the respective owners of the Bungalow and/or Konterey. 9. This Agreement shall be recorded, the expense of the recording to be borne by the CRA. In the event this Agreement is released, the owner of the respective parking spaces shall bear the expense in recording the release. IN WITNESS WHEREOF, the parties have heretofore executed these presents and affixed their seals hereto as of the day and year first above written. WITNESSES: COMMUNITY REDEVELOPMENT AGENCY ,4J¡~ OF THE CITY F DELRAY BEACH B 7f~;¡... i CITY OF DELRAY BEACH BY'/~~ ., , " , .. . , STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, appeared KEVIN EGAN, Chairman of the Community Redevelopment Agency, who is personally known to me or who produced as identification, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of ~~II~ ' 1995. ....~~~ Pit.. DIANE G. HERVEY Á5t44( ð iJ. ~ Notary Public ~ & 'í, CO",.,1981O.. , cc 332508 State of Florida \} ~ EXPIRES NOV 28.111111 My Commission Exwres 11/,)'(/" OF AI18nlle Bond'1 Co., Inc. ( SEAL) II: 'OO'1~. 245 ' Commission No. I C ð3..:ßO STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, appeared THOMAS E. LYNCH , as the Hayor of the City of Delray Beach, who is personally known to me or who p~ód~ced as identification, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ...2::L- day of mG.A~.I1 , 1995. £~ /11 C£t~ Notary ublic Lj.-d~II1, fllfM State of Florida My Commio¡;ion My Commission Expires (SEAL) Expires August 17, 1997 Commission No.1 Comm. No, CC310881 " ., . : . -. " Exhibit "A" I I -- -__J~1L__~ STOP BAR ®+ ~ - :; '~';I ë. .. . . . .. ~ . ~ ,..... . . : ...¡. ,.... , . '-0 , 24' 'I' ' ~. " [91.tS ON XH/X.L] l.1 : 91 NOW S6/01ltO , , t·. ' EXHIBIT I I liD" I I City of De/ray Beact I Parking Spaces . ~ - 131.61' -- " - .", . . . ( '.. . . . ~ : · . , '. .- . .. · ~ ;:..... .. .. '.~' . .: .~' , . ,..... ." 0. '0. · . ~ . · a - ~ . .. " . . . . ~ ... . .. Monterey c P!,ukfng Spacè .. 24' ... ëØd Wdt>'t>':S S66't en' ,,¿dl:: 68t>'S 9Lë LØt>' : 'ON 3NOHd 'I::'d 'ì3IdSè!3a3.::1 'M .lè!3aOè! : wO.J..:f .' .' [9LVS ON XH/X.L] L1 :91 NOW SS/OT/to .. EXHIBIT , "EI, - i . ! . , . o,"Plc;a - 'S I ) ,.... .@.., @e. 'W 1 I ø~,.&c::e It - ... I , i I ¡ : I . . . . . £0d WeISt:' : 50 5066't 0't'~dl:::: 6817S 9LG L017 : 'ON 3NOHd 'I::::'d 'ì3 I dS?£Ia3.:! 'M 1.è:l3aOè:l : Wo~.:! " EXHIBIT I IIF" DEC ANTS AND RESTRICTIONS FOR DELRAY BEACH HISTORIC HOMBS THIS DECLARATION, made this _____ da of , 1995, by the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"), which hereby declares that the real property described in Exhibit "A" which is owned by DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth. I DEFINITIONS The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: A. "Declaration" shall mean and refer to this Declaration of Covenants and Restrictions for DELRAY BEACH HISTORIC HOMES. B. "Association" shall mean and refer to the DELRAY BEACH HISTORIC HOMES Property Owners Association, Inc. , a Florida corporation not for profit. C. "Articles" shall mean and refer to the Articles of Incorporation of DELRAY BEACH HISTORIC HOMES Property Owners Association, Inc., which is attached hereto as Exhibit "1" and by this reference made a part hereof. D. "Bylaws" shall mean and refer to the Bylaws of DELRAY BEACH HISTORIC HOMES Property Owners Association, Inc. , which is attached hereto as Exhibit "2" and by this reference made a part hereof. E. "Common Use Land" shall mean and refer to that certain property which is more particularly described in Exhibit "A" attached hereto and by this reference, made a part hereof. F. "Lot" shall mean and refer to those parcels of land upon which exists the "Bungalow" and the "Monterey" as described in Exhibit "A." G. "Owner" shall mean and refer to the record owner or owners of the fee simple title to any Lot. II. PROPERTY RIGHTS Section 1. Owner's Easements of Enioyment. Subject to the provisions below every Owner shall have a non-exclusive right of use and easement of enjoyment in and to the Common Use Land together with an easement for access to and from Public Rights of Way which shall be appurtenant thereto and shall pass with title to the property owned by such Owner, including Units, subject to the following: A. All provisions of this Declaration and the Articles of Incorporation and Bylaws of the Association; B. Rules and regulations governing use and enjoyment of the Common Use Lands ("CUL") adopted by the Association; C. Restrictions contained on any and all plats of all or any part of the CUL or filed separately with respect to all or any part or parts of the Property. .' ¡, Section 2. Deleaation of Use. Any Owner may delegate, in accordance with the Bylaws, its rights of enjoyment to the CUL to his tenants or contract purchasers of the property. Section 3. Removal of Common Use Lands. Notwithstanding any provision herein to the contrary, either party may remove any portion of the common use lands not designated as ways of ingress and egress for the purpose of expanding their respective buildings by notifying the other party, in writing, and recording an instrument depicting such additional land being removed on a sealed survey. III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a member of the membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment. Section 2. Classes of Votina. The Association shall have one class of membership, which class shall have such voting rights, as are set forth in the Articles. IV COVENANTS FOR MAINTENANCE ASSESSMENT Section 1. Creation of the Lien and Personal Obliaation of Assessments. The CRA, for each Lot owned by it within the Project hereby covenants and any Owner of any Lot (by acceptance of a deed therefor whether or not it shall be so expressed in any such deed or other conveyance) including any purchaser or a judicial sale shall hereafter be deemed to covenant and agree to pay to the Association any annual assessments or charges and any special assessments for capital improvements or major repairs assessments to be fixed, established and collected from time to time as hereinafter provided. All such assessments together with interest thereon from the due date at the rate of eighteen percent (18%) per annum and costs of collection thereof (including reasonable attorneys' fees), shall be a charge on the land and shall be a continuing lien upon the Lot(s) against which each such assessment is made, and shall then be the personal obligation of the Owner. No Owner may leave or otherwise escape liabili ty for the assessments provided for herein by non-use of the CUL or by abandonment. Section 2. Purpose of Assessment. The annual and special assessments levied by the Association shall be used exclusively for the purpose of maintaining, repairing, lighting, operating, insuring and replacing the CUL and of any easement in favor of the Association, including, but not limited to the cost of insurance, labor, equipment, materials, management, maintenance and supervision thereof, as well as for such other purposes as are permissible activities of, and undertaken by, the Association. Section 3. Rate of Assessment. Both annual and special assessments must be rated at a uniform rate for both Lots. Section 4. Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, as special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the CUL, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (%) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Date of Commencement of Annual Assessment: Due Date. The assessments attributable to Lots in a particular phase shown on the General Plan for which provision is herein made . , .8hall commence a8 to all Lots in that pha8e on the fir8t day of the month following the recording of this Declaration. The due date of any assessment shall be fixed in the resolution authorizing such assessments, and any such assessments shall be payable in advance monthly, quarterly, semi-annual or annual installments as determined by the Board. Section 6. Duties of the Board of Directors. The Board of Directors of the Association shall fix the amount of the assessment against each Lot, for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall be sent to every Owner subject thereto not later than seven (7) days after fixing the date of commencement thereof. The Association shall, upon demand at any time, furnish to any Owner liable for any assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non-Pavment of Assessment: The Lien. the Personal Obliaation, Remedies of Association. The lien of the Association shall be effective from and after recording in the Public Records of Palm Beach County, Florida, a claim of lien stating the description of the Unit encumbered thereby, the name of the Owner, the amount and the due date when due. Such claim of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims or lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record, at the cost of the Lot Owner thereby encumbered. If the assessment is not paid within thirty (30) days after the delinquency date, which shall be set by the Board of Directors of the Association, the assessment shall bear interest from the date due at the rate of eighteen percent (18%) per annum, and the Association may at any time thereafter bring an action to foreclosure the lien against the Lots in like manner as a foreclosure of a mortgage on real property, and/or a suit on the personal obligation against the Owner(s), and thereafter shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action including a reasonable attorneys' fee, and in the event a judgment is obtained, such judgment shall include on the assessment as above provided and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action. Section 8. Subordination to Lien or Mortaaaes. The lien of the assessments for which provision is herein made as well as in any other Article of this Declaration shall be subordinate to the lien of any first mortgage to a federal or state chartered bank, mortgage company, life insurance company, federal or state savings and loan association or real estate investment trust which is perfected by recording prior to the recording of a claim of lien for any such unpaid assessments by the Association. Such subordination shall apply to the assessments which have become due and payable prior to a sale or transfer of a Lot by deed in lieu of foreclosure of such Lot or pursuant to a decree of foreclosure, and in any other proceeding in lieu of foreclosure of such mortgage, provided, however any such Unit shall be liable, following such sale for a pro rata share of any unpaid assessments against such Lot accruing prior to such sale, in common with all other Property. No sale or other transfer shall relieve any Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. The written opinion of either the Developer or the Association that the lien is ., ., subordinate to a mortgage shall be dispositive of any question of subordination. V GENERAL PROVISIONS Section 1- Duration and Remedies for Violation. The Covenants and Restrictions of this Declaration shall run with and bind the property, and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for the lesser of (i) a term of fifty years (50) from the date this Declaration is recorded, after which time said Covenants and Restrictions shall automatically be extended for successive periods of ten (10) years unless an instrument signed by the then Owners of one hundred percent (100\) of the Lots has been recorded, agreeing to change or terminate said Covenants and Restrictions in whole or in part. Violation or breach of any condition, covenant or restriction herein contained shall give the Association and/or·Owner(s) in addition to all other remedies the right to proceed at law or in equity to compel a compliance with the terms of said conditions, covenants and restrictions, and to prevent the violation of breach of any of them, and the expense of such litigation shall be borne by the then Owner or Owners of the subject Property, provided such proceeding results in a finding that such Owner(s) was in violation of said Covenants and Restrictions. Expenses of litigation shall include reasonable attorneys' fees incurred by the Association in seeking such enforcement. Section 2. Notices. Any notice required to be sent to any member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as member or Owner on either the records of the Association or the Public Records of Palm Beach County, Florida, at the time of such mailing. Section 3. Severabilitv. Invalidation of anyone of these Covenants and Restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4. Amendment. Amendment to this Declaration shall require the assent of not less than one hundred percent (100\) of the total number of votes in each class of membership, except as provided in Article IV above. Section 5. Usaae. Whenever used the singular shall include the plural and the singular, and the use of any gender shall include all genders. Section 6. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the CRA has caused these presents to be executed as required by law on this, the day and year first above written. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Attest: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Declaration of Covenants and Restrictions for Delray Beach Historic Homes was acknowledged before me this day of , 1995, by and " ¡, , the and , respectively, of Delray Beach Historic Homes, Inc. , a Florida corporation, on behalf of the corporation. Notary Public State of Florida My commission expires: (SEAL) Commission No.: . ., " ARTICLES OF INCORPORATION OF DELRAY BEACH HISTORIC HOKES PROPERTY O1fHERS ASSOCIATION, INC. I NAME The name of this corporation shall be DELRAY BEACH HISTORIC HOMES PROPERTY OWNERS ASSOCIATION, INC., sometimes hereinafter referred to as the "Association." II DEFINITIONS All terms used herein which are defined in the Declaration of Covenants and Restrictions for DELRAY BEACH HISTORIC HOMES executed contemporaneous herewith shall be used herein with the same meanings as in said Declaration. III PURPOSES The general nature, objects and purposes of the Association are as follows: A. To hold, maintain, repair and replace the improvements on the common use land ("CUL") as defined in the above referred to Declaration of Covenants and Restrictions for which the obligation to maintain and manage and repair has been delegated and accepted. B. To provide, improve, maintain, repair and/or replace the paving, lights and other structures of the CUL for the health, safety, convenience and social welfare of the members of the Association, as the Board of Directors in its discretion determine necessary, appropriate and/or convenient. C. To operate without profit for the sole and exclusive benefit of its members. D. To perform all of the functions contemplated of the Association, and undertaken by the Board of Directors of the Association in the Declaration of Covenants and Restrictions hereinabove described, including but not limited to, the promulgation of rules and regulations governing the use of the CUL. IV GENERAL POWERS The general powers that the Association shall have are as follows: A. To hold funds solely and exclusively for the benefit of the members for purposes set forth in these Articles of Incorporation. B. To propagate and enforce rules, regulations, Bylaws, covenants, restrictions and agreements to effectuate the purpose for which the Association is organized, including the enforcement of the aforesaid Declaration of Covenants and Restrictions. C. To delegate power or powers where such is deemed in the interest of the Association. D. To purchase, lease, hold, sell, mortgage or otherwise acquire or dispose of interest in, real or personal property, except to the extent restricted hereby; to enter into, make, perform or carry out contracts of every kind with any person, firm, corporation, association or other entity, to do any and all acts necessary or expedient for carrying on any and all of the activities and pursuing any and all of the objects and purposes set forth in the Articles of Incorporation and forbidden by the laws of the State of Florida. ¡, E. To fix assessments to be levied against the property subject to the Declaration of Covenants and Restrictions to defray expenses and the cost of effectuating objects and purposes of the Association, and to create reasonable reserves for such expenditures, and to authorize its Board of Directors in its discretion, to enter into such agreements with mortgage companies and other organizations for the collection of such assessments. F. To charge recipients for services rendered by the Association and the user for the Association Property when such is deemed appropriate by the Board of Directors of the Association. G. To pay taxes and other charges" if any, on or against the property owned or accepted by the Association. H. In general, to have all powers conferred upon a corporation by the laws of the State of Florida, except as prohibited herein. V MEMBERS A. Each Lot which is subjected by this Declaration to assessment by the Association shall have appurtenant thereto a membership in the Association, which membership shall be held by the person or entity, or in common by the persons or entities, owning such Lot, except that no person or enti ty holding an interest in title to a Lot as security for performance of an obligation shall acquire the membership appurtenant to such Lot by virtue of such interest or title. In no event may any membership be severed from the Lot to which it is appurtenant. B. "Owner," "Lot" and any other defined terms used herein, and elsewhere in the Articles, are used with the definitions given those terms in the aforesaid Declaration of Covenants and Restrictions for DELRAY BEACH HISTORIC HOUSES. VI VOTING ASSESSMENTS A. The Association shall have one class of voting membership. B. The Association will obtain funds with which to operate by assessment of its members in accordance with the provisions of the Declaration of Covenants and Restrictions for DELRAY BEACH HISTORIC HOUSES, as supplemented by the provisions of the Articles and Bylaws of the Association relating thereto. VII BOARD OF DIRECTORS A. The affairs of the Association shall be managed by a Board of Directors consisting of not more than two (2) Directors. Directors need not be members of the Association but shall be residents of the State of Florida. The initial Board of Directors shall consist of two (2) members. B. The names and addresses of the persons who are to act in the capacity of directors until the election of their successors are: NAME ADDRESS CHRISTOPHER J. BROWN 24 North Swinton Avenue Delray Beach, FL 33444 DAVID HARDEN 100 N.W. 1st Avenue Delray Beach, FL 33444 ., At the first annual meeting and at each succeeding meeting, the members shall elect two (2) directors, each for a term of one (1) year. VIII OFFICERS A. The officers of the Association shall be a President, a Secretary and a Treasurer and such other officers as the Board may from time to time by resolution create. Any two (2) or more offices may be held by the same person except for the offices of President and Secretary. Officers shall be elected for one (1) year terms in accordance with the procedures set forth in the Bylaws. The names of the officers who are to manage the affairs of the Association until the annual meeting of the Board of Directors of the Association to be held in the year 1995, and until their successors are duly elected and qualified arez Presidentz CHRISTOPHER J. BROWN Secretaryz DAVID HARDEN Treasurerz CHRISTOPHER J. BROWN IX CORPORATE EXISTENCE The Association shall exist perpetually. X BYLAWS The Board of Directors shall adopt Bylaws consistent with these Articles. Subsequent to their adoption, the Bylaws may be amended or rescinded at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. XI AMENDMENT TO ARTICLES OF INCORPORATION These Articles may be altered, amended or repealed by resolution adopted by a vote of not less than one hundred percent (100%) of the total number of votes in each class of membership. XII SUBSCRIBERS The names and addresses of the subscribers are as followsz CHRISTOPHER J. BROWN 24 North Swinton Avenue Delray Beach, FL 33444 DAVID HARDEN 100 N.W. 1st Avenue Delray Beach, FL 33444 XIII INDEMNIFICATION OF OFFICERS AND DIRECTORS A. The Association hereby indemnifies any Director or officer made a party or threatened to be made a party to any threatened, pending or completed action, suit or proceedingz Whether civil, criminal, administrative, or investigative, other than one by or in the right of the Association to procure a judgment in its favor, brought to impose a liability or penalty on such person for an act alleged to have been committed by such person in his capacity of Director or officer of the Association, or in his capacity as Director, officer, employee or agent of any other corporation, partnership, joint venture, or · other enterprise which he served at the request of the Association, against judgments, fines, amounts paid in settlement and reasonable expenses, including attorneys' fees, actually and necessarily incurred as a result of such action, suit or proceeding or any appeal therein, if such person acted in good faith in the reasonable belief that such action was in the best interests of the Association, and in criminal actions or proceedings, without reasonable ground for belief that such action was unlawful. The termination of any such action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not in itself create a presumption that any such Director or officer did not act in good faith in the reasonable belief that such action was in the best interests of the Association or that he had reasonable grounds for belief that such action was unlawful. B. By or in the right of the Association to procure a judgment in its favor by reason of his being or having been a Director or officer of the Association, or by reason of his being or having been a Director, officer, employee or agent of any other corporation, partnership, joint venture, trust or other enterprise which he served at the request of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense or settlement of such action, or in connection with an appeal therein if such person acted in good faith in the reasonable belief that such action was in the best interests of the Association. Such person shall not be entitled to indemnification in relation to matters to which such person has been adjudged to have been guilty of gross negligence or misconduct in the performance of his duty to the Association, unless and only to the extent that, the court, administrative agency, or investigative body before which such action, suit or proceeding is held shall determine upon application that despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses which such tribunal shall deem proper. e. The Board of Directors shall determine whether amounts for which a Director or officer seeks indemnification were properly incurred and whether such Director or Officer acted in good faith and in a manner he reasonably believed to be in the best interests of the Association, and whether, with respect to any criminal action or proceeding, he had no reasonable ground for belief that such action was unlawful. Such determination shall be made by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such action, suit or proceeding. D. The foregoing rights of indemnification shall not be deemed to limit in any way the powers of the Association to indemnify under applicable law. XIV TRANSACTION IN WHICH DIRECTORS OR OFFICERS ARE INTERESTED A. No contract or transaction between the Association and one or more of its Directors or Officers, or between the Association and any other corporation, partnership, association or other organization in which one or more of its Directors or Officers are Directors of Officers, have a financial interest, shall be invalid I void or voidable solely for this reason, or solely because the Director or officer is present at or participates in the meeting of the Board or committee thereof which authorized the contract or transaction, or solely because his or their votes are counted for such purpose. No Director or officer of the Association shall incur liability by reason of the fact that he is or may be interested in any such contract or transaction. B. Interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorized the contract or transaction. ., xv DISSOLUTION OF THE ASSOCIATION A. Upon dissolution of the Association, all of its assets remaining after provision for creditors and payment of all costs and expenses of such dissolution shall be distributed in the following manner: Remaining assets shall be distributed among the members, subject to the limitations set forth below, as tenants in common, each members; share of the assets to be determined in accordance with its voting rights. B. The Association may be dissolved upon a resolution to that effect being recommended by one hundred percent (100%) of the members of the Board of Directors, and, if such decree be necessary at the time of the dissolution, after receipt of an appropriate decree as set forth in Florida Statutes, Section 617.05 or statute of similar import, and approved by one hundred percent (100%) of the voting rights of the Association's members. XVI DURATION The Corporation shall exist perpetually. IN WITNESS WHEREOF, the said subscribers have hereto set their hands and seals this _____ day of , 1995. WITNESSES: Christopher J. Brown David Harden STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1995, by CHRISTOPHER J. BROWN and DAVID HARDEN, who are personally known to me or who produced as identification. Notary Public State of Florida (SEAL) My Commission Expires: Commission No.: .' BYLAWS OF DELRAY BEACH HIS~ORIC HONES PROPER~Y OWNERS ASSOCIA~ION, INC. r. DEFINITIONS All terms used herein which are defined in the Declaration of Covenants and Restrictions for DELRAY BEACH HISTORIC HOMES executed contemporaneously herewith shall be used herein with the same meanings as in said Declaration. II LOCATION OF PRINCIPAL OFFICE The principal office of the Association shall be located at , or at such other place as may be established by resolution by the Board of Directors of the Association. III VOTING RIGHTS AND ASSESSMENTS l. Every person or entity who is a record fee simple owner of a Lot, including the CRA at all times as long as it owns any property subject to the Declaration, shall be a member of the Association, provided that any such person or entity who holds such interest only as a security for the performance of an obligation shall not be a member. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot or other property which is subject to assessment. 2. Assessments and installments thereon not paid when due shall bear interest from the date when due until paid at the rate set forth in the Declaration and shall result in the suspension of voting privileges during any period of such nonpayment. IV BOARD OF DIRECTORS l. A majority of the Board of Directors shall constitute a quorum to transact business at any meeting of the Board, and the action of the majority present at a meeting at which a quorum is present shall constitute the action of the Board of Directors. 2. Any vacancy occurring on the Board of Directors because of death, resignation or other termination of services of any Directors, shall be filled by the Board of Directors¡ except that the Developer, to the exclusion of other members and/or the Board itself, shall fill any vacancy created by the death, resignation, removal or other termination of services of any Director appointed for the unexpired term of his predecessor in office and until his successor shall have been elected and/or qualified and appointed. V ELECTION OF DIRECTORS l. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the date of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies tha t are to be filled. Such nominations may be made from among members or non-members. .' " 2. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. VI POWERS AND DUTIES OF THE BOARD OF DIRECTORS 1. The Board of Directors shall have the power: A. To call meetings of the members. B. To appoint, remove at pleasure all officers, agents and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these Bylaws shall be construed to prohibit the employment of any member, officer or Director of the Association in any capacity whatsoever. C. To establish, levy and assess and collect the assessments necessary to operate the Association and carry on its activities, and to create such reserves for extraordinary expenditures as may be deemed appropriate by the Board of Directors. D. To appoint committees, adopt and publish rules and regulations governing the use of the Recreation Parcels or any portion thereof and the personal conduct of the members and their guests thereon, including reasonable admission charges if deemed appropriate. E. To authorize and cause the Association to enter into contracts for the day to day operation of the Association and the discharge of its responsibilities and obligations. F. To exercise for the Association all powers,' duties and authority vested in or delegated to the Association, except those reserved to members in the Declaration or the Articles. 2. It shall be the duty of the Board of Directors: A. To cause to be kept a complete record of all its acts and corporate affairs. B. To supervise all officers, agents and employees of this Association and to see that their duties are properly performed. C. With reference to assessments of the Association: (1) To fix the amount of the Assessment against each member for each assessment period at least thirty (30) days in advance of such date of period; (2) To prepare and maintain a roster of the members and assessments applicable thereto which shall be kept by the officer of the Association and shall be opened to inspection by any member; and (3) To send written notice of each assessment to every member subject thereto. D. To issue or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. Such certificate shall be prima facie evidence of any assessment therein stated to have been paid. .' · -VII DIRECTORS AND MEETINGS 1. The annual meeting of the Association shall be held at _.M. on the (day) in (month) of each year at the principal office of the Association, unless some other time and/or place is designated by the Board commencing in (year). Regular meetings of the Board of Directors shall be held at such time and place as provided by appropriate resolution of the Board of Directors. 2. Notice of all meetings shall be given by the Secretary or other officer of the Association to each member (unless waived in writing). Each notice shall be written or printed ,and shall state the time and place of and purpose for which the meeting is called, and shall be delivered or mailed to each member not less than 30 days prior to the date set for the meeting. If the day for a regular meeting shall fall on a holiday, the meeting shall be h~ld at the same hour on the first day following which is not a holiday. 3. Special meetings of the Board of Directors shall be held when called by the President or Vice President of the Association or by any three (3) Directors after not less than three (3) days notice to each Director. Special meetings of the Association may be called by the same persons who may call a meeting of the Board of Directors or by written request of persons holding thirty percent (30%) of the membership votes in the Association. 4. The transaction of any business at any meeting of the Board of Directors however called and noticed, or wherever held, shall be as valid as though made at a meeting duly held after regular call and notice, if a quorum is present, and if either before or after the meeting, each of the Directors not present signs a waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents and approvals shall be filed with the corporate records and made part of the minutes of the meeting. 5. At any meeting of the Association, a quorum shall consist of persons entitled to cast a majority of votes of the entire membership within the Project and as to voting by the membership of a particular phase a quorum shall be persons entitled to cast a majority of votes within such phase. VIII OFFICERS 1. The officers shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as may be determined by the Board, in accordance with the Articles of Incorporation, to be from time to time appropriate. The President shall be a member of the board of Directors, but the other officers need not be. 2. The officers of the Association shall be elected by the Board of Directors at the annual meeting of the Board of Directors, which shall be held immediately following the annual meeting of the Association. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected and qualified. 3. A vacancy in any office because of death, resignation or other termination of service, may be filled by the Board of Directors for the unexpired portion of the term. 4. All officers shall hold office at the pleasure of the Board of Directors. 5. The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and sign all notes, checks, leases, .. · mortgages, deeds, and all other written instruments. 6. The first Vice President designated by the Board of Directors if there is more than one ( 1) Vice President, shall perform all the duties of the President in his absence. The Vice President shall perform such other acts and duties as may be assigned by the Board of Directors. 7. The Secretary shall be ex officio the Secretary of the Board of Directors, and shall record the votes and keep the minutes of all proceedings in a book to be kept for that purpose. He shall sign all certificates of membership. He shall keep the records of the Association. He shall record in the book kept for that purpose all the names of the members of the Association together with their addresses as registered by such member. S. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed ~ by resolution of the Board of Directors, provided, however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board. The Treasurer may, but need not be a required signatory on checks and notes of the Association. 9. The Treasurer, or his appointed agent, shall keep proper books of accounts and cause an annual audit of the Association books be made by a certified public accountant at the completion of each fiscal year. He or his appointed agent shall prepare an annual budget and an annual balance sheet statement and the budget and balance sheet statement shall be open for inspection upon reasonable request by a member. IX BOOKS AND PAPERS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. X SEAL The Association shall have a seal in circular form having within its circumference the words: DELRAY BEACH HISTORIC HOMES PROPERTY OWNERS ASSOCIATION, INC., not for profit. XI AMENDMENTS Section l. These Bylaws may be amended, at a regular or special meeting of the members, by vote of a majority of a quorum of members in each class membership present in person or by proxy, except that the Federal Housing Administration or the Veterans Administration while either of such entities has an interest, shall have the right to veto any of the above while there is a Class B membership. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control¡ and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. .' ., C E R T I F I CAT E The foregoing were adopted as the Bylaws of DEL RAY BEACH HISTORIC HOMES PROPERTY OWNERS ASSOCIATION, INC., a corporation not for profit under the laws of the State of Florida, on , 1995. CERTIFICATION I, the undersigned, do hereby certify that: I am duly elected and acting of DELRAY BEACH HISTORIC HOMES PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not for profit, and That the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the ____ day of , 1995. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association, this _____ day of , 1995. .' .. '. E;AnIDI~ LETTER OF AGREEMENT I "G" This Agreement is made by and between the state of Florida Department of state, Division of Historical Resources (hereinafter referred to as the Department), and the community Redevelopment Agency of the City of Delray Beach (hereinafter referred to as the owner) for the purpose of the rehabilitation of a certain Property known as the Delray Beach Historic Houses, located at Northwest First Avenue between West Atlantic Avenue and Northwest First street, Delray Beach, Palm Beach County, Florida. In consideration of the sum of $242,800.00 received in grant-in- aid assistance from the Department, the Owner hereby agrees to the following for a period of ten years from the date of project completion: 1. The Owner agrees to maintain said Property in accordance with good preservation practice and the ~ecretary of the Interior's Standards for Rehabilitation. 2. The Owner will not make any modifications to the Property, other than routine repairs and maintenance, without review of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner agrees that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. This Letter of Agreement is entered into and executed on Se~~Yf\~Y \~) , 1993 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH £/LL ~UU~~ U Kevin Egan, Chairman of the Board Typed Name and Title of Authorized Official DEPARTMENT OF STATE X~~ 'Û.~~ ~ ~ EPH A. sistant Secretary lorida Department of state /1 /) /' -' " /Ì , /') /7 £/ i-'l ,//i// /., " .' . -CD EXHI~T " Community I Redevelopment "H" -a Agency = Delray Beach March 13. 1995 Mr. David Ferro Grants and Education Section Bureau of Historic Preservation R. A. Gray Buildng 500 South Bronaugh Street Tallahassee. FL 32399 RE: Grants-in-Aid for Delray Beach Historic Houses Dca! Mr. Ferro: Thank you for your assistance in the revisions to the above-mentioned grant. The following is a minor modification for one of the matching items entitlw. "Fire Sprinklc.r/" in the amount af $3,900. We offer the following as substitutes to be entitied "Miscellaneous Work." .. Monterey Chimney Repair .. Monterey Calpct · Monterey Gallery Finish Painting · Monterey Lavatories (2nd Floor) · Monterey Medicine Cabinets (2nd Ftoor) · Monterey Tile Repair .. Monterey Fire Door Cosers .. Monterey Front &. Rear Door Steps Railings · MontcreylBungalow Deck Steps Railings .. Bungalow Rear Door Steps Railing The above items will equal to or exceed $3,900. a preciatc your contacting me at your earliest convenience. Thank you again. . 'stopher J. Brown Executive Director Jd 24 N. Swinton Avenue, Delray Beach, FL 3~444 14Q7' ?7F:_Ri:;.I!.n I 1:,,,,,.. tAn7\ ')7':::_AC:;;:A - "- Historic; Prc.sct"ValiolJ Grants-iziMAid Applic:nioa Page 4 of 11- ALL PROJECTS PROJECT B UDG ET 11. Cost Estimate: Provide a.detailed breakdown of estimatcd cost r or this Gran [ P~o¡ec[ by major work items showing distributiol1 of grane and maechin¡ funds. , Wark Trem Gr1lnt Funds MarchjD~ Funds . " Doors - Interior 0 .~1, 800 11srdware - Interior 0 l~"OOu Security System 1,600 0 Sprinkler Sysœm (Fire) 0 3.;900 - Sucke Alarms 750 . 0 Interior Light:ing F.'ìxt:ures 2,250 2,250 Ext:erior Lighting Fixtures 1,550 0 Uurric.ane Protection 6,900 1,600 : ConsttUCtion Supervision 11 1,250 Project ~.anagement: ~25/hcur ~ 50 hours 0 1,250 '!UrAL 13,050 13,050 . ( TOla) project bud¡C:C:~Z5, 100 . . . ~ ð{( ð'J1 £ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DElRA Y BEACH F l 0 . I D " bad AII.America City MEMORANDUM l' III! DATE: Apri112, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Monterey House - Contract and Purchase for Sale with the CRA; Amendment to Interlocal Agreement with CRA; and Lease Agreement with the Historic Palm Beach County. Inc. Contract for Sale and Purchase The final contract terms for the Sale and Purchase of the Monterey property is before you for your approval. The CQntract for sale and purchase, as you are aware, requires payment of two hundred sixty thousand dollars ($260,000.00) by the City in the form of forgiveness of certain payments related to the CRA Tennis Center debt in the above- stated amount, which is as set forth in the Amendment to the Interlocal Agreement with the CRA (discussed below). The contract calls for additional payment of thirteen thousand five hundred dollars ($13,500.00) for landscaping improvements, The contact calls for the City to acquire nine parking spaces as part of the first closing on June 1, 1995. The contract provides for the purchase of twelve (12) additional spaces for seventy-two thousand dollars ($72,000.00) to be purchased at a separate closing to be held no later than October 1, 1995. Amendment to Interlocal Agreement ~Ù \<6 \q.6 The CRA executed an Interlocal Agreement on September 27, 1994. The Interlocal ~. Agreement was approved by the City on February 7, 1995. That agreement is being superseded by this Amendment to the Interlocal Agreement. 0 The only significant change is that payment terms are clarified in the Amended Interlocal Agreement to show the forgiveness of a portion of the debt owed to the City in ® P"nled on Recycled Paper " City Commission April 12, 1995 Page 2 the amount of two hundred sixty thousand dollars ($260,000.00), owed by the CRA to the City for Tennis Center improvements. A payment of twelve thousand four hundred eighty six dollars a~d ninety-six cents ($12,486.96) is due on December 1, 1999 and twenty-four thousand seven hundred sixty-eight dollars and thirty-eight cents ($24,768.38) is due semi-annually thereafter pursuant to the schedule set forth in Attachment A to the Amended Interlocal Agreement. Lease Agreement The Lease Agreement with Historic Palm Beach County, Inc. is also included for your approval. The lease of the Monterey House property and nine (9) parking spaces is for a twenty (20) year term with rent of one dollar per year. It requires the payment of $230.00 per month to establish a repair and replacement fund. The Lease requires the payment of $295.00 per month, as may be modified from time to time, for the maintenance of common areas. In addition, the Lease requires a landscaping reimbursement payment to the City in the amount of $13,500.00 to be paid with an initial $3,500.00 payment upon execution of the lease and $2,000.00 per year for a five year period. The Lessee is to pay all utilities and taxes that may be imposed on the property. The day to day maintenance is the Lessees responsibility. The CRA has the non-exclusive right to use the second floor room for ten years or less if the CRA no longer is the owner of the bungalow. The Lessee may not assign the Lease without the written consent of the City. The City, in its sole discretion may withhold approval to assign or sublease the property. The Lease also requires an amendment to the Lease in the event the Lessee desires to occupy the second floor, to accommodate costs of an elevator or the waiver of the elevator requirement. The City, as owner, will use its best efforts to obtain a waiver. This lease if approved, should be approved subject to closing on the property with the CRA. Historic Palm Beach County, Inc., at its meeting of August 12, 1995, approved se su . ect to the City obtaining a Certificate of Occupancy for the property. 1 cc: David Harden, City Manager Chris Brown, Director, Community Redevelopment Agency Robert Federspiel, Esq. Frances Bourque John Johnson .' JUŒIIDMBJF.I! ~ ~Jœ I~ AGR.BBIIBJr.r BB~Blf ~BB C:In OF Du.RAY BBACB ABU !9E DBLRA!' BEAOI CmomIIIr!' JUmEVELOP.MER"r AGBRCY FOR THE PAnmBT OF HORIES BY ~ DELBAY BBACH COMMUIII:TY REDBVELOPMERT AGEHC'Y III CORIIEC'J!I:O!l WITH TIIB COJlSTRUC~IO. OF TØB CITY OF DELRAY BUCK MtJ1IICIPAL DDIS CEBTER.. THIS AMENDMENT TO THE INTERLOCAL AGREEMENT, entered into this _ day of , 1995 (hereinafter referred to as the II Amendment II ) , by and between the CITY OF D£LRAY BEACH, FLOR.IDA, and its successors and assigns, hereinafter referred to as "City" , a municipal corporation existing under the laws of the State of Florida, and. the DELRAY BEACH COMMUR:r.'J!Y REDEVELOPHER'J! AGEIICY , and its successors and assigns, hereinafter referred to as the "Aqency II , a community redevelopment agency established pursuant to Section 163, Part II, of the Florida Statutes. WIT N E SSE T H: WHEREAS , the City and the Agency have previously entered into that certain tnterlocal Agreement dated February 7, 1995 and such Interlocal Agreement is being amended in its entirety to read as follows : WHEREAS r the City recently renovated the Delray Beach Municipal Tennis Center which is located within the Community Redevelopment Area; and WHEREAS , ~ consideration for the City's decision to renovate the Hun.icipal Tennis Center, and to allow it to remain in the Community Redevelopment Area, the Agency desires to contribute c:'dbc.\client.'cra'~5Qn1._ctr\1Dt.rloc.~en ÐRAFZ t2 3-30-95 1 .' . . . monies to assist the City in paying off its debt; and . WHEREAS , the City and the Agency agree that the contribution by the Agency to assist in the payment of the costs associated with renovating the Municipal Tennis Center is in the best interest of both the City and the Agency and is necessary to the continuation of a Municipal Tennis Center within the Community Redevelopment Area; and WHEREAS , the City and the Agency have entered into the Contract for Sale and Purchase whereby the City is purchasing from the Agency that certain historic home located at 20 North Swinton Avenue, Delray Beach, Florida, such historic house known as the "Monterey House" such Contract for Sale and Purchase being incorporated herein by reference (the "Contract"); and WHEREAS, the said Contract provides that the Agency shall accept as consideration for such purchase a set off of Two Hundred Sixty Thousand Dollars ($260,000.00) against the first payments which otherwise would have been due pursuant to this Interlocal Amendment and the payment schedule set forth in Section 3 of this Amendment reflects the credit to the Agency for the Two Hundred Sixty Thousand Dollars ($260,000.00) purchase price owed by the City to the Agency under the Contract for Sale and Purchase. NOW, THEREFORE, pursuant to the respective powers granted to the City and the Agency under Section 163.01, Florida Statutes, and other applicable provisions of law, and in consideration of the sum of One Dollar ($1.00) paid by each party to the other, the receipt C: \docs\clients\cra\tennis.ctr\interloc. ten DRAFT 12 3-30-95 2 " .' ¡. . . . of which is hereby acknowledged, the mutual covenants and agreements herein contained and other good and valuable consideration, the City and the Agency agree as follows: Section 1. Representations of the Aqencv. The Agency is an agency established pursuant to the Florida Statutes with full power and legal right to enter in to this Amendment and perform its obligations hereunder. The Agency's actions in making and performing this Amendment have been duly authorized by all necessary official action and will not violate or conflict with any applicable provision of the Constitution, or laws of the State of Florida or with any ordinance, government rule or regulations, or with any agreement, instrument or other document by which the Agency or its funds or properties are bound. Section 2. Representation of the City. The City represents that it is a municipal corporation existing under the laws of the State of Florida, and with full power and authority to enter into this Amendment. Section 3: Payment. The Agency shall be credited for the first $260,000.00 of semi-annual principal and interest payments. Semi-annual payments 1-9 will be fully credited. The 10th semi-annµal payment due December 1, 1999 will be credited, in part, in the amount of $12,281.43 and the Agency will pay $12,486.96 on December 1, 1999. The Agency will commence full payments of $24,768.39 on June 1, 2000 and a like sum semi-annually thereafter through June 1, 2008. Said payment schedule reflects C:\docs\clients\cra\tennis.ctr\interloc.ten DRAFT 12 3-30-95 3 " . . . " the amortization of Four Hundred Eighty-One Thousand Dollars ($481,000.00) at 5.72% interest over an approximate fourteen (14) year period (see Exhibit "A") . Section 4. Payment of Fees and Expenses. If the Agency shall default under any of the provisions of this Amendment and the City shall employ attorneys or incur other expenses for the collection of the payments or for the enforcement of performance or observance of any obligation or agreement on the ·party of the Agency contained in this Amendment, the Agency will on demand therefor pay the reasonable fees and expenses of the City and its attorneys (collectively referred to as "Additional Obligations"). .....-..~ Section 5. Recordation. Prior to the effectiveness thereof and pursuant to the requirements of Section 163.01(11) of the Florida Statutes, this Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. Section 6. Effect of Waiver. In the event any agreement contained in this Amendment shall be breached and such breach shall thereafter be waived, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder . Section 7. Multi?le Counterparts. This Amendment may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. C:\docs\clients\cra\tennis.ctr\interloc.ten DRAFT 12 3-30-95 4 " .. -~, . . ' . ' Section 8. Severability of Invalid Provisions. If any clause, provision or section of this Amendment be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections hereo f , and this Amendment shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. Section 9. Repealinq Clause. All resolutions and agreements of the City and the Agency in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistency exists. WHEREFORE, the parties hereto have set their hands and seals on the date set forth next to their signatures. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Date: Approved as to form and Legal Sufficiency: City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Chairman Date: c:\docs\clients\crð\tennis.ctr\interloc.ten DRAFT .2 3-30-95 5 . . . . ----.. . - - ._~ ··-·_·.___n____. - ~ ~ . ' . . . . tIn OF Ð!LIU !UCH ell. LOt.. AMEElEIt' FILE: CIUCCI :=======::============--========;::;;:;::::::::::::::;;::::::;::;;;;::=:;::=======:::===:: hriod D¡tt Jdereat Priacipd . hlltllt Oltltlldiq 5.111 Annul Balutt 481,000 Parlent 13.sa ................ ..........--.--- . .......---------- . 48[,000.00 1 06/01/95 IJ,S!}.41 31,000.00. 0,511.41 450.000.00 0,571.41 . 2 12/01/~S J~,170.DO 11 ,19&.39 24,768.39 438,101:61 3 06/01/96 11,519.11 11,13&.59 . 14,161.39 41S,I61.91 49,536.19. 4 12/01/96 12,179.68 12,588.71 24,761..39 413,214.21 . S 06/01/97 11,819.64 . 12,941.75 24,768.39 400,325.46 49IS36.79 , 12/01/97 11,449.31 13,319.09 ]4,7&1.39 311,006.37 7 06/01/98 11,068.38. 13,100.01 14,168.39 313,306.36 49,536.79 ~ 8 12101/98 '10,676.56 14,09"1.83 14,768.39 359,114.53. 9 06101/99 10;113.S( 1C,U4~J6 24,768.39 3H,m.67 49,S36.79 10 12/01199 9,858.98 14';909.41 ~4. m,Jt, 32!.110.ll 11 06/0t/00 9,431.57 15,335.&2 i,761.39 314,'74.(4 49,536.19 <. 12 12/01/00 &,GGj.91 JS,774.U ~,76a.39 29&,700.02 13 06101/01 &,541.81 16,225.57 24,768.39 282,414.44 49,536..79 14 11/01/01 8,018.17 16,U9.61 14,768 .39 265,1&4.81 15 06/01/02 7,601.H 11,166.95 24,768 .39 248,617 .87 (9,H6.19 .) 16 12/01/02 7,110.47 17 ,U7 .92 14,768.39 230,959.95 17 06/01103 6,605.45 18,162.94 24,168.39 212,797.01 H,536.19 U 11/01/03 ',OSS.99 ·11,611.<0 2<116&.39 U4,1H.6l 19 06/01/04 S,SSI.n ~ U,216.72 24,768.39 1741197.!0 (9,536.79 20 12/01/04" 51002.01 19 .166 .31 241768.39 m,J31.S9 11 06/01/05 4,43&.16 20,331.63 24,763.39 134,199.96 49,536.19 21 12/Q 1/0S 3,855.28 20,'13.11 24,768.39 IU,U6.84 23 06/01106 3,257.t6 21,S 11 .23 24.761.39 92,375.61 491536.19 . 14 12/01/06 1,64t.H 22,116..45 24,768.39 70,249.16 - 15 06/01101 1,009.13 111159.11 14,'UJ; 41,489.90 H,S36. n 26 J2101/Ö7 1,358.21 23,410.11 24,168.39 24,019.11 27 06/01/08 688.68 14.,079 .71 24,76& .39 0,00 H,S36.79 .-...-...........-...._.._...._.......~ ...~--~----- 211,SU .63 481,000.00 n3,$49.6j 693,H9.63 -------------------------------.------. ------........ ., .---.---------.--.-..-.--.....-.------- ..........----- .... . " i '. ' - , Df( 8'1 [Iry DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 I q{ DELRAY BEACH f lOR I 0 Á ~ ,,\1'6 bad AII·America City MEMORANDUM ~ .~. ¡ff' 1 ~ III! ~' g..( ~ (tI~(1 DATE: Apri112, 1995 r MtØ 1993 TO: City Commission p,f\~~ FROM: Susan A. Ruby, City Attorney SUBJECT: Monterey House - Contract and Purchase for Sale with the CRA; Amendment to Interlocal Agreement with CRA; and Lease Agreement with the Historic Palm Beach County. Inc. Contract for Sale and Purchase The final contract terms for the Sale and Purchase of the Monterey property is before you for your approval. The contract for sale and purchase, as you are aware, requires payment of two hundred sixty thousand dollars ($260,000.00) by the City in the form of forgiveness of certain payments related to the CRA Tennis Center debt in the above- stated amount, which is as set forth in the Amendment to the Interlocal Agreement with the CRA (discussed below). The contract calls for additional payment of thirteen thousand five hundred dollars ($13,500.00) for landscaping improvements. The contact calls for the City to acquire nine parking spaces as part of the first closing on June 1, 1995. The contract provides for the purchase of twelve (12) additional spaces for seventy-two thousand dollars ($72,000.00) to be purchased at a separate closing to be held no later than October 1, 1995. Amendment to Interlocal Agreement The CRA executed an Interlocal Agreement on September 27, 1994. The Interlocal Agreement was approved by the City on February 7, 1995. That agreement is being superseded by this Amendment to the Interlocal Agreement. The only significant change is that payment terms are clarified in the Amended Interlocal Agreement to show the forgiveness of a portion of the debt owed to the City in @ Pnnted on Recycled Paper .. City Commission April 12, 1995 Page 2 the amount of two hundred sixty thousand dollars ($260,000.00), owed by the CRA to the City for Tennis Center improvements. A payment of twelve thousand four hundred eighty six dollars and ninety-six cents ($12,486.96) is due on December 1, 1999 and twenty-four thousand seven hundred sixty-eight dollars and thirty-eight cents ($24,768.38) is due semi-annually thereafter pursuant to the schedule set forth in Attachment A to the Amended Interlocal Agreement. Lease Agreement The Lease Agreement with Historic Palm Beach County, Inc. is also included for your approval. The lease of the Monterey House property and nine (9) parking spaces is for a twenty (20) year term with rent of one dollar per year. It requires the payment of $230.00 per month to establish a repair and replacement fund. The Lease requires the payment of $295.00 per month, as may be modified from time to time, for the maintenance of common areas. In addition, the Lease requires a landscaping reimbursement payment to the City in the amount of $13,500.00 to be paid with an initial $3,500.00 payment upon execution of the lease and $2,000.00 per year for a five year period. The Lessee is to pay all utilities and taxes that may be imposed on the property. The day to day maintenance is the Lessees responsibility. The CRA has the non-exclusive right to use the second floor room for ten years or less if the CRA no longer is the owner of the bungalow. The Lessee may not assign the Lease without the written consent of the City. The City, in its sole discretion may withhold approval to assign or sublease the property. The Lease also requires an amendment to the Lease in the event the Lessee desires to occupy the second floor, to accommodate costs of an elevator or the waiver of the elevator requirement. The City, as owner, will use its best efforts to obtain a waiver. This lease if approved, should be approved subject to closing on the property with the CRA. Historic Palm Beach County, Inc., at its meeting of ~12, 1995, approved ase su . ect to the City obtaining a Certificate of Occupan y for the property. IJfi!./ / 1 cc: David Harden, City Manager Chris Brown, Director, Community Redevelopment Agency Robert Federspiel, Esq. Frances Bourque John Johnson .' ¡, LEASE THIS LEASE is made and entered into this _ day of , 1995, by and between CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as "Lessor," and mSTORIC PALM BEACH COUNTY, INC., hereinafter referred to as "Lessee." 1. Demise and Description. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain property, hereinafter referred to as the "premises," situate in Delray Beach, Palm Beach County, Florida, described as follows: (Attached heret~ as Exhibit "A") together with the following described furniture, ftxtures, equipment, and other property located in and about the premises, if any: all air conditioning equipment, water heaters, well pumps, and another other mechanical fixtures located on the demised premises; and together with the nonexclusive right of and to all easements, rights, privileges and appurtenances thereunto belonging or in any way appertaining or in any matter connected therewith and relating to the use of the premises included, but not limited to nine (9) parkìng spaces as shown in property association and condominium documents. 2. Commencement and Tenn. The term of this Lease shall be for a period of twenty (20) years commencing (said date being sometimes hereinafter referred to as the "commencement date" and said month and day being sometimes hereinafter referred to as the Lease "anniversary date"), unless sooner tenninated pursuant to the terms herein. Upon the expiration of the initial term, this Lease may be renewed upon the express written agreement of the Lessor and Lessee for successive periods of ftve (5) years. 3. Use of Premises. It is represented by Lessee that the demised premises will be used for the following purpose(s): office, meetings, and other public events which carry out .' .' the Lessee's business. Lessee shall be limited to this use in the absence of Lessor's prior written consent to another use, which may be arbitrarily withheld. The Lessee understands that the second floor shall not be occupied until a Certificate of Occupancy is obtained for the second floor which will require either an elevator or a waiver of the elevator requirement. The Lessor shall use its best efforts to obtain a waiver. The Lessee and Lessor agree that at the point the Lessee desires to occupy the second floor, that . the parties will negotiate an amendment to the Lease to provide for any· expenditures which will be necessary to obtain the waiver or to install an elevator. The Lessee understands and agrees that its right to use the second floor room is non- exclusive and that the Delray Beach Community Redevelopment Agency (CRA) shall also have the nonexclusive right to use the second floor room for the lessor of ten (10) years, or the time during which the CRA shall own or occupy the bungalow, located at 24 North Swinton A venue, adjacent to the subject property. 4. Rent. Repair and Replacement: and Initial Landscaping Fee. The fixed annual minimum rent payable by Tenant during the term of this Lease shall be One Dollar ($1.00). Lessee shall also pay a monthly fee in the amount of $230.00 to Lessor payable on the first day of each month, to cover . the estimated cost of repair, and replacement of structural components which shall include, but not be limited to, the roof, air-conditioning and plumbing systems, and appliances, located on the described property. This fee shall be adjusted from time to time in order to create a fund sufficient to cover repair and replacement expenses. The Lessee shall pay to the City $13,500.00 to cover initial landscaping expenses. The payment shall be made as follows: $3,500.00 shall be payable to the City upon the execution 2 . ¡, of this Lease by the Lessee and the $10,000.00 balance shall be payable in equal installments over a five year period in the amount of $2,000.00 each year, payable by April 1st of each succeeding year, with the first payment due April 1, 1996. 5. Utilities. The Lessee shall pay all charges for telephone, power, watC?r, sewer, gas and any other utilities used in connection with the Property. 6. Taxes. The Lessee shall pay any advalorem taxes imposed upon the Property and improvements located thereon during the tenn of this Lease. The Lessee shall pay any taxes for personal property or improvements owned by the Lessee. 7. Insurance. The Lessee shall pay all premiums and shall maintain and provide insurance for the entire lease tenn and renewals thereto, in such amounts and under such terms as may be required by Lessor. The Lessor shall review and modify the terms and requirements of such insurance, if necessary, on a yearly basis. The minimum insurance amounts and terms shall be pursuant to the following requirements: A. Public Liability Insurance: Lessee shall maintain public liability insurance in coverage limits of no less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage liability. B. Workers C01T\Pensation Insurance: The Lessee shall maintain workers compensation coverage in an amount equal to the statutory limits of employer's liability . C. Professional Liability Insurance: Lessee shall require all design professionals engaged in restoration and/or renovation of the property to have professional liability insurance in an amount acceptable to the Lessor's Risk Manager. 3 .' , D. Additional Insured: The Lessor shall be named as an additional insured on the policy required in Paragraph A. E. Insurance Certificates: The Lessee shall submit insurance certificates evidencing insurance of the type and the amounts above stated or otherwise agreed to be the parties. F. Written Notice of Cancellation: The Lessee shall provide certificates of insurance which shall give the Lessor thirty (30) days written notice of cancellation. 8. Alterations and Improvements. The Lessee shall be entitled to make such alterations, changes and improvements to the Property as the Lessee in its discretion deems desirable to carry out its plan for the restoration and. development of the Property, and which are consistent with architectural plans and designs as approved by the Lessor (in order to keep the interior and exterior of the property in keeping with its historical purposes) and with the. laws and ordinances of the State of Florida and the City of Delray Beach. 9. Assignment and Subleasing. (a) The Lessee may not assign or sublease all or any portion of the Property, to any person, finn, corporation, or other entity, without the prior written approval of the Lessor, which approval shall be in the sole discretion of the Lessor. If approved by the Lessor, the sublease or assignment shall be in writing and expressly be subject to all the terms and conditions of this Agreement and shall conform to all applicable laws, grant requirements and limitations, ordinances and regulations and condominium association, property association documents, rules, regulations and bylaws. 4 " .' · - (b) Subparagraph (a) shall not apply to special events or special property uses contemplated in the management agreement or budget, or brief uses of the Property by the public. (c) The Lessee shall not assign any of its rights or obligations under this Lease without the prior written consent of the Lessor. 10. Maintenance . The Lessee shall maintain the leased premises, including but not limited to the heating and air-conditioning equipment and excluding the exterior walls, parking lot, exterior landscaping and irrigation, roof and other structural members of the building in such or better condition as' the same were at the commencement of this lease term or at the renewal thereof, reasonable wear and tear and damage by fIre or other unavoidable casualty excepted. It is explicitly agreed that the duty of the. Lessee shall include furnishing all necessary janitorial and cleaning services, pest control service, care and maintenance of the structures located on the Property and any interior renovation or redecoration not involving major structural changes. II. Rules and Regulations. Lessee agrees to comply with the maintenance responsibilities and rules and regulations and pay all fees as contained in the association documents, which is estimated to be approximately $295.00 per month at the current time, and as may be amended from time to time. 12. Equipment and Fixtures. All equipment, furniture, supplies and personal property that are not fIxtures installed in the Property by the Lessee shall at all times remain the property of the Lessee which shall have the right to remove the same from the Property at any time during the term hereof. 5 ., I, 13. Fire or Other Unavoidable Casualty. In case the premises or any part thereof shall at any time during the term of this Lease be destroyed or damaged by fire, act of God or other causes beyond the control of the Lessor, and through no fault or neglect on the part of the Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure, provided; however, the Lessor shall refund to the Lessee monies that may be in the repair and replacement fund asset forth in Paragraph 4 which exceeds the City's cost of purchasing the property adjusted for inflation. If the condition of the leased premises should be so rendered unsuitable by the foregoing causes, either party to this Lease Agreement shall have the option to cancel this Lease. 14. Quiet EIÙoyment. The Lessee shall peaceably hold and enjoy the leased premIses. 15. Default and Right of ReentI:y. In the event that the Lessee shall fail to perform any act required of it under this Lease or to otherwise comply with any term or provision hereof and such failure shall continue for thirty (30) days or more after written notice given to the Lessee by the Lessor, then the Lessor may terminate this Lease Agreement and the Lessee shall promptly surrender possession and vacate the premises, and the Lessor may, immediately or at any time thereafter, enter into the premises and repossess the same as of its former estate and expel the Lessee, but without prejudice to any remedies which might otherwise be used by the Lessor for arrears of rent or any other breach of the Lessee's covenants or the waiver of any rights of the Lessor. 16. Cancellation. The Lessor and the Lessee each hereby reserve the right to terminate this Lease at any time in the future (either during the initial term or any renewal), upon sixty (60) days written notice to the other party at the address set forth in this Lease 6 .. i . , . QPPtC:& I - .<@) ) ,...... .@._. @-. \ I ol"P'cc:e It - . I , , i I , I : I I , . Second Floor Room , . . . 0(\ . B'I1 [ITV DF DELRAY BEA[H CITY ATTORNEY'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 bad AlI·America City MEMORANDUM l' III! DATE: April 12, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: McGraw PrQperty Acq.uisition and Assi~nment The Resolution and attached documents related to the acquisition of the McGraw property, provide that the City enter into a contract with Mr. McGraw assignable to CRC Recovery Foundation, Inc. (CRC) with the City holding a mortgage on the property for a seven year period, The transaction, which requires an assignment of the contract to CRC, will save the City and parties from duplicative closing costs. The Seller will pay documentary stamps, furnish the deed, bill of sale, mechanic's lien affidavit, etc. The City will pay for title insurance, real property survey and one-half of the cost of an environmental survey. CRC, as assignee, will pay the other half of the environmental survey at closing. Closing is set for September 1, 1995. The agreement contains a Right of First Refusal which permits the City to purchase the property for two hundred eighty thousand dollars ($280,000.00), if CRC decides to transfer the property during the mortgage term. By copy of this memorandum to David Harden, City Manger, our office requests the Resolution which incorporates the contract, the assignment agreement, mortgage and promissory note, be placed on the August 18, 1995 City Commission regular agenda for Commission approval. Please call if you have any questions. ~ s~ 5-0 J{ / r8 / 9S cc: David Harden, City Manager Alison MacGregor Harty, City Clerk mcgraw9.sar @ Printed on Recycled Paper q·F. " ' .. , " "...~ "--'-.-'---" - .'.....~.- .-._~. --- -.. ~.-.."---" .. .~-"'.~'" ~".-"- .~. ... .--~ .,'--~---~" ',._'. .." ~_.~-- .._" '-- -"-~""....~..- ~""--'~-" . .- ..N. '" RESOLUTION NO. 37-95 I, I A RESOLUJ'ION OF THE CITY COMMISSION OF THE CITY OF ! I I DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER I INTO AN ASSIGNABLE CONTRACT FOR THE PURCHASE OF I 1 CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, I LOCATED AT 306 NORTHEAST SECOND STREET, DELRAY BEACH, I FLORIDA, AND AS MORE PARTICULARLY DESCRIBED HEREIN; I AUTHORIZING THE ASSIGNMENT OF THE CONTRACT; I AUTHORIZING THE CITY TO HOLD A MORTGAGE ON THE I PROPERTY; INCORPORATING AND ACCEPTING THE CONTRACTS ! AND AGREEMENTS STATING THE TERMS AND CONDITIONS FOR THE ACQUISITION, TRANSFER AND MORTGAGE. WHEREAS, the City desires to enter into an assignable contract for the purchase of property, owned by Donald C. McGraw, Jr., located at 306 Northeast Second Street, Delray Beach, Florida, as more I particularly described in Section I of this Resolution; and, WHEREAS, the City desires to assign the contract for the aforementioned property to CRC Recovery Foundation, Inc.; and, WHEREAS, the City has determined it will hold a mortgage on the property, and; WHEREAS, the City recognizes that CRC Recovery Foundation, Inc. through the Crossroads I Club and Drug Abuse Foundation provides essential services and recovery programs for drug and alcohol i I abuse victims in the Delray Beach area; and, I WHEREAS, the City recognizes that the impact of such programs serve a vital public I purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY I OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby ¡ agrees to enter into an assignable contract to purchase land from Donald C. McGraw Jr., Seller, for good: and valuable consideration, as more clearly set forth in the documents attached hereto as Composite Exhibit' 1; said parcel being more particularly described as follows: j " .' I " , ___.____._.~~~.-_..._,.__,_. '..~..__~.__. .,".,.._"~,.~_.__'_"'~"~_""_ .~4'~.,·_··"." .,,_._~_,__~,.~..,-~. ___'___'^__~_~__~~' _.".'~_'M~_· _, ~~ ...~..._....__.'...~,.".._.~..__ _,. .--'--".- .._,~ _.." .,..,.- "-. -.. '-"'..-..-,,-,.. . .......... ,-, - . .--- ! The North 100 feet of Block 91, lying East of Florida East Coast Railway , Company right-of-way in the City of Delray Beach (formerly Linton), Ii Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I 1, at Page 3, which is the same property as shown on the Plat of the i resudivision of Blocks 91 and 92, and the West Half of Block 99, Town I of Linton, Dade County, Florida, fIled May 9, 1912, and recorded in Plat I Book 2, page 21, Palm Beach County, Florida, records, shown as being I situate on the northerly side of the resubdivision of Block 91, being an I area 100 feet from the north to south on the east, running west of the I Florida East Coast Railway Company right-of-way, and designated "not included" and being the property in part conveyed by Calvin W. Gamer I and Eulalie M. Gamer, his wife, to L.C. Vaughn, by deed dated April I 26, 1954, recorded in the Public Records of Palm Beach County, Florida, , in Deed Book 1054, at page 452. I I Section 2. That the City Commission of the City of Delray Beach, Florida, desires to assign: its rights under the contract to the property to CRC Recovery Foundation, Inc. for good and valuable' consideration as set forth in Composite Exhibit 1 hereto. I Section 3. That the City Commission of the City of Delray Beach, Florida shall hold at mortgage on the property in favor of the City requiring CRC Recovery Foundation, Inc. (Mortgagor) to pay to the City the amount set forth in Composite Exhibit 1 and subject to the terms of the mortgage as contained in Composite Exhibit 1 hereto. Section 4. That the costs of closing the transactions, title insurance, document preparation and attorney's fees shall be as set forth in the contracts and agreements for sale and purchase and other: documents attached as Composite Exhibit 1 hereto. I Section 5. That the terms and conditions contained in the contract for sale and purchase I I thereto between the City of Delray Beach, Florida, and Donald C. McGraw, Jr., Seller, in, the assignment I thereof to the CRC Recovery Foundation, Inc., Buyer, in, and all other notes, mortgages, and agreements' and all other documents attached hereto as Composite Exhibit 1 are hereby incorporated herein. PASSED AND ADOPTED in regular session on th~~ ' 1995. ATTEST: - MAY WÚ>tJ¡J 'Il)'1L ßI; l-j'» J./rtjb-t City Clerk mcgraw.ord 2 RES. 37-95 " . . composite Exhibit 1 to Res.37-95 CORTRACT FOR SALE AIm PURCHASB PAR'l'IBS : DONALD C. McGRAW, JR., ("Seller"), of 306 Northeast 2nd Street, Delray Beach, Florida 33483, (Phone ), and CITY OF DELRAY BEACH, a Florida municipal corporation,("Buyer"), of 100 Northwest 1st Avenue, Delray Beach, Florida 33444 (Phone ), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("personalty") (collectively "Property") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions attached ("Standardlsl") and any addendum to this instrument. I. DBSCRJ:PTION: (a) Legal description of Real Property located in Palm Beach County, Florida: The North 100 feet of Block 91, lying East of Florida East Coast Railway company right-of-way in the City of Delray Beach (formerly Linton) , Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, at Page 3, which is the same property as shown on the Plat of the resubdivision of Blocks 91 and 92, and the West Half of Block 99, Town of Linton, Dade County, Florida, filed Hay 9, 1912, and recorded in Plat Book 2, Page 21, Palm Beach COunty, Florida, records, shown as being situate on the northerly side of the resubdivision of Block 91, being an area 100 feet from the north to south on the east, running west of the Florida East Coast Railway COmpany right-of-way, and designated "not included" and being the property in part conveyed by Calvin W. Garner and Eulalie H. Garner, his wife, to L.C. Vaughn, by deed dated April 26, 1954, recorded in the Public Records of Palm Beach county, Florida, in Deed Book 1054, at Page 452. (b) Street address, city, zip, of the Property is 306 Northeast 2nd Street, Delray Beach, Florida 33444 (c) Personalty: II. PURCHASE PRICB: ................................... $ 280,000.00 PAnmBT: (a) Deposit(s) to be held in escrow by Donald C. HcGraw in the amount of $ 1.000.00 (b) Additional escrow deposit (uP to 10\) to be held by Robert W. Federspiel, Esq., within ten (10) days after Effective Date in the amount of $ 27.000.00 (c) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ 252.000.00 III. TIME FOR ACCBPTARCB BPFBCTIVB DAD; 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 April 30, 1995, the deposit(s) 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. TI'l'LB BVIDBRCB: At least ten (10) days before closing date, Buyer shall, at Buyer'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. CLOSIRG DAD: This transaction shall be closed and the deed and other closing papers delivered by a cash purchase closing on september 1, 1995, unless extended by other provisions of COntract. VI. RBS'l'RICTIORS DSBKBM'l'S LIKITATIONS: 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 7i feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other None; provided that there exists at " ' . .. closing no violation of the foregoing and none of them prevents use of Real Property for purpose(s). VII. OCCUPARCY : Seller warrants there are no parties in occupancy other than seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to 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 dats 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. VII I. TYPBWRI'1"1'BJI OR BARDWRI'1"1'BJI PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. RIDBRS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)DCoastal COnstruction Control Line Rider b)DCondominium Rider c)DForeign Investment in Real Property Tax Act Rider d)DInsulation Rider e) DFHA/VA Rider . f)DOther: x. ASSImmBILITY: (CHECK (1) OR (2»: Buyer (l).may assign or (2)Dmay not assign Contract. XI. SPECIAL CLADSBS: (CHECK (1) OR (2»: Addendum (l).is attached OR (2)Dis not applicable. XII. TIHB IS or mB BSSBRCB or mIS OOR'l'RACT. XIII. DISCLOSURBS: Buyer Dacknowledges or Ddoes not aCknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures. - _BUYER'S INITIALS ---------- Buyer Date Seller Date Social Security Social security or Tax ID No. or Tax ID No. Buyer Date Seller Date Social Security Social Security or Tax ID No. or Tax ID No. Deposit(s) under Paragraph II received. IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: Robert W. rederspiel. IEscrow Aaentl By: Robert W. Federspiel " · ADDBNDUH TO CORTRACT FOR SALB ARD PURCHASE SELLER: DONALD C. MCGRAW, JR. BUYER: CITY OF DELRAY BEACH PROPERTY ADDRESS: 306 Northeast 2nd street, Delray Beach, Florida 33444 XIV. SPBCIAL 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"): Bxcept 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 parties hereby agree that this Contract is assignable by the Buyer, without recourse, to The CRC Recovery Foundation, Inc. D. The soil, surface water, drainage requirements and runoff availability, geological and environmental conditions, and state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be dete~ned by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyers' expense within sixty (60) days from the effective date of this Contract. 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 property. E. This Contract is contingent upon (i)the simultaneous closing on the sale of the subject property by the City of Delray Beach to The CRC Recovery Foundation, Inc., or (ii)acceptance of an Assignment of this Contract from the City of Delray Beach to The eRC Recovery Foundation, Inc., in form acceptable to the City of Delray Beach. In the event either of the above-described events shall not have occurred on or before September 1, 1995, the City of Delray Beach shall have the right but not the obligation to cancel this Contract and receive a full refund of all deposits paid hereunder. " . . Page 4 Contract for Sale and Purchase Seller: Donald C. McGraw, Jr. Buyer: City of Delray Beach F. Notwithstanding any provisions of this Agreement to the contrary, the Buyer will obtain at Buyer's expense title insurance on the subject property and the Seller shall pay all Documentary Stamp Taxes. G. The parties warrant and agree that there is no broker involved in this transaction. H. The Seller has disclosed to the Buyer that there currently exists a certain encroachment of the subject building and driveway onto the Florida East Coast Railway Company Right-of-Way, which such encroachment is the subject of a lease between Seller and FEC. The Buyer shall have ninety days (90) from the date of this Contract to obtain a survey of the subject property showing such encroachment and reviewing all documentation relating to such encroachment including the above-referred to Lease with the FEC. This Contract is contingent upon the Buyer's determination that the status of such encroachment is acceptable to Buyer in Buyer's sol~ discretion and further subject to such Lease, FEC being duly assigned to the Buyer with the consent of the Landlord. SELLER'S INITIALS: BUYER'S INITIALS: . .' . . ftANDARDS POR REAL BSrMB rRAllSAcrIoRS A. ~or nn.JI: U)An abl!ltract of title prepared or brought current by a reputable and exl.tting abstract firm (if not existing then certified &!!I correct by an exl.stlnq firm) purporting to be an accurate synopsis of the instruments affecting title to Real Prq:8rty 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 cU:ltomary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a rlorlda licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner'", policy of title insurance 1n the amount of the purchase price, inauring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be diaoharqed by Seller at or before closing. Seller shall convey a .arketable title subject only to liens, encumbrances, ~ion.o or quelificetion.o eet forth in Contract. Marketable title shall be determined according to applicable Title Standards adr:::Iptm by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title cOIIIIit.ent, from date of receiving evidence of title to exandne it. If title is found defective, Buyer shall, within 3 days, notify seller in writing .specifying defect (s). 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 sha.ll have the option of either accepting the title as it then is or dElnanding 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 is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. IIR:IIIISII _ _: IEllUft _ !rO SJILLD.: A purchase money ...ortgage and Mortgage note to Seller shall provide for a 30 day grace period. in tbe event of default if a first mortgage and a 15 day grace period if second or lesser mortgage, shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of re!lale of Real Pz-opertYI shall require all prior lien and encumbrances to be kept in good stllnding and forbid modifications of or future advances under prior mortgage (s); and the mortgage, note and security aqreement shall be otherwise in tonn and content required by Sellen but Seller may only require clauses customarily found in mortgages, lIIortgage notes, and .security agreements generally utilized by saving and loan institutions, or stllte or national banks located in the county wherein Real Prcperty is located. All Personalty and leases being conveyed or assigned will, at Sellerls option, be subject to the 11en of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payaenta thereon. c. ~: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property 8urveyed and certified by a· registered I"lorida surveyor. If survey shows encroactuaent on Real Property or that ilnprovements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable goverrunental regulation, the same shall con!ltitute a title defect. D. -: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine !lame, may have Real Property inspected by a Florida Certified Pest control Operator to determine if there is any visible active termi te infestation or visible existing denage lran teødte infeatation in the improvements. If either or both are found, Buyer will have 4 days froa delte of written notice thereof, within which to have all damages, whether visible or not, inspected end e!lti_ted by a lioensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2' ot purchase pric.. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair esti.ate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an araount equal to the total of the treat.ent and repair estimate not in excess of 2\ of the purchase price. ·Termites· shall be deemed to include all wood de~troying organisns required to be reported under the Florida Pest Control Act. B. -.. JIll) _.: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. r. r.auBS : Seller shall, not le!ls than 15 days before closing, furni!lh to Buyer copie:!! of all written leases and 88toppel letters frœa each tenant specifying the nature and duration of the tenant' 31 occupancy, rental rates, advanced rent and a.curity deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that tilDe period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confie. such information. Seller shall, at closing, deliver and as.sign all original leases to Buyer. G. r.DHS : Seller shall furnish to Buyer at tiMe of closing an affidavit attesting to the absence, unless otherwi!le provided for herein, of any financing statements, claims of lien or potential Iienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of clo:Üng. If Property ha. been illproved, or repaired within that time, Seller !lh"ll deliver releases or waivers of mechanic!I' liens executed by all general contractor!l, subcontractors, suppliers, and lDaterialmen in addition to Seller'.s lien affidavit setting forth the names of all such general contractors, subcontractors, aupplier!l and materialmen and further affirm.1ng that all charges tor iJaprovem.ents or repairs which could serve 8!1 a basis for a mechanic's lien or a claim for damages have been paid or will be paid at clo!ling of thi!l Contract. It. PLIICII or CLO'IRG: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. X. ßMa: Time periods her4!in of less ttlan 6 days stla.ll in the computation exclude Saturdays, Sundays and øtate or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. ~ FOR CLO'IRG: Seller shall furnish deed, bill of !lale, mechanic' 31 lien affidavit, assignments of leases, tenant and mortgage e!ltoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statU\ents. It. -: Doc::\aentary ~s on the deed and recording corrective instruments shall be paid by Seller. Docuøentary at_pa, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PIIORAnOll': ClWDn": Taxe!l, assessment.s, rent, interest, insurance and other expenses and revenue of Property ehall 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 ahall be prorated. Cash at closing shall be increased or decreased as .sy be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer end ..craw depo.it. held by mortgagee will be credited to Seller. Texe. ahall be prorated based on the current year's tax with due allOW'ance Mde for lIaximUln allowable discount, homestead and other .x....ptions. If closing occurs at a date when the current year's lIillage is not fixed, and current year's assessment is available, taxes will be prorated based upon such asseanent and t.he prior year's millage. If current year's aases!l1nent is not available, then tUe!l will be prorated on the prior year's tax. If there are completed improvements on Real Property by January 1!1t of year of closing which improvement' were not in existence on January 1st of the prior year then taxes 8hall be prorated based upon the prior year's millage and at an equitable asseøsment to be agreed upon between the parties, failing which, z-equest will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request. of either Buyer or Seller, be sub!l8quently readju!lted upon receipt of tax bill on condition that a atat...ent to that effect is in the closing stat_ent. II. 8ncxAL AS8"- LXD.: Certified, confirmed and ratified special assaSSlnent liena as of date of closing (not as of Effective ¡:ate) ere to be paid by Seller. Pending liens as of date of closing shall be asswaed by Buyer. If the improvement has been substantially cxnpleted as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller !Ihall, at closing, be charged an amount equal to the last estimate of assesSlD.ent for the i.prav_ent by the public body. M. D8lll:!lCIt',...u..IR) 1aDft'IIRARCa: Seller warrants 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 leak!l, water damage or structural damage and that the septic tank, pool, all major appliances, mechanical items, heating, cooling, electrical, plumbing systems and machinery are in K>RKING CONDITION. Buyer lIay, at Buyer's expense, have inspections made of those itf!ll\!l by a f1m or 1nd1viðual specializing in hom.e inspections and holding an occupational license 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 auch item!! that do not .eet the above standards as to defect.!. Unless Buyer reports auch defects within that time, Buyer shall be deemed to have waived Seller's warranties a!l to defects not .r8p:)rted. If repairs or replacement are required, Seller .shall cause such repairs to be made and shall pay up to 3' of the purcha!le price for such repairs or replacements as may be required in order to place such item!! in N:>RKING CONDITION. If the cost for such repairs or replacement exceeds 3\ of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defect!l prior to closing, the cost thereof shall be paid into escrOW' at closing. Seller will, upon rea!lonable notice, provide utilities service and access to the Property for inspections, includinq a walk-through prior to closing. Between Effective Date and the date of closing, except for repairs required by this Standard, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted.. o. laSE or LaIS: If the Property i:ll damaged by fire or other casualty before closing and cost of restoration does not exceed 3' of the a.!llsessed valuation of the Property so dðJll.aged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the tems of Contract with re!ltoratlon costs e!lcrowed at closing. If the cost of restoration exceeds 3' of the a!l!lessed valuation of the improvements !lO damaged, Buyer "hall have the option of 8i ther taking Property as is, together with either the 3' or any insurance proceed!l payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit (:II). P. PIIOCUD' or 8ALII; CLOSIRG PIIOC3DIIIIB: The deed !!hall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encuJllbrances or charge which would render Seller's title wnarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by . · , ,such qthpr.awtualiy acx:eptable """roo< agent for a period of not longer than 5 day. frOlll and after closing date. If Seller'. title 1. rendered UlIIIaCketable, through no fault of Buyer, Buyer .hall, within the 5 day period, notify Seller in writlng of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect a If Seller fails to timely cure the defect, all deposit {a} shall, upon written demand by Buyer and within 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 fails to make timely demand for refund, Buyer shall take title as 1!1, waiving all rights against Seller as to any intervening defect except 88 may be available to Buyer by virtue of warrantiea contained 1n the deed. If a portion of the purchase price is to be derived from lnstitutional financing or refinancing, requiresnent:l of the lending institution as to place, time of day and procedures for closing, and for dl:lbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require {rom the lending institution III written commit.ent that it will not withhold disbursement of lIortgag8 proceeds 85 8 result of any title defect attributable to Buyer-aortg8gor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse I18tters pursuant to Section 621.1841, F.S. (1989), as ..ended. Q. DCRJII': Any ~ agent (.~.) receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them praaptly, bold sane 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 perfoE'lDðnce. If in doubt as to Agent's dutl." or liabilities under the provisions of Contract, Agent ..ay, at Agent's option, continue to hold the subject utter of the escrow until the partie! BJtually agree to its disbursement, or until a judqraent of a court of competent juriadiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dlspute. Upon notifying all partie~ concerned of such action, all liability on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provlsions of Chapter 415, r.s. (1989), as amended. 'Any suit between Buyer and Seller where Agent is ..ade a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent #hall recover reasonable attorneys' tees and costs incurred with the fees and C08t8 to be paid from and out of the escrowed funds or equivalent and charged and awarded a!l 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 SeUer of items aubject to this escrOW', unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. _ ....; coa~s: In any litigation arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any aubagenta to the lillting broker or Buyer's broker, shall be entitled to recover reasonable attorney'a fees and costa. s. I'AIr.tIIIII or PIIII-..cJI: If euye~ fails to perfona this Contract within the tille specified (including payment of all deposit{s», the deposit (a) paid by Buyer and deposit (s) agreed to be paid, .ay be retained by or for the account of Seller a. agreed upon liquidated cIemages, consideration tor the execution of this Contract and in full settlement of any claiau!!II whereupon, Buyer and Seller shall 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 aake Seller's title ..ark.table after diligent effort, Seller fails, neglects or refuses to perfoI1n this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer':!' deposit (8) without thereby waiving any action for damages re.sulting from Seller's breach. ~. CXIftIUIC!' _~; _ _; 1tO'nC8: Neither this Contract nor any notice of it ahall be recorded in any public recorda. 'Ibis Contract .M\all bind and inure to the benefit of the parties and their aucceasors in interest. "enever the context permits, singular shall include plural and olle 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 patty. U. COØVKrARCII : Seller ahall convey title to Real Property by atatutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personalty :IIhall, at request of Buyer, be transferred by an abaolute bill of sale with warranty of title, subject only to such matters as IMIY be othendae provided for herein. v. --, No prior or pre:llent agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No ..odification or change in this Contract shall be "lalid or binding upon the parties unle!l!l in writing and executed by the party or parties intended to be bound by it. W. WUIWftI.s: Seller warrants that there are no fact!l known to Seller JIIsterially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. . -~- --- --~--~-~~-- ----- ~-----~-- ABS%OIlHII:M!I! ACJUIIHBH~ THIS ASSIGNMENT AGREEMENT 18 made and ent.ered into thie --- 1995, Þy and between CITY OF DKLRAY BRACH, a day of , Kun1g;l.pal Corporation, herejnafter referred to a8 Flor1da . and '1'HB eRC RBCOV!:Jt.Y FOUNDA'.1'ION, 1:NC . , hereinafter "Assignor, rt;tferred to ae ".A8sign... n WIT N B S S B T H . WHEREAS, the A."J.gnor 1.s the oontraet p\1rChaSRr under that c8rte1n Con~ract for Sale and Purehasevith DONALD C. MeG~AW, JR. , A COpy of which 18 attached hereto (herGinafter referred t.o a8 the "Contract" ) , and WHBRBAS , the A..ignor d.sire. to a..ign all of it. r1Qht, t1.~le And J.nter..,t. 1.1'1 and to the ..1d Contraet to the Al!llItgnee wJ.thout recour.e to the Ass1gnor; and WHKR~, the Assignee 1s desJ.rouB of acquiring the rightø in the subject Contract. NOW, THERDJ."OIU!: . 1.1'1 cons1derat1on of the sum of Tan and 1'10/100 DOllars ($10.00) and other good and valuable eonø1derat10n from one pArty to the other, the ~ceJ.pt and adequacy of whieh 1.8 hereby ac)¡;now~.dged, 1t 1. agreed a. fol~owøl L The Assignor hereby as.19ns all uf i~ø right. title And inter..t .i.n and. to that certain Contract .t~ached hereto to the AaeiQnee without recours. tu the Assignor. 2. The Mllign.. h.~by acc.pts suoh aøld.CJIDII'Int and .gr..s t.o ..sume a~~ ~i.bJ.lJ.ty and responsibility ~or the performance of the terms and çundi~ions contained in .aid Contract. 3. Th. A8111gnee aQreee tu indemnity and hold the AlIsignor harmless for any and all liabiliLy or damage. ~si9nor ~ay 1ncur from the AB.1wn~~·ø lallure Lo pex!orm in accordance with the t.erms and cond~t~on. of the subject Contract. 4. The A_signor hereby agrees to loan to the Assignee funds required to pay the purgl~øw prLue requlred under the .aid Contrðct inCluå.1ng the dePosit mon.i.e8 in the total sum of TwO IIundred Blghty Thousand Dollars (~280,OOO.oO) under the t~rJR. and conditions set forth 11'1 t.hat. oerl.a.1n Hote And Hort9ðge attAched heret.o aftd _de a part hereof all Bxhlblt "A. .. The A. II 19nee by acoeptance of this Ae8igM\ent agrees to execute the l'romiElBory Note and Hortgago 81multaneous wJ.th the eloSiftg. - .' " 5. Th. A8.ignor a9reell to provide and pay for the title inlluranoe, real property lIurvey and .nvironmenta1 a....II_nt. ponnittod undor the said Contraot for 8alo and Purohaso and Assignee a9rees to re~urse Assignor for one-half (1 ) of the cost of the .nvironm.ntal a.....m.nt.. fí . In considerat.1on of the Assignor having assigned the 8ubject Contract to the Mølgnelõl, the adlõlc¡uacy of which conøidlõlra~ion ill hlõlrlõlby acknowledged, it i. agrlõllõld a.. follow... A. Tho Assignoo horoby grants to tho Assignor for a torm of seven (7) years from the date of th.1s Ac¡rreement the ric¡rht to purohase the subjeot property from the Assignee for a total prioe of Two Hundred Bighty Thousand Dollars ($290,000.00) in the event tho AssJ.9noo shall havo dctonninod to sall or trans for suoh roal property to any third party by conveyance, lea.e with an option to purchase or any other manner of conveyance. The Ass.1gnee IIhall delJ.ver to Assignor advance written notice of its intent to dispose of ø\loh real pxoperty and the As.ignor IIhall have a pexiod of thirty days (30) days from receipt of .uch notice to exexciae ita right to purchacso tho csubjoct property from the Assignee for t.he abovo-doBcribod purchaso prJ.ce by deliverJ.ng writ.t.en not.ice thereof to the AøsJ.gnee within lIaid thirty day (30) per.i.od. In the event the AISBignor shall have exerci8ed it. right of purchase, the closing shall take place within thirty days (30) thereaft.er. lJ. ·J.·he cite Itecovery Foundation shal.!. endeavor to invClcst One lIundred Thousand DollarD ($100,000.00) during 1995 and 1996 t.v be used in rehabilitating the building to maka it ullab1e by the Crossroads Club, .1noluding installing an ttlevator a. required by the applicable Governmentsl codes. 7. All terms and condit.1ons of the sa.1d Contract shall be deemed to havGII survived I.htt clotlJ.nq of 'Ch1s 'Cre.n8e.c~ion. Memorandum .v.1denc¿ng thtt Right of F1røt Retuse.l granted above may b. recorded by the City of Delroy Bcuach in the Publ1c Records of Palm Beach County, P1orida. IN WITN~SS WIIORBOF, the partie., heret.o hlive tt~tt~utttd th.lcs Agreement the day and year first above wr.ittun. Attest: CITY OF bELRAY BEACH City Clark RYI MAYOR .' · 'f1\ß C1\C ~co~1\"l I'OUN'OJ\.'t1.0N, Att.ats U1C. BY' ~----- - .-------------~~----- I, EXHIBIT PREPARED BY AND RETURN TO: I "A" ROBERT W. FEDERSPIEL, ESQ. 501 EAST ATLANTIC AVENUE DELRAY BEACH, FL 33483 (407) 276-2900 MORTGAGE ~IS HORTGAGB, is hereby executed the _____ day of , 1995, by THE CRC RECOVERY FOUNDATION, INC., whose post office address is 241 N.E. 2nd Avenue, Delray Beach, Florida 33444, called the "Mortgagor", to CITY OF DELRAY BEACH, a Florida municipal corporation, whose post office address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444, hereinafter called the "Mortgagee." WITNESSETH: That for good and valuable considerations, and also in consideration of the aggregate sum named in that certain promissory note of even date herewith, hereinafter described, the said Mortgagor does grant, bargain, sell, alien, remise, release, convey and confirm unto the said Mortgagee, in fee simple, all that certain tract of land of which the said Mortgagor is now seized and possessed, and in actual possession, situate in Palm Beach County, State of Florida, described as follows I The North 100 feet of Block 91, lying East of Florida East Coast Railway Company right-of-way in the City of Delray Beach (formerly Linton), Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, at Page 3, which is the sBllle property as shown on the Plat of the resubdivision of Blocks 91 and 92, and the West Half of Block 99, Town of Linton, Dade County, Florida, filed May 9, 1912, and recorded in Plat Book 2, Page 21, Palm Beach County, Florida, records, shown as being situate on the northerly side of the resubdivision of Block 91, being an area 100 feet from the north to south on the east, running west of the Florida East COast Railway company right-of-way, and designated "not included" and being the property in part conveyed by Calvin W. Garner and Eulalie M. Garner, his wife, to L.C. Vaughn, by deed dated April 26, 1954, recorded in the Public Records of Palm Beach County, Florida, in Deed Book 1054, at Page 452. TOGETHER WITH any and all buildings and improvements now or hereafter erected thereon; and TOGETHER WITH all and singular the tenements, hereditaments, and appurtenances belonging to the land or any part thereof, hereby mortgaged or intended so to be or in anyway appertaining thereto (including but not limited to all income, rents and profits arising therefrom), all streets, alleys, passages, ways, watercourses, all other rights, liberties, and privileges of whatsoever kind or character, the reversions and remainders, and all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well as law as in equity, of Mortgagor, in and to all of the foregoing or any or every part thereof (said land, buildings, improvements, tenements, and other property interests being hereinafter sometimes collectively referred to as the "property" or the "premises"); TO HAVE AND TO HOLD the SBllle unto the said Mortgagee, and Mortgagee's successors and assigns forever. AND said Mortgagor does covenant with said Mortgagee that said Mortgagor is indefeasibly seized of said land in fee simple; that the said Mortgagor has full power and lawful right to convey said land in fee simple as aforesaid; that, other than has been specifically disclosed by Mortgagor to Mortgagee in writing, said land is free from all encumbrances; that said Mortgagor will make such further assurances to perfect the fee simple title to said land in said Mortgagee as may reasonably be required; and that said Mortgagor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS, that if said mortgagor shall pay unto the said Mortgagee that certain promissory note, sometimes hereinafter referred to as the "note", of which the following in words and figures is a true copy, to wit: SBB COPY OF ROTE ATTACRBD BBRBTO and shall perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said note and of this mortgage, then this mortgage and the estate hereby created shall cease and be null and void. '. . · AND the said Mortgagor hereby covenants and agrees: 1. This Mortgage is not assumable. In the event the subject property or any interest therein shall be sold, conveyed or in any other manner disposed of, including by Agreement for Deed, this Mortgage shall become due and payable in full. 2. To pay all and singular the principal and interest and other sums of money payable by virtue of said note and this deed, or either, promptly on the days respectively the same severally come due, and to promptly perform, comply with and abide by every stipulation, agreement, condition and covenant set forth herein and in said note, time being of the essence as to all such obligations except as otherwise specifically provided for herein or in said note. 3. To pay all and singular the taxes, assessments, levies, liabilities, obligations and encumbrances of every nature on said described property each and every. Specifically, Mortgagor shall pay all real estate taxes, water and sewer rents, other similar claims and liens assessed or which may be assessed against the premises or any part thereof, without any deduction, defalcation, or abatement within ten (10) days before the same become delinquent or commence to bear interest or penalties, whichever first occurs, and not later than such date, shall furnish to Mortgagee receipts for the payment in full of real estate taxes (and, upon the request of the Mortgagee, receipts for payment of any other charges as above referred to), and shall pay every other tax, assessment, claim, lien, or encumbrance which may at any time be or become a lien upon the premises prior to the lien of this mortgage; provided, however, that if Mortgagor shall in good faith, and by proper legal action, contest any such taxes, claims, liens, encumbrances, or other charges, or the validity thereof, then Mortgagor shall not be required to pay the same, or to produce such receipts, as long as such contest operates to prevent collection or tax certificate sale, and is maintained and prosecuted with diligence, and shall not have been terminated or discontinued adversely to Mortgagor. 4. To pay all and singular the costs, charges and expenses, including lawyer's fees, reasonably incurred or paid at any time by said Mortgagee because of the failure on the part of the said Mortgagor to perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants of said note and this mortgage or either. 5. To keep the buildings and improvements now or hereafter situate on said land and all personal property used in the operation thereof continuously insured against loss by fire, flood and such other hazards as may from time to time be requested by Mortgagee, in a company duly qualified and authorized to do business in Florida, in an amount not less than the full insurable value of such buildings and improvements; such insurance policy or policies shall contain the usual standard mortgagee clause making the loss under said policies payable, without contribution, to the Mortgagee as the Mortgagee's interest may appear, and a certificate and/or a copy of the policy, at Mortgagee's election, evidencing such insurance coverage shall be delivered to said Mortgagee; and not less than thirty (30) days in advance of the expiration of each policy, to deliver to said Mortgagee a renewal certificate thereof, together with a receipt for the premium of such renewal. Every policy of hazard insurance delivered to Mortgagee shall provide for at least thirty (30) days prior written notice to Mortgagee before such policy may be canceled, changed, altered, amended, or modified, or before any coverage therein may be reduced, deleted, amended, changed, or canceled by either the party named as the insured, or the insurance company issuing the policy. If the insurance, or any part thereof, shall expire, or be withdrawn, or become void or unsafe by Mortgagor's breach of any condition thereof or become void or unsafe by reason of the failure or impairment of the capital of any company in which the insurance may then be carried, Mortgagor shall immediately procure new insurance on the mortgaged property. In the event of any loss or damage, Mortgagor will give prompt notice thereof to Mortgagee. Any insurance proceeds, or any part thereof, shall be applied only to the indebtedness secured by mortgages on the property or to the restoration or repair of the property damaged. So long as any Owners Association maintains a "Master" or "Blanket" policy on the mortgaged property which provides insurance coverage against fire, hazards included within the terms "extended coverage", and such other hazards as Mortgagee may require, and in such amounts and for such periods as Mortgagee may require, then the foregoing provisions of section 4 hereof shall be superseded by the provisions of the declaration, articles of incorporation or agreement, bylaws or other constituent document of said association, or of applicable law, to the extent necessary to avoid a conflict between such provisions and said paragraph; for any period of time such insurance is not maintained, the preceding clause shall not apply. Mortgagor shall give Mortgagee prompt notice of any lapse in such hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the aforesaid property, any proceeds payable to Mortgagor are hereby assigned and shall be paid to Mortgagee for application to the sums secured hereby. 6. To keep said lands and the buildings and improvements now or hereafter situate thereon in good condition and repair, to permit, commit or suffer no waste, impairment or deterioration of said property or any part 2 · validity, and if from any circumstances Mortgagee should ever receive as interest an amount that would exceed the highest lawful rate, such amount that would be excessive interest shall be applied to the reduction of the principal amount owing under the note or other obligation secured hereby and not to the payment of interest. 18. Notices to Mortgagor shall be deemed sufficient if mailed or delivered to the street address of the property, if improved, or if not or if Mortgagor designates another address, to such other address designated in writing by Mortgagor, or if none is designated, to the address of the maker described in the copy of note attached hereto. Notices to Mortgagee shall be sent to Mortgagee's address identified herein, or such address hereafter specified in writing by Mortgagee, or if none is specified, to the address specified in the copy of note attached hereto. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated as of four (4) days after mailing. 19. This mortgage shall be construed under and in accordance with the laws of the State of Florida, and all obligations of the parties created hereunder are performable in Palm Beach County, Florida. 20. This mortgage shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and, where permitted by this mortgage, their assigns. 21- In case anyone or more of the provisions contained in this mortgage shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this mortgage shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 22. The words "Mortgagor" and "Mortgagee" include singular or plural, individual or corporation, and the respective heirs, executors, administrators, successors, and assigns of Mortgagor and Mortgagee, as the context requires. The use of any gender applies to all genders. ZR WITRBSS WBBRBOP, Mortgagor has hereunto set Mortgagor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: THE CRC RECOVERY FOUNDATION, INC. ~(Prinl Name) By: ~(Prinl Name) STAH OP PLDRIDA COORTY OP PALM BRACH THB FOREGOING INSTRUHBNT was acknowledged before me this _ day of _ , 1995, by , as of THE CRC RECOVERY FOUNDATION, INC., who is personally known to me or who has respectively produced .s identification and did not take an oath. ~ (Print R....) Notary Public [SEAL] C0IIID.1.B1on Mo, t My commission expires: 5 '. . . . ~, PROMISSORY ROTE $280,000.00 Delray Beach, Florida , 1995 FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay to CITY OF DELRAY BEACH, a Florida municipal corporation, or order, in the manner hereinafter specified, the principal sum of Two Hundred Eighty Thousand Dollars ($280,000.00) bearing no interest. The said principal shall be payable in lawful money of the United States of America at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, or at such place as may hereafter be designated by written notice from the holder to the maker hereof, on the date and in the manner following: Commencing on the 1st day of September, 1997 and on the 1st day of September of each consecutive year thereafter up through and including the year 2001, The CRC Recovery Foundation, Inc., will pay to the City of Delray Beach the sum of Fifty Six Thousand Dollars ($56,000.00) each. If default be made in the payment of any of the sums herein or in the performance of any of the agreements contained herein, then the entire principal sum shall at the option of the holder hereof become at once due and collectible without notice, time being of the essence; and said principal sum shall bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after maturity of this note or default hereunder counsel shall be employed to collect this note. Whenever used herein the terms "holder," "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. Maker's Address " . . .. {,I\ RECt:IVt:L..' /'À ) L ' APR 1 2 1995 [IT' DF DELHA' BEA[H CITY !Vir ,-:--;';'" nr"F t ., ~_ _ r . CITY ATTORNEY'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 . I D A bad MEMORANDUM AII·America City l' III! DATE: April 11, 1995 TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Seacrest Property - Right of First Refusal The attached documents when approved and fully executed, give the City a Right of First Refusal for a ninety (90) day period to purchase property held by N ationsBank and the property owned by Rajesh Patel (Seacrest Properties). The NationsBank agreement gives the City the opportunity to purchase the subject property for the amount contained in a bona fide offer made to N ationsBank during the ninety (90) day Right of First Refusal period, subject to all the terms and conditions of the offer made by the third party with NationsBank. The Patel agreement gives the City the Right of First Refusal to purchase the Patel property for one hundred thousand dollars ($100,000.00) during the ninety (90) day period. Both agreements require an initial one hundred dollar ($100.00) payment for the Right of First Refusal. By copy of this letter to David Harden, our office requests that these agreements be placed on the City Commission regular agenda for City Commission action. If you have any uestions, please do not hesitate to call. Attachments cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Mr. Rajesh Patel Mark Lind, NationsBank q.G· ® Printed on Recycled Paper '" " . .. Prepared by: Gary R. Pres~on, Esq. NationsBank of Florida, N. A. 400 North Ashley Drive FLJ.-01.0-1.5-02 Tampa, Florida 33602 Return to: Susan A. Ruby, Esq. City A~torney's O~~ice 200 NW 1st Avenue Delray Beach, Florida 33444 RIGHT OF FIRST REFUSAL AGREEMENT This Rig-ht of First Refusal Aqreement (the "Aqreement") is made and entered into this day o~ , ~995, by and between NATIONSBAHK OF PLO:iñ)A, N. A. , a national banJd.nq association ("Na~ionsBank"), and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (the "Ci ty") . For and in consideration of the sum of One Hundred Dollars ($1.00.00), the receipt and sufficiency of which are hereby acknowledqed by NationsBank, HationsBank has granted, barqained, sold and. conveyed, and by these presents does hereby grant, bargain, sell and convey to the city a riqht of first refusal, the terms of which are more particularly set fo~ below, with respect to that certain property situated in Palm Beach County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"). 1. Riaht of First Refusal. If at any time durinq ~e term of this Agreement NationsBank shall receive a bona fide offer from any person, orqaniza~ion or entity to purchase all or any part of the Property, NationsBank shall, within five (5) days of receipt of the offer, send the City a copy of the proposed con~rac~ and notice of its inten~ion to accept the same. The City shall have the riqht, to be exercised within ten (10) days of 1~S receipt of Na.tionsBank's notice, to a.ccept the terms of said Contract in writinq and thereafter to purchase the Property in its own name for the gross purchase price and upon the terms specified in said. Contract. Should the city not so elect within the said ~en (10) day period, NationsBank may sell the Property to said offeror provided the sa1e is on the said terms and conditions and for the price set forth in the Contract sent to the city. 2. Termination. This Agreement and the riCJht of first refusal contained. herein shall extinguish, terminate, and. be null and void upon the consummation of a sale, transfer, or conveyance of the Proper~y in fee simple to a third. party after full compliance with the terms of this riqht of rirs~ refusal, provided the sale is on the same terms and conditions and for the same price .' ., set forth in the Contract sent to the City; however, if such sale is not consumma~ed, this right of first refusal shall remain in effect. In any event, the right of first refusal granted to the city hereunder shall terminate ninety (90) days from 'the date first set rorth above, after which time NationsBank may sell, transfer or otherwise deal with the Property free and clear of the terms and conditions of this Agreement. Subsequent to the termination of ~is Agreement as provided above, the city shall, upon NationsBank's request, execute and acknowledqe a document stating such facts as are pertinent and fully relinquishing, waiving, and releasing all rights and obligations hereunder. 3. Notices. Any and all notices required hereunder shall be in writinq and. shall be deemed effective when either: (1) personally delivered to the intended recipient; (i1) three (3) business days after having been sent by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iil) at noon of the business day next rolloving after having been deposited into the custody of a nationally recoqnized overnight delivery service such as Federal Express, Airborne, Purolator, Emery, or UPS, addressed to such party at the addresss spec!t ied below; (i v) immediately if sent durinq business hours or at 8: 30 a.m. local time on the next business day following an after-hours, weekend or holiday notice sent by facsimile, telegram or telex, provided that receipt for such facsimile, teleqram or telex is verified by the sender and followed by a notice sent in accordance vi th cne of the other provisions set forth above. For ~he purposes or this paragraph, the addresses of the parties tor all notices are as follows (unless changed by similar notice 1n writing given by the particular person whose address is to be chang-ed): Ir to NationsBank: NationsBank of Florida, N. A. 100 North Tampa street suit. 1.700 Tampa, Florida 3360J Attn: Hark Lynd Fax: (81.3) 276-7666 Ph: (813) 276-7651 If to City: city of Delray Beach JOO NW 1.st Avenue De1ray Beach, Florida 33444 Fax: (407) 278-4755 Ph: (407) 243-7091. 4. Assianment. The r1qht of first refusal granted under this Aqreement is personal to the Ci ty and may not be assigned. or transferred. Any attempted assignment or transfer of this ric¡ht of first rerusal shall be null and void and of no force and effect. 5. Entire Aareement. This Agreement embodies the entire · , ,- agreement between the parties relative to the subject matter hereof I and there are no oral or written aqreements between the parties, nor any representations made by eitherr party relative to the subj ect matter hereof, which are not expressly set forth herein. 6. Time of Essence. Time is of the essence of this Agreement; however, if the final åate of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or leqal holiday under the laws of the United states or the State of Plorida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or leqal holiday. :IN WITNESS WHEREOF, the undersiqned have executed this Aqreement as of the day and year first set forth aÞove. Witnesses: .. NATIONSBANlC OF FLORIDA, N. A. Name: By: Name: Name: Title: CITY OF DELRAY BEACH, FLORIDA By: Kayar A'r1'EST: city Clerk Approved as to form. and leqal sufficiency: City Attorney .' . STATE OF FLORIDA COUNTY OF HILLS BOROUGH The foregoing instrument was acknowledged before me ~is day of , 1995, by as - banking' association, of NationsBank of Florida, N. A., a national on beha1f of 1:he associati.on. He is personally known to me or produced as identification. B.-e: Notary Public - S,tat:.e of Florida Serial No: Commission Expires: (Notary Seal) . ¡, EXHIBIT nAn LEGAL DESCRIPTION FOR 2200-23crcrSEACREST BOULEVARD DELRAY BEACH, FL Parcell: The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the following described parcels: 1. The South 15 feet of the above described parcel; 2 . The East 40 feet of the above described parcel; 3 . The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above described parcel; 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above described parcel. Parcel 2: The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 Eastl Palm Beach County, Florida. . Prepared by: RETURN: Susan A. Ruby, Esq. City Attorney's Office 200 New. 1st Avenue Delray Beach, FL 33444 RIGHT OF FIRST REFUSAL This Grant of Right of First Refusal IS made on this· day of , 1995, by Rajesh K. Patel to the City of DeIray Beach, Florida, a Rorida municipal corporation. NOW THEREFORE, in consideration of the promises and the consideration set forth herein, the parties agree as follows: 1. Rajesh K. Patel owns real property located at 2228 North Seacrest Boulevard, as more particularly described as follows: See Attachment A 2. In consideration of the premises and of the payment of one hundred dollars ($100.00) by the City of DeIray Beach to Rajesh K. Patel receipt of which is hereby acknowledged, Rajesh K. Patel grants to the City of Delray Beach, a Right of First Refusal with respect to the real property herein described to purchase the property for one hundred thousand dollars ($100,000.00). 3. If Rajesh K. Patel desires to sell the above-described property and receives from some third party a bona fide offer for the purchase thereof within ninety (90) days from the date of the execution of this Right of First Refusal, Rajesh K. Patel agrees to disclose the . · terms of such offer to the City of Delray Beach in writing within five (5) days following receipt of the offer. 4. The City of Delray Beach shall then have thirty (30) days after receiving the terms of the offer within which to elect to purchase the entire property for one hundred thousand dollars ($100,000.00). Such election shall be made by the City of Delray Beach by written notice to Rajesh K. Patel at 109, Suite A, East Boynton Beach Boulevard, Boynton Beach, FL 33435 within thirty (30) days of the receipt of notice by Rajesh K. Patel. Within thirty (30) days after the delivery of the City's election to purchase the property, the parties shall enter into negotiations to formulate a formal contract of sale contafuing the provisions normally used in such contracts in Palm Beach County, Florida and expressly including all the terms of the original bona fide offer made to Rajesh K. Patel, except as the parties may mutually agree otherwise. It is understood that the consideration paid for this Right of First Refusal shall be applied to the purchase price of the property. 5. If the City of Delray Beach fails to give the notice as required herein, Rajesh K. Patel shall be relieved of all liability to the City of Delray Beach hereunder and may dispose of the property as Rajesh K. Patel sees fit. Executed at on the date above written. CITY OF DELRA Y BEACH, FLORIDA By: Mayor ATTEST: City Clerk Approved as to form and legal sufficiency: City Attorney j, WITNESSES: RAffiSH K. PATEL: By: (name printed or typed) (name printed or typed) (name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped ., EXHIBIT "A" The North 150 feet of the South 290 feet of the East 170 feet of South one-half of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less East 40 feet for road right-of-way, Section 4, Township 46 South,' Range 43 East, Palm Beach County, Florida, also described as: Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4; Township 46 South, Range 43 East, Palm Beach County, Florida; thence ~ South 89° 47' 35" West for a distance of 130 feet to a concrete to a concrete monument; thence run North 0° 32' 25" West for a distance of 150 feet to a concrete monument; thence run North 89° 47' 35" East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0° 32' 25" East along the westerly right-of-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way. " TO: 04/03/1995 Susan Ruby, Esq. City of Delray Beach Subject: First right of refusal Dear Susan: as per our telephone conversation this morning, I am writing this letter. My asking price is $100,000.00. I also have enclosed environmental clearence papers for your reference. Please let me know about this as soon as possible. Because if not I wont to put a convinient store there. I am looking forward to close this as soon as possible. Thank you very much. s:tJÆ r . I " - -- ------ RaJesh Patel. 738-5616 -_. - :' ~ / \ .APR I 0 1995 ; I: \ ¡ , i ~¡ . , ,- --- -----.--""'- ; I --- --' .' v McCartv, ChaIr (tl@) !fIP~''"' ..u,,~ ,O'··'''ucu,", L, "'.u,,. , " '^ . , , . L. Foster, Vice Chairman ~n T. MólrcUS jl A. Roberts Department of ren H. Newell Environmentil! Resources MJnilgement Aùronson I Ide Ford Lee i I I I ! I Ocr 2 7 1994 ! October 25, 1994 I ! Ms. Susan L. Sharp, Engineer ì Environmental Resources Management BP Oil Products Company 9040 Roswell Road, Suite 500 Atlanta, GA 30350 Dear Ms. Sharp: , SUBJECT: BP #00370072 2228 SEACREST BOULEVARD, DELRAY BEACH DEP FACILITY #508514278 The Palm Beach County Department of Environmental Resources Management (ERM) has reviewed the Divestiture Site Assessment Report for the subject facility. Based upon the information presented in the report, no additional investigation is required. This letter does not certify the condition of the site. ERM reserves the right to require appropriate actions in accordance with the Cleanup Criteria Rule Chapter 62-770, Florida Administrative Code, for any contamination discovered in the future. If you have any questions concerning this notice, please contact Bruce Wayne or Laurie Olsen at (407) 355-4011. Sincerely, ~¿~ Environmental Manager Water Resources Division ' JAV:BW:lcc cc: Vivek Kamath, P.E., Waste Programs Administrator Southeast District Office, DEP - - ",\1\ E~IU;¡1 Opp()rtunity - t\lÏirn1.1live A¡;til111 EI11~'I\'Yl'r" 3111 S. Dixie llwy., Suite l~n West 1'.11111 Deadl, 1;lnrid.1 3J~05 P'"tlOtJ "'If lucyct"d tJ.Jp.., (",Oi) 355-~OII Suno:ulI1 2i3-~O II . .' 1 I"· ~ . . ~'~ f' " t ' rlTY [Ii: D~~ ~.!~,~~~ B~~[~ J ,_ !~ ': 'I , ' fir i~,:', ~~ß~~~1~ t~~· ~.~ ¡ s., , iiiai ¡¡:~~~J~;:¡.!J " I:i ,'!J:. ;:iI ~ t~lì,~,,,!~1 (1!~¡11;¡UJ"";'~ CITY ATTORNE'V1S OFF'ICE . I j: J ". ~ \ '. ::, ~ ., \ . ! ." . "; I ;.' '~';' I~!",\~ H, i-l.tiRln..\ J3·~ t~ ~"\l ',1:.:~: L -;,I~ _ . , DElRA Y BEACH WRITER'S DIRECT LINE: (407) 243-7091 , I 0 . . 0 ... bad March 28, 1995 AIJ.America City 1 ~ III! lC)'B Mr. Rajesh K. Patel 109 East Boynton Beach Boulevard Suite A Boynton Beach, FL 33435 Subject: Ri~ht of First Refusal Dear Mr. Patel: Attached please find a draft of a Right of First Refusal for a ninety (90) day period. The I Right of First Refusal when fully executed gives the City the rights within that ninety (90) days and if the City formally gives notice of its election to pursue the purchase of ¡ f the property, a contract for purchase will be negotiated to purchase the property. The ! payment of one hundred dollars ($100.00) binds you to the Right of First Refusal with I the City. If you receive an offer during that ninety (90) day period, you must contact the ¡ , City as required in the agreement of execution of the Right of First Refusal. ~ If you approve of the agreement as drafted, please execute it and return it to me at the I address listed above and I will submit it to the City Commission for their approval. ;} If you have any questions, please do not hesitate to call. Sincerely, OFFICE OF THE CITY ATTORNEY CITr,OF""D~LRA Y BEACH~"·F¡'ORIDA I / .""---..... ! / . . By: /<)I.}. -7<. ' ".. ' {.' U I., , (, v ...' ) ~- '-' .... , . Susan A. Ruby, Esq. City Attorney SAR:ci j Attachment I ' I ' , j "..., ~ \ ."", .... 'J', . ..' . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9· f¡' - MEETING OF APRIL 18, 1995 REQUEST FOR FUNDING/FLORIDA TREND MAGAZINE ADVERTISE- MENT DATE: APRIL 14, 1995 This is before the Commission to consider funding request for a full pagel four color advertisement in the Florida Trend IIRegional Spotlight Report II . Production and creative costs will be paid by the Community Redevelopment Agency. Placement costs will be shared by the Chamber of Commerce. The City's share is $3,885, with funding from City Commission - Advertising (Account No. 001-1111-511-49.10) . Recommend approval of the funding request for an advertisement in the June issue of Florida Trend "Regional Spotlight Report". '. " MEMORANDUM TO: sharon Morgan, Executive Assistant city Clerk's Office FROM: Nancy King, staff Assistant/Publications Edit~.~. THRU: David T. Harden, city Manager ~ DATE: April 10, 1995 SUBJECT: Agenda request reo Florida Trend Ad Attached is the information on the funding request for the advertisement in the Florida Trend Regional Spotlight Report. We are requesting funding for a full page four-color process ad. placement costs will be shared with the Chamber of Commerce. Production and creative costs will be paid by the Community Redevelopment Agency. The budget request for the city's share is $3885.00 Please place on the next commission agenda. .' ., AÞR-06-95 THU 03:46 PM P.02 -- - -~~ -.-- - -......----.... - .......... ~ --.. --- . .-: ~--~-,,-..' -- ---- The GREATER DELRAY BEACH ------------ Chamber of Commerce -- .-- ApriI5,1995 Mr. David T. Harden City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear ~éít--;=PÓÁ'J Please be advised that our Council of 100 has approved an expenditure of $3885.00 for a full page four-color process ad in the Florida Trend Regional Spotlight Report. Sincerely t ~_..~' - ¡1 /") J-{ WiWamJ. Wood cc: Dan Burns, Chairman, Council of 100 DEI" Greater Delray Beach Chamber of Commerce, Inc. 64 S.E. Fifth Avenue, Delray Beach, Florida 33483 407-278-0424 · Fax 407-278-0555 ,..., t .a 1',~ 11 ," . _. _ _ .' , CD Community Redevelopment -a Agency Delray Beach April 11, 1995 Ms. Nancy King City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Florida Trend Ad Dear Nancy: The CRA agrees to share the cost of a full-page ad in the upcoming regional issue of Florida Trend magazine with the City and the Council of 100. The CRA's portion will cover the cost of preparing the camera ready copy. Sincerely yours, ,,) Ct . ~ 'tl~ Christopher J. Brown Executive Director /d 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558 AdvfrtisinCJ Rates ~xecutive Market Place Black {, Whitt Classified listings are sold by the line with a seven-line minimum, and must -~---- ~-,----- -~-_.- -..-."--_._- be paid in advance. Classified display advertising in a variety of sizes also is Size I Time 4 Times 7 Times 12 Times 18 Times 24 Times available. Charges include typesetting. Full Page $5,975 $5,080 $4,480 $4.240 $4,005 $3.825 -~-'-" --. -.-.---- P"-' ___ __.._ - __.________.__ 2/3 Page 4,760 4,045 3,570 3,380 3,190 3,045 Classified 1 Time 4 Times 7 Times 12 Times 112 Page Vert 4,260 3,620 3,195 3,025 2,855 2,725 First six lines $96 $84 $78 $72 1/2 Page Harz, 3.705 3,150 2.780 2.630 2,480 2.370 Each additional line $16 $14 $13 $12 1/3 Page 2,510 2.135 1,880 1,780 1,680 1.605 Your company logo (per 1/2")..........,..,..,..,..,..,.".".,..,..,..,..,........,.,.....,.,...,.".",$48 116 Page 1,265 1,075 950 900 845 805 Yellow highlighted headline.....,."....,..,...,.,..,.,.....".,.....,..,..,..,..............,.,..,."." .$45 2 Page Spread 9,960 8,760 8,180 7.350 Color Classified display ads are sold eight to a page or can be combined for a Black plus one process color. add.................................................................$635 quarter-page at the following rates which include production: Black plus two process colors, add ................................................................. 730 Size Dimensions I Time 4 Times 7 Times 12 Times One PMS color (non-metallic), add..................................................,.............885 Metallic ink. add ................. ..........................................................................1.075 118 Page 33f8" x 2" $595 $495 $395 $295 1/4 Page 33/g" x 43/g" 1,250 965 895 870 Four-Color Proctss Spot color. add,.".,..,.",.,..,."."..,.,..,."..,..,."."..,.,...,..,.,.."..,.,..,...,.,.."..,.,."."",., ,$75 , . ----------------_.__.._._-~------------_._- Size I Time 4 Times 7 Times 12 Times 18 Times 24 Times Full Pa~e $7 770 $6.650 $5,825 $5,515 $5.210 $4.975 Restaurant Advertising 2/3 Page 6,425 5,460 4,820 4,560 4,305 4,110 .__u_______.._". 1/2 Page Island 6.175 5,250 4,635 4,385 4.135 3,950 Size I Time 2 Times 3 Times 4 Times 6 Times 12 Times 1/2 Page Harz. 5.370 4,565 4,030 3,815 3.595 3,435 116 Page $835 $740 $695 $650 $630 $610 1/3 Page 4.015 3,410 3.010 2,850 1/12 Page 465 410 385 360 350 340 2 Page Spread 12.950 11.390 10,635 9,555 Dimensions: 1/6 page.....................2I/4" x 47/8" 1/12 page........ .........,21/4.. x 21/4" (ovtr Positions Sptdal Positions Price reflects four-color Price reflects four-color Business Reply Card (BRC) ~---- --------------- ---.-..--..--------- 7 12 7 12 Position Times Times Position Times Times The insertion of business reply cards is available on a limited basis. Inside Front Cover $7.575 $7,170 Page 3 $6,990 $6,620 Quoted rates are for pre-printed inserts only. FLORIDA TREND will arrange Inside Back Cover 7.280 6,895 Opposite Contents 6,990 6,620 printing upon request at additional cost to advertiser. Quotes for larger inserts Back Cover 8,040 7,610 available on request. Each insert counts as one frequency toward frequency Center Spread discount. Check with Director of BRCs must run adjacent to advertiser's full-page ad. Limited availability Marketing for rales. Standard Business Reply Card size is S"x 3112" Blffd: No charge. See mechanical requirements. RAT( FOR IMYRTlOM .........$2, 195 ( Does not include printing costs.) ~rfqufn(y Dis(ount: Volume and frequency discounts are based upon advance space contract. Each contracted insertion counts toward earning Other Pre-Printed Inserts frequency discount. Insertions must be completed during twelve consecutive months or short rate may be incurred. Spfdal Positions 6uarantffs: An extra 15% computed on applicable Pre-printed inserts are on a space-available basis only. Availability, rates and complete insert specifications furnished upon request. Layout rate. Subject to approval from Director of Marketing prior to published or sample including copy must be received by Director of Marketing closing date. Positioning of advertisements is at the discretion of the Director prior to acceptance. of Marketing except where specific positions incurring a premium are agreed by contract; sizes and dates of insertion must be specified on the contract. . ' . ~" "~ ._~~. .:'::::::-:-':::"""-. ~ ¡ ,¡ ~ .. 4 t ~ t t F '- ~ '. ,.. - , i :." I ., I, '.,,_ ,.v ',)0 ': " .:, . <,,,. ,.- i , , .'.'" ., Get in on the excitement this June when business in The South Florida Region is the focus of the FLoRIDA 1iŒND Regional Spotlight Report. This special . advertorial takes a look at business in: Dad~, Broward, Palm Beàch and Monroe counties. It's an in-depth report on what's new, who's on the move, and how this . . area effectively markets themselves' as a region. It's one of Florida's most dynamic . market areas~ . All covered with a positive perspective that can help your company . build success. . '. ':'~~"';<rI~' C2' 'F.~~:,.v.q;';:;:,; ',' ,'C.{,':A', ':;"',,':;'"; ;'/,' ,'p ~'i '! .~' , ,..' . ~~:;, ",' ',-.,{ ·i~~:~: .:, ,. "» . ,'~Y-' ','::;:;",' '.'. ',. , .., R '" II ," :"" ~, ',"'~., _nul ..'.. ....~''':l.. :·~./I:3 u ... ê.. ":."~'.~ . , :t:¡":"f:;,:'.f;· ;,;,,;;;,;: "'" :.;:".!,,~·t';·':,::::),:":;";li/':';' ",:",;.·':;'?~::4::';: . Inside the FloRIDA 1'aEND Regional Spotlight Report, ~"Waåié reprinting 'a, ............ Of u.ðéN)j,'.;, ' you~ prospects will discover what .makes The South Florida :8dd~tionaf~iÏš'~fthis Regi.' SpOtlig~~:~:: Reg~on suc~a hot market for busmess today. Th~Y'1l fI?d· . . '., 'th«··'·"· '.......c··,,·,. ,"... '".":",!:.,[,,, theinformaüon they need to help them make thetrbusmess R.epc>!!, .~ ~II ~m~~ ~atlabftt():i,;i::;~!~f;~( plans about your area for the coming year, including key . ~SóÜ1b;Flo,rida ~fPl)~( Pfä~n'ñgçö~ri(it;::~,:. industries such as these: ': '';~ ,8èåCoQ' Ç9u~:,·ëcono~i developmerit~ .' · New Business & Economic · Construction &Real ' Counå&.èdinmitfeesOf 100, chambers ôf,:t:)} , Development Estate Development '-'-~'-'~', " - ,-"'- ~"-- --~--,,-- :':_" -""" ':-,,':'-"----: '. : ':'" fe'-,,: _"'~,,--__ ,','_, - _"_", :":_""'; -;"'""'<,i"vr,{;.,:.,,,"'" _ "CônUnercèthíOu håtÍt thê coun' . ..,.., .' ',... ând~tr· · Education ' · High Technology "co' Imftl9iWti.em:'; 'mL. ~~~uen': ·tion·:tJac:itynd'·,· ·"';,,f;.::t:"~;:? · Entertainment . Emironmental dO" _:""~","'- __'___",'''1- __,_' __-~__~~---'-.."I"I- _ ___ _ __ ':>__'- :: ': _ _-~~~·_;'~:~-::~:~':_'--'-A~';'->[,::'-1:~;__,; ,tourfsrrir:Otì';~' éOmn'lerdal:àriclresideritiål~;:,f,~' · Agribusiness · MedicaJ/Hea1thcare . JèaI.~ ~ áí'iÌJoIIiê[ tiúsiiiessø ~. · Media · Prol'essiorud Senices .'ti$e ~theÍÌ' ~onal:êffortsduring '199S:"l',' , ·Recreation, Sports & Tourism .. Marine Industry" : ~ ~d' 1~·So· 'when tÌria" ··a'dvertise "In' . .....~;:c#;:0i~;,~~ " ·Transportation · Intemational1i'ade , . ,W,' ~~~. Z~ . UR'\··,.,,~'"' v' , ' Regíonal spøtlighfReport YOu'll bénefitiE~:c~'~:;' · Legal , · State Associations 'f{om the added impetd of: tf\ešej'eprJn_~:'~:: Be part of the ~ction by inclu?ing the June ~~ue of , '·or· ,,' mono , ·ths"to' . .',¡ -' :;. ~:·.é;:::~,,;> ::W';'-.,ì';';'. FLORIDA TREND m your marketing and advemsmg plans 'I . come~;yt~%.. ,,":.;;";::'?::';e;:¡,+'t'~':}¡j[ ;¡;:,:';'¡');:{,: and posl'ü'on Your compa . S t b· dy & '~ . ",.." '''h; '" -, "'P" "'.'-..-" ',.", ·,,,~..$'W<,,·'."!0Y' ("'''.<'''h~~~_g''''¡,,,,<;'¡;:> nya a op usmess, rea lor ... ',;;, ,C', :;..~,.:. ;q"';..~<'''':~.':~';)c'~''~::;1:>''''~''~''P;: ;'H, ..gro~~~~~ ~PP~~I1j~~s.. .'_...': .~." .::'." __,_ ,,: ~.j .~ '0.._...." _ _" _. ::;:... ~~ .,_ - . ~..'.;'W!/~".~~~.~" . ,'" . >'::.".... ::;:,.' ,¡ i:"..--,-"':"'·;· : ",", :.... ~.' - '" .... .' _ ,~",,%:,,-~&,.Ù;_;_,l. ~>: / January 26. 1995 Dear Business J.,eader. W,"'''''"''' _ """"" _ "" _ -' W, """ _ """""",. . The JU . ...- rœ _ ""'" -. Dol< ... """'" ........ ..... .. ........ ...... . w'll n~ ISSue of FloRIDA TREND . "';00 wül bo ........ ;,,'tho "" ...."", ..........,... ;"",.,..."..... As,.. . 1 be an unportanl feSO ' . . "..._ _. '"""" ".... .... _ ........ _ _ """ vnn ....... on . tnlerested in the b' uree ,or fmns ._ _............ and lit I usmess opportunities . esty e of The South FI 'd . "" funcl, ",.,..."......-.....-.......... _" _', _ To guaranlee . on a Regton """".. PI_" _ d-"""" "" _ ~ ,,"""" ""'. poQû~ Regional S tliyour place m the ~:-,e that's sœe to give our business conununity the spotlight we haVe earned, S th ,pO 19ht Report on Th . . .' ou Flonda Re . e . . W...., ".li"Ii" ... .....go or ",.,... T..... tho ....'"........... ..,... 00 tho Lori Jaco"" glOn contact ........ ...... _ ~1l""" _'" _ .. ... __m .. 'f"". If ' or Ko Ozdemird, ,.,... ,."..,. ",. _...,.........,... _.- _ """....., your FloRIDA TREND Regio I M ."".......". Managers. The d dl. na arket ad ' ea me to reserve . .",... .. .......... _ .. wm\d, .. ... .. .. "" or _ ... """""........ space 15 Tbursday A ri1 ..- _ _..... "'.....~ tho "'_ """" _ _..._'" So call Lori Jacob 'f P 20. _ _ Ft. Laude dal V or r e, Palm Beach d th s-">'. Keys at (305)424-1701 an e Ro Ozdemir . c ' or \ ' C110r Miami and InternatIonal at (305) 377-1 today. You can also ' 937 enclosed card and m,~ll or FAX the you immediatel Dwe, get back to . The Soulh Flori~ R 0 [I now because better than eglOn IS looking Ø:,."i;¡. ,</, fJ.;1.4/ ~.......-.ó',A- /. ~ /~/.>" ' ever for your busines~ -- ç:;;;-. \'. %:'~-- ~. . ~1\ad<Ia~~c...odI ' Presii;jent President .. . south ~. '. AIfIIt.. . Call' - . ~.' ~ ' . . ~ . 1\''''''R!~ - Lori Jacob (305 Planning * £~'ONOMIC -3fœ Business Dewlopnl8lt. Bo~ Ro Ozd e ~. ( ) 424-1701 or "'"'" ~ ___ ........,,""'" mlrCI 305) 377 _,"" .,. -1937 JUNE I '. *" 1 ,'j#',. ; . ','..' "jf',,·%@'FI'·'-""__--SSUEDEADLlNES. .'¿ .'þ4·' ed ~ ' · y .;.~,,,,." . .",,>,:'" ,f" . Of) a ~,-: ~ !:".~. l"Þ ~'lJi~\~~ '> THE MAGAZIN end '.~ /".~0~'.i¿Ç>,..7:Ç..:/ E OF FLORIDA ~"".,. "".....",. . . ' aUSINESS f~<~tr"':''f'.. ,: '. (.. . . k"''i:&¡;~{'Jï..,''. , 813) 821-5800 Fax' '813" 8· . , ¿~_, ' . " \4 I 22-501!3 ,. ,~"".·11. -:- - - - ~.J , ".-4: (";'" '.\,... , , -~- -.--.. #.,.. ";;'J .' .' . SEE WHAT CAN HAP PEN TOone of the first in the state to appoint a A C I TY W H E N Commu~ity Redevelop~ent ~g:ncy, the City of Palmetto IS a shining EVERYBODY CARES' example of what can happen when a . community pulls together to create a vision for its future. SHARE THE VISION Great Business Climate. Tax incentives, expedited permitting and an accommodating City Council await your company's relocation to Palmetto, Home of Port Manatee and the $12 million Manatee County Civic Center, Palmetto is close to the interstate and the Tampa and Sarasota 70 Bradenton International Airports. N Plenty of railroad access, a forward Å reaching infrastruction program, low If f construction fees, relocation assistance ~~xi~o and the lowest impact fees in four counties add to an attractive business climate. f Community Redevelopment Agency Write or call for more information 516 8th Avenue West [I about the Community Redevelopment Palmetto, Florida 34221 Agency's Action Plan and its historic (813) 723-4570-FAX (813) 723-4576 I I . .pre,servat!on, commercial or write to: revitalizatIon, RIverfront enhancement, City of Palmetto - P.O. Box 1209 storefront improvement and affordable Palmetto. Florida 34220-1209 housing programs. . When do the numbers count. When you're number 1 and have your best year ever! Company Type of Business Jobs Sq. Ft. Company Type of Business Jobs Sq. Ft. Quality Products Manufacturing 400 247,000 Aviation Academy Flight/Mechanic 50 73,000 Publix Distribution 200 590,000 Mercedes/UniWolf Manufacturing 25 70,000 Continental Plastics Manufacturing 50 112,QOO Breed Technologies Manufacturing 300 60,000 US CD Distribution 25 96,000 Unique Industries Distribution 20 45,000 McMillan-Bloedel Manufacturing 60 82,000 Cardinal Industries Distribution 25 43,000 Lakeland racked-up some pretty impressive numbers last And this year is looking like a record-breaker also. year. We added over 1.6 million square feet of industrial, If you want to know what makes Lakeland such an distribution and warehouse space and created over 1,500 attractive place to do business, call Steve Scruggs, Director, new jobs. Some of the companies who came to our Lakeland Economic Development Council at 813-687-3788. community or e;.;panded their operations are listed above. Steve can tell you how you can become a part ofFlorida's Last year was our number 1 year... our best year ever! number 1 business community. Bt\~Q They Built A Whole State Around Us. . . . ~ ' . - - residents and businesses, Pinner said. "We're all working in the best interest of the county as a whole, whether it's Lakeland, Mulberry, Bartow, Fort Meade or Haines City," The focus on teamwork begins at the municipal level, where public/private partnerships in almost every city plan for economic growth, Cities also work together: attracting development is the I focus of monthly luncheon meetings at- tended by city representatives. The ~en you do business with the right bank, more than CFDC, with a 62- member board of di- rectors, provides a unifying focus for just the figures matter. But a few numbers can tell you a economic development. I lot about a bank. Like 40 years in business. "The board of county commissioners , 13,800 satisfied customers. $201,000,000 in assets. is very serious about attracting new in- i dustry and keeping the industry we al- I If you add up the figures, C&C could just be the right ready have here satisfied," notes Dan ~for yOU. Come visit us today. Costello, chairman of the county com- mission. "Job creation is absolutely cru· cial." CITRUS & CHEMICAL BANK Teamwork plays an important role in MEMBER FDIC almost every Polk County success sto- Offices in Bartow, Lakeland, Winter Haven and Fort Meade ry, adds William Reynolds, general man- ager of Cypress Gardens and chair- man-elect of the CFDC. "The interwork- ings and cooperation among various municipalities gives us a common focus i tKind Of that's good for the entire county," A number of developers in Polk Coun- ty provide speculative space or build-to-suit facilities, adds Jim Brantley, Imagine the perfect business environment. CFDC president. "We've been very fortu- A magical place at the crossroads of the nate because availability of product is a state's growth and development. This place driving force in economic development:' would be a governmental, agricultural, and economic center. It would have an unsur· At least two major users are looking passed municipal airport and industrial at commercial properties in Polk Coun- park that provided a variety of products ty, adds Bill Loftin, president of Loftin and services as well as existing land and Real Estate and a former chairman of buildings available for your business. the CFDC. "They aren't 'done deals: but Its people would cherish this land by taking pride they look pretty good," he said. in their community offering plenty of space for every want and The county also stands to benefit as . desire. It would support gracious living in a clean, healthy, unhurried road improvement projects now on environment, and at the same time exhibit ~ drawing boards move forward, notes a strong progressive business . . Charles McPherson, chairman, president atmosphere with enormous ~ and CEO of SunBank of Mid - Florida. The growth potential. / Florida Department of Transportation Dream no more. This place uF../tJ-ttt has begun planning improvements on . ft' t . 1 It· Contact: IS no an asy - 1 IS rea. IS J D L Ct M oe e egge, I y gr, Interstate 4 through Polk County and the Bartow, the County Seat of 813.534.0100 Florida Thrnpike Authority is now de- ... Imperial Polk County, where Cindy Barrow, Airport Mgr. signing Polk Parkway, a loop running opportunity and vision combine 813·533·1195 from Interstate 4 south through Lake- to create a different kind of magic! Mayme 5, Burdin, Executive Dir, Committee of 100, Bartow Chamber land and connecting to the interstate of Commerce 813·533-7125 north of Auburndale. Additionally the OCTOBER I 994 TB59 F LOR I D A TR END . - - - _._---- - .....-------- -- - Ii THEThMPABAYYou KNow ~ : © 1994 Bus(h EmertainmclH CorporJtion. AJI nghts resc=rved. I THEThMPABAYYOU DONT KNow .. ~ t I - .,:<. .....~~~, ~ ~, "' . .-...-. . C=t . ;.hfl i. ~ ,\\" I - ,.. " fJ Tampa Bay is famous for vacation Or our intematiomù popwarity æ; a For more infonnaöon, call attractions like Busch Gardens, Disney treatment center for foreign patients. the Tampa Bay Partnersrup: World, C:press Gardens, anclmore, That's partly why Bausch & Lomb, You knew that. Critikon, Surgical Supply, R.P. Scherer- 1-813-878-2208 I But ~"()u probabk didn't 1..1)0\\' abont our North America, American BioDynamics, TAMPA BAY ¡ tJni\ing hlo,uth amI others have e:\pmcled or eompJetel:, I ,md biomedje,u relocated operations here, ~~ ind\\stn, Our But don't take our word b· it. Call or I lealh II i-edge \\lite fÒr more inftmnation about Tampa research alllf Bay's t1n;\ in~ husiness climate, Once you nlt'dic,u school ¡mow what :'ou llidn't, your ne:\1 move ì programs, \\ill be e'LS\'. FDRBUSJNESS . . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'If1 SUBJECT: AGENDA ITEM # C¡·T - MEETING OF APRIL 18 , 1995 CONTRACT ADDITION (NO. l)/SULLIVAN BROTHERS, INC. DATE: APRIL 14, 1995 This is before the Commission to consider a Contract Addition (No.1) in the amount of $16,035 and ten additional calendar days to Sullivan Brothers, Inc. for replacing an old two inch water main with an eight inch water main interconnect between S.W. 8th and 9th Avenues in conjunction with the S.W. 9th Avenue Road Reconstruction project. The additional work consists of installing approximately 325 linear feet of eight inch water main from the originally proposed water main on S.W. 9th Avenue to an existing water main of S.W. 8th Avenue. Funding in the amount of $16,035 is available from Water and Sewer - Renewal and Replacement - Water Distribution Improvement (Account No. 442-5178-536-61.78), through budget transfer from Other Repairs/Maintenance (Account No. 442-5178-536-46.90). Recommend approval of Contract Addition (No.1) with Sullivan Brothers, Inc. ,', " . Agenda Item No.: .ti ¡ AGENDA REQUEST Date: April 11. 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 18. 1995 Description of item (who, what, where, how much): Contract addition to Proiect No. 94-062. S.W. 9th Avenue Road Reconstruction. The contract addition (C.O. #1' aenerallv consists of installina approximatelv 325 of water main from the oriainallv proposed water main on S.W. 9th Avenue to an existina water main of S.W. 8th Avenue. The attached plan sheet (4A) illustrates the proposed additional work. Sullivan Brothers. Inc. has submitted a price totalina 516.035.00 to complete the contract addition. Also included is a reauest for ten (l0' additional calendar davs to the contract time. fundina source is 442-5178-536-61.78 Water/Sewer R&R. ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES~ Recommendation: Staff recommends that Sullivan Brothers. Inc. complete the contract addition to S.W. 9th Road Reconstruction proiect for their submitted amount of 16 035.00. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red~l items involving expenditure of funds): Funding available: ES NO Funding slternatives ~lel _. ~ Account No. & DeSCriPtion~_~~~ * ~ . . Account Balance .j~..J 0.0?>8 City Manager Review: Approved for agenda: @/NO ßJj Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved File: AG462410.MRM ., . · DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: HOWARD WIGHT ~ DEPUTY DIRECTOR OF CONS C ON DATE: APRIL 12, 1995 REFERENCE: CONTRACT ADDITION SW 9TH A VENUE ROAD RECONSTRUCTION PROJECT NO. 94-62 ------------------------------------------------------------------ Enclosed is an Agenda Request and contract addition for the regular Commission Meeting on April 18, 1995, requesting approval of the referenced project. This project includes replacing an old two inch water main with an eight inch water main to boost water pressure in the area. The contract addition to this project consists of installing approximately 325 L.F. of eight inch water main ftom the originally proposed water main on SW 9th Avenue to an existing water main on SW 8th Avenue. Also included is the removal of the existing two inch galvanized main after tie-in of the new eight inch main. The enclosed plan (sheet 4A) illustrates the proposed additional work. Sullivan Brothers, Inc. has submitted a price to complete the proposed work, as indicated on the enclosed contract addition (C.O. #1). The total add amount for this work is $16,035.00 and 10 additional calendar days to the contract time. The funding source for this contract addition is as follows: (Budget transfer enclosed.) Portion of Project Funding Source Account Number Amount Water Water/Sewer R&R 442-5178-536-61.78 $16,035.00 Enclosures cc: Joseph Safford, Finance Director Richard Hasko, P .E., Deputy Dir. ESD, Public Utilities C. Danvers Beatty, P.E., City Engineer William Greenwood, Director of Environmental Services File: Project No. 94-62 (A) ., . \ ·~lw.r- , E~ · [ - .p~ -"..... .., ... 91 Hf4ON)H1 51 '.JKf "t- .I 3'W3'oV i :tI'S /K1J ~ IW ß) JHOIJi 0) .'1J(»I \ ) - lw I ~ I i I t- ~ j / C) I~ I I ~ lw -.J ~ ~ I c c I (:) ; ;:¡ .; "'<: -1 ::::z ", ,.. -/ Q C' /- - Q-=-- - - Vi Ie C)~ "l- e" ~~I I "- "'-- ~. ~ ð t-- < ~ ~~ ~ ~ t- 0"'- C) C) II 0) - C) () -.J ~I t- ~ QJ ¡!\!I a Q C) C) C) ~ ~fi! .. !:> -.J (.:::: I h... III ~ ~ ~ Q:¡ /- -~ - --00.-0 ~ Vj èt 0;)15 f ~ ~ ~ :;;ID ~ <: f--.. 0... ~.I ~ + i?~. C) ~ t<') NI ¡;:¡ < N' :s: --.J "- It) Çs C) .c'" () -.J 1-. §5 Q (I<X) V3 V) c 1- -~ - - c - -1 CJ C' QJ 3; ~ "I C' I 0 {) ì--- .. ~ ..~ .IIDII GT'N .~I -: 't- w~ ot).... V) Z. 01 II) ~ "- ~~~ ':-/·1 r -:;;N .w C) YJ -.J ~It) . +¡§ (I]~~ ... I < r:i. i.[) 0() ---j II I .¿~ - ~ - - 1-. "t- - VI", ~ I ~ j {I lw '" / I "- \..:) C) II v)..;:¡:: -.J C"\¡ ~. #. fr ~ h-Q \""".....~ ....."'( CI ,)or <;0. - - - - l' Iii :t: ¡ ~ ~ j ll( ~ I - <0 -\2) ~ t- l....J~ c C) C) c . -.J ::r::: -+ N I~ ~~ ~ Cé) "- -..j (' ~~ If ca Cì:::~ ì _C) ò~. ...., o . M ~. ..;:¡::C) i ZQ ~::¡ 11].... --.JQ:¡ o\ 40:: ~ lw ~ e"~. Q:¡h- fQJ· ~ - ..;:¡:: 1~31Vl I ..:S !:I3/IGS - - --.J ..J~ '!SIX3 \ / : Ç-. C' ciA.. "'". " I I ò;- I ~'-- · ~ ... I <IP,þ . '.~ "..". : . . ~.. "'"'"-- I /. .', c.,'· . . ... . .,.,. ~ ". -~~ .. .- I / '.... ;: ..-/ . I ~.... 'ò ~p~ ",p,:-/.~ ~ ~ ý~ - I - ... ~O+Cl I .... -9<J+l L '" ;;:; d}, {"or"¡"'."", "'7.C'" I 'VI, V <;0 ~ . ., . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT œANGE NO. 1 ~NO. 94-62 DATE: ~ TITLE: S. W. 9th Ave Road Reconstruction 'ID crNl'RACIDR: SUllivan Brothers, Inc. YOU ARE HEREBY REJ2UESTED 'ID MAKE '!HE FOuœ:rNG amNGES IN '!HE PlANS AND SP.tX.;J..1'·~CATIOO'S FOR '!HIS ~ AND 'ID PmFORM '!HE 1«>RK ACCDRDINGLY, SUBJær 'ID AIL a::NIRACl' STIPUIATIOO'S AND <DVENANI'S . JUSrIFICATIOO': Construct additional 8" DIP water main and a¡;plrtenanence to intercx:xmect with existin:] 6" water main on S.W. 8th Ave per CDB Env. SVC. Dept. plan sheet 4A of 7 for the above referenced Project (94-62). Also included is the removal of the existin:] 2" galvanized water main (original contract and C.O. II) upon c::arpletion and tie-in of the new 8" main. Work is to be oonstructed at the mrlt prices belOW' based on actual field measured quantities. Qmtract Bid Item No. Desc:riDtial tmit 2tY tmit Price A1IDunt 24} 8" DIP Water Main LF 325 $ 22.00 = $ 7,150.00 25} 8" Gate Valve FA 1 $ 650.00 = $ 650.00 26} 6"x6" Tappin:] Valve and Sleeve FA 1 $2,300.00 = $ 2,300.00 30} Sanple Point FA 1 $ 200.00 = $ 200.00 -) Open cut Pavement Repair I.S 1 $ 950.00 = $ 950.00 -} Abanion¡Rfm:Jve exist 2" Galv Main LF 1,595 $ 3.00 = S 4.785.00 Total Chan;Je Order 11 $16,035.00 SUMMARY OF CDN'IRACT AMJUNT œIGINAL crNIRACT AMJUNT $ 292,400.00 a:>sT OF CDNSTRUCI'IOO' amNGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED crNIRACT AMJUNT PRIOR 'ID '!HIS CHANGE ORDER $ 292,400.00 a:>sT OF CDNSTRUCI'IOO' amNGES '!HIS ORDER $ 16,035.00 ADJUSTED a::NIRACl' AMJUNT INCliJDING '!HIS CHANGE ORDER $ 308,435.00 PER CENl' INæFASE '!HIS CHANGE ORDER 5.5% 'IUI'AL PER CENl' INCREASE 'ID DATE 5.5-% - - . · Page 2 Qwge Order #1 S. W. 9th Ave Road Reconstruction Contract time to be extemed ten (10) calemar days for this work CERl'IFIED m'A'1'EMENI': I hereby certify that the suwortin1 cost data included is, in my considered opinion, accurate. SUllivan Brothers, Inc. 'ID BE FTILED our BY DEPARIMENT INITIATING C1IANGE ORDER "¡'-IV,;}.. ;qr Environmental Services Department 442-5178-536-61.78 Water/Sewer R&R FUNDS BUOOEl'ED Q)l)E DEŒAY BEACI, FIDRIDA by its City Camlission REXXJo1MEND: By: Richard Hasko, Dep Dir of 'lhamas E. Lynch, Mayor Public utilities ATI'æI': APPRJVED: By: City Attorney city Clerk " - . City of Delray Beach Budget Transfer Form (1) Departmental Une Transfer (2) Date 4-12-95 ---"------- (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: .-!~c~!,d Hasko.__. ---- PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 94-62 ~42-5178-536-61.78 W & S-R & RWater Dist Improvements 43,635.00 - - ~42-5178-536-46.90 W & S - R & R 43,635.00 Other Repairs/Maint. Cost (10) TOTAL 43,635.00 43,635.00 JUSTIFICATION: Transfer required to correct negative balance and provide funding for Sullivan Brothers C.O. 111 to install additional 325 LF of 8" DIP in conjunction with Project #94-62, SW 9th Ave. Road Reconstruction. /Î 17 ~ /~ ( ) . Department Head ~~ V~, ~ ..,!J1/Y Asst City Manager _____._.n________.__ Finance Director _.._ _. --.-_... -- --_._-~-_... City Manager .. -- _... . ...."----- (11) Budget Revision Date __.___.__._____ (12) Control Number ,- (13) Period -----------_.--- (14) Count _________. ORIG INAL-BUDG ET CANARY-FILE PINK-DEPARTMENT '. . - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i C¡J - MEETING OF APRIL 18. 1995 RESOLUTION NO. 36-95/SUPPORTING SOUTH PALM BEACH COUNTY LOCATION FOR A CONVENTION CENTER DATE: APRIL 14, 1995 At the April 11th workshop, the Commission, by consensus, supported the locating of a convention center at the South County site commonly known as the Knight Commerce Center property. The parcel is located at the southwest corner of the C-15 Canal and Congress Avenue, with direct access from I-95 at the Congress Avenue exit. Staff was directed to prepare a resolution to formalize this position. Resolution No. 36-95 is proposed for your consideration. It is based on information provided by Knight Commerce Center, Inc. , a copy of which is attached. Recommend consideration of Resolution No. 36-95. ref:agmem020 . ! I· ....-.~.--_....._"..y _.-_.._..._.~."._,..~._.",..~.'~''-"'. A. .._, I I RESOLUTION NO. 36-95 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ¡ DELRAY BE"ACH, FLORIDA, SUPPORTING AND ENDORSING THE I LOCATION OF A CONVENTION CENTER AT THE INTERSTATE-95/ CONGRESS AVENUE SITE IN SOUTH PALM BEACH COUNTY. ! WHEREAS, Palm Beach County, Florida, is the largest I' metropolitan area in the United States without a convention center; and I I WHEREAS, Palm Beach County has decided to develop a ¡ convention center and has undertaken a study of available lands for the location of such a facility; and WHEREAS, one of the proposed sites under consideration is a parcel of land located at the southwest corner of the C-15 Canal and Congress Avenue in Boca Raton, immediately south of and adjacent to I Delray Beach, in South Palm Beach County (commonly known as the Knight I Commerce Center property); and ! WHEREAS, the subject property is a transportation hub with I virtually perfect access to Interstate-95, a I Park & Ride I facility and a Tri-Rail terminal; and i WHEREAS, this is the only site for a Convention Center in I Palm Beach County that is served by both Palm Beach International , Airport and Fort Lauderdale/Hollywood International Airport, serving I three times the number of flights as compared to other proposed sites; and WHEREAS, hotels with over 4,500 rooms, some 300 restaurants, two upscale malls and fashionable shops are located within minutes of the site; and WHEREAS, Boca/Delray/Boynton is home to over 70 major corporations, many of which are major users of convention facilities and influential in the selection of convention sites for various associations; and WHEREAS, the South County location is uniquely marketable as a first-choice convention destination to companies worldwide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, supports and endorses the locating of a Convention Center at the I-95/Congress Avenue site in South Palm Beach County based on the reasons cited above. . . . , . - ,-_.. _, ·w," -'-,.-. - . ~ .- I , Section 2. That the City Clerk is hereby directed to send a copy of this resolution to all appropriate and interested parties. ! PASSED AND ADOPTED in regular session on this the 18th day of April, 1995. ~~ ¡ ATTEST: i I ~i.fthL',k1-~I!~ 'City Cl rk , i I i ! I I - 2 - Res. No. 36-95 . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9·~· - MEETING OF APRIL 18, 1995 DIRECTION ON PUBLICLY OWNED MOBILE DREDGE DATE: APRIL 14, 1995 This is before the Commission to provide direction for a response to the Palm Beach Countywide Beaches and Shores Council concerning interest in the joint purchase and operation of a dredge for beach nourishment purposes throughout the county. As noted in John Walker's memorandum, staff feels there are a number of problems with the concept and recommends against pursuing the matter at this time. Recommend that City staff be authorized to report to the Beaches and Shores Council that Delray Beach is not interested in participating in the purchase and operation of a dredge at this time. ~! / S~O .' .;1/;/ , , (' I { (' ',- " , .,.-,- . - -:.~...: !..'.,'. ' RECEVI-~]) APR 1 2 1995 PLANNING AND ZONING DEPARTMENT MEMORANDUM CITY MM:,"". nr:FICr . '. .. ., ~' .. e·.. .'.... I TO: David Harden, City Manager Ttl/J!£- FROM: John Walker, Project coordinato: DATE: April 11, 1995 ' SUBJECT: MOBILE DREDGE The Palm Beach Countywide Beaches and Shores Council has asked for member comment relative to interest in purchasing and operating a dredge to perform beach nourishment projects throughout the county. The idea came originally from the Town of Palm Beach (see attached letters). The concept expressed by the Town is that municipalities and inlet districts would jointly purchase and operate a dredge to nourish beaches from offshore borrow areas. The operation would be continuous, concentrating on "hot sots" of erosion to avoid large, occasional projects. The Corps of Engineers has indicated that permitting for such an operation is possible, but that federal funding is unlikely. Several Council members have stated their lack of interest in the project. There are a number of problems in the concept, even without any details as to cost and scope. * The type of dredge needed varies with the project. For example, the dredge that does our projects could not dredge an inlet, and would have a hard time with shallow water borrow areas like ebb tidal shoals. * The plant and equipment cost would be very large, on the order of $15-20 million. Not only would a dredge be needed, but derricks, tenders, pipeline, bulldozers and other equipment would be required. * The operation would require hiring a permanent crew of special ty personnel for both sea and land operations, as well as maintenance. * Some areas, 1 ike Delray and Boca, would be maintenance projects. Others would be initial restorations. The design and permitting requirements, and therefore timing issues are vastly different. It is possible that the dredge could be underutilized for long periods of time. To: David Harden Re: Mobile Dredge Page 2 * Current sea turtle rules only allow dredging in winter, meaning the dredge would be idle for approximately half the year. In summary, I would like to tell the Council, at the May meeting, that Delray Beach does not believe a locally owned dredge is feasible at this time. Please let me know if you agree. c: Diane Dominguez T:\advanced\dredge " , . . . \ TOWN OF PALM BEACH Office of Mayor and Town Council MAYOR PAUL R. IL YINSKY COUNCIL HERMINE L. WIENER, PRESIDENT LESLY S. SMITH. PRESIDENT PRO·TEM C. GERAlD GOLDSMITH December 16, 1994 MICHELE CLARKE ROYAL LESLIE A. SHAW Mr. Michael Grella, Chairman Palm Beach Countywide Beaches and Shores Council c/o Palm Beach County Department of Environmental Resources Management 3111 South Dixie Highway, Suite 146 West Palm Beach, Florida 33405 Re: Publicly Owned and Operated Mobile Dredge Dear Mr. ~~ ( As the Town's Regular Member of the Beaches and Shores Council, I am writing to request that the above subject matter be placed on the agenda for consideration at the Beaches and $hores Council meeting on January 9, 1995. ......... When we considered this matter at the Town Council meeting on December 13, 1994, the Town Council expressed significant -. interest in the possibility of purchasing and operating a mobile ~' dredge along the entire Town shoreline. In our discussions, we determined that it could be cost effective and beneficial to the coastal system throughout Palm Beach County for the Town to share this ~redge with other municipalities, inlet districts, and/or Palm Beach County. Our purpose in requesting Beaches and Shores Council consideration of this matter is to introduce the Town's idea and receive initial input from other jurisdictions regarding their level of interest in pursuing a joint project. If you have any questions or require any additional information prior to the January 9th Beaches and Shores Council meeting, please contact Peter Elwell (838-5410) or me (838-5414) . Sincerely, &f!~~kY' --- Mayor PRI:pbe cc: Town Council Robert J. Doney, Town Manager Palm Beach Countywide ßeaches and Shores Council Members Pn<::1 ()rnr',., Unv ')(rJO .. -~(.n "".11, ,""...".. 1)"...1 .. p..f... fL..."I. I~t _..:.' "An" { ff'-'. n-,,, r.. . . ., . . TOWN OF PALM BEACH Office of the Town Manager Via Fax and First Class Mail January 12, 1995 Dr. Alfred B. Devereaux, Chief Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, FL 32399-3000 Re: Permitting Requirements for Operation of a Mobile Dredge Dear Dr. Devereaux: The Mayor and Town Council have requested Town Staff to look into the feasibility of owning and operating a mobile dredge for the purpose of placing sand on badly eroded portions of the Town's coastline on an "as needed" basis. Due to the substantial anticipated cost of purchasing, maintaining, and operating an ocean going dredge, the Town is asking our ,neighbor jurisdictions whether or not they would be .. interested in being partners in this endeavor. Enclosed for your information is a copy of a letter dated December 16, 1994, from the Town's Mayor, Paul R. Ilyinsky, to the Chairman of the Palm Beach Countywide Beaches and Shores Council, Michael Grella. Please provide your written advice regarding the permitting requirements and the potential for State funding assistance for this project. By "this project," we mean ( 1 ) the purchase and licensing of a dredge, (2 ) the maintenance of a dredge and of a license for same, ( 3) the operation of a dredge to move sand from offshore to erosional "hot spots" on the beach, and ( 4 ) any other issues which you believe the Town (with or without our neighbors) needs to consider in determining the feasibility of the proposed mobile dredge project. Since this matter is scheduled to be considered at the Beaches and Shores Council meeting on February 13, 1995, and the Town Council meeting on February 14, 1995, your written response by February 3, 1995, if possible, will be greatly appreciated. POSI Office Box 2029 . 360 Soulh Counly Road' Palm Beach. Florida 33480 . (407) 838-5410 '. . . Re: Permitting Requirements for Operation of a Mobile Dredge January 12, 1995 Page 2 Thank you for your assistance in this matter. If you have any questions or require additional information, please contact the Town's Public Works Director, Mr. Albert Dusey, at 407-838-5440. Sincerely, ~~~ Town Manager RJD:pbe Enclosure cc: Mayor and Town Council Peter B. Elwell, Assistant Town Manager Albert P. Dusey, Director of Public Works Mr. Richard E. Walesky, Director, Palm Beach County Department of Environmental Resources Management Mr. Michael Grella, Chairman, Palm Beach Countywide Beaches and Shores Council - . · " " .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER flv{ SUBJECT: AGENDA ITEM # C¡.L . - MEETING OF APRIL 18. 1995 APPOINTME~T OF MEMBER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND ADOPTION OF APPOINTING RESOLUTION NO. 28-95 DATE: APRIL 14, 1995 In March of 1993, the City Commission adopted Resolution Nos. 17-93 and 29-93 appointing nine members to the Affordable Housing Advisory Committee. Five of the members were appointed to initial terms of two years, beginning on April 1, 1993, and ending on March 31, 1995. On March 21, 1995, the Commission appointed four of the members, with Mr. Randolph postponing the fifth appointment to a later date. The remaining vacancy is for a citizen who is actively engaged in the residential building industry (contractor position) . Applications have been received from the following: Tokunbo Abiose (incumbent) Lawrence Janssen The term is for two years, beginning April 1, 1995, and ending on March 31, 1997. Attendance records are attached. Pursuant to Commission direction, a check for code violations and liens has been conducted. Any outstanding liens have been corrected. The appointment will be made by Commissioner Randolph (Seat #4). The appointment is formalized by resolution. Therefore, staff recommends the appointment of a member (contractor position) to the Affordable Housing Advisory Committee. Once the appointment is made, formal adoption of Resolution No. 28-95 is requested. tnt.. I} b,os£- ~EA-,Ppo/I'll-E.d k.¡ /lJ,€. í?nndo/ph .5-0 ref:agmemo17 .' t ., " ~. , ~'. -- ~~-~- ,- ~- .._-,. ~. ..._. '~'-'-"""~'.-'^~ ,"-_.- - ._~.r. __ . m~_ '_'_", _ -A ......._._..__....__.._ ...._..__~,,_..~ --.,-.-" ._- T ._..-~'-. _ "~'__""H_ . RESOLUTION NO. 28-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING A MEMBER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, under specific authority established by State Statute, has established the State Housing Initiative Partnership (SHIP) Program, which requires the City to establish an Affordable Housing Advisory Committee; and WHEREAS, the Affordable Housing Advisory Committee was established pursuant to Ordinance No. 2-93, passed and adopted on second and final reading by the City Commission on February 23, 1993; and ! WHEREAS, the Affordable Housing Advisory Committee membership was established by Resolution No. 17-93 and Resolution No. 29-93, passed and adopted by the City Commission on March 10, 1993 and March 23, 1993, respectively; and WHEREAS, five (5 ) of the nine members were appointed to initial terms of two years, commencing on April 1, 1993, and ending on March 31, 1995; and WHEREAS, four of the five vacancies were filled through the adoption of Resolution No. 26-95 on March 21, 1995; and ! WHEREAS, the City Commission desires to appoint a member to the Affordable Housing Advisory Committee to fill the fifth vacancy created by the expiration of these terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following member of the Affordable Housing Advisory Committee is hereby appointed by the City Commission to a term commencing on April 1, 1995, and ending on March 31, 1997: ¡ I Tokunbo Abiose , a citizen who is actively engaged in the residential building industry Section 2. That this resolution shall become effective immediately upon passage. , .' ¡ '. . ">_.-.'.~---- . .'_. ~.- '..-.'- ,-. .-- .'" _.._. U~__~ PASSED AND ADOPTED in regular session on this the 18th day of April, 1995. 1?iZ-~¿. MA ~R ATTEST: O~~'il/!(/I'-I?f7 h0.i:7ý ity Cle - 2 - Res. No. 28-95 " .' MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ RE: AFFORDABLE HOUSING COMMITTEE APPOINTMENT/CODE ENFORCEMENT LIEN STATUS DATE: MARCH 30, 1995 This memo is concerning the outstanding Nuisance Abatement lien on property currently owned by Mr. Tokumbo Abiose, who wishes to be reappointed to the Affordable Housing Committee. The nuisance abatement lien was assessed for the abatement of overgrowth and the removal of trash and litter on a vacant lot located in the Southwest section of the City. Mr. Abiose, along with his wife, purchased the parcel in July, 1992, and was cited for the nuisances in November, 1992. The property was subsequently liened for nonpayment of the invoice. I met with Mr. Abiose last week to discuss this matter. According to his statements, he forgot the invoice, explaining that the abatement occurred shortly after his purchase. He is willing to pay the lien in full within the next 30 days. Further, there is an active code violation on the parcel in question. Tenants occupying the single family structure adjacent to the vacant lot have been illegally parking their oversized vehicles since October, 1994. This is being done without Mr. Abiose's permission and we are working with him and the landlord of this unit to resolve the problem. LB:DQ ·'~.i~ I "';1' (!fJl- Vi· [, ' cd.- ~ tit fIlA. ~ a!xxð- ~ aboise.lb(wp) ~ ()(,.ú1:I..SI. IIJ.. ~ ÝIt.o.5t úX. ~ r.st & 11/1<8 & F a.. ~ ~ -b ~~~.1lU.4nLf~ dlXlJ) ~ & ~ k,¿. tík1: 3/31 . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q. M· - MEETING OF APRIL 18. 1995 RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE DATE: APRIL 14, 1995 The terms for the following individuals on the Kida and Cops Committee are due to expire on April 22, 1995: Joe Dragon, representing the Parks and Recreation Department; Jeffrey Miller, representing the Police Benevolent Association bargaining unit; Edward Smith, representing the Delray Beach Police Department as designated by the Chief of Police. Mr. Dragon was originally appointed in April 1991 and has served two terms. Due to the unique composition of the Kids and Cops Committee, the Commission adopted Ordinance No. 20-94 on May 3 , 1994, to provide for additional two year terms when authorized by the Commission. Hence, Mr. Dragon is eligible for reappointment if approved by the City Commission. Officer Miller was originally appointed to fill an unexpired term in May, 1992, and has since served one full term. Mr. Smith was originally appointed to fill an unexpired term in September, 1994. Both are eligible for reappointment. The term is for two years ending April 22, 1997. Attendance records are attached. Recommend ratification of the appointments of Joe Dragon, Officer Jeff Miller and Edward Smith to the Kids and Cops Committee for two year terms ending April 22, 1997. ~ ref:agmemo " . . - KIDS AND COPS 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Nancy Gross P P P Tom Bruckner Ex P P Pansy Coleman A A P Mary Rollins Pilgrim Ex P A Rev. Bernard Pecaro P A A Charles Ridley A A A Perry DonFrancisco P Ex P Joe Dragon P Ex P Jeffrey Miller P Ex P Edward Smith A P P Yvonne Odom P P P Donald Samis P A A Kathy Hillier A A A - . . - KIDS AND COPS 1994 Jan leb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Agartha Gragg P P A P P Ex re ignea Larry Kramer Ret red Barbara Brown A A A A A Ex res gned Yvonne Odom A P P A P Ex P P P Curt Lavarello A A A A Not o-eap¡: þint~d Ivan Retzignac G "adu~ ted Clyde Harris A A A A (off comm ttee) Rev. L.C. Johnson A A A A (off comm ttee) Dan Burns A A A res i¡ ned) Perry DonFrancisco P P A P P P' P P P Joe Dragon P A P A A Ex Ex P P Jeffrey Miller P A P A A ... P P P P Q Ross Licata P P P P P 1 . re igne ~ Pansy Coleman (app 194) P A ~ P ( P Ex P tI) ..... Ex Ch#1rles Ridley P P P A P ~ Ex Ex Ex ~ , c:: - P P P P Mary Rollins Pilgrim (app 6/91. ) tII CIO Ed Smith (appnt 9/94 .::; ~ Ex EY. P Q Rev. Bernard Pecaro 9/9 ) :f Ex P Ex appn z Donald Samis (appnt ll/Ç 4) P Kathy Hillier (appn . llJ 94) Ex Nancy Gross (appnt 10/ç 14) P P P Thomas Bruckner (apI nt. 0/94) P P Ex Sept.- Mrs. Brown sent Tom Bruckner in her place . . . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 18. 1995 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: MOVE ITEM 8·9·1. PROM THE CONSENT AGENDA TO ITEM 9.N. ON THE REGULAR AGENDA. MODIFIED TO READ: Consider bid award to Regal Contractors, Inc. , third low bidder, in the amount of $305,975.46 for installation of irrigation and landscaping in conjunction with the West Atlantic Avenue Beautification project. Funding of $186,118 is available from 228-4141-572-61.31, $127,350 from 334-4141- 572-61.31, and $6,000 from 115-0000-248-68.00. The maintenance portion of $18,000 is to be funded from 119-4144- 572-46.40 in the FY 1996 budget. ADD ITEM 9.0. TO THE REGULAR AGENDA: Consider a Sidewalk Construction Agreement between the City and affected property owners, to be used in conjunction with the construction of sidewalks as part of the East Atlantic Avenue Beautification project. ADD ITEM 9.P. TO THE REGULAR AGENDA: Consider approval for Donna Summer Concert on Sunday, May 14, 1995, at the Tennis Stadium. . .' . . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'J't ( SUBJECT: AGENDA ITEM i 9/'1 - MEETING OF APRIL 18 . 1995 BID AWARD TO REGAL CONTRACTORS. INC./WEST ATLANTIC AVENUE BEAUTIFICATION PROJECT DATE: APRIL 18, 1995 This item has been moved from the consent agenda to the regular agenda for the Commission to consider a bid award to Regal Contractors, Inc. , third low bidder, in the amount of $305,975.46 for installation of the irrigation and landscaping in conjunction with the West Atlantic Avenue Beautification project. The original recommendation was to award to the apparent low bidder, Siga Incorporated, in the amount of $292,367.00. However, as explained in staffls memorandum, neither Siga Incorporated nor the second low bidder, Reed Landscaping, Inc. , are properly qualified. In view of this, staff recommends the bid be awarded to Regal Contractors, Inc. as the lowest qualified bidder. Funding for the project is available in the amount of $186,118 from Decade of Excellence Phase II - West Atlantic Beautification (Account No. 228-4141-572-61.31; $127,350 from General Construction Fund - West Atlantic Beautification (Account No. 334-4141-572- 61.31); and $6,000 from Special Projects - Reserve for Beautification (Account No. 115-0000-248-68.00). The maintenance portion of $18,000 is to be funded from Beautification Trust - Maintenance (Account No. 119-4144-572-46.40) in the FY 1996 budget. GAo ref:agmem023 .' LÞD' . , 0'ó,tO q. H . . Agenda Item NO.1 PQ/ ¡ . , '''GENnA tleQUEST Date: 4/13/95 Request to be placed on:' X . Regular Agenda . Spec 1a 1 Agenda Workshop Agenda When: 4/18/95 . Uescription of agenda item (who, what, where, how much): West Atlantic Avenue Beautification Bid Award #95-32 . ORDINANCE/ RESOLUTION REQUIRED: 'YESG Draft Attached: YES/NO Recommendation: . , . Department Head Siqnature I ~ rð-~-=:------:" ~ Determination of Consistency with Comprehensive Plan. City Attorney Reviewl Recommendation (if applicable): , , Bud<Jet Director Review (required on all ite_s involving expenditure of funds): - Fundinq availables ~/ NO Fundinq alternatives (if applicable) Account No. & Oese Iption: Excellence W Atlantic A e DO Account Balance: City Manager Review: Approved for agenda: 8/ NO ftJ1 Hold Until: I A<Jenda Coordinator Review: Received: . Action: Approved/Disapproved .' · L>\ tï" ) MEMORANDUM TO: DAVID HARDEN, CITY MANAGER COMMUNITY IMPROVEMENT (ß THROUGH: LULA BUTLER, DIRECTOR, FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~ç;) RE: WEST ATLANTIC AVENUE BEAUTIFICATION - AWARD OF BID NO. 95-32 AMENDED DOCUMENTATION DATE: APRIL 18, 1995 ITEM BEFORE THE COMMISSION - - The item before the Commission is the consideration of the award of bid for West Atlantic Avenue beautification to Regal Contractors, Inc., in the amount of $305,975.46 BACKGROUND In a previous memorandum the recommendation for award of bid was to Siga Incorporated in the amount of $297,509.04. It has been determined that Siga Incorporated does not hold either a valid Certificate of Competency as an Irrigation Contractor or a General Contractor within Palm Beach County, as required by the Contract, nor do they have Certification as a General Contractor through the State. To reference the Contract, on page IB-5 'CONTRACTORS BIDDING ON THIS PROJECT MUST HOLD A STATE LICENSE OR A CURRENT CERTIFICATE OF COMPETENCY ISSUED BY PALM BEACH COUNTY EXAMINING BOARD HAVING JURISDICTION OVER LICENSING OF CONTRACTORS IN THE TYPE OF WORK INVOLVED IN THIS CONTRACT.' Siga Incorporated is Registered as a General Contractor by the State, but being Registered rather than Certified requires that the Contractor must also have a Certificate of Competency from the Counties in which they will be working. Siga Incorporated has a Certificate of Competency in Broward County but not in Palm Beach County. Although Broward County and Palm Beach County have reciprocity, the Contractor must make a request to the Palm Beach County Licensing Board in writing and the Qualifier of the company must personally appear before the Board, this generally takes two to three weeks for approval. Siga's Qualifier, Wallace Brady, left for Australia on April 9, 1995 and will not return for three weeks. The next apparent low bidder Reed Landscaping, Inc. , in the amount of $305,229.00 is not properly qualified either. The copy of the State Certification as a General Contractor included with the bid indicates that Bruce Reeb is qualifying Centrex Rooney Construction Company, Incorporated. Bruce Reeb included a copy of an 'Application for Change of Status' which was sent to the State on March 22, 1995 requesting that they be permitted to no longer serve as qualifier for Centrex Rooney, but to act as qualifier for Reed Landscaping, Inc. At the time of bid and as late as April 17, 1995, 1 , ., the Construction Industry Licensing Board in Jacksonville processing this paperwork had not acted on the request for Change of Status. The third apparent low bidder, Regal Contractors, Inc. , is certified with the State as a General Contractor and is registered with the City of Delray Beach. Related work experience has been with the construction and landscaping of Hughes Park, valued at $360,000 and Meadows Park valued at $160,000 for the City of Boca Raton. Regal is currently working on a small park, Pine Breeze Park for Boca Raton as well. Regal Contractors, Inc. has also done work with the City of West Palm Beach, notably Village Boulevard Streetscape in the amount of $30,000 and St Mary's Pumping Station which involved irrigation and landscaping in the amount of $100,000. This is the second time this project has been let for bid. The previous bids were opened on February 21, 1995. All of the four bidders were significantly over the estimated project cost of $280,000. for the installation of irrigation and landscaping. The City Commission formally rejected those bids on March 7, 1995. The project was rebid on March 10, 1995 with the bid opening on March 30, 1995. The City received seven bids ranging from a low bid of $297,509.04 to $343,609.17. The City's Consultant, Cotleur Hearing, commented the range of bids was much tighter, which is an indication of both competitive bidding and the tightness of the specifications. While the bids were significantly reduced in total price, none of the bids were within the total project budget. Please keep in mind that this contract includes a one year maintenance provision. With the recommendation of award to Regal Contractors, Inc. , the one year maintenance represents $18,000 which will be funded out of the Parks Department's budget through the General Revenue Fund or Beautification Trust Fund. Funding for this project is as follows: Decade of Excellence $186,117.93 Beautiful Palm Beaches & FDOT Grants 92,000.00 Parks Dept. General Revenue for one years maintenance 18,000.00 ----------- $296,117.93 Project costs are identified as follows: Lowest Qualified Bidder, Regal Contractors, Inc. $305,975.46 Water Meters (9 - 1" meters @ $1,915.96) + 17,243.64 ------------ Total Project Costs $323,219.10 Total Available Funds -296,117.93 ------------ Additional Funding Needed $ 27,101.17 2 " . As the Consultant explained to me, the difference in the estimated project costs and the bids received remains in the irrigation system. While lower cost irrigation alternatives exist, the system is designed to be compatible with the citywide master plan for irrigation and water conservation. Had we been able to accept the lowest bid, the additional funding needed would have been approximately $14,000.00. RECOMMENDATION After investigation of the qualifications of the bidders and review with the City Attorney's Office and Chief Building Official, Staff is recommending Bid No. 95-32 be awarded to Regal Contractors, Inc. , in the amount of $305,975.46 for the installation of irrigation and landscaping on West Atlantic Avenue. Additional funding is to come from reserves from the Gift Tree Program and mid-year budget adjustments from the General Fund. 3 . . t t<Ui'' ; ',~U I Lt:Ut<¡:¡Ht:Ht< 1 NI.,¡:¡¡:¡ ,-'HUNt: r'IU. ; tie:! { {¿¡ { 1:' { { '-Ipr. 1 ¿ 1 ':1':1::> 1l1; ¿ {HI" r'b . ..~._-- . ¡¡¡ii ¡:Eg~¡¡ ~IE~¡ ~~ ~IÎii!~! ¡~! =¡¡ ~¡tG¡~~ ~~ ~m f.--: - ~ !:I~~~I:: ij!ttnw~u ~ un:! !t I!I=¡;~:;:~~ - .. - ....... 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Jacksonville, Florida :\221(, r<'iepho!l( ')01/2%-')212 . Toll Free ~IIOr·Il)- -'6~,' . !'ax ()O·tI2')6~211:; . Modem ')(HI2l)(,-')h,jX · City of Defray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date April 18 , 1995 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: T. 1 Mr1'=¡ 'fI71 rhri'J'=> , R71r1'Jt=>t- llr1rr:¡lnjc;'(-rat-nr (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 228-4141-572.61~31 W. Atlantic Beautificaticn 582 228-6111-581.99-01 project Reserve 5B2 334-4141-572.61-31 W. Atlantic Beautificaticn 92,000 334-0000-334.35-00 FDOT Grant 92,000 334-4141-572.61-31 W. Atlantic Beautificati( n 35,350 ]]4-4144-572.63-31 East Lake Ida Beautifica ion35,]50 (10) TOTAL 127,932 777 Q 77 .....", , -"--"- JUSTIFICATION: Increase balances and establish budget for FDOT grant for the West Atlantic Avenue Beautification project. Grant approved 3/7/95 Item B.D. Bid Award No. 95~32 Commission Agenda4j18j95. Department Head Asst City Manager Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FilE PINK-DEPARTMENT " . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 18. 1995 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: MOVE ITEM 8·9·1. PROM THE CONSENT AGENDA TO ITEM 9.N. ON THE REGULAR AGENDA. MODIFIED TO READ: Consider bid award to Regal Contractors, Inc. , third low bidder, in the amount of $305,975.46 for installation of irrigation and landscaping in conjunction with the West Atlantic Avenue Beautification project. Funding of $186,118 is available from 228-4141-572-61.31, $127,350 from 334-4141- 572-61.31, and $6,000 from 115-0000-248-68.00. The maintenance portion of $18,000 is to be funded from 119-4144- 572-46.40 in the FY 1996 budget. ADD ITEM 9.0. TO THE REGULAR AGENDA: Consider a Sidewalk Construction Agreement between the City and affected property owners, to be used in conjunction with the construction of sidewalks as part of the East Atlantic Avenue Beautification project. ADD ITEM 9.P. TO THE REGULAR AGENDA: Consider approval for Donna Summer Concert on Sunday, May 14, 1995, at the Tennis Stadium. . M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER; 'Jt /( SUBJECT: AGENDA ITEM i Cj.(). - MEETING OF APRIL 18. 1995 SIDEWALK CONSTRUCTION AGREEMENT/EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT DATE: APRIL 18, 1995 This is before the Commission to consider approval of a Sidewalk Construction Agreement between the City and affected property owners in conjunction with the East Atlantic Avenue Beautification project. The agreement, which is in generic form and will be executed on an individual basis, will permit the contractor to legally enter onto private property to construct the proposed sidewalk up to the building fronts, which are outside the Atlantic Avenue right-of-way. The agreement has been reviewed by the City Attorney's Office and approved as to form and legal sufficiency. Recommend approval of the Sidewalk Construction Agreement for the East Atlantic Avenue Beautification project. ref:agmem024 . Agenda Item No.: AGENDA REOUEST Date: April 18. 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 18. 1995 Description of item (who, what, where, how much) : Sidewalk Construction Aareement. East Atlantic Avenue Beautification Proiect. between the Citv of Delrav Beach and effected propertv owners ad;acent to Atlantic Avenue. This aareement will provide the contractor for the proiect leaal riaht to enter onto private propertv to construct the proposed sidewalk UP to the buildina fronts. which are outside the Atlantic Avenue riaht of wave ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~ Recommendation: Staff Aareement in eneric form for s 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 ~V Account Balance City Manager Review: Approved for agenda: ð$/NO {JA ! Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: ~ Action: Approved/Disapproved AG368418.MRM . I, DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P.~ City Engineer DATE: April 18, 1995 SUBJECT: SIDEWALK CONSTRUCTION AGREEMENT EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT NO. 93-68 Attached is an agenda request and blank agreement for sidewalk construction on private property as part of the subject project. Approval of the agreement in generic form will allow the mayor to execute the individual agreements as they are received. DB: rom File: Agenda Request Project No. 93-68 DB368418.MRM . j, SIDEWALK CONSTRUCTION AGREEMENT EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT PARCEL NO. PROPERTY OWNER: THIS AGREEMENT entered into this day of , 1995, by and - between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and , (hereinafter referred to as "OWNER"), PROVIDES AS FOLLOWS: WHEREAS, the City desires to complete pavement, drainage, and sidewalk construction and/or modifications associated with the above-named project, which is located at the property described below; and, WHEREAS, the City has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said pavement, sidewalk, and drainage construction it is necessary for the City to enter upon and perform various construction tasks on the following described property: and; WHEREAS, as part of this project, the City will return the disturbed area to like or better condition than prior to construction. 1 . · NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to conduct the aforesaid restoration, Owner hereby grants unto the City, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of Owner for the purpose of constructing the project. 1- Owner agrees to allow the City and their representatives and assigns to construct a sidewalk on the following property: in accordance with the construction plans attached hereto as Exhibit "A" and on file with the City Engineer. 2. The subject sidewalk may be constructed to the threshold of the building(s) situated on the above described property. The details and methods of construction, including, but not limited to, surface treatment and grade of the subject sidewalk shall be at the discretion of the City. 3. The City shall be responsible for its operations upon the subject property in accordance with the contract documents, bonds and insurance provided by its subcontractors. 4. Owner further agrees to execute a permanent easement, based on as-built conditions, upon completion of construction. 5. Owner will continue to be responsible for their own negligence upon the above described property. 6. Owner certifies that the person(s) executing this agreement are the fee simple title holders to the above described property or are officers with sufficient authority to execute such agreements on behalf of their corporation or partnerships pursuant to the document attached hereto. (Please attach power of attorney or corporate resolution). 2 · IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 1995. WITNESSES: OWNER{S) : By: Print Name: Print Name: By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1995 by (name of officer or agent) , of (Name of corporation) , a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification) as identification and (did/did not) take an oath. Signature of Notary Public - State of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Thomas E. Lynch, Mayor Approved as to Form: City Attorney 3 CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 18. 1995 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED AS FOLLOWS: MOVE ITEM 8·9·1. PROM THE CONSENT AGENDA TO ITEM 9.N. ON THE REGULAR AGENDA. MODIFIED TO READ: Consider bid award to Regal Contractors, Inc. , third low bidder, in the amount of $305,975.46 for installation of irrigation and landscaping in conjunction with the West Atlantic Avenue Beautification project. Funding of $186,118 is available from 228-4141-572-61.31, $127,350 from 334-4141- 572-61.31, and $6,000 from 115-0000-248-68.00. The maintenance portion of $18,000 is to be funded from 119-4144- 572-46.40 in the FY 1996 budget. ADD ITEM 9.0. TO THE REGULAR AGENDA: Consider a Sidewalk Construction Agreement between the City and affected property owners, to be used in conjunction with the construction of sidewalks as part of the East Atlantic Avenue Beautification project. ADD ITEM 9.P. TO THE REGULAR AGENDA: Consider approval for Donna Summer Concert on Sunday, May 14, 1995, at the Tennis Stadium. ., . - . (-k < - '~~~t F~ (J~ J [IT' DF DELRR' BER[H APR 1 5 1995 Cí ry DELRAY BEACH f l 0 k lOA tdtd 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 fiifi! 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Agenda Request for Donna Summer Concert for May 14, 1995 DATE: April 18, 1995 Per Article 7 of the agreement between the City of Delray Beach and Palm Acts, Inc. , approval shall be granted from the City Commission for any proposed concert in the Stadium. As you are aware, Palm Acts has scheduled Donna Summer to perform in the Stadium May 14, 1995 and is requesting City Commission approval to host this concert. Attached please find an agenda request for City Commissionls May 2, 1995 meeting. Parks and Recreation JW:cp Ref:dhsummer @ Fnn!€ld on Recycled .Paper THE EFFORT ALWAYS MATTERS 9.P '. .' · ~ Agenda Item No.: AGENDA REQUEST 'Date: April 18, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Mav 2. 1995 Description of agenda item (who, what, where, how much) : Request approval for Donna Summer concert in Tennis Stadium on May 14, 1995 per agreement with Palm Acts, Inc. ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: ''y-c ~). ~ Determination of Consistency wit 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: §7/ NO t :;""1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .' . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i 10·A . - MEETING OF APRIL 18. 1995 SECOND READING FOR ORDINANCE NO. 20-95/HOME OCCUPATIONS AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING DISTRICTS DATE: APRIL 12, 1995 This is second reading for Ordinance No. 20-95 which amends Section 4.4.3(C)(2) of the Land Development Regulations to allow home occupations as a permitted accessory use within all of the R-1 (Single Family) zoning districts. As currently written, the regulations for single family zoning categories allow home occupations as an accessory use only within the R-1-A, R-l-AA and R-1-AAB districts. They are not permitted in R-1-AB, R-l-AAA or R-1-AAAB. A number of requests have been received to establish home occupations in these zones. Thus far, they have been denied given the existing code restriction. It is not unreasonable to expect that we will be receiving more requests given the trend toward more work-at-home occupations. Staff has researched this matter and there does not appear to be a valid basis for the restriction. The Planning and Zoning Board formally reviewed this ordinance on March 20, 1995, and voted unanimously to recommend that it be approved. Inasmuch as the proposed amendment represents a change to the permitted use category of single family zoning districts exceeding five percent of the Cityls land area, Florida Statutes Section 166.041(3)(c) requires two advertised public hearings. The first was held at first reading on April 4th, at which time the Commission passed the ordinance by unanimous vote. The second public hearing has been scheduled for Tuesday, April 18th. Recommend approval of Ordinance No. 20-95 on second and final reading. f~ ¿¡tdl [ /J2at¡õJ Ýc¡ odJ ref:agmemo10 ~) . . ~ ~.~ "^ ~-~. -, -_.. -,. ..- -,' - -, - ... -.,.----,- ,",.- . -. - ~ "~'._..' ,-.,.'-- ...~~~.. .". ~ ,- .~ - ._. ---- ----~... --- .~~ -, -_. . ..~ ..' - -- -~-- ---" ,.'-- - . -'--_..-.__..- ._-_._._.~--.- , - .-,' ,.--" .., .~. ._. ._,---._-". . '-"--"~"---'-- ,.'..-_., .'< .-_. .,,-,.~'_'_--"_~_"~""--_""""_' ..--..~.._.~.._-- - .-- ,-- .. ~- -. ..,._....-.._- ORDINANCE NO. 20-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING SECTION 4.4.3, I II SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS ", SUBSECTION 4.4.3(C), II ACCESSORY USES AND STRUCTURES PERMITTED II , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBPARAGRAPH 4.4.3(C)(2) TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING DISTRICTS¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I I Zoning Board reviewed the subject matter at its meeting of March 20, I 1995, and has forwarded the change with a recommendation of approval ! by unanimous vote¡ and I WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the I Planning and Zoning Board, sitting as the Local Planning Agency, has I determined that the change is consistent with, and furthers the I objectives and policies of, the Comprehensive Plan. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I ! CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.3, "Single Family Residential (R-1) Districtsll, Subsection 4.4.3(C), "Accessory Uses and Structures ! permi tted II , subparagraph 4.4.3(C)(2), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ¡ I (2 ) Home occupations ~~t/Ø¢~Ý/W~t~~¢/t~¢/~f¡f~¡ , I ~f J.fU¡ / /;í¢çi / /~f J.fU~ / /'Ø~¢tt~¢t¢ subject to the ! restrictions set forth in Section 4.3.3(K). I Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. . . _"~-"'_'_-,.." ,~ .,. '.'. _... ,. . .. ._, . .._--_.'.~-... ._.~ " . -" .- .'. -- ---- '.__L. ~ -- ,-~,. .- , .. .~ __._ H _ . ..,. -~. ," . __.h~ .' .. - ~ ". -. ...~ ! , Section 4 . That this ordinance shall become effective I i immediately upon paßsage on second and final reading. ì í , PASSED AND ADOPTED in regular session on second and final reading on this the 18th day of April , 1995. ~~ I i ATTEST: (h "um'il.l!.Æ'. Jti1~ 110 <"Iv I I ity Cle I ¡ First Reading April 4, 1995 I. Second Reading April 18, 1995 i i I ! I ! I i I ì j I i I I I , , - 2 - Ord. No. 20-95 , . I , ~' [<!v\ ) C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: Y A. COSTELLO OR PLANNER SUBJECT: MEETING OF APRIL 4, 1995 CONSIDERATION OF AN LDR TEXT AMENDMENT TO SECTION 4.4.3(C)(2) TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY (R-l) ZONING DISTRICTS. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinance No. 20-95 amending Section 4.4.3(C)(2) of the LDRs to allow Home Occupations as an accessory use in all Single Family Residential (R-1) zoning districts. BACKGROUND: The proposed amendment relates to the provision within the LDRs which allows home occupations as an accessory use within specific single family districts. Pursuant to LDR Section 4.4.3(C)(2), wi thin the Single Family Residential (R-1) zoning districts, home occupations are allowed but only within the R-1-A, R-1-AA, and R-1-AAB districts. Thus, home occupations are not allowed within the remaining single family R-1-AB, R-1-AAA, and R-1-AAAB zoning districts. Home occupations have been a permitted accessory use in the City since 1959. They are subject to a number of restrictions as set forth in LDR Section 4.3.3(K), as well as regulations regarding the parking of commercial vehicles (LDR Section 4.6.13). The ordinance has functioned well, and there have been few incidents of non-compliance. There have been a number of requests to establish home occupations in the remaining R-1 zoning districts, however, based upon the current code requirement, those requests have been denied. City records have been researched and there does not appear to be a valid basis for the restriction. . I City Commission Documentation Meeting of April 4, 1995 LDR Text Amendment Re: Home Occupations (Ordinance No. 20-95) Page 2 PROPOSED LDR TEXT AMENDMENT: The proposed amendment will allow home occupations to be established as an accessory use within all single family residential (R-1) zone districts. As adequate restrictions are in place which regulate home occupations, there are no adverse impacts anticipated with expanding home occupations as an accessory use to all single family residential districts. Given the trend toward more work-at-home occupations, it makes sense to expand those opportunities for people who are able to work from their homes. Additional background and analysis of the amendment is described in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of March 20, 1995. The Board voted 7-0 to recommend approval of the amendment. RECOMMENDED ACTION: By motion, approve on first reading of Ordinance No. 20-95 amending LDR Section 4.4.3(C)(2) to allow Home Occupations as an accessory use within the Single Family Residential (R-1) zoning districts. Attachments: * P&Z Staff Report and Documentation of March 20, 1995 * Proposed Ordinance No. 20-95 . . , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: MARCH 20, 1995 AGENDA ITEM: V.C - AMENDMENT TO LDR SECTION 4.4.3(C) [SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS], TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding an LDR text amendment to Section 4.4.3 (C) , Sinqle Family Residential (R-1) Zoninq District, Accessory Uses and Structures Permitted, which would allow home occupations as an accessory use within all single family residential districts. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations not be made until . . may a recommendation is obtained from the Planning and Zoning Board. BACKGROUND: The proposed amendment relates to the provision within the LDRs which allows home occupations as an accessory use within specific single family districts. Pursuant to LDR Section 4.4.3(C)(2), within the Single F ami 1 y Residential (R-1) zoning districts, home occupations are allowed but only within the R-1-A, R-1-AA, and R-1-AAB districts. Thus, home occupations are not allowed within the remaining single family R-1-AB, R-1-AAA, and R-1-AAAB zoning districts. In addition, home occupations are allowed as an accessory use in the following zone districts: * A (Agricultural) * RR (Rural Residential) * RL (Low Density Residential) * RM (Medium Density Residential) * PRD (Planned Residential District) * RO (Residential Office District) * OSSHAD (Old School Square Historic Arts District) There have been a number of requests to establish home occupations in the remaining R-1 zoning districts, however, based upon the current code requirement, those requests have been denied. City records have been researched and there does not appear to be a valid basis for the restriction. v.e. ., . · P & Z Board Memorandum Staff Report LDR Text Amendment - Home Occupations in all R-1 zone districts Page 2 ANALYSIS: The proposed amendment will allow home occupations within all single family residential (R-1) zone districts. It is noted that home occupations are limited to the restrictions set forth in LDR Section 4.3.3(K). These restrictions mostly relate to maximum floor area of the use, equipment storage, traffic, signage, and appearance (copy attached) . Further, within the residential districts, parking of any commercial vehicle either associated with a home occupation, or not, is governed by Section 4.6.13 (Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles) (copy attached) . As the above restrictions are in place which regulate home occupations, there are no adverse impacts anticipated with expanding home occupations as an accessory use to all single family residential districts. RECOMMENDED ACTION: By motion, recommend to the City Commission that LDR Section 4.4.3(C)(2) be amended to state the following: * Home occupations subject to the restrictions set forth in Section 4.3.3(K). Attachments: * Proposed Ordinance * Home Occupations Ordinance [Section 4.3.3(K)] * Regulations Regarding Parking and Storage of Commercial Vehicles [Section 4.6.13] . " , Section 4.4.3 Single Family Residential (R-l) District: (C) Accessory Uses and Structures Permitted: The following uses are allowed when part of, or accessory to, the principal use: ( 1) Uses ,and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2 ) Home occupations kSkit ønlý witHin tHé RflfX¡ RflfU¡ áriø RflfUB 0isttittsl subiect to the restrictions set forth in Section 4.3.3(K). (3) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T) (Child care, up to five children). (4) Home Tutorial Services subject to the restrictions ~~t forth in Section 4.3.3(KK). (5 ) Recreational facilities attendant to a subdivision which is operated under a bona fide homeowners association such, as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. " . · Section 4.3.3 (K) Home Occupations: A home occupation is one conducted in a dwelling unit under the following restrictions: (a) No person other than members of the family residing on the premises shall be engaged in such occupation. (þ) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. (d) In the single-family zoning districts, no sign or display shall be visible other than an unlighted nameplate not exceeding one square foot in area, which would indicate from the exterior that the building is being partially used for any purpose other than a dwelling. In the multiple family zoning districts, no sign of any type shall be allowed. (e) No home occupation shall be conducted in any accessory building. (f) No home occupation shall occupy more than 20% of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. (g) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front setback. (h) No equipment or process shall be used in such home occupation which creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. '. . . A . (i) The following shall not be considered home occupations: antique or gift shops, musical instruments or dance instructor, barbershops, beauty shops, food processing, fortune-telling or similar activity, massage parlors, medical or dental laboratories, outdoor repair, photographic studio, retail sales, studio for group instruction, swimming instructor, and tearooms. The giving of group i'nstruction of any type shall not be deemed a home occupation. (j) The giving of individual instruction to one person at a time such as an art or piano teacher, shall be deemed a home occupation, provided however, that the provisions of division (i) above shall apply, as to prohibiting individual uses. ( k) Fabrication of articles such as are commonly classified under the terms of arts and handicrafts may be deemed a home occupatiqn, subject to the other terms of this division, and providing no retail sales are made at the home. (1) A home' occupation shall be subject to all applicable city occupational licenses and other business taxes. . · I Section 4.6.13 Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles: (A) Prohibitions and Restrictions in Residential Districts: (1) It shall be unlawful for any agent, operator, owner, or person in charge of a~y bus, pole trailer, semi-trailer, trailer, trailer coach, truck, truck trailer, or industrial equipment, to park, store, or keep such motor vehicle on any public street, avenue, alley, or other thoroughfare, or any right-of-way within any residential zoning district in the city, for a period exceeding one hour in any 24-hour period. Each such period shall commence at the time of first stopping or parking, unless a permit is first obtained from the Police Department. (2) Unless otherwise provided for, it shall be unlawful for the owner, agent, or operator of the motor vehicles and industrial equipment set forth herein, or the owner of property in any residential zoning district in the city, to park on, or cause to be parked on, or allow to be parked on any residential property in the city, or in the streets, alleys, or parkways abutting the property, any bus, pole trailer, semi-trailer, trailer, trailer coach, truck, truck trailer, or industrial equipment, for a period exceeding one hour in any 24-hour period. Each such period shall commence at the time of first stopping or parking; unless a permit is first obtained from the Police Department, or as otherwise provided for in new references. (3) The restrictions of divisions (1) and (2) above shall not apply to the temporary parking of such vehicles on private property in residential zoning districts, whereon construction is underway. A current and valid building permit issued by the city must be properly displayed on the premises. (4) The restrictions of divisions (1) and (2) above of one hour in residential zoning districts shall not apply to routine deliveries by tradesmen, or the use of trucks in making service calls, providing such time in excess of one hour is actually in the course of business deliveries or servicing. (5) The restrictions of divisions (1) and (2) above shall not apply to vehicles which become disabled, and as a resul t of such emergency are required to be parked wi thin a residential zoning district longer than one hour. Any disabled vehicle, however, shall be removed from the residential zoning district within 24 hours, by a wrecker if necessary, regardless of the nature of the emergency. '. P . " . (B) Permissible Parking: ( 1) Trucks: Restrictions on truck parking shall be applicable in all residential zoning districts and shall permit only panel, pickup, van, and similar type trucks, not over 3/4 ton rated capacity. In all R-1A zoning districts, the restrictions shall apply to trucks of one and one-half (1-1/2) ton, or greater,· capacity. In all residential zoning districts, no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must be used by a resident of the premises. For purposes of this section, a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. (2 ) One boat, one boat trailer, and one recreational vehicle may be parked in a garage or carport which is effectively screened on three sides, provided no portion of the boat, boat - trailer, or recreational vehicle extends beyond the roof line. (3) One boat, one boat trailer, and one recreational vehicle may be parked in the side or rear yard provided the pl.ot is occupied by a permitted structure. Such boat, boat trailer, or recreational vehicle shall be effectively screened against direct view from abutting properties in the following manner: by a masonry wall, ornamental fence, or dense hedge, six feet high or equal to the height of the vehicle if the vehicle is less than six feet high. If a hedge is used as the method of screening, the hedge should be three feet at the time of planting and should be of a variety which can reasonably be expected to reach the required height within two years. This regulation is not to be construed as requiring screening from direct view from the street in front of the plot. ( 4 ) Such boat, boat trailer, or recreational vehicle must be owned and used by a resident of the premises. (5 ) No boat or recreational vehicle which is parked in a residential district shall be occupied or used for living, sleeping, or housekeeping purposes, nor shall it be connected to any utility service. (6) A boat, boat trailer, or recreational vehicle may be parked only if it is currently registered as required by state or federal law, and if the transportation of the vehicle is in compliance with F.S. Chapter 317. (7 ) One boat, one boat trailer, or one recreational vehicle may be parked in the front driveway for a 24-hour period for the purpose of loading or unloading. ( 8 ) No boat, boat trailer, or recreational vehicle shall be parked in the area between the street and the structure. r