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05-16-95 Regular . . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING MAY 16, 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 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 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations) . The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. r - APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. s. Approval of Minutes: None 6. Proclamations: A. Recognizing Mr. John Patrick on the occasion of his 90th birthday - May 17, 1995 B. Day of the African Child - June 16, 1995 7. Presentations: A. Employee Suggestion Awards: * Paul Dorling * Sylvia Foster * Rodger Ribeiro 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions taken by the SCRWTD Board on April 20, 1995. B. ENGINEERING SERVICES CONTRACT AND SERVICE AUTHORIZATION NO. 1 WITH CH2M HILL: Approve an agreement for general civil/ sanitary/aquifer storage and recovery (ASR) consulting services with CH2M Hill, and Service Authori?ation No. 1 in the amount of $277,021.00 for design, permitting, construction administra- tion and resident project representative services for instal- lation of an Aquifer Storage and Recovery well at the North Reservoir/City Attorney site; with funding from 440-5179- 536-63.54. C. ENGINEERING SERVICES CONTRACT/SHEREMETA ASSOCIATES, INC. : Approve an agreement for general civil and sanitary consulting engineering services with Sheremeta Associates, Inc. -2- r . D. CHANGE ORDER NO. 2 AND FINAL PAYMENT/HARDRIVES OF DELRAY, INC.: Approve deduct Change Order No.2 in the amount of $5,910.64, and final payment in the amount of $13,134.86 to Hardrives of Delray, Inc. for completion of the North Tank Site/City Attorney Parking project, with funding from 441-5161-536-63.91. E. CHANGE ORDER NO. 3 AND FINAL PAYMENT/FLORIDA DESIGN CONTRACTORS INC.: Approve Change Order No.3 in the amount of $1,110.00 and final payment in the amount of $47,336.50 to Florida Design Contractors, Inc. for completion of the Golf Course Production Wells #35 and #36, with funding from 440-5179-536-63.52. F. CHANGE ORDER NO. 2 AND FINAL PAYMENT / INTERCOUNTY ENGINEERING , INC. : Approve deduct Change Order No. 2 in the amount of $4,782.24 and final payment in the amount of $7,653.50 to Intercounty Engineering, Inc. for their work on the Golf Course On-Site Utilities project, with funding from 442-5178-536-61.83 G. FINAL PAYMENT/BEST ELECTRICAL EXPERTS, INC.: Approve final payment in the amount of $26,900.00 to Best Electrical Experts, Inc. for their work on the Pompey Park Basketball Court Lighting project, with funding from 334-4172-572-63.01. H. AMENDMENT TO LEASE WITH OLD SCHOOL SOUARE: Approve an amendment to the lease with Old School Square to provide for an extension of the lease term from 2009 to the year 2016 so that Old School Square, Inc. will qualify for a grant. I. AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPING/EAST ATLANTIC AVENUE: Approve an agreement between the City and F.D.O.T. for maintenance of the proposed landscaping on East Atlantic Avenue. J. AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF STREET LIGHTING/EAST ATLANTIC AVENUE: Approve an agreement between the City and F.D.O.T. for maintenance of the proposed street lighting on East Atlantic Avenue. K. FACILITIES CONVERSION AGREEMENT WITH LEADERSHIP CABLE/EAST ATLANTIC AVENUE: Approve an agreement with Leadership Cable for the relocation of existing overhead facilities on East Atlantic Avenue to underground as part of the East Atlantic Avenue Beautification project, in the estimated amount of $8,183.20 with funding from 228-4141-572-61.73. L. MODIFICATION OF STANDARDS OF APPROVAL/BOAT DOCK AT 2313 SPANISH TRAIL: Authorize a modification of standards of approval as set forth at LDR Section 7.9.5{B) to allow a boat dock closer than 10 feet to the adjacent property line, based upon positive findings. M. TEMPORARY USE OF BOOTSTRAP PROGRAM FUNDS FOR ACOUISITION OF PROPERTY AT 239 N.E. 1ST AVENUE: Approve the temporary use of local Bootstrap Program funds in the amount of $62,445 for the acquisition of property at 239 N.E. 1st Avenue, and authorize -3- . ' . - the issuance of a Request for Proposal in accordance with State law governing the disposition of public properties. N. RULES AND REGULATIONS OF THE HISTORIC PRESERVATION BOARD: Approve the Rules and Regulations of the Historic Preservation Board, as amended. O. RESOLUTION NO. 39-95: Approve a resolution assessing costs for abatement action required to demolish an unsafe building at 110 S.W. 12th Avenue. P. RESOLUTION NO. 40-95: Approve a resolution assessing costs for emergency abatement action required to board up an unsafe building at 212 S.W. 11th Avenue. Q. RESOLUTION NO. 41-95: Approve a resolution assessing costs for emergency abatement action required to remove an abandoned septic tank at 242 N.W. 6th Avenue. R. APPOINTMENT OF OUTSIDE COUNSEL/VIGNARI CLAIM: Approve the appointment of Kent Pratt to represent Officer McCollum in the case of Vignari v. the City of Delray Beach and Patrick McCollum. S. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of the canine Rambo to his handler Louis Brown. 9. Regular Agenda: 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 May 1 through May 12, 1995. B. RESOLUTION NO. 42-95: Consider a resolution authorizing the City to purchase the Tate property located along Davis Road and to transfer same to a specified designee, accepting the con- tracts and agreements stating the terms and conditions, and approving the settlement agreement for Tate v. City, et al. C. PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS: D. SEACREST PROPERTY ACOUISITION: Provide direction concerning the Seacrest Property proj ect in view of the School Board's priority list for the 1995-96 school year. E. REOUEST TO PURCHASE CITY OWNED PROPERTY/EBENEZER WESLEYAN METHODIST CHURCH: Consider directing staff to initiate the possible sale of City owned land to Ebenezer Wesleyan Methodist Church, located at 201 S.W. 6th Avenue. F. SEWER EXTENSION COST SHARING REOUEST /LEE PROPERTY: Provide direction concerning a request to share in the cost of extending a sanitary sewer line from the east boundary of the Lee Property site to an existing manhole on Barwick Road. -4- '. . - G. CONTRACT ADDITION (C.O.#4)/SUN ART PAINTING CORPORATION: Consider Contract Addition (C.O.#4) in the amount of $5,510.00 to the contract with Sun Art Painting Corporation to reseal the floor and repaint the pump room at Miller Park Booster Park Station as part of the Repainting the Water Treatment Plant project, with funding from 441-5122-536-46.10 through budget transfer from 46.20. H. CHANGE ORDER NO. 2 AND FINAL PAYMENT/ALTMAN-BARRY CONSTRUCTION, INC. : Consider Change Order No. 2 in the amount of $57,435.89 and final payment in the amount of $137,214.94 to Altman-Barry Construction, Inc. for their work on the Tennis Center Phase III project, with funding from 334-4145-572-63.43. I. RESOLUTION NO. 43-95/MID-YEAR BUDGET ADJUSTMENT: Consider a resolution making mid-year adjustments to the adopted budget for FY 1994/95. J. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1996. Commissioner Ellingsworth's appointment. 10. Public Hearings: A. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY OF BOCA-DELRAY: Consider approval of a contract for the transfer of property located on N.W. 4th Avenue between 3rd and 4th Streets from the City to Habitat for Humanity. B. REQUEST FOR SIGN CODE WAIVER/FLORIDA SHERIFFS YOUTH RANCH. INC. THRIFT STORE: Consider a request for waiver of LDR Section 4.6.7(C) (4) governing roof top signs for the Florida Sheriffs Youth Ranch, Inc. Thrift Store located at 1350 N. Federal Highway. C. ORDINANCE NO. 21-95: An ordinance modifying the Special Activities District (SAD) for the Laver's North development located on the east side of S.W. 10th Avenue and Lindell Boulevard, south of Linton Boulevard. D. ORDINANCE NO. 22-95: An ordinance amending the Land Development Regulations by enacting a new Section 4.4.28, "Central Business District - Railroad Corridor (CBD-RC) " , and amending LDR Section 4.3.4(K), II Development Standards Matrixll, to provide development standards for the new district. E. ORDINANCE NO. 24-95: An ordinance amending Section 4.4.13(F) and Section 4.3.4 (K) of the Land Development Regulations to reduce the open space requirement in the Central Business District (CBD) . F. ORDINANCE NO. 23-95: An ordinance amending LDR Sections 8 . 2 . 1 (A) , "Creation of the Downtown Development Authority", to correct a scrivener's error, and 8.2.2(B), "Downtown Area Description" , to provide revised descriptions of the original and expanded boundaries of the DDA area. -5- 0 . - G. ORDINANCE NO. 25-95: An ordinance amending Chapter 52, "Water" , and Chapter 53, "Sanitary Sewers", of the City Code to provide for proration of initial and final billing. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 26-95: An ordinance designating The Blank House located at 85 S.E. 6th Avenue as a local historic site. If passed, public hearing on June 6, 1995. B. ORDINANCE NO. 27-95: An ordinance designating The Monterey House located at 20 North Swinton Avenue as a local historic site. If passed, public hearing on June 6, 1995. C. ORDINANCE NO. 28-95: An ordinance designating the Historic Bungalow located at 24 North Swinton Avenue as a local historic site. If passed, public hearing on June 6, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- " . - CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 16. 1995 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: 9.K. Consider request to rescind the bid award to Don Reed Ford in the amount of $73,796 for four, half-ton pick-up trucks, and award a bid via state contract to Duval Ford for two, half-ton pick-up trucks, in the amount of $30,380 from 501-3312-591- 64.20. . , . . . . .-u - , .. l - w Cot 1 C\ ¡ = . - - I := e I , I .'- :ì - t :< .~ - ~ I , . ! - ~ - - .. .- - ~ .I - """. ... -.....c.... Cot ~ ;Q ............ a.. ,~ :..t '....... := ::t . ¡¡r t:t ~ . . 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D " baI:II Paul Dorling 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407/243-7000 All-America City " III: 5772 Strawberry Lakes Circle Lake Worth, FL 33463 1993 Re: Employee Suggestion #95-02 - High Point Sewer Service Fees Dear Paul: The Employee Suggestion Award Program Committee IS recommending approval from the City Manager, David T. Harden, for the award of $4,310 which would be 20% of the revenue of $21,548.49 for one year's recovery of un billed sewer service fees for High Point West for fiscal year, 1994. The fact that you found this problem while doing research for an annexation projects speaks well of your attention to detail. This was truly ajob well done and well deserving for a meritorious award. Your award will be presented to you by the City Manager at a date and time to be determined. CONGRA TULA TIONS! Sincerely, EDWARD J. GUSTY Employee Suggestion A ward Program Committee c: David T. Harden, City Manager Diane Dominguez, Planning Director Nancy King, Staff Editor Milena Walinski, Assistant Finance Director Employee Suggestion A ward Program Committee @ Pnnr8t1 on Recyc/8t1 P8/)er THE EFFORT ALWAYS MATTERS " r · ., C i. ( MEMORANDUM TO, Employee suq~oqram Committee FROM: Joseph M. Sa nance Director DATE: April 3, 1995 SUBJECT: Suqqestion Award Recommendation Paul Dorlinq- Hiqh Point Sewer Billinq Suqqestion No. 9S-02 On January 23, 1995, Paul Dorling (Principal Planner) submitted a suggestion related to the fact that High Point West was being billed incorrectly for their sewer services. Paul uncovered this fact when he was preparing for potential annexation of this development and was analyzing current costs versus future costs following annexation. The Finance Department has investigated this suggestion and has found Paul to be correct in his assessment of the billing of sewer services to High Point West. Due to computer restrictions in the "unit" field not allowing more than 999 units, the Utility Billing Department had to split the 1,084 total units in High Point West into two separate bills. Water consumption was placed on one of these bills. One of the bills accounted for 342 units and the other bill accounted for 742 units. Water consumption was recorded on the 342-unit bill. Sewer service is billed according to water consumption up to a maximum of 12,000 gallons per unit. Since the water consumption for High Point West was entirely placed on the bill for 342 units, it billed sewer up to a cap of 4,104,000 gallons of water consumption (342 x 12,000 gallons). If High Point West used more than this number of gallons, there were no additional billings for sewer since the system thought the cap was attained. There were five (5) months during the past year when this cap was exceeded amounting to $21,548 in sewer service that was not billed or paid for. High Point West has been billed for this underpayment and the billing problem has been corrected thanks to Paul bringing this to our attention. We feel that this suqqestion warrants sDecial recocrnition in accordance with the suqqestion Do1icy and would recommend that the 20% award or $4,310 be qiven to Paul Dorlinq reDresentinq one year's recovery of unbilled sewer service fees. An analysis of the underpayment is attached for your information. The fact that someone in the planning Department found this problem while doing research for an annexation proj ect speaks well for this employee and his attention to detail. This was truly a job well done and well deserving for a meritorious,award. - (- i. (- Sheet1 - HIGH POINT ANALYSIS Fiscal Year 94 Water Amount Consumption Billed should have Lost Month 000'5 of Gals. Amount been billed Revenue Oct-93 35301 $7,871.90 $7,871.90 $0.00 Nov-93 4040 $9,009.20 $9,009.20 $0.00 Dec-93 3712 $8,277.76 $8,277.76 $0.00 Jan-94 5599 $9,151.92 $12,485.77 $3,333.85 Feb-94 5783 $9,151.92 $12,896.09 $3,744.17 Mar-94 5304 $9,151.92 $11,827.92 $2,676.00 Apr-94 3892 $8,679.16 $8,679.16 $0.00 May-94 59661 $9,151.92 $13,304.18 $4,152.26 Jun-94 1537 $3,427.51 $3,427.51 $0.00 Jul-94 7531 $9,151.92 $16,794.13 $7.642.21 Aug-94 3518 $7,845.14 $7,845.14 $0.00 Sep-94 39221 $8746.06 $8746.06 ~ $99,616.33 $121,164.82 1$21,548.49 The above billings are based on the commodity portion of the Sewer charges Highpoint West is comprised of 1,084 units. Theoretically, the billable cap is 1,084 X 12,000 maximum gallons or 13,008. If the actual water consumption is below 12,000 gallons, the charge is based on the actual water consumption. I The account was split into 2 different accounts - one with 342 units and the other with 742 units. The water consumption charges were assigned to the account with the 342 units. So the cap for sewer was 342 X 12,000 or 4,104. This posed a problem when the water consumption exceeded 4,104 as you can see for the months of Jan, Feb March, May, and July. ! ! Page 1 - . i. [I" OF DELIA' IEA[H DElRA Y BEACH , ~ 0 . I D A baI:II 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407/243-7000 All-America City " III! April 27, 1995 1993 Sylvia H. Foster 920 Dogwood Drive, Apt. 560 Delray Beach, FL 33483 Re: Employee Suggestion #95-06 - City Picnic - Pepsi Wagon Dear Sylvia: The City's Employee Suggestion A ward Program Committeee has reviewed your suggestion and has recommended an award of Fifty Dollars ($50.00) to the City Manager. Your award will be presented to you by the City Manager at a date and time to be determined. We thank you for taking the time to participate in the Employee Suggestion Award Program. Do continue to submit suggestions for future consideration. CONGRATULATIONS! Ed ard J. Gusty Human Resources Director c: David T. Harden, City Manager Nancy King, Staff Editor Employee Suggestion A ward Program Committee Milena Walinski, Assistant Finance Director @ Prinl8d on Recycled PII(J8f THE EFFORT ALWAYS MATTERS , '\, . . . . r .. i. _ . _ h -~ _. _ h_... _...... ( ( -~ CITY OF DElRAY BEACH Please read SUGGESTION AWARD PROGRAM instructions (Please type or write plainly with dark ink) on reverse side DATE: March 23. 1995 Suggest.ion applies to t.he .~ CT1'Y OF DF.T.'RAY "RF.Ar.~ 'PTr.NTr. r.nMMT'M'F.F. .. Present. condition: (pinpoint. the problem you are solving) - . When Pepsi delivered our tanks 'to the Etl\PloyèePi~T1iC' 1'n!'!}/' tii~n'1' -fnCl1':a11 1'h..m p...nperly. This caused some people to li[et to much fizz and others not: !'!nnngh r ='11 Cln 1'n.. fl :at7n... T.7as stron~ in some and very weak in others. Suggestion: (8e specific, give details, at.t.ach illust.rat.ion, diagram, sketch, etc.) I spoke to Nancy Kin¡ about the ~T'nhl..m ='In~ CI='I-f~ T 1'nrntgh1' it' Clh~,'~ Q" "'''port9Q t9 Pe'P"d ~hø ~g~P~~ ~nd ~a~ø~ mø ~n ~~" ~~~ A4~~'19~ ~þ49 ~rttb ~h~m T ~:a""~ "vp,..ined the problem and they asked us to send a letter documenting this. . The letter was sent (I am exclosin2 a COpy) in their reulv they ¡av@ us 0;0% off tnll!! 1'o1':al hill, tJni~n :amounted to $199.00. Had I not brought this to Nancy King's attention & followed through we would i Savings/Benefits: (Explain what your suggest.1on shall accompl1shÞot have received the dis- count for faulty merchandise I , $ 192.70 Sylvia H. Foster I understand and agree to OFFICE USE Name all the rights and obli- ONLY 920 Dogwood drive Apt. 560 gations as set fort.h in ~e Pollcy GA-41. Address ~~~:O ? Delrav Beach. Florida 33483 ·II~ ~tg 'ature Refer To: S t gna t.un Staff Assist~nt 1 Signature Title Human Resources Signature Depart.ment (If Group suggestion, all i .ust sign) - " i -------- -------------------------------------- . . , -4 [Iry DF DELRAY BEA[H DElRA Y BEACH f l 0 . I D ... 1 011 ¡") .:,c ~'I A V E r" I ) é· : 'Ll RÞY BE.:,CH, FLORIDA 33444 407/243· 7000 tdtd . . ififj!MarCh 10, 1995 1993 Mr. Manny Zapata Pepsi-Cola Bottling Company 7305 Garden Road Riviera Beach, Florida 33404 Dear Mr. Zapata: On February 25, 1995, your company supplied a Pepsi wagon and Pepsi-cola products for the City of Delray Beach annual employees' picnic, Unfortunately, the tanks were not connected properly which resulted in the soft drinks having either too much or not enough carbonation. several of our employees commented about the taste of the Pepsi products after the picnic. Additionally, toward the end of the afternoon four of the pumps began losing pressure causing the beverages to trickle from the spigots. This created long lines of people waiting to be served. In the past we have always been pleased with your company's service. This year, however, I am disappointed. I have not settled our account because I believe that, given the circumstances, we are entitled to a rebate. Please let me know your thoughts on this matter. Sincerely, . ~~ Nancy King Staff Assistant/Publications Editor r . . - . (- ( i. _,~~/Jlf$5£::··;~;:>.· .....-..."- ~ - ~ £1" OF DELIA' IEA£H ., . '. ..-- 100 N.W.1st AVENue . DELRAY BEACH. FLORIDA 33444 . 407/243·7000 .... AlA ~CIIJ , III I! 1993 March 24, 1995 Ms. Sylvia Foster Human Resources city of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Sylvia: Just a note to thank you for letting me know that the Pepsi Wagon was malfunctioning during the employees' picnic. I appreciated how you took the initiative and contacted the Pepsi Cola company requesting a rebate. As a result of your effort, the City was issued a credit for $192.70. Thanks again for your help. I I I Sincerely, I ~~ -"-7 Nancy King Staff Assistant/Publications Editor cc. David T. Harden, City Manager ¡ I ® PrIM/CO on Recycled Paoer THE EFFORT ALWAYS MATTERS " , L . '::r~ ~ -~ -. .... ~ a.. - --~ -, .... Cot ...~::- - .- ~ .- - L_ '_1 = . """ëP fir." - ] ." - -,-- " = e '" :¡ '---. - - "-. ~ ~ .. ~"" .- - ... '--"'- - Cot ~ ... ~ ~- = ~ a.. :..t := -- ::t , ;.¡¡- ~ t:t ....--' '-. S . -. .:...........- :..t ~ .. ~ - ;Q -- - = ~ = '; - ~ Ja - "--. - :..t -- - - - = ...... ......... - ~ Q - - ::. ..- "_~F = =.::: .... '--= eo. = ..... «< fQ Q - = r t:-:) = w:+ c.._ "-..J ~ $.t w ... ~~ ..- - :+- ... L'" < = = c... :+'"t: t:ttn ~ = t-!. = = ..... tn - . .... =- "..... - . - -< F$i fOQ U1 · ~ = -= c.. u:r ~ ra = = - t:::::t - "" . . ~ ~ 01:" -- - c.. = t:n:ì" -... c... .... = . ...... - fOQ = -. of. ~ = S =- ::; ::.... ~ ~ .....Wdlt "-..,./ a:a - - . :;-~= = - - '-' = = ...... eo. ~ $.t c.. .- = =$.t c.. :.--.. $ c.. - - :;;) W -... - - - .-- ~ ..... = = - '/ c... = $.t - a.. -- Q =- - = ----. IS ~ .- ", = , , . ... = ... 1 f4I e '-"" ,.,,-c .. - c.. - ~~. W -- - - - ~ S :ì k! ' ."",- jw . : 1 /~ i = ~/" := = - V \a. - 6 ~ , . . ..-:~ --~ - ~.- " ~ i. ..-.,...,..... [IT' OF DELAAY IEA[H 100 N.W.1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243·7000 ...... ....CIty April 27, 1995 , , III! Roger Ribeiro 6393 Bengal Circle 1993 Boynton Beach, FL 33437 Re: Employee Suggestion 95-05 - Employment Physicals Dear Roger: The City's Employee Suggestion Award Program Committeee has reviewed your suggestion and has recommended an award of Fifty Dollars ($50.00) to the City Manager. Your award will be presented to you by the City Manager at a date and time to be determined. We thank you for taking the time to participate in the Employee Suggestion Award Program. Do continue to submit suggestions for future consideration. CONGRATULATIONS! Sincerely, V~ Edward J. Gusty Human Resources Director c: David T. Harden, City Manager Joseph Weldon, Director of Parks & Recreation Nancy King, Staff Editor Employee Suggestion Award Program Committee Milena Walinski, Assistant Finance Director ® Prlnred Ù:: ;:;ec."::''3rJ P3cer THE EFFORT ALWAYS MATTERS " r -~ - ~._- - - .._~.~.-_..-._. .....- ( i. ( . - ~ ,r- "" r'" t.. t.... """ LL f-, ~.. Y. J.-- I '~.:- ~-, 3 ) . .... . ,.~ - ,," '- v¡ .. . . .\.i'u. .1'. 0- M PH 4: 08 CITY OF DElRAY BEACH Please read .,I~ AR - 6 SUGGESTION AWARD PROGRAM instructions HUr1AN RESOUR~~~ase type or write plainly with dark ink) on reverse side DATE: 3/6/95 Suggestion applies to the Department of Parks and Recreation P~esent condition: (pinpoint the problem you are solving) Reduce Parks and Recreation Department costs for renewal of physicals in '. After School Program (see attached for details). Suggestion: (Be specific, give details, attach illustration, diagram, sketch, etc.) Add to the Human Resource Department policy the use of HMO doctors under City Plan to h sicals to After Schoo staff (see attached for details). ; Savings/Benefits: (Explain what your suggestion shall accomplish) The use of the HMO doctors performing renewal physicals would be less expensive than the current City doctor, Dr. Schwartz. Potential cost savings of $22~.OO (see attahced for details). rDð~ R. ? 1,'«;4; I understand and agree to OFFICE USE Name all the rights and obli- ONLY 5tJ tip Iff 4,t£' gations as set forth in ~tratIV. PolIcy GA-41. Addr~ Number: ~;' ~ ,'4 >.J/~7" _ '/t. ~ ;æ~/ 95-0~ Sign ure Refer To: ~e?f nw .s;:;/ÞW #4JtJ,-( 2?L Signature Signature Title \ 7 AA,Kr Á- ~ 7?~ Signature I Department (If Group suggestion, all " must sign) I . . - -- -- ...--......- ------_.....- " r . . . ( i. C" < SUGGESTION - I work in the Parks and Recreation deparunent for the City of Delray Beach. The After School Program in the Parks and Recreation Deparunent has to have each staff member take a physical every two years under HR.S guidelines. The current policy is to use Doctor Schwartz, the city physician. who charges the City $75.00 for each physical examination. I am currently under the cities HMO Program. under Doctor Smith. Doctor Smith s physicals require two visit with a co-payment of $ 1 5.00 each. My suggestion is that the city add to it's policy that City employees continue to use Doctor Schwartz the City doctor and add any doctor currently under the HMO plan. This would save the City approximately $45.00 per employee. Currently there are (5) full time employees in the After School Program that would need to retake a physical with potential cost savings of $225.00 to the City depending on the physical renewal dates. :?i2~ March 1. 1995 Date: Ref:general-$45.doc3/l/95 . . . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # b'A - MEETING OF MAY 16. 1995 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: MAY 12, 1995 This is before the Commission to ratify actions taken by the South Central Regional Wastewater Treatment and Disposal Board on April 20, 1995. By a vote of 9 to 0, the SCRWTD Board approved the following: · Expend $4,588 from the Sinking Fund to replace Master Lift Station pump. · Expend $1,095 from the Sinking Fund to replace Simplex timeclock. · Expend $1,200 from the Sinking Fund to replace bubbler air monitor-RAS B Plant. · Expend $200,000 from the Surplus Funds, if necessary, for emergency repairs to Outfall Line. Recommend ratification of the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on April 20, 1995. , r · SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone ROBERT J. HAGEL 272-7061 734-2577 ExecutÌl'e Director Fax: (407) 265-2357 MEMORANDUM TO: City Clerk, Delray Beach FROM: Mary Ann Shumilla DATE: April 28, 1995 RE: RA TIFICA TIONS FOR SIGNATURE Attached are Ratifications from the quarterly Board Meeting of April 20, 1995 which need signatures. Would you please contact me at 272-7061 when all signatures have been completed. Thank you. 5 II /95' " r . RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 20, 7995, by a vote of 9-0, approve to expend $4,588 from the Sinking Fund to replace Master Lift Station Pump. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 20, 1995, by a vote of 9-0, approve to expend $1,095 from Sinking Fund to replace Simplex timeclock. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney " . ~ . RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 20, 1995, by a vote of 9-0, approve to expend $1,200 from Sinking Fund to replace bubbler air monitor-RAS 8 Plant. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . " - . . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 20, 1995, by a vote of 9-0, approve to expend $200,000 from Surplus Funds, if necessary, for emergency repairs to Outfall Line. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . . · M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ B - MEETING OF MAY 16. 1995 ENGINEERING SERVICES CONTRACT AND SERVICE AUTHORIZATION NO. 1 WITH CH2M HILL DATE: MAY 12, 1995 This is before the Commission to approve an agreement for general civil/sanitary/aquifer storage and recovery (ASR) consulting services with CH2M Hill. This agreement supersedes our prior contract with CH2M Hill dated 1991 and will serve as the basis for the issuance of service authorizations. The City Attorney's Office has reviewed and approved the agreement. Also requested is approval of Service Authorization No. 1 in the amount of $277,021.00 for consulting engineering services in conjunction with the design, permitting, construction administration and resident project representative services for installation of an ASR well at the North Reservoir/City Attorney site. This was discussed and approved by consensus at the Commission's workshop meeting on May 9, 1995. Funding is available from 1993 Water and Sewer Bond - Northeast Storage Tank (Account No. 440-5179-536-63.54) . Recommend approval of the engineering services contract with CH2M Hill, together with Service Authorization No. 1. ref:agmemo6 r · Agenda Item No. AGENDA REQUEST Date: 05/10/95 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 05/16/95 Description of item (who, what, where, how much): Staff requests Commission approval of an agreement with CH2M Hill for General Civil/Sanitary/ASR Consulting Engineering and service authorization #1 in the amount of $277,021. 00 for design, permitting and construction administration and RPR services for construction of an Aquifer Storage and RecoveZ1 (ASR) well at the North Reservoir/City Attorney's Office site. Funding is available in the 1993 W&S Bond. acct. #440-5179-536-63.54, N.E. 0.5M Gallon Storage Tank, with a transfer to a bond account to be established for the North Reservoir ASR. ORDINANCE/RESOLUTION REQUIRED: J__/NO DRAFT ATTACHED J__/HQ Recommendation: Staff recommends approval of General civil/Sanitary/ASR Consulting Agreement and S~0W:ion #1. , DEPARTMENT HEAD SIGNATURE: .. r. ..'f!rv/4tJ Determination of consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable d/,J ,--,'- Budget Director Review (required on all items involving expenditure of funds): Funding availabl~NO Funding alternatives N~ (if .pplicable) Account No. , -o¡scriPtionlf4n-tiI79-55'-/'J,.9-/(rCf7311'N"S~t1~~ Account Balanc 1.'3b7.r57J~,75 Ng . ~ . (¿;2;;¡~ >//d~ç- City Manager Review: Approved for agenda: YES/NO Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , r - MEMORANDUM TO: David T. Harden FROM: city Manager ~ Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: CH2M HILL AGREEMENT FOR GENERAL CIVIL/SANITARY/ASR CONSULTING ENGINEERING AGREEMENT AND SERVICE AUTHORIZATION #1 DATE: May 12, 1995 Attached is an agenda request and a copy of an agreement for General Civil/Sanitary/ASR Consulting Engineering Services wi th CH2M Hill. This agreement supersedes the contract with CH2M Hill dated 1991, and will be the basis for future service authorizations. Also attached for Commission approval is a copy of Service Authorization #1 to the new agreement for consulting engineering services in conjunction with design, permitting construction administration and provision of resident project representative services for installation of an Aquifer Storage and Recovery (ASR) well at the North Reservoir/City Attorney's site. This authorization is in the amount of $277,021.00 with funding provided in the, 1993 Water & Sewer Bond, through a fund transfer from 440-5179-536-63.54, N.E. 0.5M gallon storage tank, to a bond account to be established for the North Reservoir ASR. RCH: jem c: William H. Greenwood Joseph Safford f: 93-055 D r · AGREEMENT FOR ENGINEERING SERVICES FOR GENERAL CIVIL! SANITARY! ASR CONSULTING SERVICES Consultant: CH2M HILL, Inc. Ci':~:';i ~ Date: - . TABLE OF CONTENTS ~ I. Definitions; General Considerations 1 II. General Duties of Consultant . 3 III. Duties of Consultant; Study and Report Phase t:hrouqh Construction Phase and Resident Project Representative Services Phase . . 4 A. Phase I - Study and Report Phase 4 B. Phase II - Preliminary Desiqn Phase 5 c. Phase III - Final Desiqn Phase 6 D. Phase rv - Biddinq/Neqotiation Phase 7 E. Phase V - Contract Phase 8 F. Phase VI - Resident Project Representative Services 11 Phase rv. Data and Services to be Provided by City 15 V. Time of Per~ormance 16 VI. Aqreement Period 16 VII. Compensation 17 VIII. Payment 17 -19- IX. Miscellaneous Provisions 20 A. Ownership of Documents 20 B. Copies of Documents 21 C. Insurance 21-22 D. Litiqation Services 23 E. Authority to Contract 23 F. Assiqnm.ent 24 G. Confidential Information 24 H. Non-Exclusive Contract 24 I. Sub-Consultants 25 J. Notices 25 1(. Attachments 25 L. Truth-In Neqotiation certificate 25 M. Records 26 N. Personnel 26 o. Equal opportunity Employment; Non-Discrimination 26 P. Prohibition Aqainst continqent Fees 26 Q. Termination 27 R. Indemnification 27 S. Interest of the Consultant 28 T. Compliance with Laws 28 u. Jurisdiction; Venue 28 " - - AGREEMENT FOR ENGINEERING SER~CES THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY of Delray Beach, Florida, hereinaf~referred to as "CITY", and CH2M HILL, Inc. , hereinafter referred to as "CONSULTANT". WITNESSETH : WHEREAS , the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultants Competative Neqotiation Act, and; WHEREAS , the CITY represents that it is a Florida Municipal Corporation with the authority to enqaqe the CONSULTANT and accept the obliqation for payment for the services desired, and; WHEREAS, the CITY desires to enqaqe the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS , the CONSULTANT shall provide such professional services in accordance with this AGREEMENT and SER~CE AUTHORIZATION(S). NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carryinq out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS: GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented as set forth by this AGREEMENT and by SER~CE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the CITY from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order 1- . authorization is established in the CITY Code of Ordinances with provisions for expenditure level of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work and services to be performed by the CONSULTANT and time for comple- tion of the particular phase of the work by CONSUL- TANT shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of manhours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A City purchase order shall be issued with authorization identifying funds and amount of expendi tures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. CONSTRUCTION COSTS shall be the total estimated cost to the CITY of all elements of the project designed or specified by the CONSULTANT. construction costs shall include the cost at current market rates of labor and materials furnished by the Contractor and equipment designed, specified, selected or specially provided for by the CONSULTANT, plus a reasonable allowance for the contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during con- struction. Construction cost does not include the compensation of the CONSULTANT or CONSULTANT'S subconsultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the CITY. The CONSULTANT shall use its best judgment as a design professional familiar with the construction industry in estimating the construction cost. D. PHASES: A phased approach may be utilized. The CITY and the CONSULTANT shall have the right to negotiate the terms of each phase as contained within each SERVICE AUTHORIZATION, and to reject any SERVICE AUTHORIZATION, if the parties cannot agree to the terms of the SERVICE AUTHORIZATION. In the event the parties cannot agree, the CITY may select another proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the CITY'S right to terminate the CONSULTANT'S contract during any phase of the project. 2 · II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSUL- TANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical services. It shall be the responsibility of the CONSULTANT to work with the - CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D.The CITY shall establish a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the CITY, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the final design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a resul t of a change in the scope of services directed by the CITY. E. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely comple- tion, compliance with regulations and rules, and the coordination wi th all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the 3 . technical adequacy of its work. The CITY' S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT designates Jphn F Çl1rt"i !':!': , as its representative to act as lia~son w~th the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of . the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the CITY. H. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the CITY Commission or any CITY approval Board, where the project is discussed, unless the city's representa- tive declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT; STUDY AND REPORT PHASE THROUGH CONSTRUCTION PHASE AND RESIDENT PROJECT REPRESENTATIVE SERVICES PHASE The following Duties of CONSULTANT are separated into phases of the project which if approved via SERVICE AUTHORIZA- TIONS shall be performed by the CONSULTANT. The CITY may require SERVICE AUTHORIZATIONS which contain additional re- quirements applicable to the project. The CITY must authorize through SERVICE AUTHORIZATIONS, the commencement of each phase of the work. A. Phase I - Study and Report Phase If the Study and Report Phase is authorized, the following requirements shall apply. (1) The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. (2) The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 4 " - . (3) The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. (4) The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (5) The CONSULTANT shall provide a general economic analysis of OWner's requirements applicable to various alternatives. (6) The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations . involved (including applicable requirements of governmen- tal authorities having jurisdiction as afore- said) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre-design estimate of probable costs for the Project, including, but not limited to the following which will be separately itemized: Construction Cost, allow- ance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSUL- TANT shall also provide a preliminary evaluation of the City's Project Schedule. The city's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. (7) The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II - Preliminary Design Phase If the Preliminary Design Phase is authorized, the fOllowing requirements will apply: (1) The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the project. 5 . r (2) Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. (3) Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. (4) Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. (5) The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout the design development phase. (6) The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. (7) The CONSULTANT shall make available all design calculations and associated Data, and partici- pate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: (1) The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permi tting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the CITY. (2) The CONSULTANT shall in the preparation of construction documents, technical criteria, written descriptions and design data, take into 6 r account all currently prevailinq codes and requlations qoverning construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or qovern- mental authorities having jurisdiction over the project. (3) The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C., which shall be reviewed by the CITY prior to qoinq out for bids. (4) The CONSULTANT shall provide the required documents and attend meetinqs as necessary, for the approval of qovernmental boards, aqencies or authorities havinq jurisdiction over the project. (5) The CONSULTANT shall use bid documents ,provided by the CITY includinq bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. (6) The CONSULTANT shall prepare all documents including desiqn and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications therefore are the responsibility of the CONSULTANT. (7) The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV - Bidding/Negotiation Phase. If the bidding phase is authorized, the followinq requirements shall apply: (1) The CONSULTANT shall assist the CITY in obtain- ing bids or negotiated proposals, assist in awarding and preparing contracts for construc- tion, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of . contract documents, and after the award assist the City in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. (2) The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the 7 " . CITY in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. (3) The CONSULTANT shall issue addenda as appro- priate to interpret, clarify or expand the Bidding Documents. (4) The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, . suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S» for those portions of the work as to which such acceptability is required by the Bidding Documents. (5) Consul t with the CITY concerning and determine the acceptability of substitute materials and equipment proposed by CONTRACTOR(S) when" substi- tution prior to the award of contracts is allowed by the Bidding Documents. E. Phase V - Construction Phase If Contract Administration is authorized, the follow- ing requirements shall apply: (1) The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. (2) The CONSULTANT shall" be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. (3) The CONSULTANT shall visit the site at reqular intervals appropriate to the stage of construc- tion or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicat- ing that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certifi- 8 . . cation to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications, and/or approved chanqes or modifications thereto. (4) The CONSULTANT shall not have control over or charqe of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and proqrams in connection - with the work, since these are solely the - CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. (5) The CONSULTANT based on observations and evalua- tions of CONTRACTOR'S applications for payment, shall review and certify the amounts due the CONTRACTOR. (6) The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprisinq the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledqe, information, and belief, the quality and quanti- ty of the work is in accordance wi th the con- tract documents. The foreqoinq representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further consti- tute a representation that the CONSULTANT has made observations to review the quality or quanti ty of the work. (7) The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY which does not conform to the contract documents. The CONSULTANT will have authori ty to require additional inspection or testinq of the work in accordance wi th the provisions of the contract documents, whether or not such work is fabricated, installed or completed. 9 . - . (8) The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR t S submittals such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract docu- ments. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. (9) The CONSULTANT shall prepare change orders and . construction change directives with supporting documentation and data if deemed necessary by the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of the . contract time which is consistent with the intent of the contract documents. (lO) The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY t S review and records, wri tten warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. (11) The CONSULTANT shall interpret matters concern- ing performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made wi th reasonable prompt- ness and within any time limits agreed upon. (12) Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the C~TY and the Contractor. (13) The C~TY shall be the final arbiter on matters relating to aesthetics. 10 . · (14) The CONSULTANT shall render written interpreta- tions wi thin a reasonable time on all internal disputes between the CITY and CONTRACTOR relat- ing to the execution of the progress of the work as provided in the contract documents. (15) The CONSULTANT'S interpretations on internal disputes are not binding on the CITY and the CITY may result to remedies afforded by this contract to resolve the issue. (16) The CONSULTANT shall provide the number-of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. (17) Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. (18) In company wi th the City, the CONSULTANT shall visit the Project to observe any apparent defects in the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such def iciencies, and make recommendations as to replacement or correction of defective work. F. Phase VI - Resident project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carryinq out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S aqent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT reqardinq Resident Representa- tive's actions. Resident Representative's dealinq in matters pertaininq to the on-site work shall in general be wi th ·CONSULTANT and CONTRACTOR keepinq the CITY advised as neces- sary. Resident Project Representative's deal- inqs with subcontractors shall only be through or wi th the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledqe of and under the direction of CONSULTANT. 11 · B. Resident project Representative shall where applicable: 1. Review the proqress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, proqress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRAC- TOR, when CONTRACTOR'S operations affect the CITY'S on-site operations. 4. Assist in obtaining from the CITY addition- al details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples which are furnished at the site by CONTRACTOR, and notify the CONSUL- TANT of availability of samples for exami- nation. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing if the submittal has not been approved by the CONSULTANT. 8. Conduct on-site observations of the Work in proqress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residen- tial project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the CONSULTANT of Work that Resident Project Representative 12 " . . believes should be uncovered for observa- tion, or requires special testinq, inspec- tion or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operatinq and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof i and . observe, record and report to the CONSUL- TANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies havinq jurisdic- tion over the proj ect, record the results of these inspections and report· to the CONSULTANT. 12. Report to CONSULTANT when clarifications and interpretations of the Contract Docu- ments are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. consider and evaluate CONTRACTOR'S sugges- tions for modifications in Drawings or Specifications and report with Resident project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 15. Keep a diary or loq book, recording CON- TRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of jOb site visitors, daily activities, decisions, observations in general, and specific 13 . . L observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontrac- tors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of - the Work of the CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consul t with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materi- al from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any acci- dent. 21. Review applications for payment with CONTRACTOR for compliance with the estab- lished procedure for their submission and forward with recommendations to the CONSUL- TANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Docu- ments, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requir- ing completion or correction. 14 " . 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concern- ing acceptance. C. The Resident Project Representative shall not: . 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and proqrams in connection with the Work. 6. Accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. 8. Participate in specialized field or labora- tory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually 15 . . · deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The ci ty Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The - City Manager or his designee shall have the authority to the extent authorized by the ci ty Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. v. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a notice to proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of perfor- mance and compensation shall be renegotiated, provid- ed; however, the CONSULTANT as a condition precedent to renegotiation shall notify the CITY within fifteen (15) calendar days from the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The period of service is from the date of execution of this AGREEMENT until such time as all outstanding SERVICE AUTHORIZATIONS issued have been completed. Each SERVICE AUTHORIZATION shall delineate a time for completion of the service to be rendered. 16 ., - L VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a neqotiated lump sum, or a not to exceed budqeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. ~. METHOD ~ - LUMP SUM Lumo Sum Amount. Wherever possible, the scope of services for Services, projects or Programs shall be thorouqhly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a chanqe in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writinq. In lump sum contracts, the CONSULTANT shall submit the estimated man hours, wage rates and other actual unit costs supportinq the compensation. The CONSULTANT shall submit a truth in neqotiation certificate statinq that all data supportinq the compensation is accurate, complete and current at the time of contractinq. 2. METHOD II - TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Comoutation of Time Chara-es/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budqet cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reim- bursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees tq pay the CONSULTANT compensation for services rendered base~ upon the actual personnel's raw hourly sa1ary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor which shall not exceed 3.0. Maximum 17 . . . permissible profit included in the overhead factor shall not exceed ten percent (10%) . The overhead factor may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibit B may be adjusted upon AGREEMENT of the parties. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the . SERVICE AUTHORIZATION as follows: (1) Identifiable transportation expenses in connection with the Project, subject to the limitations of section 112.061, Florida Statutes. Transportation expenses to locations outside the Dade- Broward-Palm Beach-Hartin County area or from locations outside the Dade-Broward-Palm Beach-Martin county area will not be reimbursed unless specifically pre-authorized in the Service Authorization. (2) Identifiable per diem, meals and lodqinqs, taxi fares and miscellaneous travel-connected- expenses for CONSULTANT's personnel subject to the limitations of section 112.061 Florida Statutes. Meals for travel inside Dade-Broward- Palm Beach-Martin County will not be reimbursed. Meals and lodqinq expenses will not be reimbursed for temporarily relocatinq CONSULTANT'S employees from one of CONSULTANT'S offices to another office if the employee is relocated for more than ten (10) consecutive workinq days. Lodqinq . will be reimbursed only for room rates equivalent to Holiday Inn, Howard Johnson or Ramada Inn. 18 " . . (3) Actual cost of identifiable courier and express mail services. (4) Actual expense of reproductions, ot Drawinqs and Specifications for biddinq and contract execution includinq duplicate sets at the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (5) Actual expenses of testinq, - - laboratory services, and field equipment. (6) Actual expense of overtime work requirinq hiqher than reqular rates, when authorized by the CITY. (7) Actual cost of all permit fees paid to requlatory aqencies for approvals directly attributable to the project. These permit fees do not include those permits required for the construction contractor. Reimbursable subconsultant expenses are limited to the items described above when the subconsultant aqreement provides for reimbursable expenses. Non-reimbursable expenses, include but not limited to the followinq: computer hardware and software costs, word processing, Auto Cadd, proqress prints, etc. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an addition overhead factor which shall not exceed ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and manaqement of the sub-consultant, and for the other tinancial and administrative costs. Subcontractual services shall be approved by the CITY in writinq prior to performance of the subcontractual work. 19 . . . C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII. PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT wi thin thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. OwnershiD of Documents: A set of reproducible mylar drawings, and C.A.D. disks in a format compatible with CITY'S Computer system, shall be given to the CITY. Details, design calculations, and all other documents and plans that resul t from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including patent and copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such 20 . , · documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation i software, is provided to the CITY for convenience only. B. Conies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the CITY'S processes, as well as other governmental authorities. See also Section III (C) (7) for additional requirements. The CITY . . acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this AGREEMENT which are provided by the CONSUL- TANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared wi thout prior wri tten consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: wi thout limi ting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1.. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer' s Liability with limits of $1.00,000 per person, $500,000 per occur- rence and $1.00,000 per each disease. 2. Comprehensive General Liability with minimum limits of One Million Dollars ($1.000.000.00\ per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without 21 " r ~ restrictive endorsements other than ISO Endorsement GL 21 06 (Enqineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this- AGREEMENT, coverage . for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coveraqe applicable to this specific AGREEMENT. f. Personal Injury Coveraqe with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of Three Hundred Thousand Dollars ($ 300.000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-awned Vehicles c. Employers' Non-ownership 4. Professional Liability Insurance with minimum limits of One Million Dollars ($ 1. 000.000.00) per occurrence. Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a certificate of Occupancy is issued. 22 " . . 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paraqraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparaqraph C2. The required certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by suèh paraqraphs of this AGREEMENT . The CONSULTANT shall also make available to the CITY a certified copy of the professional liabili ty. insurance policy required by paraqraph 4 above for the CITY'S review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litiaation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an additional service. E. Authoritv to Contract: The CITY represents that it is a municipal corporation with the authority to engage the 23 . . . CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. F. Assianment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, . neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate wi th the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 24 " ~ I. Subconsultants: In the event the CONSULTANT, durinq the course of the work under this AGREEMENT requires the services of any subcontractors or other .profes- sional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to qive notice unto the other, it must be qiven by written notice, sent by reqistered United States mail, with return receipt requested, "addressed to the party for whom it is intended at the place last written, as the place for givinq of notice in compliance with the provisions of this paraqraph. For the present, the parties desiqnate the followinq as the respective places of qivinq of notice to wit: city of Delrav Beach City Manaqer City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 CONSULTANT K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Neaotiation certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in neqotiation certifi- cate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. 25 . · M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually conve- nient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for perform- ing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZA- TION. Key project personnel will be identified for each project and expected to perform the work assign- ment as can reasonably be expected, and as approved by the CITY. o. Eaual Occortunitv Emclovment: Non-Discrimination: CONSULTANT aqrees that it will not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT aqrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Aqainst continqent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or aqreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other considera- tion, contingènt upon or resulting from the award or making of this AGREEMENT. 26 " r . Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no faul t of the terminating party. The CONSULTANT and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to either one or the other. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSUL- TANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be qiven five. days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT' S destruction of any of the above- referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termina- tion of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: (See attached amendment) The CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damaqe, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and aqainst any claim, demand or cause of action arisinq out of any negligence or misconduct of CONSULTANT for which the City, its aqents, servants or employees are alleged to be liable. The indemnifications contained herein shall survive the expiration or earlier termination of this Agreement. 27 " . ~ The monetary limitation on the extent of the CONSULTANT'S liabili ty shall be one million dollars ($1,000,000.00). Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or deqree with the performance of its . services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. ComDliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. u. Jurisdiction: Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State civil Courts of Palm Beach County, Florida. Any dispute between CONSUL- TANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County Court. V. Attornev's Fees: In the event a suit is filed in court arising out of this aqreement, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees, including attorney's fees and costs on appeal. 28 . W. Internal DisDute Between Owner and Consultant: The City Manaqer shall be the final decision maker reqardinq internal disputes between CITY and CONSUL- TANT. x. Pro;ect Schedulina: CONSULTANT shall provide schedulinq to the city based on the construction schedulinq program PRIMAVERA and provide the CITY, within ten (10) days of the date of commencement as contained within the service author- ization, a diskette with the proposed program sched- ule. Durinq the course of the work, CONSULTANT shall provide monthly updates with a written description of any chanqes in the schedule. The diskette shall be in a format compatible with the CITY'S computer system: Y. Extent of Aareement: This AGREEMENT represents the entire inteqrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior neqotiations, representations or AGREEMENTS, written or oral. This AGREEMENT may not be amended, chanqed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the city commission and CONSULTANT. IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its City Clerk, and the CONSULTANT has h~reunto set its hand and Seal the day and year first written above. CITY OF DELRAY BEACH, FLORIDA CONSULTANT By: By: Siqnature MAYOR John F. Curtiss Vice President and Manaqer of South ATTEST: (Print or Type)Florida Operation City Clerk Witness Approved as to Form: Witness City Attorney 29 " . . CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on . behalf of the corporation. He/She is (personally known to m.e) (or has produced identification) identification) (type of identification) (as and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped ACKNOWLEDGMENT :IF PRINC:IPAL :IS AN IND:IV:IDUAL 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 30 . . ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foreqoinq instrument was acknowledqed before me this day of , by (name of acknowledqinq partner or aqent) of , partner (or aqent) on behalf of (name of partnership), a partnership. He/She . (personally 1.S known to me) (or has produced identification) . (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Takinq Acknowledgment Name of Acknowledqer Typed., Printed or Stamped 31 " - CITY OF DELRAY BEACH EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. - - Title: I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE 32 " · This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: . Date Date Thomas E. Lynch Witness Mayor witness Attest: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this Approved as to Legal day of , Sufficiency and Form ~ ---- (name of officer or agent, title of officer or agent), (Name of Corporation ACknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. signature of Person Taking Acknowledgement signature of Acknowledger Typed, Printed or Stamped JJ , . . EXHIBIT B HOURLY CONSULTANT RATES FOR METHOD II - NOT - TO-EXCEED CONTRACTS CH2M mLL, INC. Hourly Hourly Raw Raw Salary Salary Rates Employer Catel!ory Rates Times 3.0 Multiplier ~ofessionals Ivice President/Senior Consultant $38.33 $115 Senior Manager/Senior Consultant $35.00 $105 Program Managerrrechnical Consultant $32.60 $98 Senior Project Manager/ Technical $28.67 $86 Senior Proiect Professional $25.67 $77 lProject Professional II $22.67 $68 lProiect Professional I $19.33 $58 ~echnicians !Lead Technician Supervisor $22.90 $69 Senior Technician $18.95 $57 !certified Technician (Designer) $17.35 $52 Irechnician (Drafter) $15.67 $47 ~unior Technician $14.00 $42 ~echnical Aide $12.67 $38 þmce Support I $12.67 I $38 I MIA \EXCEL\500,XLS Page 1 . . EXHIBIT C SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT nNOXCB city of Delrav Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of' services under Task Order # . Period endinq: . LABOR Class Em'Dlovee Name ~ Hours Amount Subtotal Labor $ EXPENSES Computer Word Processinq Auto Rental Postaqe/Freiqht Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE $ COST SUMMARY Contract Amount $ Amount Earned This Period $ Amount Previously Earned Amount Remaininq $ 35 " - . EXHIBIT C (continued) SAMPLE INVOICE -- LUMP SUM FORMAT INVOICE Citv of Delrav Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order . Period endinq . . Total Pee $ , Complete $ Less Previous Billinqs Total Earned This Period $ TOTAL AMOUNT DUE THIS INVOICE $ 36 " - . AMENDMENT NO.1 AGREEMENT FOR ENGINEERING CONSULTING SERVICES FOR GENERAL CIVI1.JSANITARY/ASR CONSULTING SERVICES The following is an amendment to Section IX. R. Indemnification to the Agreement for Engineering Services for General CiviVSanitaryl ASR Consulting Services between the City of Delray Beach and CH2M HILL, Inc. dated . 1995. "The above indemnification and hold harmless provisions shall not be interpreted as requiring the Consultant to indemnify and hold harmless the City or City's contractors for negligence of City or City's contractors". . . · CH2M HILL SERVICE AUTHORIZATION -L- DATE: Mav 12. 1995 PAGE 1 OF 12 Service Authorization No. 1 to the Agreement to Furnish Professional Services Dated , 1995, Between the City of Delray Beach, Florida, and CH2M mLL, Inc. City P.O. No. City Expense Code: City P.N. Cj3 - 0:;5 Title: Design, Permitting, Construction, and Testing of an Aquifer Storage 'and Recovery (ASR) Facility at the City's North Storage Reservoir Category of Work: Professional Engineering Services General: This SERVICE AUTHORIZATION will modify the professional services agreement referenced above and will become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and imple- mented through an Amendment to this agreement. This SERVICE AUTHORIZATION is for Design and Permitting, Construction and Testing of a an Aquifer Storage an~ Recovery (ASR) Facility at the City's North Storage Reservoir. Introduction The City of Delray Beach has completed a study which considered the feasibility of constructing and operating an aquifer storage and recovery (ASR) facility in its water distribution system. The purpose of utilizing ASR was to provide additional fmished water storage capacity and to help meet peak demand periods. Based on the City's Water Distribution System Master Plan (1992), the need for additional storage and peak demand flows and pressures were identified in the northeast quadrant of the City and in the southwestern quadrant of the City. The northeast quadrant was identified as a Level IT improvement, which corresponds to the period of 1995 to 1997. As part of the recommended Level ill improvements (1998 to 2(00), additional storage and flow were identified as being needed in the southwest quadrant. DFBlOO14738.WPS . CH2M HILL SERVICE AUTHORIZATION --L- DATE: May 12. 1995 PAGE 2 OF 12 The results of the feasibility study were published in a report presented and accepted by City Commission on May 9, 1995. Based on the results, ASR located at the City's North Storage Reservoir and the Municipal Golf Course appeared to provide the most benefit to the City and were the easiest to implement. Also, by implementing ASR at the north storage reservoir first, along with the proposed improvements to the high-service pump capacity, most of the Level II Improvements in the northeast quadrant will be satisfied. Therefore, it was recommended to proceed with an ASR test facility at the north storage reservoir . I. Services to be Provided by the Consultant A. Description of Work Tasks Task I-Design, Permitting and Bidding. CONSULTANT will chair a kick-off meeting with the City to discuss and finalize details for the design of an ASR system at the North Storage Reservoir. The meeting will be held in the offices of the CITY. Meeting minutes will be prepared and copies will be distributed by the CONSULTANT. CONSULTANT will prepare Contract Documents, including technical specifications and engineering drawings suitable for the construction, testing and operation of an ASR system at the CITY's North Storage Reservoir. Because of the nature of this application of ASR, the construction of the facility will be completed in two phases. Therefore, two sets of Contract Documents will be prepared and executed - one for construction of a test ASR well, and one for construction of the surface facilities including pumps, motors, piping, valves, meters, disinfection facilities, electrical, and instrumentation and control (I&C) equipment. Contract Documents will include the following sections which will follow the format of those previously prepared for the CITY by the CONSULTANT: · Bidding Requirements · Contract Forms · Conditions of the Contract · Technical Specifications · Drawings The first three sections will be provided by the CITY, but will be modified for this specific contract by the CONSULTANT. Technical specifications and drawings will be DFBlOO14738.WP5 . . CH2M HILL SERVICE AUTHORIZATION ----L- DATE: May 12. 1995 PAGE 3 OF 12 prepared by the CONSULTANT. The technical specifications will include sections related to well drilling, construction, testing, piping and wellhead appurtenances, electrical instrumentation and control, chemical feed facilities and startup for the ASR system. During the preparation of the Contract Documents, the CONSULTANT will conduct site visits to the City's North Storage Reservoir as required to provide information on the proposed locations of the well, piping, disinfection lines, instrumentation and control, and other specific site information as well as to confirm locations previously identified following preliminary design. Site visits will be coordinated with CITY staff. The CONSULTANT shall conduct a survey of the site to provide the basis of a detailed site plan showing the location of existing structures, utilities, property boundaries, easements, right-of-ways, etc. CONSULTANT will coordinate with FPL to secure easements for the necessary power drop to the ASR facility. CONSULTANT will prepare an engineer's construction estimate for the well and associated piping and appurtenances based on the completed documents. The definitive estimate, as defined by the American Association of Cost Engineers, will be based on the unit and lump sum prices presented in the proposal, and on similar work recently con- ducted by CONSULTANT. CONSULTANT will provide the City with sufficient copies of each set of the Contract Documents for review and comments. CITY will review within 3 weeks of receipt of the documents. CONSULTANT will arrange review meet- ings with the CITY staff to discuss comments and make plans for fmalizing the docu- ments. The CITY's Risk Assessment Department will be contacted with regard to the necessary insurance requirements for the final Contract Documents. CONSULTANT will meet as appropriate with the CITY on an approximately monthly basis to discuss project progress and status, draft and final deliverables, schedule, and estimated contractor costs. CONSULTANT will prepare applications and such documents and incorporate design data as may be required for the CITY to apply for approvals from South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Unit (PBCHU), and Palm Beach County Department of Environmental Resources Management (pBCDERM). CONSULTANT will participate in meetings with each regulatory agency listed above as required. CONSULTANT will DFBlOO14738.WP5 . . CH2M HILL SERVICE AUTHORIZATION -L- DATE: May 12. 1995 PAGE 4 OF 12 also respond to requests for additional information from each agency listed above as required. The CONSULTANT will advise the CITY as to the costs of the permit fees. The CITY will then be responsible for preparing a check for the appropriate amount for submission with the permit applications. CONSULTANT will process the fmal permits received from each agency, review the specific conditions, and advise the City. Upon completion of the Contract Documents and receipt of the necessary permits, the CONSULTANT will prepare sufficient conformed copies of each set of the fmal Contract Documents for subsequent bidding by the interested Contractors. The CONSULTANT will assist the CITY with solicitation of local qualified potential bidders. The CONSULTANT will charge a fee to the interested contractors for the reproduction of the Contract Documents. The CONSULTANT will also provide the following services during bidding: conducting one pre-bid conference, assisting the CITY with inviting interested contractors through public notice, conducting a site walk-through, preparing a conference summary, answering questions from the contractors, issuing addenda to the Contract Documents as necessary, attending the bid opening, tabulating the bids of the responsive bidders and assessing their submitted qualifications, and providing a recommendation for Contractor selection to the CITY. A Notice of Tentative A ward will be issued to the successful, responsive, responsible bidder for each set of bid documents. CONSULTANT will prepare six sets of Contract Documents for execution by the awarded Contractor(s) and review the executed Contract Documents and bonds before forwarding to the CITY for final execution. Upon fmal execution of the Contract Documents between the CITY and the selected contractor, the CONSULTANT will schedule preconstruction meetings with the selected contractors and the CITY. The purpose of the meetings is to outline responsibilities of the CITY, the contractor and the CONSULTANT during the subsequent drilling and con- struction of the ASR well system. DFBlOO14138.WPS . ~ CH2M HILL SERVICE AUTHORIZATION---1- DATE: May 12. 1995 PAGE 5 OF 12 Task 2-Services During Construction. Services during construction are assumed to occur during execution of both sets of contract documents. CONSULTANT will review Contractor's applications for payment and accompanying data, determine the amounts owing to Contractor, and recommend in writing payments due the Contractor. CONSULTANT'S recommendation of any payment requested in an application for payment will constitute a representation by CONSULTANT to the CITY, based on CONSULTANT'S on site observations of the work in progress as an experienced and qualified design professional and on CONSULTANT'S review of the application for payment and the accompanying data and schedules that the work has progressed to the point indicated; that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the construction Contract Documents (subject to an evaluation of the work upon substantial completion, to the results of any subsequent tests called for in the construction Contract Documents and any qualifications stated in the recommendation). CONSULTANT will review and process shop drawings, equipment manufacturers' operation/maintenance manuals and any other data which contractor is required to submit. The review will be for conformance with the design concept and compliance with the information given in the construction Contract Documents. CONSULTANT has author- ity to determine acceptability of materials and equipment proposed by the Contractor, but may require concurrence from the CITY on some submittals. CONSULTANT will issue necessary technical interpretations and clarifications of the construction Contract Documents and prepare change orders as necessary from the Con- tractor due to unforeseen conditions. CONSULTANT will negotiate time and cost changes with Contractor, and prepare change orders on standard CITY forms in a timely manner. No revisions in design due to changes requested by the CITY OR CONTRACTOR are included in these scope of services, nor extensions of the original work which requires additional design and hence record drawing preparation. CONSULTANT will act as initial interpreter of the technical requirements of the con- struction Contract Documents, judge the acceptability of the work therein, and make recommendations on claims of Contractor. CONSULTANT will make all technical inter- pretations consistent with the intent of and reasonably inferable from the construction Contract Documents. Design changes resulting from construction conflicts or necessary to accommodate existing site conditions for work within the scope defmed herein shall be included in the CONSULTANT'S scope of services. DFBlOO14738.WPS . L CH2M HILL SERVICE AUTHORIZATION -L. DATE: May 12. 1995 PAGE 6 OF 12 CONSULTANT will issue field orders as necessary, and work change directives as authorized by the CITY. CONSULTANT will prepare record drawings of the work completed and the required FDEP certification. Certifications for construction will be limited to the scope of ser- vices performed by the CONSULTANT and will be in conformance with the rules of the Department of Professional Regulation, Board of Engineer Examiners. CONSULTANT will prepare and distribute to the CITY five sets of 11 x 17 prints, five sets of full-size prints and one set each of full-size mylar reproducible record drawings showing those changes made during construction, based on the marked-up drawings and other data furnished by Contractor to CONSULTANT. The marked-up drawings will be maintained in the field by the CONSULTANT. Task 3-Resident Engineering and Observation. The CONSULTANT will examine the project sites at intervals appropriate to the various stages of construction to observe the progress and quality of work to determine if the work is proceeding in accordance with the Contract Documents. For the purpose of well drilling activities, construction activities will be observed on an as-performed basis by the onsite project representative, who will be experienced with this type of construction. Site visits will be restricted to visits by project staff experienced in specific testing and monitoring functions and will be provided at certain critical intervals during drilling and testing. During these visits and on the basis of on site observations plus reports from the resident project representatives and submittal reviews, CONSULTANT will inform the CITY as to the progress of the work and identify when the work should be disapproved or rejected as failing to conform with the Contract Documents. CONSULTANT will conduct resident engineering and observation during the construction of the ASR well at the CITY's North Storage Reservoir. Total construction time of the first phase well construction is estimated at 16 weeks, with 40 hours per week of resident observation allocated, for an estimated 640 hours. During subsequent construction of the surface facilities, an estimated construction completion time is assumed to be 16 weeks, with 20 hours per week of resident observation time allocated, for an estimated total of 320 hours. During well construction, CONSULTANT will conduct the following geophysical logs on the ASR well during the following activities: .:--, DFB100 14738.WPS . ~ CH2M HILL SERVICE AUTHORIZATION -1- DATE: Mav 12. 1995 PAGE 7 OF 12 · Long- and short-normal electric, caliper, and gamma rayon the pilot hole to base of Surficial aquifer prior to setting intermediate well casing (approximately 400 feet) · Long- and short-normal electric, caliper, and gamma rayon the pilot hole from base of Surficial aquifer to the base of the upper confining unit prior to setting final well casing (approximately 1,000 feet) · Long- and short-normal electric, caliper, gamma ray, temperature, fluid resistivity, and TV sUIVey on the pilot hole from base of final casing to total depth of the well (approximately 1,500 feet) · Flowmeter, caliper, temperature, and fluid resistivity during pumping and packer tests (six tests assumed) · Caliper, temperature, fluid resistivity, flowmeter, and gamma ray, following completion of the well Other logs will be provided by the selected well drilling contractor. CONSULTANf will examine and log drill cuttings. On the basis of the formations encountered and the geophysical logs, the Contractor will recommend well casing settings and open-hole inteIVals for testing and final construction. CONSULTANf will obseIVe and record pumping test data during packer tests and open- hole tests. Eight specific capacity pumping tests during construction have been allocated for this project. Pumping tests are assumed to last 1 day per well. A final pumping test will be conducted following completion of the well and development of the ASR inteIVal. CONSULTANf will analyze the pumping test data and make recommendation for selecting the target ASR zone and for subsequent pump and motor sizing. Recommendation will be presented to the CITY for consideration. Also, the CONSULTANf will use the data and analyses results to modify the proposed cycle testing outlined in Task 4. A Substantial Completion inspection will be conducted by the CONSULTANf on both phases of work, along with the Contractor and· the CITY, and a punch list of deficient items prepared and issued to the Contractors. CONSULTANT will also conduct a fmal DFB1001 4738.WP5 . ~ CH2M HILL SERVICE AUTHORIZATION -L- DATE: May 12. 1995 PAGE 8 OF 12 inspection with the Contractors and City. Based on the results of the final inspection, CONSULTANT will recommend to the CITY final payment for both contracts. Task 4-Startup and ASR Cycle Testing. CONSULTANT will verify that operating and maintenance procedures and operator assistance prior to start-up and substantial com- pletion are conducted by Contractor as required by the construction Contract Documents. The CONSULTANT shall, in the presence of required personnel, observe, record, and report appropriate details relative to the test procedures and start-ups. CONSULTANT will witness major onsite equipment testing. CONSULTANT will provide the FDEP certificate that construction is completed in accordance with construction Contract Documents. CONSULTANT will assist the CITY in resolving start-up problems. Start-up services will be provided at the times and durations requested by the CITY. CONSULTANT will have the Contractor schedule manufacturers' representatives to assist CITY personnel and submit the schedule to the CITY for review and approval. If start-up problems are deemed the responsibility of the Contractor, and cause delays and additional engineering services, the Contractor will be responsible for reimbursing the CITY costs associated with the delays and additional engineering. The objective of the ASR cycle testing is to investigate aquifer responses to the storage and recovery of treated water at various rates, and estimate water quality characteristics and percent recovery of the recovered water. CONSULTANT will meet with the CITY to discuss the proposed cycle testing, and to outline the sampling and pumping procedures necessary to complete the testing, and to recommend assignments for both CITY and Consultant staff. CONSULTANT will assist the CITY in operation of the pumps and sample collection procedures, and provide written instructions for proposed lengths of each cycle, flow rates, water quality, and total-quantity-pumped criteria for starting and stopping each cycle. CONSULTANT will observe cycle testing during startup and following completion of the recharge and recovery periods for each of the five cycles proposed. CITY shall be responsible for collecting the samples and conducting the lab analyses. The actual cycle durations will be determined based on results from the construction and testing. Recovery time and total water stored and recovered may vary depending on actual recharge and recovery rates encountered in the field. The estimated duration of DFBlOO14738.WPS . ~ CH2M HILL SERVICE AUTHORIZATION -1- DATE: May 12. 1995 PAGE 9 OF 12 the five cycles is 8 months. Professional engineering services during this time is estimated at 70 hours per month for a total of 560 hours. A technical memorandum will be prepared following the completion of each cycle. Each technical memorandum will present the results of the cycle testing and make recommendations for subsequent refmement of the next cycle test. These technical memoranda will be incorporated into the engineering report discussed in Task 5. CONSULTANT will file a permit application to FDEP and PBCHU to operate the ASR system. Task 5-Engineering Report, Operation and Maintenance (O&M) Manual, and Record Drawings. As required by the FDEP permit obtained for the ASR facility, CONSULTANT will prepare an engineering report, including results of cycle testing. Included in the report will be the following: · Introduction · Construction and Testing Activities · Cycle Testing · Water Quality Measurements and Results · Conclusions · Recommendations CONSULTANT will prepare an O&M Manual for the ASR well. Included the in the manual will be the following: · Introduction · System Description · ASR Well Description · Plant Piping · Mechanical Equipment and I&C · Chemical Feed System · General System Operation · Recharge and Recovery · System Monitoring Sufficient copies of each of the reports will be prepared and submitted to the CITY for review and comment. Following incorporation of the CITY's comments, the DFB1OO14738.WP5 . . CH2M HILL SERVICE AUTIlORIZATION --L- DATE: May 12. 1995 PAGE 10 OF 12 CONSULTANT will provide sufficient copies of each of the final documents for distribution to regulatory agencies as required. B. Additional Services If requested by the CITY, CONSULTANT will provide other additional services beyond the scope as authorized by the CITY under a separate Service Authorization. Additional services may include, but are not limited to, the following: · Claims reduction and preparation for litigation involving the Contractor or third party, in connection with this project. · Providing additional copies of approved drawings, specifications, and Contract Documents for bidding and construction. · Furnishing personnel and equipment to perform bacteriological, chemical, mechanical, or other testing. · Conducting continued analysis of cycle testing beyond the 5 cycles proposed. C. Assumptions The work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, the CONSULTANT will advise the CITY in writing of the magnitude of the required adjust- ments. Changes in completion schedule or compensation to the CONSULTANT will be negotiated with the CITY. · There will be two sets of Contract Documents for the ASR facility at the North Storage Reservoir; one set for the test well, and one set for the surface facilities. · The bidding phases of the project will be completed within 60 days of advertisement. · The construction phases of the project are estimated to be completed within the following calendar days from Contractor's Notice to Proceed: DFBl0014738.WP5 . ~ CH2M HILL SERVICE AUTHORIZATION --L- DATE: Mav 12. 1995 PAGE 11 OF 12 - ASR test well-120 days - Surface Facilities -120 days · Onsite inspection by the CONSULTANT is only required during those periods when the Contractor's personnel are actively engaged in construction activities on the job site. During the progress of the project the CITY will provide the following: · Access to the sites · CITY personnel familiar with the sites · Information on the location of utilities at the sites · Permit application fee payment · Laboratory analyses during construction · Collection and analysis of samples during cycle testing D. Deliverables The appropriate number of major deliverables, as outlined in the contract between the CITY and the CONSULTANT dated , 1995, will be submitted by the CONSULTANT to the CITY. II. Compensation to the Consultant Compensation for professional consulting engineering services as described herein is estimated at a lump sum cost of $277,021. Compensation for services will be in accordance with Article VII.A.l of the AGREEMENT. Exhibit A attached presents an approximate breakdown of the labor and expense charges per the Agreement. III. Project Schedule The CONSULTANT agrees to perform the services described herein within the following estimated time periods as shown on the attached schedule (Exhibit B) unless otherwise extended in writing by the CITY. Time as stated herein refers to months from the date of receipt of a fully executed SERVICE AUTHORIZATION from the City. DFBlOO14738.WPS . ~ CH2M HILL SERVICE AUTHORIZATION ---1- DATE: May 12. 1995 PAGE 12 OF 12 Task 1 will begin upon the CONSULTANT's receipt of a written fully executed SERVICE AUTHORIZATION. DFB10014738.WPS . ~ CH2M HILL SERVICE AUTHORIZATION -1- DATE: May 12. 1995 PAGE 13 OF 12 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: CH2M HILL, INC. (Corpora~e Seal) Date: John F. Curtiss, P.E. (Date) Vice President Manager South Florida Operations Thomas E. Lynch Witness Mayor Witness Attest: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this _ day of Approved as to Legal , 1995, by John F. Curtiss Sufficiency and Form Vice President, Manager South Florida Operations, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. 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U 1:: 0 c c 0 't: 2 0 0 a. ;:) c 1;) 13 en 0 c c Q) '-' 13 0 2 "2 0 a::: "2 1:: U CI) ~ ~ 13 a ;:) ~ õ 1;) 0 0 ..... & :t: ~ U CI) ~ c ~'"' a 2 c ~ 1;) E f}. Õ 0 C 'C C Q) ..... c æ 0 U -:t:: 1;) Q) 0 a::: æ :J 0 LL _ C C Q) 13 U a B c . ~ ü 0 ~ E 0 c c a a ICIi: ~ 213 U a 2 ~ 1;) c a 8 ëi5 U ..... 'C C . 1:: 2 mæ c - ~ Q) '2 Q) 0 ~ w C Ü Q a::: 1;) 01;) e:.~ 0 Q) e en ~ U c ~ U 0 Q) c ~ 8. a 0 « a.. a::: 0 LL g. a -0 - c Ü) Q aU Ww 1;) c a Q) c 0 :t:: c ~ c f2Q ~ E c ü U w Õ .c 0) u= u .g a.. C E t ëi5 3: ~~ -U a::: ~ a::: 0 w ~ 0 Q) gæ en U en c Q :J æ LL ;:) ::æ z Q en « co en « ü: LL . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: QlftITY MANAGER SUBJECT: AGENDA ITEM # 'I·e· - MEETING OF MAY 16, 1995 ENGINEERING SERVICES CONTRACT/SHEREMETA ASSOCIATES, INC. DATE: MAY 12, 1995 This is before the Commission to approve the general civil/ sanitary consulting services agreement with Sheremeta Associates, Inc. This agreement will serve as the basis for future service authorizations issued to Sheremeta Associates for consulting engineering services. The consultant will provide all certificates of insurance required by the contract. No service authorizations will be authorized for this agreement prior to receipt of the properly executed certificates of insurance. Recommend approval of the engineering services contract with Sheremeta Associates, Inc. . . ~r1 Agenda IteJD No. Xc _~ AGENDA REOUEST Date: 05/10/95 Request to be placed on: XX Reqular Agenda special Agenda Workshop Agenda When: 05/16/95 Description of item (who, what, where, how much): Staff requests Commission approval of an agreement for General Civil/Sanitary Consulting Engineering services with Sheremeta Associates, Inc. This agreement will serve as the basis for issuance of service authorizations for consulting engineering services. certificates of insurance as required in the agreement will be provided by the consultant prior to authorization of any service authorizations for this contract. ORDINANCE/RESOLUTION REQUIRED: 1J'/NO DRAFT ATTACHED 1J'/BQ Recommendation: Staff recommends approval of Consulting Agreement with Sheremeta Associates, Inc. DEPARTMERT BEAD SXGNATURE: ~_ tQ. 5./ø. Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No. , Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " . . f?JØct MEMORANDUM TO: David T. Harden City Manager ~ FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: SHEREMETA ASSOCIATES, INC. AGREEMENT FOR GENERAL CIVIL/ SANITARY CONSULTING SERVICES DATE: May 10, 1995 Attached is an agenda request with a copy of an Agreement for General civil/Sanitary Consulting Services with Shermeta Associates, Inc. This agreement will serve as the basis for future service authorizations issued to Sheremeta Associates for consulting engineering services. The consultant will provide all certificates of insurance required by the contract upon completion of their preparation. No service authorizations will be authorized for this agreement prior to receipt of properly executed certificates of insurance. RCH: jem c: Susan Ruby C. Danvers Beatty V. Majtenyi f: T/F CM . . :JIo ,. AGREEMENT FOR ENGINEERING SERVICES FOR GENERAL CIVIL/SANITARY CONSULTING SERVICES - Consultant: SHEREMETA ASSOCIATES, INC. Date: May 16, 1995 . . , " TABLE OF CONTENTS ~ I. Definitions; General Considerations 1 II. General Duties of Consultant 3 III. Duties of Consultant; Study and Report Phase through Construction Phase and Resident Project Representative Services Phase . 4 A. Phase I - Study and Report Phase 4 B. Phase II - Preliminary Design Phase 5 C. Phase III - Final Design Phase 6 D. Phase IV - Bidding/Negotiation Phase 7 E. Phase V - Contract Phase 8 F. Phase VI - Resident Project Representative Services 11 Phase IV. Data and Services to be Provided by City 15 V. Time of Performance 16 VI. Agreement Period 16 VII. Compensation 17 VIII. Payment 17-19 IX. Miscellaneous provisions 20 A. Ownership of Documents 20 B. Copies of Documents 21 C. Insurance 21-22 D. Litigation Services 23 E. Authority to Contract 23 F. Assignment 24 G. Confidential Information 24 H. Non-Exclusive Contract 24 I. Sub-Consultants 2S J. Notices 2S K. Attachments 25 L. Truth-In Negotiation certificate 25 M. Records 26 N. Personnel 26 o. Equal Opportunity Employment; Non-Discrimination 26 P. Prohibition Against Contingent Fees 26 Q. Termination 27 R. Indemnification 27 S. Interest of the Consultant 28 T. Compliance with Laws 28 u. Jurisdiction; Venue 28 . . - , " AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 16th day of May , 19 95 , by and between the CITY oT"i5elray Beach} Florida, hereinaftërreferred to as "CITY", and Sheremeta Associates. Inc. , hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultants competative Negotiation Act, and; WHEREAS, the CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired, and; WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, the CONSULTANT shall provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATION(S). NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it· is mutually understood and agreed as follows: I. DEFINITIONS: GENERAL C9NDITIONS A. THE SCOPE OF WORK is to be implemented as set forth by -this AGREEMENT and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the CITY from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order 1 . . ~ '. . authorization is established in the CITY Code of Ordinances with provisions for expenditure level of approval authorizations. A sample form. of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work and services to be performed by the CONSULTANT and time for comple- tion of the particular phase of the work by CONSUL- TANT shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of manhours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A ci ty purchase order shall be issued with authorization identifying funds and amount of expendi tures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. CONSTRUCTION COSTS shall be the total estimated cost to the CITY of all elements of the project designed or specified by the CONSULTANT. Construction costs shall include the cost at current market rates of labor and materials furnished by the Contractor and equipment designed, specified, selected or specially provided for by the CONSULTANT, plus a reasonable allowance for the contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during con- struction. Construction cost does not include the compensation of the CONSULTANT or CONSULTANT'S subconsultants, the cost of the land, rights-of-way, financing or other costs which are the responsibility of the CITY. The CONSULTANT shall use its best judgment as a design professional familiar with the construction industry in estimating the construction cost. D. PHASES: A phased approach may be utilized. The CITY and the CONSULTANT shall have the right to negotiate the terms of each phase as contained wi thin each SERVICE AUTHORIZATION, and to reject any SERVICE AUTHORIZATION, if the parties cannot agree to the terms of the SERVICE AUTHORIZATION. In the event the parties cannot agree, the CITY may select another proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the CITY'S right to terminate the CONSULTANT'S contract during any phase of the project. 2 . . .. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSUL- TANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The CITY shall establish a budget for each proj ect awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the CITY, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the final design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the CITY. E. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely comple- tion, compliance with regulations-and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the 3 . . . . '. technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. Richard W. Sheremeta. P.E. G. The CONSULTANT designates , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the CITY. H. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the CITY Commission or any CITY approval Board, where the project is discussed, unless the City I S representa- tive declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT; STUDY AND REPORT PHASE THROUGH CONSTRUCTION PHASE AND RESIDENT PROJECT REPRESENTATIVE SERVICES PHASE The following Duties of CONSULTANT are separated into phases of the project which if approved via SERVICE AUTHORIZA- TIONS shall be performed by the CONSULTANT. The CITY may require SERVICE AUTHORIZATIONS which contain additional re- quirements applicable to the project. The CITY must authorize through SERVICE AUTHORIZATIONS, the commencement of each phase of the work. A. Phase I - Study and Report Phase If the Study and Report Phase is authorized, the following requirements shall apply. (1) The CONSULTANT shall consul t with the CITY to clarify and def ine the CITY'S requirements for the Project and review available data. (2) The CONSULTANT shall advise the CITY as to the necessi ty of the CITY I S providing or obtaining from others, data or services. 4 " · ,. '. (3) The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. (4) The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (5) The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. (6) The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmen- tal authorities having jurisdiction as afore- said) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre-design estimate of probable costs for the Project, including, but not limited to the following which will be separately itemized: Construction Cost, allow- ance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSUL- TANT shall also provide a preliminary evaluation of the city's Project Schedule. The city's Project Schedule and probabl~ construction costs shall be evaluated and updated throughout subsequent phases of the work. (7) The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II - Preliminary Design Phase If the Preliminary Design Phase is authorized, the following requirements will apply: (1) The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. S " , . . (2) Prepare preliminaFY Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. (3) Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. (4) Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present an~ review them with the CITY. (5) The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout the design development phase. (6) The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. (7) The CONSULTANT shall make available all design calculations and associated Data, and partici- pate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: (1) The CONSULTANT shall prepare construction documents which shall includ~ but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the CITY. (2) The CONSULTANT . shall in the preparation of construction documents, technical criteria, written descriptions and design data, take into 6 . r . account all currently prevailing codes and regulations governing construction in the city of Delray Beach, Florida, and shall meet the requirements of all other agencies or govern- mental authorities having jurisdiction over the project. (3) The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paraqraph I.C., which shall be reviewed by the CITY prior to going out for bids. (4) The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the project. (5) The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. (6) The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications therefore are the responsibility of the CONSULTANT. (7) The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV - Bidding/Negotiation Phase. If the bidding phase is author~zed, the following requirements shall apply: (1) The CONSULTANT shall assist the CITY in obtain- ing bids or negotiated proposals, assist in awarding and preparing contracts for construc- tion, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the City in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. (2) The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the 7 . . . . CITY in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. (3) The CONSULTANT shall issue addenda as appro- priate to interpret, clarify or expand the Bidding Documents. (4) The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S» for those portions of the work as to which such acceptability is required by the Bidding Documents. (S) Consult with the CITY concerning and determine the acceptability of substitute materials and equipment proposed by CONTRACTOR(S) when substi- tution prior to the award of contracts is allowed by the Bidding Documents. E. Phase V - Construction Phase If Contract Administration is authorized, the follow- ing requirements shall apply: (1) The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. (2) The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for -construction unless otherwise modified by written instrument. (3) The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construc- tion or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quali ty of the work completed and shall determine in general if the work is being performed in a manner indicat- ing that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certifi- 8 " , . . cation to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications, and/or approved changes or modifications thereto. (4) The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of constructiori' or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. (5) The CONSULTANT based on observations and evalua- tions of CONTRACTOR'S applications for payment, shall review and certify the amounts due the CONTRACTOR. (6) The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quanti- ty of the work is in accordance with the con- tract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further consti- tute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. (7) The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not such work is fabricated, installed or completed. 9 . ' . . . (8) The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract docu- ments. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. (9) The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary by the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of the contract time which is consistent with the intent of the contract documents. (10) The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. (11) The CONSULTANT shall interpret matters concern- ing performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable prompt- ness and within any time limits agreed upon. (12) Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the Contractor. (13) The CITY shall be the final arbiter on matters relating to aesthetics. 10 . , r . . . (14) The CONSULTANT shall render written interpreta- tions within a reasonable time on all internal disputes between the CITY and CONTRACTOR relat- ing to the execution of the progress of the work as provided in the contract documents. (15) The CONSULTANT'S interpretations on internal disputes are not binding on the CITY and the CITY may result to remedies afforded .. by this contract to resolve the issue. (16) The CONSULTANT shall provide -the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. ( 17) Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. (18) In company with the City, the CONSULTANT shall visit the project to observe any apparent defects in the completed construction, assist the CITY in consultations and discussions wi th CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. F. Phase VI - Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representa- tive's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as neces- sary. Resident Project Representative's deal- ings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate wi th the CITY with the knowledge of and under the direction of CONSULTANT. 11 . r . B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruct ion conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the city's liaison with CONTRAC- TOR, when CONTRACTOR'S operations affect the CITY'S on-site operations. 4. Assist in obtaining from the CITY addition- al details or information, when required for proper execution of the Work. s. Record date of receipt of Shop Drawings and samples. 6. Receive samples which are furnished at the site by CONTRACTOR, and notify the CONSUL- TANT of availability of samples for exami- nation. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing if the submittal has not been approved by the CONSULTANT. 8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residen- tial Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the CONSULTANT of Work that Resident Project Representative 12 . , r . . . believes should be uncovered for observa- tion, or requires special testing, inspec- tion or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSUL- TANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdic- tion over the proj ect, record the resul ts of these inspections and report to the CONSULTANT. 12. Report to CONSULTANT when clarifications and interpretations of the Contract Docu- ments are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S sugges- tions for modifications in Drawings or Specifications and report with Resident project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 15. Keep a diary or log book, recording CON- TRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific 13 - . . . observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontrac- tors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consul t with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materi- al from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any acci- dent. 21. Review applications for payment - with CONTRACTOR for compliance with the estab- lished procedure for their submission and forward with recommendations to the CONSUL- TANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance wi th the Contract Docu- ments, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requir- ing completion or correction. 14 . - . . . 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concern- ing acceptance. C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. 8. Participate in specialized field or labora- tory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually 15 . - ~ . deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The City Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The city Manager or his designee shall have the authority to the extent authorized by the City Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a notice to proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of perfor- mance and compensation shall be renegotiated, provid- ed; however, the CONSULTANT as a condition precedent to renegotiation shall notify the CITY within fifteen (15) calendar days from the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The period of service is from the date of execution of this AGREEMENT until such time as all outstanding SERVICE AUTHORIZATIONS issued have been completed. Each SERVICE AUTHORIZATION shall delineate a time for completion of the service to be rendered. 16 . . . . VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time. charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM LumD Sum Amount. Wherever possible, the scope of services for Services, Projects or· Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. 2. METHOD II - TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Comnutation of Time Charaes /Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reim- bursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the actual personnel's raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor which shall not exceed 3.0. Maximum 17 . , . permissible profit included in the overhead factor shall not exceed ten percent (10%) . The overhead factor may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibi t B may be adjusted upon AGREEMENT of the parties. b. In addition, the CITY shall pay for reimbursable expenses invoiced·· at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Identifiable transportation expenses in connection with the Project, subject to the limitations of section 112.061, Florida Statutes. Transportation expenses to locations outside the Dade- Broward-Palm Beach-Martin County area or from locations outside the Dade-Broward-Palm Beach-Martin county area will not be reimbursed unless specifically pre-authorized in the Service Authorization. (2) Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's personnel subject to the limitations of Section 112.061 Florida Statutes. Meals for travel inside Dade-Broward- Palm Beach-Martin county will not be reimbursed. Meals and lodging expenses will not be reimbursed for temporarily relocating CONSULTANT'S employees from one of CONSULTANT'S offices to another office if the employee is relocated for more than ten (10) consecutive working days. Lodging will be reimbursed only for room rates equivalent to Holiday Inn, Howard Johnson or Ramada Inn. 18 . . . . (3) Actual cost of identifiable courier and express mail services. (4) Actual expense of reproductions, of Drawings and Specifications for bidding and contract execution including duplicate sets at the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (5) Actual expenses of testing, laboratory services, and field equipment. (6) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (7) Actual cost of all permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required for the construction contractor. Reimbursable subconsultant expenses are limited to the items described above when the subconsultant agreement provides for reimbursable expenses. Non-reimbursable expenses, include but not limited to the following: computer hardware and software costs, word processing, Auto Cadd, progress prints, etc. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an addition overhead factor which shall not exceed ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. 19 . , ~ . . C. Total Compensation (including, but not limited to compensation for sUb-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII. PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT wi thin thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. OwnershiD of Documents: A set of reproducible mylar drawings, and C . A. D . disks in a format compatible with CITY'S Computer system, shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including patent and copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such 20 . , . L . . documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation i software, is provided to the CITY for convenience only. B. CODies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval' through the CITY'S processes, as well as other governmental authorities. See also Section III (C) (7) for additional requirements. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this AGREEMENT which are provided by the CONSUL- TANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: wi thout limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance wi th the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer's Liability with limits of $100,000 per person, $500,000 per occur- rence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of One Million Dollars C$l.OOO.OOO.OO} per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without 21 . . . . restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or operations b. Independent Contractors c. Products and Completed operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMEN!1' , coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of Three Hundred Thousand Dollars ($ 300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability pOlicy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owneq Vehicles c. Employers' Non-Ownership 4. Professional Liability Insurance with minimum limits of Two Hundred. Fifty 'Ito JAR,"", fin 11 "'T1i-_ ($ 250., 000 00 ) per occurrence. Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a certificate of Occupancy is issued. City will retain the right to require additional coverage if it deems necessary based upon individual project construction budget. 22 .0 , . . S. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencinq the insurance coveraqe specified in the foreqoinq Paraqraphs Cl, C2, C3, C4. All policies covered within subparaqraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liabili ty on policies referenced in subparaqraph C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paraqraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paraqraph 4 above for the CITY'S review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, includinq that applicable to the CITY as an Additional Insured, shall apply on a_primary basis. D. Litiaation Services: It is understood and aqreed that CONSULTANT'S services include reasonable participation in litiqation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall ~ include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an additional service. E. Authority to Contract: The CITY represents that it is a municipal corporation with the authority to enqage the 23 . . . . CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. F. Assianment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law'; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate wi th the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1- Sharing technical information developed under contract with tbe CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 24 " . . . I. Subconsultants: In the event the CONSULTANT, during the course of . the work under this AGREEMENT requires the services of any subcontractors or other profes- sional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be gi ven by written notice, sent by registered united States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: City of Delrav Beach city Manager city of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 CONSULTANT Sheremeta Associates, Inc. 101 S.E. 6th Avenue Delrav Beach. FL 33483 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-tn-Negotiation certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in- negotiation certifi- cate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. 25 . . , M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representati ve at mutually conve- nient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel reqUired in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for perform- ing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZA- TION. Key project personnel will be identified for each project and expected to perform the work assign- ment as can reasonably be expected, and as approved by the CITY. o. Eaual ODDortunitv EmDlovment: Non-Discriminati9n: CONSULTANT agrees that it will not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Aaainst continaent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, pèrcentage, gift, or any other considera- tion, contingent upon or resulting from the award or making of this AGREEMENT. 26 . ' ~ . , Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no faul t of the terminating party. The CONSULTANT and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to either one or the other. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSUL- TANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be .given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior . to the CONSULTANT'S destruction of any of the above- referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termina- tion of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: The CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and . defend the City, its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnifications contained herein shall survive the expiration or earlier termination of this Agreement. 27 . , . L . . The monetary limitation on the extent of the CONSULTANT'S liabili ty shall be one million dollars ($1,000,000.00) . Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Comnliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. u. Jurisdiction: Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State civil Courts of Palm Beach County, Florida. Any dispute between CONSUL- TANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County Court. V. Attorney's Fees: In the event a suit is filed in court arising out of this agreement, then the prevailing party shall be enti tled to recover from the other party all costs incurred, including reasonable attorney's fees, including attorney's fees and costs on appeal. 28 . . . , . w. ¡nternal DisDute Between Owner and Consultant: The city Manager shall be the final decision maker regarding internal disputes between CITY and CONSUL- TANT. x. Project Schedulina: CONSULTANT shall provide scheduling to the city based on the construction scheduling program PRIMAVERA and provide the CITY, within ten (10) days of the date of commencement as contained within the service author- ization, a diskette with the proposed program sched- ule. During the course of the work, CONSULTANT shall provide monthly updates with a written description of any changes in the schedule. The diskette shall be in a format compatible with the CITY'S computer system: Y. Extent of Aareement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the City Commission and CONSULTANT. IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Hayor, and attested and its official Seal to be hereunto affixed by its City Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. INC. CITY OF DELRAY BEACH, FLORIDA By: By: MAYOR W. Sheremeta, Pres. ATTEST: or Type) \ City Clerk Approved as to Form: City Attorney 29 . . . . CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this lOth day of May , 1995 by Riçhard W. Sheremeta President (name of off1cer or agent, title of officer or agent), of Shereme1:a. ~sociat'P-s,Tnl'" (name of corporat on acknowledgIng), a Flòrida (state or place of incorporation) . corporation, on behalf of the corporation. He/She is (personally known to me) (Q]õ:--Aa.s.---p~ooUCQd - id.ent j f i.cat ; on >- N/A (~ -~---iQaÐtification~___~ i-deM-y..~i:Gn-) and fd-id/did not) take an oath. . ~ OFFICIAL NOTARY SEAL S1gnatu of Person MARGARET C KENNEDY Acknowledgment NorARY ruBUC Sf ATE OF F: ,OR IDA COMMISSION NO. CC34ó096 MY COMMIS510N EXP. FEB. 31998 Name of Acknowledger Typed} Printed or Stamped ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL 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 produ~ed (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 30 . , . . . ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of acknowledging partner or agent) of , partner (or agent) on behalf of He/She . ( name of partnership), a partnership. 1.S (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or stamped 31 . ~ " . CITY OF DELRAY BEACH EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: This Service Authorization, when executed, shall be incorporat- ed in and shall become an inteqral part ot the Contract. Title: I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE 32 .. , . '. . This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the city in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date Thomas E. Lynch Witness Mayor Witness Attest: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this Approved as to Legal day of , SUfficiency and Form ~ ---- (name of officer or agent, title of officer or agent), (Name of corporation Acknowledging), a (state or place of incorporation) corporation, on behalf of - the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgement Signature of Acknowledger Typed, Printed or Stamped 33 . L .... ~ . ' " , . t SHEREHETA ASSOCIATES, INC. EXHIBIT B fS~lrE-)- Hourly Hourly Raw Raw Salary Salary Rate Rates 'rimes 3.00 MUlitpler Employer category Professionals -- Engineers, Architects, Planners, Economists, scientists, Hydrologists, Hydrogeologis~s, Geologists Principal 31.25 93.75 . . Registered Engineer 26.45 79.36 Project Engineer l8.50 55.50 Techniqians -- Drafters, Graphic Artists, computer, surveyors, cartographies, Construction Inspectors CADD Operator l6.67 50.00 Technician/Drafter lS.OO 45.00 Field Representative lS.OO 45.00 . Office support . Project Coordinator/Adm 'is.OO - . 45.00 Clerical lO.OO -- 30.00 . 34 . . . ..' . EXHIBIT C SAMPLE SAMPLE -- COST NOT TO EXCEED FORMAT INVOICB city of Delrav Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order # . Period ending: . LABOR Class Em910yee Name ~ Hours Amount Subtotal Labor $ EXPENSES Computer Word Processing Auto Rental Postage/Freight Air Transportation print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE $ COST SUMMARY Contract Amount $ Amount Earned This Period $ Amount Previously Earned Amount Remaining $ 3S " . L ,. ", . EXHIBIT C (continued) SAMPLE INVOICE -- LUMP SUM FORMAT INVOICB citv of Delrav Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order . P$riod ending . Total Fee $ % Complete $ Less Previous Billings Total Earned This Period $ TOTAL AMOUNT DUE THIS INVOICE $ 36 . . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM : ~ITY MANAGER SUBJECT: AGENDA ITEM # ~. [). - MEETING OF MAY 16 , 1995 CHANGE ORDER NO. 2 AND FINAL PAYMENT/HARDRIVES OF DELRAY. INC. DATE: MAY 12, 1995 This is before the Commission to approve Change Order No.2, a credit in the amount of $5,910.64, and final payment in the amount of $13,134.86 to Hardrives of Delray, Inc. for their work on the North Tank Site/City Attorney Parking project. The change order includes a credit for final unit price adjust- ments and other miscellaneous modifications to the project. Funding is available from Water and Sewer North Tank Site - City Attorney Block (Account No. 441-5161-536-63.91). Recommend approval of Change Order No. 2 and final payment in the amount of $13,134.86 to Hardrives of Delray, Inc. . Agenda Item No. ~./) AGENDA REQUEST Date: May 1, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 16, 1995 Description of item (who, what, where, how much): Staff request City Commission approve Chanqe Order #2, a credit in the amount of $5,910.64 and Final Payment in the amount of $13,134.86 to Hardrives of Delray for their work on the North Tank, City Attorney Parkinq Project. Fundinq is available in Account #441-5161-536- 63.91- ORDINANCE/RESOLUTION REQUIRED: Not required Recommendation: Staff recommends City Commission approval of Chanqe Order #2 and Final Payment in the amount of $13,134.86 to Hardrives of Delra for Tank, Cit Attorne Parkinq Project. 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:~/ 0 Funding alternatives ~~ (if applicable) AccountNo. & Description 1- L.v'~+ S"~ ("'~."NIt.... (.wiv /~f Account Balance "/1. o Lf5',t;?> 071~) / City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9233\agreqS1G . . fJððf , - - - ENVIRONMENTAL SERVICES DEPARTMEN~~¡'=CE¡VE MEMORANDUM ¡~L~Y 1 D 1995 To: David T. Harden City Manager ¡. ''\-, i,.) From: José AgUila~ Asst. Const ction Manager Date: May 1, 1995 Subject: AGENDA REQUEST North Tank Site/City Attorney Parking Project No. 92-33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is a request for City Commission approval of Change Order #2, a credit in the amount of $5,910.64, and Final Payment in the amount of $13,134.86 to Hardrives of Delray, Inc. for their work on the North Tank Site/City Attorney Parking Project. The work has been completed and reviewed by City staff for compliance with the contract documents. This request includes a credit, via Change Order #2, for final unit price adjustments and other miscellaneous modifications to the project. Funding is available from account #441-5161-536-63.91. I have attached a contractor performance evaluation report for your review. cc: William Greenwood File 92-33 (A) \esd\9233\agmemS16 . , . . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 Final PROJECT NO. 92-33 DATE: May 1, 1995 PROJECT TITLE: North Tank Site / City Attorney Parking TO CONTRACTOR: Hardrives of Delray, 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: Provides for final unit price adjustments as necessary based on field adjustments, modifications and final measurements. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $161,420.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 11,485.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $172,905.00 COST OF CONSTRUCTION CHANGES THIS ORDER (CREDIT) ($ 5,910.64) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $166,994.36 PER CENT DECREASE THIS CHANGE ORDER 3.66% TOTAL PER CENT INCREASE TO DATE 3.45% EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE---cI CALENDAR DAYS TO 3/4/95 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 441-5161-536-63.91 DEPARTMENT FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER MAYOR ATTEST: APPROVED: By: City Attorney City Clerk \esd\9233\co2ag516 .. ' . . ~. . STREETS . GRADING . ROCK 8c FILL . CONCRETE WORK RDRIVES, INC. PHON E 278-0415& 2350 SOUTH CONGRESS AVENUE DELRA Y BEACH, FLORI DA 33445-7398 May 9, 1995 Jose Aguila, Asst. Proj. Mgr. City of Delray Beach Environmental Services 434 S. Swinton Avenue Delray Beach, FL 33444 Jose: As per our conversation, listed below is an itemized tabulation of items for Change Order #2: Miscellaneous Items: Deduct for irrigation pump not installed (1,800.00) Add for cantilever gate construction 1,592.75 Additional landscape as requested by Nancy Davila 144.33 Thermoplastic credit, painted markings installed (1,260.52) Sub-total miscellaneous items (1,323.44) Listed below are the field measure adjustments. Please note that not all contract items are listed, only those where variances occurred between contract quantity and actual installation. 'ill , . . J. Jose Aguila City of Delray Beach May 9, 1995 Page Two Field Measure Adjustments Plan Installed Unit Item Quantity Quantity Variance Price Total I Remove/replace fence 550 LF 569 LF 19 9.40 178.60 I : Type "B" stabilization 3,950 SY 3,751 SY (199) 2.00 (398.00) 8" limerock base 3,950 SY 3,751 SY (199) 6.80 (1,523.20) 1-1/2" asphalt 3,950 SY 3,751 SY (199) 3.40 (676.60) Type "D" curb 850 LF 970 LF 120 6.60 792.00 Flush header curb 110 LF 96LF ( 14) 8.50 (119.00) Concrete sidewalk 1,275 SF 995 (280) 2.20 (616.00) Utility allowance lEA .99EA ( .01) 5,000.00 (50.00) Video allowance 750.00 305.00 (445.00) N/A (445.00) 2" water service lEA 0 (1.00) 1,900.00 (1.900.0Q) Subtotal; field adjustments (4,587.20) Total Change Order #2 (5,910.64) If you have any further questions, do not hesitate to call. Sincerely, ~C~- Rafael Ballestero Project Manager RB:emg . , . ¿¡~J(-~<t.;)- r~J." C1"t1:111'1CCR 1 rc uc:I" I CIC:JCI .-~ ..J", ~ ~w . """....:;0 . ( ) - APPL:J:CAT:J:ON AND CERT:J:F:J:C.ATE FOR PAYMENT pro:jec::t.: DIll C%2r œ JDr.JIIW aACII, DWL _ ~ Appl1caUali .0: 5 & Final ~Ta: 4/28/95 AUIU Jose Aguila ~ u.te: 12-20-94 Via : &a:dl:t.uc:Iõ.. rzojeet. -.: 92-33 CIIIIIa OIDIIII UI'JÐQD m 'lSIS Rll%CID appUcadœ 18 __ ~ ~ .. ..... 1Ie1.CIf. 11). DIID JZlDDIœa MlDllC't%Clla fa. ~ etat1la of =- ~ ~ w. CaIIU_ 18 _ rau-: "' ~~L ~ .u. ........................... 161,420.00 2 5/1/95 (5,910.64) i .. ~ BY CIIUII:It 0IDD8 ..................... - 5,574.36 ~... m DI!I!B ............................ - 166,994.36 ~.~ a Ift.Q1ŒD m DMZ ................ - 166r994.36 JllDIJIII'JI: 0' or ~ Ia& ............... - 0.00 ~ ~T"~ ................................. _ 0.00 maL EÞaD r.aa -~'IP' ..................... - 166,994.36 c:mœarr: - (5,910.64) 'IUW. l'DVtaDB AIUJm'II ca:m'DD ................ - 1 53 , 859 . 50 :car. iœ CUIRIIr I~ DUI ............................. - 13,134.86 ø&4AIuD PDIODa: 11,485.00 1UoIII<:I 'l"O IIIIIII I.'LDII .., T1nmI .. . ... . . . . . . . . .. - 0.00 =:M.: - 5,574.36 INØaIf ~~~ ................................ COlf'l"RACTOR · S APPLlCATIOB !'OR. PAYJIEB'l' CERTIFIED BY Signed: oj ~ #- Signed: By: W. Allen Poston, Vice President By: Date: 6'- 0/' - "S- Date: ! ; " ' . I, II" l II FINAL RECEIPT II STATE OF FLORIDA COUNTY OF PAlM BFAŒ II W. Allen Poston beinq first duly sworn, deposes and says as follows: II 1. He/she is Vice President of Hardri Yes , Inc. (Title) (Name of corporation or Firm) a Florida corporation which . named in II 1S Construction Contract dated the 20th day of December , 19 94 , between said corporation as the CONTRACTOR and the CITY OF DELRAY BEACH , FLORIDA (the CITY) as the OWNER for the II construction of: II NORTH TANK/CITY ATTORNEY OFFICE SITE MODIFICATIONS CITY OF DELRAY BEACH PROJECT NO. 92-033 ~ 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to all work, materials and II 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 II performing or furnishing the work, labor or materials under the Contract. III 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $ , ~ I \ "S 4 . ~ <0 shall consti tute 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. .' , II 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use I Tax Act), as amended, have been paid and discharged. II --~ II I FR-1 - . . II' . II.. - 5. This statement under oath is given in compliance with sections 7~3.05 and 7~3.06, Florida Statutes. II Hardri ves, Inc. II Signed and sealed in A~rnt~~ the presence of : f~gnature ø¿ç.~ II Vice President Title I Sworn to and subscribed before me this ...:f +h day of M a.. \.../ ~9 9....5 , . I - f" t r ~ I ,') \ .,. { .~11(\ / ~ ¡~'->, I Notary Public -- State of Florida My Commission Expires: I (SEAL) ..."..'<'o"{ °Ú<s> EilEEN GELLER ~'A~ COMMISSION # CC421485 ~ iff EXPIRES NOV 17,1998 "9'....~" BONDED THRU I "E'O~ f\S> ATLANTIC BONDING CO., INC. . . III , III II III III· III FR-2 . , . ~ CITY OF DELRAY BEACH CONTRACTOR'S PAST PERFORMANCE REPORT PERFORMANCE RATING AVERAGE I 2.95 I PROJECT North Tank Site/City Attorney Parking PROJ. # 92-33 DATE April 25, 1995 Hardrives of Delray (Contractor Name) 2350 S. Congress Ave. Parking Lot & Landscape (Mailing Address) (Type of Work) Delray Beach, Florida 33445 $ 170,000.00 (City, State, Zip) ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A. , B. , C. , etc. ) , are I terns, (1. , 2. , 3. , etc. ) , to be graded by the Project Engineer as follows: 1 - Unsatisfactory 4 - Above Satisfactory 2 - Marginal 5 - Excellent 3 - Satisfactory The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score 42/14 = 3.00 Section II Score 85/29 = 2.93 Overall Score 27/43 = 2.95 . ' . . SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. 1. Preconstruct ion Conference preparation and presentation. 3 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in_particular phases or overall project completion 2 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 3 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 3 5. Supervision of work crews. 3 6. Preparation of shop drawings and submittals. 2 B. Negotiation of Contract modifications, project record- keeping and project documentation. 1. Organization and completeness of data submitted for potential claims. extra work and time extensions. 3 2. Organization and availability of project records. 3 3. Furnishing of required certifications of materials, delivery tickets and invoices. 3 C. Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. 1. Notifying the City of problems before the work is continued. 4 2. Effecting changes within the scope of the Contract as instructed by the City. 4 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 3 4. Responding to correspondence from the City. 3 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather. leaving the job or other circumstances. 3 SECTION I TOTAL ...... ( 42 ) " ' . ~ SECTION II WORK PERFORMANCE A. Execution of the Work. 1. Effort to complete the work within Contract time plus authorized extensions. 2 2. Punctuality in starting the work and completing critical intermediate phases. 2 3. Effort in performing work on all production items available throughout the project. 3 4. Manpower commitment in perform the work. 3 5. Knowledge and competency of work force in performance of assigned job duties. 3 6. Accuracy and dependability survey layout. 3 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration . 4 8. Availability of project superintendent. 2 B. Work effort and product quality control. 1. Quality of work completed. 4 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 3 3. Effort to provide and maintain adequate survey station markers and grades. 3 4. Pre-planning on complicated work to assure a smooth operations. 3 5. Quality of the work with normal inspection. 4 C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. 1. Maintenance and lighting of approach warning signs and barricades both day and night. 3 2. Adequacy of traffic flagman, including training and equipment. -- 3. Response time in correcting jobsite conditions hazardous to the general public. 3 4. Signing, (informational, special detour, lane closure, etc.) , including required striping and maintenance. -- 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. -- 6. Securing project at the end of each workday, weekends and holidays. 3 . , . . Work Performance Page 2 D. Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. l. Availability of sufficient equipment for performance of the work. 3 2. Service and repair of equipment to insure a quality product. 3 3. Use of proper equipment on designated work. 3 4. Operator performance on equipment being utilized. 4 5. Utilization of trained and competent personnel for all equipment. 4 E. Compliance with E.E.O., labor, training and on-site safety. l. Maintenance of the worksite in a safe and clean condition. 3 2. Employees adherence to Contractors safety policy and City safety requirements. 3 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. -- F. Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. l. Providing required notice to the City regarding planned operations affected by utilities. 3 2. Coordination with utility companies in protection of existing facilities. 2 3. Effort to work with utility companies as necessary in correcting unforeseen problems. 2 G. Final completion of the project. l. Effort in expediting project clean-up. 3 2. Effort in minimizing punch list items. 2 3. Submission of all final paperwork and documentation. 2 SECTION II TOTAL ...... ( 85 ) . , . . PROJECT ENGINEERS REMARKS SUPPORTING GRADES This paving contractor worked very well with City staff. The work was generally acceptable and their effort to satisfy the contract and other requirements was above average. (Attach Additional Remarks) Submitted Manager Construction , , . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # <:6,£ - MEETING OF MAY 16, 1995 CHANGE ORDER NO. 3 AND FINAL PAYMENT/FLORIDA DESIGN CONTRACTORS INC. DATE: MAY 12, 1995 This is before the Commission to approve Change Order No. 3 in the amount of $1,110 and final payment in the amount of $47,336.50 to Florida Design Contractors, Inc. for completion of Golf Course Production Wells 35 and 36. Change Order No. 3 reflects a credit to the City for landscape material not used, and consists of final adjustments for well pipe footage used, which could only be determined after the well was drilled. Recommend approval of Change Order No. 3 and final paYment in the amount of $47,336.50 to Florida Design Contractors, Inc. Funding is available from the 1993 Water and Sewer Revenue Bond - Golf Course Wells (Account No. 440-5179-536-63.52) . " . . Agenda Item No. g.£ AGENDA REQUEST Date: April 28, 1995 Request to be placed on: X Regular Agenda Special Agenda workshop Agenda When: May 16, 1995 Description of item (who, what, where, how much): Staff request City Commission approve Change Order #3 in the amount of $1,110.00 and Final Payment to Florida Design in the amount of $47,336.50 for their work on the Golf Course Production Wells #35 & #36. Funding is available from the 1993 Water & Sewer Revenue Bond, Golf Course Well Account #440-5179-536-63.52. ORDINANCE/RESOLUTION REQUIRED: Not required Recommendation: Staff recommends approval of Change Order #3 in the amount of $1,110.00 and Final Payment in the amount of $47,336.50 to Florida Desi n for their work on the Golf Course Production Wells #35 & #36. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available:~NO Funding alternatives (if applicable) Account No. & Descriptiontfló~7171-73t..--h'3,s;'J-Cf1}+5 &()A./D (en 3 :z¡v.,¡?kpt,M~ Account Balance:~1 µ.C;V(porÞ 7XJ$b) &'ofF cc,J.e1.E- ~t:::US:) ,/ I/IIO.¿'" (~~,,~ ~~) ~4t r(. - City Manager Review: )..- {¡(7~ Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9224\agreqS16 '. . . ~ t'(';::¡\/(::\i ENVIRONMENTAL SERVICES DEPARTMENT _w:1>o..} L_. \, 1_ ,-_.J MEMORANDUM MAY 1 0 1995 To: David T. Harden CiTY - r!~ ~ City Manager --~ - José A9Uil~ ,. From: Asst. Construction Manager Date: April 28, 1995 Subject: AGENDA REQUEST Golf Course Production Wells 35/36 Project No. 92-24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is an agenda request for City Commission approval of Change Order #3 in the amount of $1,110.00 and Final Payment in the amount of $47,336.50 to Florida Design Contractors for their work on the Golf Course Production Wells #35 & #36. The work has been completed and accepted by the consulting engineers and City staff. Change Order #3 consists of final adjustments allowed in the original contract for well pipe footage used, which could only be determined once the well was drilled. Additionally, the Change Order reflects a credit to the City for landscape material not used per City staff direction. The City will be implementing a more detailed landscaping plan in the near future. Funding is available in the 1993 Water and Sewer Revenue Bond, Golf Course Wells Account #440-5179-536-63.52. I have attached a contractor evaluation form for you review. cc: William Greenwood File 92-24 (A) \esd\9224\agmemS16 " . . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. ( 3 ) Final PROJECT NO. 92-24 DATE: April 27, 1995 PROJECT TITLE: Golf Course Production Wells #:35 & #36 TO CONTRACTOR: Florida Desiqn Contractors 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: Contractor is to provide appropriate credit for omited landscape material as directed by the City and all labor, material and equipment necessary for the complete installation of well footaqes as required and measured in the field. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $884,500.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 40,030.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE $924,530.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 1,110.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $925,640.00 PER CENT INCREASE THIS CHANGE ORDER 0.13 % TOTAL PER CENT INCREASE TO DATE 4.65 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 1/18/95 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. FLORIDA DESIGN (contractor) HAZEN & SAWYER (engineer) (sign & seal) (sign) (seal) TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 440-5179-536-63.52 DEPARTMENT FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: City Attorney City Clerk \esd\9224\co#3form " . ~©¿§)p , C~~'jj:!..J.C"C~3 Marc.'1. 23, 1995 Mr. Joe Holland Hazen 6& Sawyer 2101 Corporate Blvd. Suite 301 Boca Raton, Florida 33431 RE: CITY OF DELRAY BEACH GOLF COURSE WELLS #35 6& #36: Dear Mr. Holland, Three items need to be addressed in closing our final payment and change order for t~e above mentioned project. A landscape credit of $ 720.00 is due back to the owner based on 48 Ficus shrubs @ $ 15.00 each spaced @ 36" O.C. The extra Well footages were paid for but are not included in any change orders. This was an extra $ 1,830.00 to the contract. Below you will find a breakdown of final amounts. Original Contract $ 884,500.00 Previous Approved Change Orders 40,030.00 Sub Total $ 924,530.00 Landscape Credit <720.00:> Well Footages 1,830.00 F:nal Contract Amount $ 925.640.00 With regard to the Generator Re-inspection charge I spoke with Patty Gringeri of RMI last week. She stated that the firs~ bill to Power Solution is going out in the mail. Basically they had not billed them as of our conversation. They did state that the charges are in the amount of $ 550.00. Should you have any questions, please contact me at my office. Sincerely, FLORIDA DESIGN CONTRACTORS, INC. Philip Mintzer PM:cg 1326 South Killian Drive ì Lake Park. Florida 33403 (407) 845-1233 Fax: 848-5992 ~c.dMc.n- . ~""'GC~ " , . . MAY 2 '95 7: 1 ø FROM HAZEN SAWYER-BOCA PAGE.ØØl - HAzEN AND SA\WER Hazen and Sawyer, P.C. 2101 Corporate Blvd. Environmental Engineer.s & Scientists Boca Raton. FL 33431 407 i97 -8070 Fax 407 991·8159 May 2, 1995 Mr. Jose Aguila CITY OF DELRAY BEACH 434 South Swinton Avenue Delray Beach, Florida 33444- City of Delray Beach Environmental Services Department Golf Course Well Nos. 35 and 36 and Cleaning Raw Water Main Project No. 94-24 and..&i3 Dear Mr. Aguila: . We hereby recommend final aœeptance of the project known as the :City of Delray Beach, Golf Course Wens and Pipe Une Cleaning, as executed by Flol1da Design Contractors, Inc. This recommendation is based on our inspection of the project and satisfactory performance informadon provided to us by City personnel. .' We look forward to our continued, successful working relationship with the .City of Delray Beach. Very truly yours, , HAZBN AND SAWYER, P.C. ~It,~~~. Joseph M. HoIlandt P .E. Project Manager c: 4093-7.1 4093L032.SCA NIIW VOl\. NY . Armottk. tI'f . UDDer SIddle 'RMw. NJ I ~ Mr. .. r.tra.rWID ~ . CI~A \/A . u..",-- CI _ IS........... ".oL._ r'" '. ..__ ____ ... . 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'" u. no II Drølôo,3.Q:: "\:)U)..,.a:, (nil ~""_UIó,¡Q.lþ'\_'''''1::If'IImftlll II C::~ Gi.... oUCI C'1::I=' K ¡ ~:: >%_- .~~~~ ~:: ~~~~~~~~~~6ße:::: 8~ a ~ ...8~ ·~~.2 ~ II _OC:>u c.("""'....O II II" O. ¡¡z QJ ........>..... ~ II ',- -- - Q _~ ,..:> "II _ n II Ii _ = 0 c. _~ _ Q' -'J g" -'1 w.....c....... ~---'- .." 11...11 .,,1;1 L-,~' .-øC,lG/ .:¡;;...........¡ ::0 II 1.1-. II _. II ~ II c: ..: fa _ ü... c: ~II _. =~II¢ II~II -_u ~ ._~P~ ~ 0.1 II r - ¿I II - -=-- c... ,...-¡ _ II ..:I:. II O. ...... '" 1\1 c..~ .;. tD 1'1:1 VI .... ~:: ~ ~ ~~:: _~~J_~~~.~~____::~:: ...~ § ~ ~ ~$~ ~ WI! _ L..L.- II II_II c.-..:;:: ~ _ ~ _._-1 i..-J . ' ~ ~ FINAL RECEIPT STATE OF FLORIDA COUNTY OF Palm Beach Thomas H. Clarke being first duly sworn, deposes and says as follows: 1. He/she is President of Florida Design Irrigation, Inc. (Title) (Name of Corporation or Firm) a F'nrin~ corporation which is named in Construction Contract dated the 7qtn day of March , 19 94 , between said corporatiol1 as the CONTRACTOR and the CITY OF--cELRAY BEACH, FLORIDA (the CITY) as the OWNER for the construction of: PROJECT NAME: Golf Course Wells No. 35 and 36 and Cleanina Raw Water Main CITY OF DELRAY BEACH PROJECT NO: 92-24 and 93-31 CONSULTANT PROJECT NO: 4093 and 4136 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 $ 47,336.50 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 cons~ruction 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 L~ I " . f 5. This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida Statutes. nc. Signed and sealed in the presence of : Sworn to and subscribed before me this 25th day of April , 19 95 . æú~ Notary Public ¿~D~ PH/UP H. M/N1ZER State of Florida ; : :*ª MY COMMISSION , CC390520 EXPIRES ~.. 0!'C',: My Commission Expires: '>1,~.....~.,~ July 6, 1998 'Rr..r.','" BONDED THRu TROY FAIN IHSURAHŒ, INC. (SEAL) . - ¡ . FR-2 . , . . CITY OF DELRAY BEACH CONTRACTOR'S PAST PERFORMANCE REPORT PERFORMANCE RATING AVERAGE I 3.50 I PROJECT Golf Course Production Wells #35 & #36 PROJ. # 92-24 DATE April 27, 1995 Florida Design Contractors Contractor Name) 1344 S. Killian Drive Production Wells (Mailing Address) (Type of Work) Lake Park, Florida 33403 $ 925,000.00 (City, state, Zip) ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A. , B. , C. , etc. ) , are Items, (1. , 2. , 3. , etc. ) , to be graded by the Project Engineer as follows: 1 - Unsatisfactory 4 - Above Satisfactory 2 - Marginal 5 - Excellent 3 - Satisfactory The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score 54/14 = 3.86 Section II Score 107/32 = 3.34 Overall Score = 3.50 ;~ I . . SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. 1. Preconstruction Conference preparation and presentation. 4 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in_particular phases or overall project completion 3.5 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 4.5 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 5 5. Supervision of work crews. 4 6. Preparation of shop drawings and submittals. 4 B. Negotiation of Contract modifications, project record- keeping and project documentation. 1. Organization and completeness of data submitted for potential claims, extra work and time extensions. 3 2. Organization and availability of project records. 3 3. Furnishing of required certifications of materials, delivery tickets and invoices. 4 C. Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. 1. Notifying the City of problems before the work is continued. 4 2. Effecting changes within the scope of the Contract as instructed by the City. 4 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 4 4. Responding to correspondence from the City. 3 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the job or other circumstances. 4 SECTION I TOTAL ...... ( 54 ) . ' · SECTION II WORK PERFORMANCE A. Execution of the Work. I. Effort to complete the work within Contract time plus authorized extensions. 3 2. Punctuality in starting the work and completing critical intermediate phases. 4 3. Effort in performing work on all production items available throughout the project. 3.5 4. Manpower commitment in perform the work. 3.5 5. Knowledge and competency of work force in performance of assigned job duties. 4 6. Accuracy and dependability survey layout. 3 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration) . 3 8. Availability of project superintendent. 4 B. Work effort and product quality control. I. Quality of work completed. 3.5 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 3.5 3. Effort to provide and maintain adequate survey station markers and grades. 3 4. Pre-planning on complicated work to assure a smooth operations. 4 5. Quality of the work with normal inspection. 4 c. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. I. Maintenance and lighting of approach warning signs and barricades both day and night. 3 2. Adequacy of traffic flagman, including training and equipment. 2.5 3. Response time in correcting jobsite conditions hazardous to the general public. 3.5 4. Signing, (informational, special detour, lane closure, etc.) , including required striping and maintenance. 3 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. 3 6. Securing project at the end of each workday, weekends and holidays. 3 " , . Work Performance Page 2 D. Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. l. Availability of sufficient equipment for performance of the work. 3 2. Service and repair of equipment to insure a quality product. 3 3. Use of proper equipment on designated work. 3 4. Operator performance on equipment being utilized. 3 5. Utilization of trained and competent personnel for all equipment. 3 E. Compliance with E.E.O. , labor, training and on-site safety. l. Maintenance of the worksite in a safe and clean condition. 3 2. Employees adherence to Contractors safety policy and City safety requirements. 3 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. -- F. Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. l. Providing required notice to the City regarding planned operations affected by utilities. 3 2. Coordination with utility companies in protection of existing facilities. 4 3. Effort to work with utility companies as necessary in correcting unforeseen problems. 4 G. Final completion of the project. l. Effort in expediting project clean-up. 3 2. Effort in minimizing punch list items. 4 3. Submission of all final paperwork and documentation. 4 SECTION II TOTAL . . . . . . ( 107 ) . , - - PROJECT ENGINEERS REMARKS SUPPORTING GRADES Florida Design Contractors performed well on this project. They were good to work with and made every effort to work with City staff during the project schedule. The quality of their work was commendable. (Attach Additional Remarks) \ Submitted ~ Ass. -Co ction Manager D 1/ ~ ~ t t' epu y lrec or 0 Cons ruc lon " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~. F. - MEETING OF MAY 16, 1995 CHANGE ORDER NO. 2 AND FINAL PAYMENT/INTERCOUNTY ENGINEERING, INC. DATE: MAY 12, 1995 This is before the Commission to approve deduct Change Order No. 2 in the amount of $4,782.24 and final payment in the amount of $7,653.50 to Intercounty Engineering for the Golf Course onsite utilities project, and for other work authorized in Change Order No. lo Recommend approval of Change Order No. 2 and final paYment in the amount of $7,653.50 to Intercounty Engineering, with funding from Water and Sewer - Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83) . . , · Agenda Item No. ~.I". AGENDA REQUEST Date: May 9, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 16, 1995 Description of item (who, what, where, how much): Staff request City Commission approve deduct Chanqe Order #2 in the amount of $4,782.24 and Final Payment in the amount of $7,653.50 to Intercounty Enqineerinq, Inc. for their work on the Golf Course On Site Utilities project. Fundinq is available in Account #442-5178- 536-61.83. ORDINANCE/RESOLUTION REQUIRED: Not required Department head signature: )' Determination of Consistency wi th Comprehensive Plan: Ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all.items involving expenditure of funds): Funding available:~~~NO Funding al ternati ves N/A- (if applicable) Account No. & Descripti n WA'n:. t .r-€IAI~ /2.£cM i?i'P) Pt¡ Account Balance; I;. !.f3>-' 71./ LFT 5'í cc.w"T7>S'~) , City Manager Review: e;/o hç- Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9318\agreq516 " - . (2Jbtyr( -; , ENVIRONMENTAL SERVICES DEPARTMENT " .," 1 i ."~ ~~--" .' MEMORANDUM To: David T. Harden City Manager From: José AqUila~ Asst. Constr tion Manager Date: May 9, 1995 Subject: AGENDA REQUEST Golf Course On Site Utilities Project No. 93-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is a request for City Commission approval of Deduct Change Order #2 in the amount of $4,782.24 and Final Payment in the amount of $7,653.50 to Intercounty Engineering, Inc. , for their work on the Golf Course On Site Utilities project, and other work authorized in Change Order #1. The work has been completed and accepted by the City. Change Order #2 is a deduct for final unit price adjustments following as-built measurements for work installed. As a point of clarification, Change Order #1 was approved by the City Commission on December 13, 1994 for additional work to the Golf Course On Site Utilities Contract, for a hydrant installation on NE 5th. Street; water services to Block 60, CRA Houses and watermain upgrades at NE 3rd. Street. Funding is available from Account #442-5178-536-61.83. cc: William Greenwood File 93-18 (A) \esd\9318\agmem516 " . . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. 2 - Final PROJECT NO. 93-18 DATE: May 9, 1995 PROJECT TITLE: Golf Course On Site Utilities TO CONTRACTOR: Intercounty Enqineerinq, 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: Provides for unit price adjustments to contract amount based on field measurements of actual work. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $110,510.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 70,900.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $181,410.00 COST OF CONSTRUCTION CHANGES THIS ORDER (credit) -$ 4,782.24 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $176,627.76 PER CENT DECREASE THIS CHANGE ORDER 4.32 % TOTAL PER CENT INCREASE TO DATE 59.82 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 3/2/95 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 442-5178-536-61.83 DEPARTMENT FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR ATTEST: APPROVED: By: City Attorney City Clerk \esd\93l8\co2final . , . . on ... Ü OIl . '- 0 \) Z ..c c. 0 IX) < cu -cu- ~ 0.. 0 '0 O~~ í I- ò: ~nI'::' " I- U cu '" >-'U C N 2 u::)o:: ~ cco N u W -5 o",u ..... :5 ~p:: := LJ ..2 ~ ... ..c :2 OIl_OIl 0 '.0::: Z :I: VI < 0 0 0 \0 0 _c..c ::I3:UZZ .~ 0 0 0 N .J:ICU- ... '" ." "'E.... z ~oo::Oi '" . . . . 0 = <u c '" 0 0 0 I -:T . ¡;. >- 0 ~, a."''- '" 0 ..... 0 ..... ~ 0 r--- IJ'\ -.. ... 60tJO 0 ü ." 0\ -:T I 0\ .; a.u \) ü u A A \0 ~ ëü~~~ < ~ -ö '0 Ô 0.. 0 ..... CO ~ ";ô "'~O cQ)~.-4 r--- CO \0 .~ OO"'u o..c 0.. ..... ..... ..... Q. 'Ö'Ö V ~.~ ~ -~ ~::I..c - - - - - - ~::- 4D 4D c-..c ... U ." ." - - 1--- 0\ 0\ .- '" .... 'C: 0:: . 0 C ~ ,'" 0 .:> w'U '" _'t:I \0 -- CO ~.- ..... 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E c: c: p::; :::I>U';U"'U u Z ., ¡:Q < to"'o a..Q.J", ~ ez:: vO'"E=..c Z" <c -< c: ,....:¡ LI- c:u.....::I°E·- E-< W o..o~....c:- 0< 0< 0 >-t H "'~ u_ c: Z U 0"''-00- ¡::... ~ "'0 c: 0 ~ >-.- _ cu C.è U 0 60 z'B ~ ;:J z ~00ê5a.~ 1-1 ~ C QJ .... ~ -= ~ 0- cþ c -... o 2 0 ~.- u .... ~5 ,....:¡ < :5o";ôü3:"'O..c 0:: 0 U .::: ÞO..c oj -= Q) ~ - Q¡ c: C:..¥ 1IO..c E <... ¡::t: Q ~ I- ·'-::c·~f!..~c UJ w . tj ¡;; -<~ CIJ <C ~..¥c..ëo ~ LJ ~!' - (3 :§ 0].-;: ¡;. a. -"'00 -< 0 ...z u~ ç,:., 0 U Z,,,,<O,,,IU.c: Z u 0.3: ~ ~ a. -- 0 .., ","I,. u....::I'" ~ ..cE_ouo Oz -~ ::; cu 0", < I C :6 o ::u~u.~c 0.. -On:lc:U- ..J " >-t ~ ~ 0 c. ..cu..c..¥c-o e..!J 0.. uc::..!!.......,:!OJG.t ~ 1ð . - E-< ~ V) .~ !!: ...'^-Ë~ .. 0..-- 1-1 0.. "'0 "'o..J::.-....E z ~'" c ¡::.. ::I'" -<~ U -< u~...._cu>- 0 ~"'~üo·,¡: t;~ c o.·-o~... ~"'C..o ~c"'~u_a. ¡::: c u·- U u"'O~uuc ....E "'0- '" uUo·-=~QJ ...... '" Z I- -W;0:Euucë U -'" W z:r U:;) u 0 U ::> 'U ..0 '- t: ~-5 -5 ~ ....... c ài:e-g-=Ë! cu::lE "E'U~<-='" ~ wg ~ ¡::: W 0:: ~.J:Io.E :I: :;). - "'0:::1>-"'>->-.... I- or::- "'4ft u -0 º Z 0 C=.J:I"'C.J:I...::I <n 0'': è 0 U u ... 0 u·-.... O2 '" 0-<c W ::Ië-oo'UtI..~ Z u~",u u"'-.c:~g \ ~ ~ 0110 Uu·-....... 0 .. ':õ.o 'õ >-- 0::: "'c:"'-ou c... 0:::_ 0 <~. o..-<c l- e.. r=u ;¡; ~ it.E-5 U ?; cñ~Z~ <C .: ·g~o~ g ~9 " . . . . INT~RCOUNTY ENGINEERING, INC. 1YL~ NW l~TH STREET POMPANO BEACH, FLORIDA 3.:S06Y On Site Ut111t1es for City of oeiray Golf Course Requisit:~on ib Breakdown as tOlloWS: DESCRIPTION Q!LAN'l'l TY UNIX_PRICE _'1'9rð~ 8" DIP WATERMAIN 386 30.00 L.F. 11,580.00 6" DIP FIRE LINE 190 30.00 L.t'. 5,700.00 2" WATER SERVICE W/2" BACKFLOW PREVENTER 1 3,000. EACH 3,000.00 1 1/2;1 WATER SERVICE W/ BACKE'LOW PRE V EN'l'ER 1 3,000. EACH 3,000.00 6" GATE VALVE 1 500. EACH 500.00 8" GATE VALVE: j 750. EACH 2,250.00 6" DOUBLE DETEC'l'OH ASSEMBLY W/6" SIAMESE CONN. 1 5,000. EACH 5,000.00 BRIDGE CROSSING H" DIP I 10,000. L.S. lU,OOO.Ou GRINDER PUMP STATION 1 35,000. L.S. 35,000.00 2" P.E. FORCE MAIN lb44 10.00 L .r'. 16,440,OU TIE-IN TO EXISTING F.MAIN 1 1,500. EACH 1,500.00 REMOVE EXISTING La''!' STA'l'lON 1 5,000. L.S. ~,oUO,ou OPEN CUT ASPHALT R~PAIR b4 2U.UU L. r'. 1,£8u.UO TRAFFIC CON'l'}WL 1 2,.000. L.S. L,UUU.au ALLOWANCES 1 .l, j 0', . "b L. S . 1, "U" . " b 1 NDEMN I'l'Y 1 .lU.UU L.S. lU.UU OTHER LABOR 1 4YU. L.S. 4YU.OU . 1 ... -- -_..~ . INTERCOUNTY ENGINEERING, INC. 1925 NW 18th Stree~ Pompano Beach, Fl. 33069 NE 5th St Hydrant Installation REQUISITION 116 BREAKDOWN AS FOLLOWS: 1. 6" P.V.C. PIPE III L.F. @ 30.00 L.F. = 3,330.00 2. 6" G.V. 1 EACH @ 500.00 = 500.00 3. 61X6" T.S..& V. 1 EACH @ 1200.00 = 1,200.00 4. FIRE HYDRANT ASSY. 1 EACH @ 1500.00 = 1,500.00 5. FILL & FLUSH REPAIR 1 EACH @ 500.00 = 500.00 6. ASPHALT REPAIR 116 L.F. @ 20..00 L.F. = 2,320.00 7. TRAFFIC CONTROL L.S. @ 250.00 = 250.00 $9.600.00 " , . ~ . . INTERCOUNTY ENGINEERING. INC. 1925 NW 18th Street Pompano Beach. Fl. 33069 Block 60 CRA Houses REQUISITION 116 BREAKDOWN AS FOLLOWS: 1. 8" D.loP. PIPE 169 L.F. @ 30.00 L.F. = 5,070.00 2. 8" G.V. 1 EACH @ 750.00 = 750.00 3. 6" G.V. 1 EACH @ 500.00 = 500.00 4. 4" G.V. 1 EACH @ 400.00 = 400.00 5. 3" G.V. 1 EACH @ 200.00 = 200.00 6. 4" D. loP. 40 L.F. @ 20.00 L.F. = 800.00 7. 8"x8" T.S..&.V. 1 EACH @ 1250.00 = 1,250.00 8. FIRE HYDRANT ASSY. 1 EACH @ 1500.00 = 1,500.00 9. FILL & FLUSH ASSY. 1 EACH @ 500.00 = 500.00 10. ASPHALT REPAIR 162 L.F. @ 20.00 L.F. = 3,240.00 11. TRAFFIC CONTROL L.S. @ 250.00 = 250.00 12. 2" POLY TUBE 37 L.F. @ 10.00 L.F. = 370.00 $14,830.00 " ' . . . INTERCOUNTY ENGINEERING, INC. 1928 N.W. 18th. Street Pompano Beach, Fl. 33069 NE 3rd St Waterman Upgrade REQUISITION· 116 BREAKDOWN AS FOLLOWS: 1. 12" P.V.C. PIPE 338 L.F. @ 35.00 L.F. = 11,830.00 2. 8" P.V.C. PIPE 82.5 L.F. @ 30.00 L.F. = 2,475.00 3. 12" G.V. 5 EACH @ 1050.00 = 5,250.00 4. 8" G.V. 2 EACH @ 750.00 = 1,500.00 5. 6" G.V. 4 EACH @ 500.00 = 2,000.00 6. FILL & FLUSH ASSY. 1 EACH @ 500.00 = 500.00 7. 1" WATER SERVICE 1 EACH @ 500.00 = 500.00 8. CONN. 2" WATERMAIN 3 EACH @ 500.00 = 1,500.00 9. CONN 6" WATERMAIN 2 EACH @4500.00 = 9,000.00 10. FIRE HYDRANTS 2 EACH @1500.00 = 3,000.00 11. ABANDON EXISTING FIRE HYDRANT 1 EACH @ 500.00 = 500.00 12. ADJUST MANHOLE COVER 1 EACH @ 100.00 = 100.00 13. ASPHALT REPAIR 410 L.F. @ 20.00 L.F. = 8,200.00 14. TRAFFIC CONTROL L.S. @ 1000.00 = 1,000.00 15. OVERLAY 5.5 TONS @ 70.00 = 385.00 $47,740.00 . - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: fCITY MANAGER ~G· SUBJECT: AGENDA ITEM # - MEETING OF MAY 16, 1995 FINAL PAYMENT/BEST ELECTRICAL EXPERTS, INC. DATE: MAY 12, 1995 This is before the Commission to approve final payment in the amount of $26,900 to Best Electrical Experts, Inc. for basketball court lighting at Pompey Park. Funding is available from Pompey Park - Basketball Court (Account No. 334-4172-572-63.01) . Recommend approval of final payment to Best Electrical Experts, Inc. . , - . Agenda Item No. c¡ G ' AGENDA REQUEST May 10, 1995 Date: Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 16, 1995 Description of item (who, what, where, how much): Staff request City Commission approve Final Payment in the amount of $26,900.00 to Best Electrical Experts, Inc. for their work on the Pompey Park Basketball Court Liqht Proiect. Fundinq is available from Account #334-4172-572-63.01. ORDINANCE/RESOLUTION REQUIRED: Not required Recommendation: Inc. Department head signature: (, Jj:L S '. oj 4ß 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: ES NO Funding alternative ~f apPl~able~ iccount No. & Descrip.tion3ó4- ~lr&~/2.~3-0 I rMUptlf W1i':... /ið.l-L . ccount Balance Bciù-~. 00...- P, , 00 (!TD0'l.f--, City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9319\agreg516 . ! . ~ð£. ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden ~1t\y 1 ,í IV)!" ~.! t' . :,)" ,,"i City Manager From: José Aguila ~ Asst. Construction Manager Date: May 10, 1995 Subject: AGENDA REQUEST Pompey Park Basketball Court Lighting Project No. 93-19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is a request for City Commission approval of Final Payment in the amount of $26,900.00 to Best Electrical Experts, Inc. for their work on the Pompey Park Basketball Court Lighting Project. The work has been completed as required by the contract documents and accepted by both the consultant and the City. Funding is available in Account #334-4172-572-63.01. cc: William Greenwood Joe Weldon File 93-19 (A) \esd\9319\agmem516 . L APPLICATION and CERTIFICATE for PAYMENT TO : ( OWNER ) PROJECT #93019 APPLICATION No. CITY OF DELRAY BEACH POMPEY PARK 1 100 NW 1ST AVENUE, DELRAY BEACH, FL 33444 05/05195 ....ROM . (l IN I wAc-ToR , ~ PERIOD FROM BEST ELECTRICAL EXPERTS, INC. 999999 WELDON 02117195 5080 SAN CASTLE BLVD. PO #534670 IQ lANTANA, FL 33462 VENDOR# 3347 ACCT# 33441725726301 05105195 CONTRACT FOR : ELECTRICAL CONTRACTORS APPLICATION for PAYMENT CHANGE ORDER SUMMARY Change Orders approved in Ad!iitions Deductions Application is made for Payment as shown below, in connection with Drevious months bv Owner $ $ the Contract. Continuation Sheets are attached. Approved this month No. Date approved 1. ORIGINAL CONTRACT SUM 26,900.00 2. Net change by Change Order 0.00 3. CONTRACT SUM TO DATE 26,900.00 4. TOTAL COMPLETED & STORED TO DATE 26,900.00 5. RETAINAGE 0.00 0.00 0.00 6. TOTAL EARNED LESS RETAINAGE 26,900.00 Net Change by Change Orders 0.00 7. LESS PREVIOUS CERTIFICATES FOR PAYMEN1 0.00 :The undersigned Contractor certifies that to the best 8. CURRENT PAYMENT DUE 26,900.00 þf the Contractor's knowledge, information and belief he work covered by this Application for Payment 9. BALANCE TO FINISH PLUS RETArNAGE 0.00 has been completed in accordance with the Contract Documents, and that all amounts have been paid by the Contractor for Work for which previous State of Florida County of: Palm Beach Certificates for payment were issued and payments received from the Owner, and that current payment Subscribed and sworn to me this 5th day of May, 1995. shown herein is now due. . CONTRACTOR : Notary Public: ~ ~A J.. J ~. ~ E TEE R EX -.ii-Y 'Ii . RAH l. HARRIS B S L CT I~, INC. ~:t~ COMMISSION It CC ;)Bì257 By: ~ ~ ~~ Date: ~-9S' My Commission expires : ~ ~ EXPIFtES JUN 26,1998 t-~ AT! H'TI~O:~,~~;~~i~~ ,1>.11" IARCHITECrS CERTIFICATE for PAYMENT In accordance with the Contract Documents, based AMOUNT CERTIFIED.... ........... .... ........... ......... ... ....... .......... ....... ...... .... ...... On on-site observations and the data comprising the above application, the Architect certifies to the Architect..... ...... ......... ..... ...... .......... ....... .......... ..... ............................ ..... ...... Owner that to the best of the Architect's knowledge Date :............. ... ................. ............................................. ................ information and belief the Work has progressed as This Certificate is not negotiable. The AMOUNT CERTIFIED is paya indicated, the quality of the Work is in accordance only to the Contractor named herein. Issuance, payment and acceptance of with the Contract Documents, and the Contractor is payment are without prejudice to any rights of the Owner or Contractor entitled to payment of the AMOUNT CERTIFIED. under this Contract " - . . CONTINUATION SHEET Paae 2 of 2 paaes APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION No 1 containing the Contractor's signed Certification is attached APPLICATION DATE 05/05/95 In tabulations below, amounts are stated to the nearest dollar PERIOD FROM 02117/95 TO 02117/95 A B C D E F G H J WORK COMPLETED TEM DESCRIPTION SCHEDULED FROM THIS MATERIALS TOTAL BALANCE No. OF VALUE PREVIOUS PERIOD PRESENTLY COMPLETED % TO RETAINAGE WORK APPLlCTN STORED TO DATE FINISH I 1 POMPEY PARK 26,900.00 0.00 126,900.00 0.00 26,900.00 100 0.00 0.00 BASKETBALL & COURT LIGHTING PER BID #Q5-12 ! I I I 0.00 26,900.00 0.00 ! 26,900.00 0.00 26,900.00 100 0.00 . , . . '. r ~ # ..... "-",~ c: ( '. t.'-~ ~ \/ f'" ¡ t [IT' OF DELAA' IEA£H MAY 1 n 1995 Li1Y r . CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DEL RAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line; (407) 243-7091 DELRA Y BEACH F l 0 It I D ¡\ ....... AII·America City MEMORANDUM l' III! DATE: May 9, 1995 1993 TO: City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Old School Square Lease Modification Our office was requested to modify our Lease with Old School Square to provide for an extension of the lease term from 2009 to the year 2016 so that Old School Square, Inc. will qualify for a grant. Attached please find a letter from Joe Gillie requesting the change and an amendment to the lease. By copy of this memorandum to Bob Barcinski, Assistant City Manager, our office requests that this Amendment to Lease be placed on the May 16, 1995 City Commission /·-agen for approval. cc: Bob Barcinski, Assistant City Manager Alison MacGregor-Harty, City Clerk Joe Gillie, Director, Old School Square, Inc. oIdsch.sar ® Printed on Recycled Paper 9·# . . , . ~#..~ . . May 8th, 1995 C U L T U R A L ART S CENTER The Delray Beach City Commission 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Commissioners: Old School Square is currently seeking a $ 325,000. grant from the Division of Cultural Affairs to complete the 1925 performing arts building. We were recently advised by the State that in order to comply with grant policy that the leasee of the property must have a twenty year lease at the time the grant is submitted. Old School Square entered into the lease agreement with the city on July 31, 1989, therefore we are six years short of a twenty years lease when we submitted the grant on April 13th, 1995. Old School Square respectfully requests that we amend our lease agreement to reflect our additional six years plus one year for construction for a total of seven additional years added to our current lease retroactive from April 13, 1995. Enclosed is our current lease agreement and the copy of the grant requirement from the state. Please contact me personally should you need additional information. you for your consideration. Square, Inc. Old School Square. Inc. cc: David Harden 51 North Swinton Ave. Bob Barcinski Delray Beach, Florida 33444 Alan Armour (407) 243-7922 Susan Ruby . Limitations of matching funds Funds which are operational in nature or not designated to the project will not be allowed. Matching funds will be designated only to the project presented in the application and shall not be used in previous or succeeding applications, or on any other Division grant. Matching funds may have been expended prior to the start date of the grant award agreement as long as they are clearly a part of the project described, and can be documented upon request. The value of buildings or land not owned by the applicant may not be used as match. Loans may not be counted towards match, although the original loan amount must be reflected in the total project cost. Only unencumbered equity may be counted as match. Match dollars shall not consist of state dollars from any source (Department of State or any other state agency). The match speC?ification statement must exactly provide the required information for the appropriate applicant. \ . I ~III. OWNERSHIP OR LEASE OF PROPERTY/FACILITY /\ Applicant organizations must document: 1. Legal proof of unrestricted ownership of property. Unrestricted shall mean unqualified ownership and power of disposition. Property which does not meet the unrestricted ownership criterion will not be eligible for match. Documentation may include a deed, title, or copy of a recent tax statement. Provisional sales contracts, binders, or letters of intent are not acceptable documentation of ownership. or 2. Undisturbed use of property fQr a specific period of time. This specific period of time must begin no later than the deadline date for the application in which funding is requested, and must continue for the minimum period of time required in the Project Scope. Documentation must include an executed copy of a lease and a written explanation of any easements, covenants, or other conditions affecting the use of the site or facility, or both. 7 . . . 1 Examples of Project Scope and minimum lease periods expected of the applicant: Project ScoDe Minimum Lease Equipment, capital fixtures (not office furniture) 10 years ~ Building Renovation, Improvement 20 years ~.o(. Building Expansion (i.e., increase of square footage) 30 years Building Construction (land is leased) 50-99 years For Acauisitions onlv Acquisition applicants will automatically be considered exempt from this ownership eligibility requirement. If the application is for an acquisition, the applicant must provide a description of the facility, purchase price, and a letter of intent to sell signed by the seller. FUNDING 1 . The maximum grant amount which may be requested is $500,000. There is no minimum amount. 2. The maximum amount which may be granted within 5 consecutive fiscal years beginning with fiscal year 1992/1993, is $1.5 million. Applicants reaching the $1.5 million during the 5-year period will be reqÙired to wait at least one year before re-applying. NOTE: Grant funding will be withheld due to: projects with incomplete prior phases, late reports to Division of Cultural Affairs on any prior grants, and less than satisfactory audit reports on prior Division of Cultural Affairs grants. PROJECT SUPPORT PERIOD Application shall be for the funding period between July 1, 1996 through June 30, 1997. The grant award period shall commence upon execution of the grant award agreement or July 1, 1996, whichever is tater. ENCUMBRANCES AND EXPENDITURES Grant recipients must encumber (contract for) all state dollars prior to June 30, 1997. All state grant funds must be expended by April 1, 1998. State funds may not be encumbered prior to the signing of the Cultural Facilities Grant Award Agreement by all parties; this begins the encumbrance period if later than the project activity start date. S . , - . AMENDMENT TO LEASE TIDS AMENDMENT TO LEASE is made this _ day of , 19_ between the City of Delray Beach, a Florida municipal corporation, (the Lessor) and Old School Square, Inc., (the Lessee). WIT N E SSE T H: WHEREAS, the Lessor and Lessee entered into a Lease Agreement dated July 31, 1989; and, WHEREAS, the Lessor and Lessee entered into a Management Agreement on July 7, 1990, which was amended September 16, 1992; and, WHEREAS, the Management Agreement authorizes the Lessee to submit, develop, and manage all grants, and to raise funds from public and private sources; and, WHEREAS, the current Lease is for a twenty (20) year term, unless renewed for additional five (5) year terms; and, WHEREAS, there is presently fourteen years remaining on the initial lease term. unless renewed; and, WHEREAS, the Lessee has applied for a grant and the grant requirements provide that at the time of the grant application, at least twenty (20) years must be remaining on the initial lease term.; and, 1 . , . ." WHEREAS, the parties to comply with said grant requirements desire to modify the term of the lease to meet the grant requirement. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the Lease is amended as set forth hereinafter. 1. The Preamble stated above is incorporated herein by reference. 2. Paragraph 2 of the Lease Agreement dated July 31, 1989 is hereby stricken and a new paragraph 2 is hereby included in the Lease as follows: Term of the Lease. This Lease entered into July 31, 1989 shall continue until July 31, 2016, unless sooner terminated pursuant to the provisions of the Lease. Upon expiration of the aforesaid term, this Lease may be renewed for successive periods of five years, upon the express written consent of the Lessor. 3. All other terms and conditions of the Lease dated July 31, 1989 except as expressly modified herein shall remain in full force and effect. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Lease as of the day and year written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 2 " . . , . . OLD SCHOOL SQUARE, INC. By: Witness Name typed or handwritten Name typed or handwritten (SEAL) Witness Name typed or handwritten STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any (Notary Seal) oldsch.agt 3 . , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM # 21 - MEETING OF MAY 16, 1995 AGREEMENT WITH DOT FOR MAINTENANCE OF LANDSCAPING/EAST ATLANTIC AVENUE DATE: MAY 12, 1995 This is before the Commission to approve an agreement with the Florida Department of Transportation for maintenance of the proposed landscaping on East Atlantic Avenue. The agreement has been reviewed and approved by the City Attorney's office as to form and sufficiency. Recommend approval of the agreement with the Department of Transportation for maintenance of landscaping on the East Atlantic Avenue project. " ' . L Agenda Item No.: ðJ£ AGENDA REOUES~ Date: Mav 10. 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: Mav 16. 1995 Description of item (who, what, where, how much): Aareement between the City of Delrav Beach and D.O.T. for maintenance of the DroDosed landscaDina on East Atlantic Avenue. ORDINANCE/RESOLUTION REQUIRED: YES§..1>RAFT ATTACHED YE€) Recommendation: Staff recommends aDDroval of the aareement with D.O.T. for maintenance of landsca in . Department Head Signature: Determination of Consistency with Comprehensive Plan: ~~ity Attorney Review/Recommendation (if applicable) ~ Ar-:r-~ Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG368411.MRM . , . , DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: Robert Barcinski Acting City Manager FROM: Dan Beatty, p~ City Engineer DATE: May 10, 1995 SUBJECT: AGENDA REQUEST AGREEMENT WITH D.O.T. FOR MAINTENANCE OF LANDSCAPING EAST ATLANTIC AVENUE Attached is an agenda request for approval of an agreement with D.O.T. for maintenance of the proposed landscaping on East Atlantic Avenue. At the time of this memorandum the actual agreement has not been completed, however, a similar agreement with the City of Fort Lauderdale is attached for review. The completed agreement should be available by Friday, May 12. DB: nun File: Project No. 93-68 (D) DB368LND.MRM , . . WPI No: 4118678 F.A. No.: N/A SAMAS Approp: Fund Code: 010 SAMAS Object: Job No.: 93030-3506 Contract No.: Org Code: Vendor No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF DELRA Y BEACH HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this day of ,19_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, and the CITY OF DELRA Y BEACH, County of Palm Beach, State of Florida, located at 100 N.E. 1st Avenue, Delray Beach, Florida 33444, hereinafter called the CITY. WITNESSETH WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain roadside areas and median strips on that part of the State Highway System or SR 806/East Atlantic Avenue between SR A 1A and the Intracoastal Waterway within the corporate limits of the CITY and WHEREAS, the CITY is of the opinion that said highway facilities shall contain landscape median and areas outside the travel way to the right-of-way line excluding sidewalk and shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary re-planting; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, by Resolution No. , dated , attached hereto as Exhibit "B", which by reference hereto shall become a part hereof, desires to enter into the Agreement and authorizes its officers to do so. NOW, THEREFORE, in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or caused to be installed landscaping on the highway facilities as specified in landscape plans and specifications included as Exhibit "A". The CITY agrees to maintain the landscaping and irrigation system, following the Department's landscape guidelines, safety and plant care. The City's responsibility for maintenance shall include all landscape/turfed areas, areas covered with interlocking 1 . , . . pavers or similar type surfacing (landscape), on Department of Transportation right-of- way within the limits of the project. Such maintenance to by provided by the City is specifically set out as follows: To maintain, which means that proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes; (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade as specified in the original plans and specifications and of a size comparable to those existing at the time approval is obtained from the Department's District Secretary for the use of alternate material or deletions. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median strip or landscaped areas within the said project. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the CITY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the CITY and shall be basis of all decisions regarding, payment reduction, reworking or agreement termination. The CITY shall not change or deviate from said plans without written approval of the Department. 2. If any time after the CITY has assumed the landscaping installation and/or maintenance responsibility above mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter in care of Director of Public Works, to place said CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: a. Maintain the landscaping or a part thereof, within Department or Contractor's personnel and invoice the CITY for expenses incurred, or b. Terminate Agreement in accordance with Paragraph 4 of this Agreement and remove, by department or private Contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to Trees and Palms and charge the CITY the reasonable cost of such removal. 3. It is understood between the parties hereto that the landscaping covered by the Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent State Road be 2 " . · widened, altered or otherwise changed to meet with future criteria or planning of the Department. The CITY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove same. 4. This Agreement may be terminated under anyone of the following conditions: a. By the Department, if the CITY fails to perform its duties under Paragraph 2, following the thirty (30) days written notice as provided in Section 2 of this agreement. b. By the Department, for refusal by the CITY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statute and made or received by the CITY in conjunction with this Agreement. 5. The term of this Agreement commences upon completion of the project by the CITY and sign-off on the construction by the Department. 6. To the extent permitted by law, the CITY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the CITY's negligent performance of the work under this Agreement, or due to the failure of the CITY to maintain the project in conformance with the standards described in item under 2 of this Agreement. 7. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involved the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year. 9. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 3 '. ' . . . 10. This Agreement may not be assigned or transferred by the CITY, in whole or part without consent of the Department. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREAS, the parties hereto have caused these presents to be executed the day and year first above written. LOCAL GOVERNMENT STATE OF FLORIDA CITY OF DELRA Y BEACH DEPARTMENT OF TRANSPORTATION BY: BY: MAYOR DISTRICT SECRETARY CITY MANAGER ATTEST: ATTEST: SEAL CITY CLERK EXECUTIVE SECRETARY APPROVED APPROVED: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: CITY ATTORNEY DISTRICT LEGAL COUNSEL DATE: 4 " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: µt) CITY MANAGER SUBJECT: AGENDA ITEM # gr - MEETING OF MAY 16, 1995 AGREEMENT WITH DOT FOR MAINTENANCE OF STREET LIGHTING/ EAST ATLANTIC AVENUE DATE: MAY 12, 1995 This is before the Commission to approve an agreement with the Florida Department of Transportation for maintenance of the proposed street lighting on East Atlantic Avenue. The agreement has been reviewed and approved by the City Attorney's office as to form and sufficiency. Recommend approval of the agreement with the Department of Transportation for maintenance of street lighting on the East Atlantic Avenue project. , , . . Agenda Item No.: fs AGENDA REOUBS~ Date: Mav 10. 1995 Request to be placed on: --Ã-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: Mav 16. 1995 Description of item (who, what, where, how much): Aareement between the Citv of Delrav Beach and D.O.T. for maintenance of the proposed street liahtina on East Atlantic Avenue. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YE~) Recommendation: Staff recommends approval of the aareement with D.O.T. for maintenance of street li Department Head Signature: Determination of Consistency with Comprehensive Plan: ~~City Attorney Review/Recommendation (if applicable) ~^--~~ Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG368LND.MRM " . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: Robert Barcinski Acting City Manager FROM: Dan Beatty, P.~~ City Engineer DATE: May 10, 1995 SUBJECT: AGENDA REQUEST AGREEMENT WITH D.O.T. FOR MAINTENANCE OF STREET LIGHTING EAST ATLANTIC AVENUE Attached is an agenda request for approval of an agreement with D.O.T. for maintenance of the proposed street lighting on East Atlantic Avenue. At the time of this memorandum the actual agreement has not been completed, however, a similar agreement with the city of Fort Lauderdale is attached for review. The completed agreement should be available by Friday, May 12. DB:mm File: Project No. 93-68 CD) DB368DOT.MRM " . · STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT HIGHWAY LIGHTING (Municipal) WPI# SECTION # STATE RD. COUNTY PAR & JOB FAP NO. NAME NO. 4118678 3506 806 Palm Beach N/A N/A THIS AGREEMENT, made and entered into this _ DAY OF ,19_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as the CITY. WITNESSETH: WHEREAS, the CITY by Resolution adopted on , has requested the DEPARTMENT to purchase and install a Highway Lighting System on that portion of State Road No. 806 described as East Atlantic Avenue in Palm Beach County, Florida. AND WHEREAS, the CITY in constructing, reconstructing or otherwise changing a portion of the lighting system designated by the DEPARTMENT as Job No. 93030- 3506, Road No. 806 from East of ICVWV to SR A 1A, which shall call for the adjustment, relocation and/or installation of Highway Lighting facilities along said highway, AND WHEREAS, the DEPARTMENT and the CITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a JOINT PROJECT providing for such work, NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledge, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. The CITY agrees to prepare plans and specifications for the work involved, and advertise for bids for the equipment and materials under a LAP with the DEPARTMENT. The decision as to the type and make of equipment purchased will be the DEPARTMENT'S sole responsibility. 1 of 3 , , · 2. All of the work on the lighting system is to be done according to the plans and specifications of the DEPARTMENT which plans and specifications are, by reference hereto, made a part hereof. The DEPARTMENT will be responsible for performing the completed installation. 3. The DEPARTMENT and the CITY will jointly provide the necessary engineering supervision to assure construction is in compliance with the plans and specifications hereinabove referred to, and will perform the final inspection of the completed project. 4. The CITY agrees that the equipment of the lighting system shall remain the property of the DEPARTMENT, and it is hereby understood and agreed that the CITY shall not, under any condition, remove the equipment which is the subject matter of this Agreement for any reason without permission and written consent of the DEPARTMENT. 5. The CITY further agrees upon completion of the installation, to assume sole responsibility for the maintenance of said lighting system in accordance with the DEPARTMENT'S policies and "Standard Specifications for Highway Lighting." 6. The CITY further agrees to be responsible for the payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 7. The CITY covenants and agrees that it will indemnify and hold harmless to the extent provided by Florida Statutes Section 768.28, DEPARTMENT and all of DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or mission by CITY during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither CITY nor any of its sub-contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligency of DEPARTMENT or any of its officers, agents or employees. 8. All services and work under the construction contract shall be performed to the satisfaction of the DEPARTMENT'S Director of construction and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or by reason of such contract for highway lighting; the prosecution and fulfillment of the services thereunder, and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and conclusive upon the parties hereto. 2 of 3 - . , . IN WITNESS THEREOF, the parties hereto have caused these presents to executed by their duly authorized officer, and their official seals hereto affixed, the day and year first above written. MUNICIPALITY: CITY OF DELRA Y BEACH ATTESTED: City Clerk BY: (SEAL) TITLE: Mayor BY: Approved as to form: TITLE: City Manager City Attorney FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: (SEAL) ATTEST: Executive Secretary Legal Review: Date: BY: Attorney - FOOT REVIEWED BY: DATE: Utilities Office 3 of 3 . . . . .. M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM :It ~k - MEETING OF MAY 16. 1995 FACILITIES CONVERSION AGREEMENT WITH LEADERSHIP CABLE DATE: MAY 12, 1995 This is before the Commission to approve an agreement with Leadership Cable for the relocation of existing overhead facilities on East Atlantic Avenue to underground. The work is estimated at $8,183.20 and will be constructed as part of the East Atlantic Avenue Beautification project. The dollar amount is only for work by Leadership Cable to relocate the lines and does not include construction of underground conduit. The agreement has been reviewed and approved by the City Attorney 's Office. Funding is available from Decade of Excellence Phase II - East Atlantic Avenue (Account No. 228-4141-572-61.73). Recommend approval of the Facilities Conversion Agreement with Leadership Cable for relocation of overhead lines to underground. ref:agmem08 . . , . . . " [l Agenda Item No.: AGENDA REOUEST Date: Mav 10. 1995 Request to be placed on: --X-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: Mav 16. 1995 Description of item (who, what, where, how much): Aareement between the City of Delrav Beach and Leadership Cable for the relocation of existina overhead facilities on East Atlantic Avenue to underaround. The work is estimated at S8.183.20 and will be constructed as part of the East Atlantic Avenue Beautification Proiect. This amount is only for work bv Leadership Cable to relocate the 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~)DRAFT ATTACHED YES~¡ Recommendation:Staff recommends approval of the Leadership Cable for relocation of overhead lines Department Head Signature: Determination of Consistency with Comprehensive Plan: h';~'" City Attorney Review/Recommendation (if applicable) R,-~~ Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives A Account No. & Description~-~ ~- ;2- 'rIh...¡ ~ I1n- '; Account Balance .J()~ 3;1.If.íJt k~ )/t1/~\ City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AG368411.MRM ., . . .lItt3~ : ~ DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: Robert Barcinski Acting City Manager FROM: Dan Beatty, ~ city Engineer DATE: May 10, 1995 SUBJECT: AGENDA REQUEST AGREEMENT WITH LEADERSHIP CABLE Attached is an agenda request for approval of an agreement with Leadership Cable for relocation of the overhead lines on East Atlantic to underground. The estimated cost is $8,183.20 and does not include the installation of conduit. DB:mm File: Project No. 93-68 CD) DB368411.MRM .. I . . FACILITIES CONVERSION AGREEMENT AERIAL TO UNDERGROUND This agreement, made and entered into this \O:th day of~ 1995, by and between CITY OF DELRAY BEACH (herein after called the Applicant) and FAIRBANKS COMMUNICATIONS, INC (hereinafter called LEADERSHIP) an Indiana corporation authorized to do business in Florida and presently doing business under the name Leadership Cable vision is for the provision of underground CAW distribution facilities by Leadership in place of existing aerial facilities pursuant to the applicants request. In consideration of the premises, covenants and agreements set forth herein, Leadership and the applicant agree as follows. 1. The applicant shall pay Leadership a one-time construction fee in the amount of $8183.20. The above cost is based on applicant placing all Leadership provided conduits required by Leadership. In the event that all conduits and ducts are not placed applicant agrees to pay any additional cost incurred by Leadership. 2. Upon execution of this Agreement and after Leadership has received 50% ($4091.60) of the construction fee, Leadership will proceed in a timely manner with the conversion of the existing aerial facilities to an underground configuration in accordance with the construction drawings and specifications set fourth in attachment A hereof The remaining 50% ($4091.60) ·will be due upon completion. 3. Failure by the applicant to comply with any of the requirements, terms, or conditions of this agreement shall result in termination of the agreement. The applicant may terminate this agreement at any time prior to the start of construction and any fees paid by the applicant will be refunded to the applicant provided however that the refund of any fees paid shall be offset by any cost incurred by Leadership in performing under the agreement up to the date of termination. 4. The applicant shall be responsible for all restoration of, repair of, or compensation for, property affected, damaged or destroyed, to accommodate the installation of underground CAW facilities and the removal of Leaderships aerial CAW facilities. 5. To the extent permitted by law, the applicant shall indemnify Leadership from any claim, suit or other proceedings which seeks the restoration of, or repair of, or compensation for, property affected, damaged, or destroyed, to remove existing facilities or to accommodate the installation of underground CA W facilities arising from any negligence by the City or its contractors. 6. The applicant shall clear easements provided to Leadership of trees, stumps, and other obstructions that conflict with construction or installation of underground CA W facilities. . ' . . IN WITNESS WHEREOF, Leadership and the applicant have executed this agreement for provision of electric underground CA TV facilities to be effective as of the date first above written. APPLICANT LEADERSHIP CABLEVISION Signed Si~' """- Name Name ~O+t/....( J:::oUJ \,\\~Q ð Title Title t::J-.16'NEE"RIt-l<J C.CbRÏ) Nf:\I~ . ' . . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~.L-' - MEETING OF MAY 16, 1995 MODIFICATION OF STANDARDS OF APPROVAL/BOAT DOCK AT 2313 SPANISH TRAIL DATE: MAY 12, 1995 This is before the Commission to authorize a modification of standards for approval as set forth at Land Development Regulations Section 7.9.5(B) to allow a boat dock closer than 10 feet to the adjacent property line. The subject property is unique in that it is a pie-shaped lot situated at the end of a canal, with only 30 feet fronting on the water. The literal interpretation of Section 2.4.7(B) (5) would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning. Staff has reviewed this request and recommends that the modification be approved, based on positive findings pursuant to LDR Section 7.9.5(B) as well as Section 2.4.7(B) (5). . . 1 . , . Agenda Item No. I 1·L· ^CENDA REQUEST Date: May 10, 1995 Request to be placed on:' x ~r Agenda Special Agenda Workshop Agenda n~ When: May 16, 1995 Description of agenda item (who, what, where, how much) I Request variance to Section 7.9.5(B) governing boat dock at 2313 Spanish Trail for Mr. William Kirksey. The pie-shaped property has only a 30' fronting, on the water which requires a variance to the setback requirements as set forth in the Code. ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO Recommendation: Staff is recommending City Commission approve this waiver request to Section 7.9.5(B) based on it meeting all the criteria of Section 2.4.7(B)(5). Head Signature: ~~~ - ----- Department Determination of Consi6tency with Comprehensive Plan: City Attorney Review/ Recommendation (if appl icable) : Budget Director Review (required OD all iteas involving expenditure of funds) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: . Action: Approved/Disapproved , . ~ MEMORANDUM TO: David T. Harden, City Manager / ~ FROM: Lula C. Butler, Director of Community Improvement~~ SUBJECT: Request for Waiver of Section 7.9.5(B) of Dock Code For William Kirksey, 2313 Spanish Trail DATE: May 10, 1995 ITEM BEFORE THE COMMISSION: - - City Commission consideration of waiver to the City Land Development Regulations 7.9.5(B) governing the boat dock at 2313 Spanish Trail. BACKGROUND: Section 7.9.5(B) requires the dock shall not extend closer than ten feet to the property line of the adjacent property. The property is unique in that it is a pie-shaped lot situated at the end of a canal with only 30 feet fronting on the water. Pursuant with the provisions of Section 2.4.7(B) (5) the literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning. Therefore, the City Commission waiver is the only avenue for this applicant. The findings of fact are in compliance with the following criteria: (a) This waiver will not adversely affect the neighboring area; (b) It shall not significantly diminish the neighboring public facilities. The Trinidad Canal is 80 feet in width; (c) It shall not create an unsafe situation or cause any problems in the waterway or adversely change navigational conditions; or, (d) The boat dock does not grant the applicant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending City Commission approve this waiver request to Section 7.9.5(B) based on it meeting all the criteria of Section 2.4.7(B)(5). JS9/Kirksey.CC " r ~ . g~~1}~;·t©r1f . . I . MICHAEL N. GOMES (t\/"1/ PROFESSIONAL ASSOCIATION SUITE 210 - GREAT WESTERN BUILDING ATTORNEY So COUNSELOR AT LAW 2~01 EAST A1LANTlC BOULEVARD - POMPANO BEACH. FLORIDA 13051 842 - 0810 - PLEASE REPLY TO POST OFFICE BOX 854 April POMPANO BEACH, FLORIDA 33061-0854 20, 1995 Dan Beatty civil Engineer City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Lot 199, TROPIC ISLE 2ND SECTION Plat Book 24, Page 246, Palm Beach County Records commonly known as: 2313 Spanish Trail, Delray Beach, FL Dear Mr. Beatty: I represent William M. Kirksey, the owner of the above-referenced property. Please accept this letter as a request for modification in the standards for approval with respect to Section 7.9.5 regarding the existing dock at the above-referenced property, and more particularly, Section 7.9.5 (B) . Enclosed for your information is a survey from Miller Land Surveying dated 5-23-94 reflecting the position of the dock, and an owner's affidavit from the seller and which was given to the property owner when he purchased the property on June 9, 1994. The reasòns for the request for modification in the standards for approval are as follows: 1. The property is unique in that it is a pie-shaped lot situated at the end of the Trinidad Canal with only 30 feet fronting on the water. 2. The requirements of Section 7.9.5(B) would not be feasible and would constitute a hardship because of the irregular shaped lot and would deny the property owner a significant use of his waterfront property. 3. The property is assessed by the Real Property Appraiser for Palm Beach County as waterfront, with deep water and no fixed bridges. 4. The granting of the requested modification in the standards for approval with respect to the dock will not alter the essential character of the locality, or interfere with the zoning plan of the neighborhood and with the rights of owners of other property, nor . , --_.-- . ~ . . will it endanger public safety and welfare. 5. The property owner was a good faith purchaser of the property, relying on the sworn affidavit under oath from the seller that "that there are no violations of governmental laws, regulations or ordinances pertaining to the use of the Property", which appears to be false. Your consideration of this request and recommendation to the City Commission for a modification in the standards for approval with respect to section 7.9.4(B) as it pertains to the existing dock on the above-referenced property will be sincerely appreciated. If you have any questions, please call me. Thank you for your courtesy and cooperation regarding this matter. Very tr(7Z .-4 N. GO~ . MNG: eec Enc. cc: Eugene H. Brown, Code Enforcement Officer William M. Kirksey, M.D. RECEIVED MAY 0 2 1995 ADMINISTRATION . , : I ~~D ,1, ,,,.,' ¡. I . / .' , '"- ~ .1 ~ /1,I..rlIII1 . DLVD .'L__, ,_"mJ fied To . William M. Kirksey; American Savings of Florida. FSß, is -. '.' .:.r,'ccl'~!..~_ ~ 1 successors and/or assigns ATIMA; American Tille & !-2! 1,~I~:~i:Ë~ql)I.Q:'::J .ur Ecrow. , "JJ>. . =u ._-,-t.;;h..b=.J ertv Address: 2313 Spanish Trail, Delray Beach, FI. II.. :=: · -1-.lt:;~~':::-=J " :.I Zone: "AE" ( FIRM 125102 OOOGD, Jan. 5, 1 (lon) ~'/X ,'~' .::.]1!O'/'=' u. d, :rilJtion: vuv ^nl< I I Uti..,; ('~~IIII utJrm ~, ·Ihl 199, TRO.P1C ISLE 2ND SECTION. according to (he Plat thereof on .--¡ ~ ~'~:; ~ .~;. _ ~ .' the Office of the Clerk of the Circuit Court in and for Palm Beach . ~vr'u ""-U'::::1~ . FI ·d . . ¡ ~ . -==tT1QI?ICJ I ilty, Ort a, recorded In Plat Book 24, Page 24G. -;, I, "VI' ,<,' )~"":ÕK..Ð\·· 2I'-J ! .f, I~, \ ~ 'D\r...~'''n'o'J' Pnq, I '0'1 CD C- . All..",,,,· ~ il f--·¿,,~); ~·rtin-Df:::--"'\..' . I JII ", U (1;:;, a. ,... '-Ý.eINt'Þ-1D C,qN-1LS , 80'0/"'" c..- ' (Lor 1'98) . , I I 1 . J I 0 120" /3. ,r --' ! 2:;~:;?>' N'7(P 01 ! ~;;' ......, . '2.6.//,' ~ -4 N~ .... 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DRAIN FIELD J.AEAS. . ....EASvnro ,. 0 B . "'O!~4r Or ~£tjl"'I"Jn 0 . C£NTnAL ANGl£ E·" AERIAL UTILITY WinES HiTToo N"'ll & TI~' TAg POC . "'{'I"4T or cC'v""r',c(vt'., ..-.-.. .. CHA'''' llN'" '(NCt " .. EASEMENT t~ & w . ,.,All I WA'5HEfl .. "C .. rOH41 0' Of "',,.,q ("vn......,unr .-1 )·O..u~ . WOOD "NCt . El£YATIOtf "avo . """O"^l 0(0"("(" ",''''I'"=''l rU.'lIU rnu. rrnV.·fpf' nl'fnf'f"-' U("HI!'."'.' I":~::-)· CO'''C"(1( F\.A1wonlC I HEREBY CERTIFY Ihls survoy mcol,lhe MInimum Technical Standard' ,ot forth by thl! Flolldo Ooard oll'lol~Hlon[\1 Land S~rweYor In Chapter 61G17. Florida Admlnlslrollve Code, pU/5uant 10 Section 472,027. Florida Slalules. ~ ,'.' ---:::;?~ This survey Is Invalid without embossed surveyor's seal. _____ ______/¿.---;/ ___".,........- ¿:..z: - .. . -- A --. - - -. ........' . _ ~ . .. n,.~ .t"""1l,nd r.H......'~' '....101. Ç.'1I11C.I' tio, . . Memorandum To: David Harden, City Manager ;' Thru: Lula Butler, Community Improvement Director ()t) I....' From: Dorothy Ellington Date: May 10, 1995 Subject: Bankers Row Acquisition! Agenda Item/Special Project ITEM BEFORE THE COMMISSION This is to request permission to purchase property located at 239 NE 1st Avenue (currently under contract for purchase) through the temporary use of local Bootstrap Program funds. These funds will be returned to the program upon the sale of the property. The funds are available from previous years' allocations that have not been dedicated to eligible program activities. BACKGROUND In December 1994 we came before the Commission requesting permission to purchase the above referenced property through the City's HOPE 3 Mfordable Housing Program. The HOPE 3 program is funded through HUD's Community Planning and Development Division (Jacksonville Office) and is designed to provide ownership opportunities to low/moderate income home buyers through the acquisition of government owned properties. Subsequent to our contracting with HUD's Division of Housing (Coral Gables Office) for the purchase of this property we discovered that the historic character of the property and the requirements for rehabilitating it to historic standards would render the project too expensive to be affordable to low/moderate income buyers. HUD concurred. Since December we have had ongoing dialog with the neighborhood residents who are concerned about the future of the property and it's impact on their property values. They have expressed concern that ?l.m. " . · without the Citis control over the adaptive reuse of the property, an insensitive buyer may not be motivated to preserve the integrity of the property and surrounding neighborhood. Therefore we propose to purchase the property and as a special project, issue a Request for Proposal in accordance with State law governing the disposition of public held properties. We would then resell the property to the buyer who submits the most compatible proposal for the rehabilitation and reuse of the property. The subject property includes two cottages. Bankers Row is Zoned OSHAD and will accommodate several uses including residential, home occupations and small offices as well as mixed uses. Ideally, the neighbors of these units would like to see the property adapted to a permitted use which would be consistent with the goals and objectives of the Old School Square Historic Arts District. It is our belief that in consultation with the City Attorney we could develop an RFP that would be sensitive to the desires of the neighborhood. Staff has interviewed several applicants who are interested in acquiring this property and appear to have the financial resources to complete the project improvements. The cost for the acquisition of the property is $62,445. We currently have funding available in our Bootstrap Program which may be used with no impact on pending rehabilitation projects. The funds would be returned to the program upon the disposition of the property which could take up to 90 days. RECOMMENDATION Staff recommends approval to proceed with this special acquisition project located at 239 NE 1st Avenue including the issuance of an RFP in accordance with State law governing the disposition of public properties. '. . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: May 11, 1995 Regular Agenda Special Agenda Workshop Agenda x Consent Agenda When: May 16, 1995 Description of item (who, what, where, how much): Request to use Bootstrap funds to acquire prbpertyowned by HUD and to resell the property through the· issuance of:aRequest forPróposals. The acquisition costs total $62,445 and will be returned to the program upon resale. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: None (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~¿¡~#qL¿-~~~> , City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~O Funding alternative. m-~l~bl<¡) ~ Account No. & DeSCft.?/ n· .- - . - ili1 ~ . Account Balance:· J ~ ' City Manager Review: Approved for agen~NO Hold Until: .~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ¡·N· - MEETING OF MAY 16, 1995 APPROVAL OF RULES AND REGULATIONS OF THE HISTORIC PRESERVATION BOARD DATE: MAY 12, 1995 This is before the Commission to review and approve the rules and regulations of the Historic Preservation Board, as amended. Minor revisions have been made, as follows: Under Article I at Section 4 "Absences", the last sentence has been corrected to reflect the appropriate LDR reference. Under Article II at Section 1 "Meetings", Subsection (B) has been revised to indicate that meetings will be held in the evenings (after 5:00 p.m. ) on the first and third Wednesday of each month. Recommend approval of the Rules and Regulations of the Historic Preservation Board, as amended. . . '·~:'·f"'·'" , \J ":: [IT' OF DELAA' IEA[H '(1 1 ,..I 1995 OHIf:, 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 lOR I D A ...... MEMORANDUM AII·America City " III! DATE: May 9, 1995 1993 TO: City Commissi~ c_~ ~- .-/..... . FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval of Rules of Historic Preservation Board The rules of the Historic Preservation Board require that a review be made every 2 years. On May 3, 1995 the Historic Preservation Board reviewed and approved the attached rules and regulations. The rules and regulations require City Commission approval. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk ® Printed on Recycled Paper . . . RULES AND REGULATIONS CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ARTICLE I Section 1. Authoritv. The Historic Preservation Board (hereinafter referred to as the Board) shall be governed by Section 2.2.6 of the Land Development Regulations, of the Code of Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein, when adopted by the Board and approved by the City Commission. Section 2. Composition. The Board is to consist of seven (7) members appointed by the City Commission. The City Manager's designee shall act as the City Historic Preservation Planner, and will serve as Secretary of the Board. The City Manager shall also provide a Recording Secretary and such other assistance, expertise, and advice by his staff as may be required by the Board from time to time. Section 3. Or!!anization. (A) The Board shall elect a Chainnan and Vice-Chainnan from among its membership each September. They will serve in this office for one calendar year, but for no more than two (2) consecutive calendar years. The Chainnan will preside over the Board and will have the right to vote. In the absence of the Chainnan, the Vice-Chainnan will preside. The Chairman shall appoint all committees that may be required. .. , . . (B) The Historic Preservation Planner shall conduct all correspondence of the Board; maintain a file of the minutes of all meetings, indicating therein the substance of the meeting, record attendance, the vote of each member upon each question, or if absent or failing to vote because of a conflict of interest, indicate such fact; maintain records of Certificates of Appropriateness and Appeals for a Variance and other official actions. (C) A Recording SecretaIy shall be provided by the City Manager from among the City staff and shall take and transcribe the minutes of each meeting of the Board. Section 4. Absences. A Board member absent at three (3) consecutive regular meetings, or any four regular meetings in any 12-month period, shall constitute an automatic resignation from the Board by such member, unless said absence is due to illness or other extraordinary circumstances. Each board member shall be responsible for notifying the SecretaIy or the Chainnan as promptly as possible of any anticipated absence from a Board meeting. In addition to automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the Chainnan of the Board. Furthermore, any member may be removed, with or without cause, by a majority vote of the City Commission. Replacement membership will be made by the City Commission in accordance with the provisions of Section 2.2.1 (F) of the Land Development Regulations. ARTICLE II Section 1. Meetinl!s. 2 " , . ~ (A) Meetings shall be divided into three (3) categories: regular, special and workshop. (B) The Board shall conduct a regular meeting each calendar month. This meeting shall be held in the evening hours (after 5:00 p.m.) on the first and third Wednesday of each month, unless there is no cause to hold such meeting, or that date falls on a holiday as designated by the City of Dekay Beach. The Board, by a majority vote of the Board present and voting, may change the day and time for its regular meeting as long as no Board member would be subject to automatic removal by the change. (C) A special meeting may be called by the Chainnan or Vice-Chairman or by petition signed by not less than four members of the Board. A special meeting may be called subject to notification of the members in sufficient time so they may make arrangements to attend. (D) Workshop meetings shall be held as needed and may be called by the Chainnan or Vice-Chainnan. (E) Public hearings are to be conducted in accordance with all statutory prOVISIons. Public hearings are required by reason of the filing of an appeal for a variance to the City Code or for purposes of detennining a historic district or historic site. The public hearing may be held at a regular or special meeting. Section 2. Quorum. A Quorum shall consist of four (4) members of the Board in order to conduct any of the meetings listed in Article II, Section 1. Section 3. Personal Conflict of Interest. 3 - " - 1 Neither members of the Board, the Historic Preservation Planner, Board SecretaIy, or a member of the City supportive staff shall appear or represent before the Board a person or persons in any matter pending before the Board. No member of the Board shall hear or vote upon a matter before the Board in which he or she is directly or indirectly affected fmancially. Whenever a member of the Board has a personal, private, or professional interest in any matter which is before the Board, that member shall disclose said conflict of interest before discussion and vote, shall refrain from voting and shall file the proper fonn setting forth such conflict with the Board SecretaIy pursuant to the provisions of Chapter 112, Florida Statutes. If the departure of a member is required for this reason and said departure no longer provides for a quorum, then the item before the Board shall be continued and voted upon at the next regular or special meeting. Section 4. Conduct of Meetines. All meetings shall be open to the public. In the event a witness or witnesses are required to give testimony under oath, such oath shall be administered by the Chainnan, Vice-Chainnan or Board SecretaIy. Section 5. Order of Business. (A) The order of business at regular or special meetings shall be as follows: (a) Roll call (b) review and approval of minutes of previous meeting( s), as printed or changed by deletion or substitution (c) approval of agenda (d) hearing of Certificate(s) of Appropriateness and decision thereon (e) reports of Committees and special reports (f) 4 " , · unfinished business (g) new business (h) adjournment. The Chairman may, at his or her discretion, change the order of business. (B) The order of business for public hearings is as follows: (a) Roll call (b) purpose of public hearing (c) comments from the public or witnesses, pro or con (d) rebuttal by witnesses, pro or con (e) close of public hearing (f) comments by members of the Board (g) vote on item before the Board. The Chairman may establish appropriate time limits for all arguments, but such time limits shall be equal for both sides. Witnesses may be called and factual evidence and exhibits may be submitted. Section 6. Reauirements. The requirements of Section 4.5.1(J) of the Land Development Regulations and the appropriate Florida Statutes shall be met prior to a public hearing on an appeal for variance from existing ordinances. Requirements for a public hearing for designation of a historic district or site, shall be met by fulfùling the provisions of Section 4.5.1 of the Land Development Regulations. Section 7. Decisions. Voting, at all meetings, shall be by roll call vote. Roll call may be in random order. The Chairman shall vote last. The voting of each member shall be "yes" (in favor of the motion), "no" (opposed to the motion), or "abstain" in the event of a conflict of interest. The number of votes necessary to render a decision of the Board shall be governed by Section 2.2.6(C) of the Land Development Regulations. 5 " , - . I . Section 8. ADDeals of Decisions. Appeals of decisions of the Board may be made at the appropriate time and in the appropriate manner to the City Commission as set forth in the ordinances of the City of Delray Beach. Section 9. Rules of Procedure. Robert's Rwes, latest edition, shall govern all questions of parliamentary procedures not specifically provided for herein. ARTICLE III Section 1. Amendments. These rules and regulations may be amended by a concurring vote of four (4) members of the Board with subsequent approval by the City Commission, provided that the proposed amendment( s) has been presented to the Board at least five (5) working days to the voting thereupon. Section 2. Review. These rules shall be reviewed by the Board not less than every two (2) years. Recommendations for proposed amendments shall be made in writing and reviewed for approval or disapproval of the legality, by the City Attorney's office prior to submission to the Board. Section 3. Effective Date. 6 . . . ~_ _+ _ .......d_. .. . . - . These rules and regulations, and any amendments thereto, shall become effective following their approval by the City Commission. Section 4. Conflict. In the event these rules and regulations, now or in the future, present a conflict with any of the Code of Ordinances of the City of Delray Beach, then those Code of Ordinances, then if effect, shall prevail. These rules and regulations of the City of Delray Beach, Historic Preservation Board were adopted by the Board on the ..3 day of :!j,d'" , 1996, ~V'JPà~ -- Chairm~ Historic Preservation Board Passed and approved by the City Commission in regular session this day of , Mayor, City of Delray Beach ATTEST: City Clerk, City of Delray Beach hpbrules.rbs 7 . , . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~·LJ· - MEETING OF MAY 16, 1995 RESOLUTION NO. 39-95 DATE: MAY 12, 1995 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 110 S.W. 12th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $4,271.30 remains unpaid. Recommend approval of Resolution No. 39-95 assessing costs to demolish an unsafe building on property at 110 S.W. 12th Avenue. . . n RESOLUTION NO. 39 - 95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY , BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE , BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE r CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . , . . WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice{s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6% ) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 39-95 . , . . Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1995. MAYOR ATTEST: City Clerk i - 3 - Res. No. 39-95 . , . . CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Charles F. Ridley ADDRESS: 137 SW 12th Avenue. Delrav Beach. F1 33444 PROPERTY: 110 SW 12th Avenue. De1rav Beach. Fl 33444 LEGAL DESCRIPTION: Lot 15. Block 3. Atlantic Park Gardens according to Plat Book 14. Page 56 of the official records of Palm Beach County. Florida You, as the record owner, of, or holder of an interst in} the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 -' has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 5-31-90 that the Chief Building Official had deter- mined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the pro- cedures for obtaining an apeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. . . . , . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above de- scribed property on 12-28-90 at a cost of $4,271.30 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be reocrded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTAGES. Copies of all notices referred to in this notice are avail- able in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk . ' - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # y. ? - MEETING OF MAY 16, 1995 RESOLUTION NO. 40-95 DATE: MAY 12, 1995 This is a resolution assessing costs for emergency abatement action required to board up an unsafe building on property at 212 S.W. 11th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $188.91 remains unpaid. Recommend approval of Resolution No. 40-95 assessing costs to board up an unsafe building on property at 212 S.W. 11th Avenue. " ' . . , RESOLUTION NO. 40 - 95 ! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY i BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS II , OF THE LAND DEVELOPMENT REGULATIONS OF THE i i CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT I ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED ì WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN , EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative I ¡ has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code i ! of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his ! designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . , . . WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No.40-95 . , . - resolution shall become effective thirty , Section 4. That this I (30) days from the date of adoption and the assessment(s) contained I l herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s) , after which a lien shall be I placed on said property(s) , and interest shall accrue at the rate of six I percent (6% ) per annum plus reasonable attorney's fee and other costs of I collection. , \ I Section 5. That in the event that payment has not been re- I I ceived by the City Clerk within thirty (30 ) days after the mailing date I ¡ of the notice of assessment, the City Clerk is hereby directed to record I I a certified copy of this resolution in the public records of Palm Beach I I County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the I I subject property which shall secure the cost of abatement, interest at I the rate of 6%, and collection costs including a reasonable attorney's i fee. I ¡ PASSED AND ADOPTED in regular session on this the day ! of 1995. I , I ¡ , , ! , MAYOR i ATTEST: , , í City Clerk I , ¡ ¡ , , - 3 - Res. No. 40-95 . , . . NOTICE OF ASSESSMENT Date TO: United Companies Lending Corporation ADDRESS: 4041 Essen Lane, Baton Rouge, LA 70809 PROPERTY: 212 SW 11th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lots 15 and 16, Block 7, Atlantic Gardens Delray according to Plat Book 14, Page 63 of the official records of Palm Beach county, ¥10r1da You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $188.91 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 2-17-95 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 2-20-95 at a cost of $188.91 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . . , Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk . , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER &,. Q . SUBJECT: AGENDA ITEM # - MEETING OF MAY 16, 1995 RESOLUTION NO. 41-95 DATE: MAY 12, 1995 This is a resolution assessing costs for emergency abatement action required to remove an abandoned septic tank on property located at 242 N.W. 6th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $694.48 remains unpaid. Recommend approval of Resolution No. 41-95 assessing costs for abating a nuisance on property at 242 N.W. 6th Avenue. . , . . RESOLUTION NO. 41-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS II , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land{s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60 ) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . , . . WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6 %) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 41-95 . ' . . . - _..-~---- -.....-.--.-.-->.--- Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6!!,. and collection costs including a reasonable attorney's o , fee. PASSED AND ADOPTED in regular session on this the day of , 1995. MAYOR ATTEST: City Clerk - 3 - Res. No. 41-95 . , . . CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Rebecca Hayes ADDRESS: PO Box 4064. Lantana. Fl 33465 PROPERTY: 242 NW 6th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Town of Delray, 830' of N90' of E135' of Block 10, accordini to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl. You, as the record owner, of, or holder of an interst in, the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 -' has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 1-77-<)') that the Chief Building Official had deter- mined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the pro- cedures for obtaining an apeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. . - . , r The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above de- scribed property on 4-26-QS at a cost of $6Q4.4R which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be reocrded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTAGES. Copies of all notices referred to in this notice are avail- able in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk . , . ()IØtJt ! ¡ [IT' OF DELAA' IEA£H ft.iAY t ;i 1995 \'" ~¡ CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH f tOR I D A Itae.d AII·America City MEMORANDUM , III I! DATE: May 9, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Appointment of Outside Counsel Vignari v. City and Patrick McCollum The City Attorney would request that the City Commission approve the appointment of Kent Pratt to represent Officer McCollum in the above-styled case. Mr. Pratt will charge his regular rate of $100.00 per hour for this matter. cc: David T. Harden, City Manager Chief Richard Overman, Delray Beach Police Department Officer Patrick McCollum, Delray Beach Police Department Sharon Morgan, Executive Assistant/City Clerk's Office vignari3.dnt p./(. ® Printed on Recycled Paper . - - . ~~ - RECEIVED AlAY , f 1995 [ITY OF DELIA' IEA[H Ctry MM" ".... ~ , . n¡:F/Cl CITY ATTORNEY'S OFFICE 300 W ATLANTIC AVENUE' 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: May 9, 1995 SUBJECT: K-9 Agreement ------------------------------------------------------------------------ ------------------------------------------------------------------------ Enclosed for your review is a Hold Harmless Agreement regarding the sale of the canine Rambo to his handler Louis Brown. The sale price of $1. 00 has been set due to the fact that Rambo has given his full service to the City and can no longer be of service. I have reviewed the Agreement with the City Attorney and the Risk Manager and they feel Paragraph 4 will protect the City from any future liability. Additionally, Mr. Brown has submitted paperwork to me showing that Rambo is now added to his homeowners policy for liability purposes. If this agreement meets your approval, please add same to the Consent Agenda for Commission approval. Please feel free t.o contact me if I can be of further assistance in this matt.er. EDH: lbg ß', II ( c: Susan Ruby , City Attorney Lee Graham, Risk Manager Attachment 8".5. . , . - . K-9 SALE AND HOLD HARMLESS AGREEMENT WHEREAS, the City of Delray Beach, Florida, through its Police Department is desirous of retiring and selling an animal currently being utilized in the City's K-9 program, said animal being identified as follows: "Rambo" German shepherd (hereinafter referred to as "Canine"); and, WHEREAS, Louis I. Brown, a current employee, either currently or previously assigned to the Delray Beach Police Department K-9 unit (hereinafter referred to as "Owner") is desirous of purchasing, keeping, training, and assuming full responsibility for the Canine as a pet at his place of residence or other appropriate kennel facility. NOW, THEREFORE, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The City of Delray Beach, Florida does hereby sell on an "as is" condition for One Dollars ($1.00) and other good and valuable consideration said Canine described above to Owner, 2. The Owner shall henceforth be solely and completely responsible for said Canine, including but not limited to, providing for the care and maintenance (including all regular and extraordinary veterinary expenses) for the remainder of the Canine's life. 3. The Owner shall inform the City as to any change of residence address that Owner makes. 4. The Owner shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees from any and all claims, suit, causes of action or any claim whatsoever made arising from property damage and/or personal, bodily or mental injury to a human or animal caused or allegedly . , r . caused by the actions of said Canine as a result of or following the date of this Agreement. 5. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys fees. 6. The Owner, by signing below, affirms that he has read and understands this Agreement and that he has been given the opportunity to have the attorney of his choice review this Agreement. THIS AGREEMENT made and entered into on this 69- day of -~ ,1995, City of Delray Beach, Florida By: Mayor ATTEST: ~f.~ City Clerk Witness Approved as to form: ~. '--;-r";· ,: ~:-:;;./ City Attorney KIIBROWI1l. IAGREEMT 2 . ' . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: rfCITY MANAGER 9A SUBJECT: AGENDA ITEM # - MEETING OF MAY 16, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 12, 1994 Attached is the Report of Appealable Land Use Items for the period May 1 through May 12, 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. ~ ct fhd 5-0 " ' , ~ ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~;õ:: MANAGER THRU: DIA DOMINGUEZ, DIRE~ DEPARTMENT OF PLANNING N ONING tb>LA ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MAY 16, 1995 REPORT OF APPEALABLE LAND USE ITEMS MAY 1, 1995 THRU MAY 12, 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 May 1, 1995, through May 12, 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 pro v ides 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 May 16, 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 MAY 3, 1995 A. Approved ( 6 to 0) , the architectural elevation plan associated with a Multi-Family development, Coconut Palms, which is located at the southeast corner of Avenue "C" and Florida Boulevard. The site plan and landscape plan were previously approved by the Board. B. Approved (7 to 0) , the elevation for a perimeter fence for the parking lot at Sun Bank, located on the southeast corner of East Atlantic Avenue, and S.E. 3rd Avenue. C. Approved ( 7 to 0) , a minor site plan modification, landscape plan and architectural elevation plan associated with a 2,100 sq. ft. building addition for Landscape Techniques, located on the north side of Royal Palm Drive west of Wallace Drive. D. Approved (7 to 0) , the site plan, and architectural elevation plan associated with the development of a 404 unit multi-family project, Citation Club, located on the east side of Military Trail south of Linton Boulevard. The Board tabled the landscape plan so that the applicant may readdress proposed landscape materials. Concurrently the Board waived the requirement to provide a sidewalk along the east side of Military Trail. HISTORIC PRESERVATION BOARD MEETING OF MAY 3, 1995 1. Approved (5 to 0) , a request for Certificate of Appropriateness to allow modifications to the previously approved architectural elevation plan for the Open MRI of Delray, located at the northeast corner of N.W. 1st Street and N.W. 1st Avenue. 2. Approved (5 to 0) , a Certificate of Appropriateness to allow a change in the architectural elevation plan (window replacement for a single unit) at the Anchorage Condominium, located at the northwest corner of Marine Way and S. E. 1st Street. 3. Approved (5 to 0) , a request for Certificate of Appropriateness for a business sign for the Historic Bungalow located on the west side of Swinton Avenue, north of Atlantic Avenue. . . . City Commission Documentation Appealable Items Meeting of May 16, 1995 Page 3 The Historic Preservation Board also considered the following items which will be forwarded to the City Commission for final action: * Recommended designating the property located at 20 N. Swinton Avenue (Monterey House), on the Local Register of Historic Places. * Recommended designating the property located at 24 N. Swinton Avenue (Historic Bungalow) , on the Local Register of Historic Places. * Recommended designating the property located at 85 S.E. 6th Avenue (Blank House) , on the Local Register of Historic Places. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . , . . LOCATION MAP FOR CITY COMMISSION MEETING OF MAY 16. 1995 L-JO CANAL 0 Q: i 0( w > , ~ ~ r: .J ~ :;) 0( g ..J Z t- ;¡: o VI t- W !ó ,..0_.____ Z 15 :i « ¡ 0 VI w i « VI G. 0 LAKE lOA ROAD '" " u ~ Q: 0( In SW 2 ST ! ~ ~ . 0( 0( r---.J ., ..,. I 0 ~ ;¡: ;¡: ¡ > VI VI ¡ ~ ¡ Õ LOWSON BOULEVARD ID S.W. 10lH TREET Q I 0 ~ ¡ i ~ =i ~ 1'--- ~ n :2 i J. I -- ..-.-.---. L-38 CANAl.. S.P .RAS. H.P.S.: CIY liMn -.-.---- A. - COCONUT PALMS I. - OPEN N.R.I. OF DElRAY B. - SUN BANK 2. - THE ANCHORAGE CONDOMINIUM I ML! I C. - LANDSCAPE TECHNIQUE:S 3. - HISTORIC BUNGALOW I D. - CITATION CLUB SCALE N - CITY OF DELRAY HACH, R. PINININO DEPARnIOIT -- DIGITAL 8AS£ UAP SYST£M -- , c..e .5//6/95 - rnou&:J /!,eð íI) - 9. g, .fo /0 ,¡¡If . - 1r.,¿iJ//e.. fI fll.e/íJj ¡IE /Yl ~5-Ò [ITV DF DELRAY BEAEH CITY ATTORNEY'S OFFICE 200 NW Is! AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer"s Direct Line: (407) 243-7091 DELRA Y BEACH , .. 0 . D .4 be:d AlI·America City MEMORANDUM 1111 J! DATE: May 5, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Settlement of Tate vs. Ci(y of Delray Beach Lawsuit As you may be aware, the City is currently a party defendant in an inverse condemnation lawsuit filed by Stanley Tate. Mr. Tate is the owner of a 23.5 acre parcel of land located directly north of the L-33 canal and the Temple Sinai property and immediately west of the E-4 canal. The Temple Sinai property is directly across Atlantic Avenue from the Delray Beach Municipal Golf Course. In this inverse condemnation lawsuit, Mr. Tate has alleged that his property has been "taken" by the City by certain "action" of the City which Mr. Tate contends have deprived him of legal access to his property. The City has denied these allegations, however, a settlement proposal has been made which if approved and fmalized will result in the settlement of the pending litigation and facilitate residential development of approximately 71.5 acres of land including the Tate property and the lands to its immediate north. Attached to this memorandum are three separate packets of settlement documents involved in this transaction. The documents are quite voluminous because of the number of parties involved and the complexity of the transaction. I. SETTLEMENT AGREEMENT. Beginning with the packet in which the top document is entitled .. Settlement Agreement", the transaction is summarized as follows: A. In essence, the Settlement Agreement provides that as long as the various contracts are fulfilled, the pending litigation between Tate and the City will be dismissed with each party to pay its own costs and attorneys' fees. B. The second document in this first packet of documents is a Contract for Sale and Purchase in which the City is agreeing to purchase the Tate property for a total r¡·fi· 12\ _ - - , City Commission May 5, 1995 Page 2 sum of $1,200,000.00. At this point in time, it should be noted that other documentation inunediately assigns the City's rights as the buyer of the Tate property to a third party, i.e. Excel Development Corp. (Excel) which requires Excel to put up the money, except as set forth below in Paragraph C. C. Attached to the contract is an Addendum which provides numerous details of the Contract for Sale and Purchase. This Addendum provides that if the Contract does not close for any reason, the parties will go back to the pending lawsuit without prejudice to their respective positions therein. Otherwise, it is contemplated that the Contract assignee (Excel Development Corporation) will proceed to submit to City a site plan for the Tate property and 48 acres to the north of the Tate property for a residential development with a density not to exceed six (6) units to the acre. Access to the proposed subdivision will be along the western border of the Temple Sinai property and the acquisition of this access drive from Temple Sinai is the subject of a separate agreement. Assuming subdivision/site plan approval, closing is scheduled to occur by October 10, 1995, unless extended. While set forth in yet another agreement between the City and Excel at closing, the City will be required to contribute the sum of $125,000.00 toward the purchase price of the Tate property. Either by coun order or deed, title to the Tate property will be conveyed to Excel, at closing. (*Please note that this money is the approximate amount of money the City would have paid for the Temple Sinai road pursuant to the City's reservation agreement with the Temple). D. The next document in this packet is a Stipulated Final Judgment which would become effective at such time as the closing of the Tate property takes place and title is vested in Excel. The Stipulated Final Judgment would also have the effect of dismissing the pending litigation. E. Other documents in this packet include a standard owners or sellers affidavit and releases to be signed by the City and Stanley Tate concerning the pending litigation. F. The final document in this packet is an Access Agreement which will pennit Excel access to the Tate property for purposes of performing inspections, surveys, soil tests, etc. II. AGREEMENT. The second packet of documents, the first of which is entitled " Agreement" , is attached to this memorandum and represents various agreements between the City and Excel and are summarized as follows: r City Commission May 5, 1995 Page 3 A. The top document in this packet is a document entitled "Agreement" which has the effect of the City assigning to Excel its rights under the City's contract with Tate to purchase the Tate property. Secondly, this Agreement has the effect of assigning to Excel the City's rights and duties under a contract with Temple Sinai to purchase the access drive along the western boarder of the Temple Sinai property. Excel will be responsible for the payment of the purchase price to the Temple plus all site improvements as set forth in a Reservation Agreement between the City and Temple Sinai dated May 27, 1993. Conditioned upon the rezoning and closing of the Tate property, Excel would close on the Temple Sinai property for its subdivision access drive. Then, at the time of plat approval, Excel will deed or dedicate at no cost to the City, the roadway from the L-33 canal to Atlantic Avenue. As an additional part of this transaction, City will quit claim to Excel its rights to any property lying east of Old Davis Road. The City and Tate will also release whatever right, title and interest it has in the culvert bridge on "Old Davis Road" to Excel provided Excel pays the cost of moving the same. As a part the site process, Excel will provide an access easement to a City watertank located in the area of the subdivision. Attached to the "Agreement" are copies of the various agreements in the other packet involving the transaction between the City and Tate. III. DESIGNATION AGREEMENT. The next set of documents in this packet, the first of which is entitled "Designation Agreement", which has the effect of designating or assigning to Excel the City's rights under the Tate agreement. A. The packet also includes, as Exhibit F, the May 27, 1993 Reservation Agreement between the City and Temple Sinai of Palm Beach County, Inc. The sketch attached to the Temple Agreement shows the location of the access drive along the western boundary of the Temple Sinai property extending to the L-33 canal. B. Finally, attached to this packet, but an independent agreement is a Contract for Sale and Purchase for the Temple Sinai property by which it would convey the access drive to the City. As noted previously, this contract will be assigned to Excel so that the payment of all money thereunder and the perfonnance of all site improvements as required by the Reservation Agreement will become the duty and obligation of Excel. However, the City reserves the right to close this transaction (Le. acquire the access drive), even if the balance of the transaction fails. I hope that this memorandum helps to explain what is a very complex transaction with numerous conditions and contingencies. The net effect of all of the attached documentation is that if approved, and upon approval of a zoning, site plan, and subdivision for the Tate and adjoining lands, the City/Tate lawsuit will be settled, the " , City Commission May 5, 1995 Page 4 City will have contributed $125,000.00 toward the transaction. Furthermore, subject to the City Commission approval, a 71 acre residential subdivision will be developed. If the conditions fail or a party fails to perform, then the City will go back to its lawsuit and any deposits made pursuant to a contract will be refunded. ~znY questions, please call me. S __,' . cc: David Harden, City Manager late 2.sar " . . . II RESOLUTION NO. 42-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN; AUTHORIZING THE CITY TO TRANSFER TO A DESIGNEE THE SAME REAL PROPERTY, HEREBY INCORPORATING AND ACCEPTING THE CONTRACTS AND AGREEMENTS STATING THE TERMS AND CONDITIONS FOR THE ACQUISITION AND TRANSFER BETWEEN THE SELLER, THE DESIGNEE, AND THE CITY OF DELRAY BEACH, FLORIDA, AND ADOPTING THE SETTLEMENT AS CONTAINED IN THE AGREEMENTS ATTACHED HERETO. WHEREAS, the City of Delray Beach, Florida, is presently involved in an inverse condemnation lawsuit brought by Stanley Tate, as Trustee ("TATE") , concerning property north of Atlantic Avenue and west of the Lake Worth Drainage District's E-4 canal; and WHEREAS, in an effort to settle the lawsuit, the City of Delray Beach desires to enter into purchase contracts with Temple Sinai and Tate for the acquisition of property hereinafter described and immediately designate Excel Development Corp. as the buyer; and WHEREAS, the City of Delray Beach, Florida, has previously entered into a reservation agreement with Temple Sinai, Inc. for the acquisition of property for road right-of-way purposes, and at this time the City of Delray Beach desires to exercise its option to purchase the road right-of-way and immediately transfer to its designee; and WHEREAS, further the City desires to release and/or quit claim any interest it may have in the Davis Road right-of-way south of Owens Baker Road, north of the L-33 Canal and west of the E-4 Canal, as well as any interest the Ci ty may have in the Lake Worth Drainage District's E-4 Canal easement south of the L-33 Canal, north of Atlantic Avenue, and east of the fifteen foot alley as indicated on the Plat of Replat of Part of Breezy Ridge Estates, as recorded in Plat Book 24, Page 116 of the Public Records of Palm Beach County, Florida; and WHEREAS, Excel Development Corp. desires to accept the release or quit claim of the City's interest in Davis Road south of Owens Baker Road, north of the L-33 Canal and west of the E-4 Canal to accept designation as outlined in the agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: **NULLIFIED BY ACTION OF THE CITY COMMISSION TO FORMALLY CANCEL ALL EXISTING AGREEMENTS BETWEEN THE CITY, TATE, AND EXCEL DEVELOPMENT - CC 8/8/95 r . . Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Temple Sinai, Inc. and Stanley Tate, as Trustee, as Sellers, land, for right-of-way purposes and for the settlement of a lawsuit, and for good and valuable consideration, as more clearly set forth in the documents attached hereto as composite Exhibit "BII ; said parcel being more particularly described as follows: See Exhibit "A" attached hereto Section 2. That the City Commission of the City of Delray Beach, Florida, as assignor, hereby agrees to designate to Excel Development Corp. the purchase and sale contracts with Temple Sinai, Inc. and Stanley Tate, as Trustee, for the above described property pursuant to the designation agreement attached hereto for other good and valuable consideration as set forth in composite Exhibit "B" hereto. Section 3. That the City Commission of the City of Delray Beach, Florida, hereby agrees to release and/or quit claim any interest it may have acquired in the Davis Road right-of-way south of Owens Baker Road, north of the L-33 Canal, and west of the E-4 Canal, as well as any interest the City may have in the Lake Worth Drainage District's E-4 Canal easement south of the L-33 Canal, north of Atlantic Avenue, and east of the fifteen foot alley as indicated on the Plat of Replat of Part of Breezy Ridge Estates as recorded in Plat Book 24, Page 116 of the Public Records of Palm Beach County, Florida, to Financial Florida Developers, Inc. Section 4. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be as set forth in the contracts and agreements for sale and purchase attached as composite Exhibit liB" hereto. Section 5. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Sellers and all other designations, agreements, stipulations and other documents attached hereto as composite Exhibit "B" are incorporated herein. PASSED AND ADOPTED in regular session on this the 16th day of May, 1995. M~- ~ ., . ...~¿/?)~;;~.~~ ( . M A Y":,O' R ATTEST: ()-&~~IIa74 City C erk - 2 - Res. No. 42-95 . . . EXHIBIT "A" A PORTION OF PLAT OF TEMPLE SINAI of Palm Beach County as recorded in Plat Book 46, Page 53, being more particularly described as follows: BEGINNING at the SW corner of said plat thence N.83°59'0"E. a distance of 30 feet, then N.6°01'00"W. a distance of 163.37 feet, thence N.0012'30"E. a distance of 187.2 feet, thence W a distance of .96 feet, thence N a distance of 690.93 feet, thence N.89°12'30"W., a distance of 72.01 feet, thence S a distance of 691.92 feet, thence E a distance of 42.96 feet, thence S.0012'30"W. a distance of 188.72 feet, thence S.6°01 'OO"E. a distance of 165.00 feet to the point of beginning. and All of that portion of the following three (3) tracts being in Section 18, Township 46 South, Range 43 East, and lying west of E-4 Canal, Palm Beach County, Florida. 1. The S. 1/2 of the N.W. 1/4 of the S.W. 1/4 of the N.E. 1/4, 2. The N. 1/2 of the S.W. 1/4 of the S.W. 1/4 of the N.E. 1/4. 3. The S. 1/2 of the S.W. 1/4 of the S.W. 1/4 of the N.E. 1/4. ALSO the S. 3/4 of the E. 1/2 of the S.E. 1/4 of the N.W. 1/4 of said Section 18. Sometimes referred to as Tracts 24, 25 & 26, MODEL LAND COMPANY SUBDIVISION Section 18/46/43 (Plat Book 6, Page 51). LESS THE FOLLOWING: The North 100.00 feet of that part of the South half (S 1/2) of the Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4) of Section 18, Township 46 South, Range 43 East, lying west of the westerly right of way line of Davis Road, together with the North 100.00 feet of the South three quarters (S 3/4) of the East half (E 1/2) of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of said Section 18, less the West 30.0 feet thereof, all lying in Delray Beach, Palm Beach County, Florida. ALSO LESS: The West 30.0 feet of the South three-quarters (S 3/4) of the East half (E 1/2) of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Section 18, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, less the South 70.0 feet thereof. , . . ALSO LESS: The South 100 feet of the North 200 feet of the South three quarters (S 3/4) of the East half (E 1/2) of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of said Section 18, less the West 30 feet thereof; together with the South 100 feet of the North 200 feet of that part of the South three- quarters (S 3/4) of the West half rvv 1/2) of the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4) of said Section 18, lying west of Lake Worth Drainage District's Canal E-4. and Any road right-of-way that the City of Delray Beach may have title to or some ownership interest in along Davis Road south of Owens Baker Road west of or within the Lake Worth Drainage District easement for the E-4 Canal, and north of the L-33 Canal. and That part of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Commence at the Southeast comer of Lot 1, Block 1, Sudan Unit A, as recorded in Plat Book 28, Page 144 of the Public Records of Palm Beach County, Florida; thence S.89°44'58"E., along the easterly extension of the south line of said Lot 1, 47.52 feet to the point of beginning; thence S.l1 °58'04'W., 1400.06 feet to the Northeast comer of the plat of replat of part, BREEZY RIDGE ESTATES, as recorded in Plat Book 24, Page 116 of the Public Records of Palm Beach County, Florida (said Northeast comer being 20.00 feet north of the north line of Lot 10, replat of part Breezy Ridge Estates and 15.00 feet east of the east line of Lot 11 , replat of part, Breezy Ridge Estates); thence S.8°28'41"W., along the east line of said plat and along the east line of the 15 foot alley as shown on said plat of replat of part, Breezy Ridge Estates, 688.40 feet, thence S.0059'19"E, along the east line of said plat and along the east line of said alley, 199.58 feet to the north right of way line of State Road 806 as shown in Road Plat Book 3, Page 28 of the Public Records of Palm Beach County, Florida, thence N.71 °37'41 "E., along said north right of way line, 25.15 feet to a line 24.00 feet east of and parallel with the said east line of the plat replat of part, Breezy Ridge Estates; thence N.0059'19"W, along said parallel line, 190.08 feet; thence N.8°28'41 "E., along a line 24.00 feet east of and parallel with the said east line of the plat of replat of part, Breezy Ridge Estates, 685.68 feet; thence N.ll °58'04"E., 1404.31 feet to the intersection with the easterly extension of the south line of said Lot 1, Block 1, Sudan Unit A; thence N.89°44'58"W., along said extension, 24.51 feet to the said point of beginning. . . . ,~ L - SETTELEMENT AGREEMENT . , .sx::' THIS SETTLEMENT AGREEMENT made and entered into this:¿ /-nay of April, 1995, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation (hereinafter referred to as "City"), STANLEY G.TATE, Trustee (hereinaft~r referred to as "Tate"), and THE LAKE WORTH DRAINAGE DISTRICT ("LWDD"). , . W I T N E SSE T H: WHEREAS, the City and Tate in order to a'yoid the expenses of litigation in connection with the case styled STANLEY G. TATE, TRUSTEE,v. CITY OF DELRAY BEACH, et aI., Case No. 93-5198AI ("Lawsuit") and in an att~mpt to resolve their differences; and NOW, THEREFORE, for good and valuable consideration, it is agreed as follows: 1. That the City and Tate enter into the Contract for Sale and Purchase attached hereto as Exhibit "A" ("Contract"). - 2. That upon the Closing and payment to Tate under the Contract, the parties wilI execute and exchange the general releases attached as Exhibits to the Contract. 3. That upon Closing, under the Contract, the parties agree to pay their own attorney fees and costs and execute the Stipulation attached 'as, an Exhibit to the Contract. 4. By agreement of the parties, the contents of this Settlement Agreement and the Contract attached hereto as Exhibit "A" are not admissible to the Court in that they represent settlement negotiations. In the event that the Contract is terminated for any reason, including, but not limited to, failure of a condition, default by Buyer and/or a default by Seller, then the parties shall be placed in the same position as if the Contract had not been entered into without prejudice to any party for entering into this Settlement Agreement or the attached Contract, and Seller shall I 1 COMPOSITE EmIBIT B - . . be entitled to pursue all of its rights and remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with such Lawsuit. 5. The parties agree to a reservation of rights in the event the Contract does not close to return to the Court for appropriate relief with regard to the ligitation.. In that event, the parties hereto agree to reserve jurisdiction under this case to finalize the litigation of this matter and resolve their differences according to the Rules of Civil Procedure. . 6. The parties hereby agree to notify the Court in the litigation of the pending settlement contemplated by the Contract and to request appropriate continuances so that neither . party shall be prejudiced as a result of the time between the date of the execution of this Settlement Agreement and the proposed Closing under the Contract. In the event for any reason either party would be prejudiced as a result of such delay, the parties shall proceed in connection with the litigation subject to the potential resolution of Litigation as contemplated by the Settlement Agreement. - IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. SIGNED, SEALED AND DELIVERED CITY OF DELRA Y BEACH IN THE PRESENCE OF: By: Its: Witness (Type/Print) Name Attest: Clerk Witness (Type/Print) Name Corporate Seal , , 2 . ....'. . " .. , ~ . ~_._.. ~JA D1~'¿¥, ~ v:2-,-~ Stanley G. Tat rustee ~~.e.... JON e... ~ Witness (Type/Print) Name )!1 tiJ \l),~ , ./ (0A'\\ vJ \ ~ ~ flY'- . Witness (Type/Print) Name THE LAKE WORTH DRAINAGE DISTRICT By: Its: Witness (Type/Print) Name Witness (Type/Print) Name - , ~ 3 . ~ - . .' ~"HleAH·2' H,vllla llVl RIDeRS CAN H OBT"lrftD fROM '"I:. f1.DmOA AHtlC"''''',,'" ur rtEAL.luna un '"& rL,VNU" ."'". . ~. . . CODyrlgh1 1991 bv The FI~rlda ear and The Florida Assocl.1Ion of REALTORS , ~n ,. '" ,......cTJ I ".~,,~ r . CONTRACT =-C·::. =:~:..::: ¡:..:-:=. ::::-?.C~~:~':;= ""\ , FLORIDA ASSOCIATION OF REALTORS A':'D THE FLORIDA BAR PARTIES: Stanley G. Tate. Trustee r§!!!!!1, 0' (Phone .nd rim ) (ooIl=y 're' upon .he 1- any AkS.,. Ind enda to thlt WI'trum, I. DESCRIPTION: (.) Log.1 descrtølk>n 0' R.oI p,oporty IocoIlod In Pa 1m Beach Counly. Florid.: See Exhibit A attached hereto and made a oart hereof ("Pronertv") (b) St,..1 addr.ss, city. zip, of the Propel1y II: Ic) PeflOl1lhy: II. /¡SJÍilelieþ.ÍiCE ... .~~U.b.j~~~. :~ .l.n.c.r~~~~ .~s. .p.r?~~~~~ .f.o.r. ~~. :~~ .A~?~~~~.................... 1.200,000.00* PAVMENT: ,.) Doposll(') \0 bt hold In ___ by Brackett. Cook et al In ... _I 01 , . , . See Addendum (b) Additional escrow depoalt whhln_da"'lhlr Enectlve Dat"in the amount of . . . ,.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Subjec1 to AND usumpUon of mortgage In good "andlng In llYOf' D. haYing In approxlmatl pr...m ~ bllanee of . . . S (d) PurchlH money mortgage and noli belring annUli Int.,.., at . "'t_Addtndumllnomounlol ."...,....." S (') Other: S (f) BoItnct 10 cIoot (U.S, cuh. LlI t .Fl 11 II J I I II, II J J r ................. I.?OO 000 00*- III. TIME FOR ACCEPTANCE: EFFECTIVE DATE: FACSIMILE: II l1li. oller 10 not .......od bY ond _od \0 all poItlot OR FACT OF EXECUTION commun_ .In Wf; betw..n the pa",,, on or be'or. the deP",",.) will. .t ·B..,.,'. option. bt .otumod \0 8uyor ond thfo 011.. wIthctr.wn, A ._",;¡. copy 01 Con"oc' I' . rCont'oeI' ond ony 1ign.1u... ner_ .h." bt __'od for oil purpooe. .. orlgln.I., The dot. 01 ConI,m rEII_ O.t.; wi" be tho .J: tholulonoollheB...,...ndSollorh."'Vnodhe"/Vnodlhlooll... ** by wire tr,ansfer to such account designated by Seller subject to IV, FINANCING: proratiOIT as set forth 1n this Agreement (See Addendum). (.) or (2) Of (3)): (I) 0 I fllod. (2) 0 on oII ulloblt or (3) 0 . IIlod or 0111_' ..I. lOon wtlhln _ doyÎ In", El1tc:\ho Do.. 01 on InI\ioI Inf..m ,ot. not' \0 18rm of _ year. and for the principal amount of S 1Iuyer will mlk. oppfIcaIIon _ diligence to obtain thl tot" commitment Ind. ther..fter I to meet the 'erml and condllloM bf the commitment n. Buyer ahan pay IU loti" ...pens... II f le¡Is to Obl,.n thl commitment or faill to walv. Buyer', rtghll under this lUbparlgraph ""thin the t "ing the commllm.!['t Of Ihtr diligent effort ,.'" to mef terms and condilion, of the commltm'nt. then either p8rty ther.."er by prompl wrhtin n m.y caneol the Conlroct ind Buyer 011.11 be 'ofuncled tho clop< (b) The ....ling mortg.g. d.ocribod In P...groph II(e) _ h.. (CHECK .. variable InIIrHt rat. or (2) 0 . 'Ixed k1't,tlt ,.t. or _ '" J* .r At lime of tille Uln,ltor som. I¡xed Int.re" rile. Ir. lub' II. If tncr..Md, the rite ahall noI eXCMd _ ~ per annum. Sell. ahan. wtthln _ d8yI Ellechvl DI", lurnish 111'tmenl' 1'0 gee' Itltin; principl' ballnctll., method- of' payment. Inl.....t rile and "alul of monpg... If Buyer h.. agreed 10 ..11.1 ~~~g~:~h:-"~: requIres y monOlg.. ~~:~g~ltn~ ";~~= r assumpllon. lhen B~'h~~:' ;.':'~ obtatn aH requtred "'Prti:.::, :1.:.'::;'I~M=M:eB and r ace ngagee or Ihe requltemenls 'or assumption ar. not In ac~rd.nce wilh 1hl I,rml 01 Ihla Conlract Dr mongaOH ~k'l . charge In 'XCIU 01 the ..al~n V, H 0 ~'1.'1{¡ (III (l}Q 'I'll II) ¡;;¡ " , 1 J . , . , . .. , 'IT 1 CLOSING DATE: ThIS t'.nlOctlon .h.11 bt clolod ."d tho _ ond other cloilng pipo,. d.livorod on See Addendum attached hereto VI, . unlou ...._ by othe' KOVtoJono 01 Cor VII, RESTRICTIONS: EASEMENTS: LIMITATIONS: Buyor 011." t.k. UtIt .ubloeI to: zoning. ...._., prohibition. ond other roquIromontI ~ by _mrnontol .uthorlty: _r; and mltlers _øøe.tlng on lhe pta' Dr otherwl.. common 10 lhe subdivilion: public utility ....""n\l 01 record (1"""""1 ar, to be IDealed conltguoua to Real Property 1M! nol mOte than 10 I", in wicflh I. 10 Ihe r.ar Of Iront lines Ind 7\1t IHI In widlh "I 10 .Ih. Itda tinea, un.... OCherwtM Mtld her..,,): ibM 'or ye" 01 doling and eubt, yeers; assumed mongage. anet purchue money martg_g... tf Iny; othlf: ; pro Ihal Iher, ..,sts al closing no vloI.Uon at the 'Ofegotng Ind none of them prevents UII 01 Real Property 'or Residential >Ufp( VIII. OCCUPANCY: Sell.r wI"anls th., Ihl" Ir. no partias In occupancy oIhtr Ihan Selllr: but, H Property is trrt,nded 10 be renlad or occupied "yond dotmg. the leel and thareof shall be IIlt,d h.rlin and Ihl Ilnlnl(l) or occupants dlsctostd pursulnl _ to S'Ir:tdlrd F., StlIer agr... 10 deOv« occupancy 01 Property It lime of cloaing ""'"' oIh! stlled h,'eln. If occupancy i, 10 be delivered belor. Ctollng, Buyer ...um.. all risk 01 lot. 10 Property 'rom dal. 01 occupancy, shan be røponslbfl and Mabte 'or malnttnanct Ihat dlte, and sha" be deemed to have accepted Property In Its Ixllllng condition U 01 time 01 laking occuplncy unlftl othenri.. ,"'Id her~n or In a þpl"t. writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typowrm.n or h._IU.n provi.lon. .holl con"ol .11 prlnlod prO¥lolonl 01 Con"m In conlllct with lhorn. X. RIDERS: (CHECK II ony 01 th.loIIowIng Rid... or. -,ic.bIt g... .lItChod to Ihl. ContIlCt): (.,0 COASTAl CONSTRUCTION CONTROl LINE RIOER (CIO FOREIGN INVESTMENT IN REAL PR9PERTY TAX ACT RIDER (010 FHNVA RIDER fbl 0 cor"OOMINIUM RIDER (d 0 INSULATION RIDER (IlK:! OTHER, See Addendum XI. ASSIGNABILITY: (CHECK (t) or (2)): Buye' (I) 0 moy ....gn or (2' ~ m.y not ...Ign IhiI ConI'OCI. **and the C1 ty Counse 1 of the Buyer sha 11 have XII. SPEClALClAUSES:(CHECK(I)orI2)):_m(I)~Io.ltachodor(2)O_.ltno_. prov,ided the Settlement Agreement to which XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. .. th15 Con~ract 15 attached as an Exhib~tvER"1N1 XIV. DISCLOSURES: B...,.r ~ ICk.-1odgot or 0 dot. not ocknowlodgt ....!pI 0' tho ogoncyh....w"componootion one! ttllma10d cIoIInG COllI _... '. , THIS IS INTENDED TO BE A LEGt.Woe~N~:E~'?W~9J¡ ~~ rH~1"J¡ kJ;.Y=~~~1~~~~~ST.::£ ~V"'-~ ~.ATTORNEY PRIOR TO SIGNING ~ Cføø ttØf C'OMtltur. M1 øp/nJøtt ",., any of".,. ,.",. and r:ontIttif1M A"II'NI Cqmtad.høuId". ~ by"" ~ tt. petfIt:uIaT ft,.8ef1On. T""", CITY OF OELRAY BEACH----cJ."V=~~·:~V¡fe'1[~~=r..~~:~xt~~~-- ----------~ ~ ~ . Dolo -,. ~ ./:a,,/9$ ( -. . - LEY G. TATF.. TR"~TF~ SocI., Stcu,11y or T.. I.D. , Soclol Socurlty or T.. I.D. , 1~:I._::tO-..£"OD~ D.'. I ......., - Socl.' Socu,"y or T.. I.D, , SocIoI SocurIty or T.. 1.D. , Dopo." u_, P..ogroph I~.) ''''Ivod; IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. Brackett, Cook, Sned, Welch, et al. Ie-ow Aç If!!. (If<! 0 PII, [111.'11 III .'J1r~... ~ i r i rr -.-. "" By: OR lho B,oII.. nomod _. Including _,oting oulHlgonll nomod. _di"ll 10 tho ",m OF TIA E F .r 19I"s 10 PlY I I Ir ... . in . from Ihl cbbUf8emantl of the prOCMdI of nsat.on In the .mount of (COMPLETE ONLY C ... 0' gron pu,chu, prIct or' lor In .lIoeIl"II the _ b uytr INdy. wI1Il"II ond _ \0 pur_ _nllo tho forog Controtl, " B...,., "'10 10 por1orm .nd de",,""(.) 10 ....ined. ~ lherool. bu r. I" _ provided. .holl bt PIlei Broil" .. lun con.ldtf.tlon lor Bro' IIrvicH. Including COIlS .xpended by Broker, and Ihl batlnce than be pateS. ah,11 not dol. btca..... of "'uul or I,Hur. of Seller to partorm. SeKer ' PlY lhe full '" 10 B,oII.. on dtmond. In Iny IItI .tlon ..Ioing oct conclming In. B,oII.. 1"11 pIrty oIIln _ ,__ .nomty'. 1_ .nd c' (Inn..... II .... .....-1 - FARlBAR·2 RI.i..d 1/91 "IDERS CAN BE OBT A,IiED FIIOM THE FLORIDA ASSOCIATION OF IlEAL TORS 011 THE FLORIDA BAR. 0 , . ettlement A, EVIDENCE DF TITLE: ( Ixlsling firm) purporllng 10 be In ICCur,,11 synopsis of the Instrumlnll lite 11 county wher,." 1.1 Pro .'1 I I e '8~ 18s1 public records, or .~Ch II r dill .~ may be CUltoml!Y In the ~O~7~r- AUr.~: insurane c mmUmen =.:y ~~lc¡~:~,:~Cg·'f:::e:!~·IIW:~~·;~:r~:~~gpl,~ Sr~:' ':u:ïlc~r o~rro~O'rl:~~~I~~:~~~r.nces. '1CC'PIiO~~dO~~:~~;~~~:~~1 O:~:II'~:~h·~~·~: on rae an os. w Ich shill g. dllch.rged bt Siller at or betor. cloling. Seller shall convey markelable IIUe subject only to liens. Incumbrance.. ..ceptions or qu."IIcaUons specified In 'he Contract Mar.ll,t. I. UU. aha" be determined Iccordln(1: 10 applicable TlfI. Standards adopred by Ivfhorlty 0' The Florid. 9.r and 'n .ccordance wilh law, . . . . .. . '.. delectiye, Buy.. .hall, within 3 day., nalily Sell.. In writing .pecilying dafecII.). If tht d"ecl. . y OIY' Iram receipt o. nohC8 within which to remoye the dllect{s . fallin . ,.r .cc,p'ln~ the title I' II then Is or d.mtnding . r.fund or deposltCs) paid whl y r; Ireupon, Buyer and ~.IJ.r shall r.I~I'. anI. an at 'f 01 all 'url~.' obligl~ions under 'he Conlr~ct g;8c8 period In Ihe IV8nl 01 default if . IIrs! mongeg. and I 15-day grace period If a ..cond or IU" mortgage: shall provide lor ri hI In parI wilhaul panllty; .hall nal parmlt accel..atian or Infara" ad/u.,m.n,ln ay.nl or ra..la, or Raal Prop..ry: shal " encumb"nc.. 10 be k.pl In aOOd slBndlng and forbid modifications of or future advances under prior mort .. . ,and security '~r..m.nl shall be olhlrwiSI in form an conl8nl required by Sener: but Sener may only reQulr. cia mortgag.s. mortgage nailS and seeu"ty lore.ment' generally utilized by .Ivlngl and loan In.mullon. or "a1. or . . county wherein Ae.1 Prop.rly .. loc.'ed. All Personalty and le.s.. being conveyed or ...igned will, II Seller', Iln at a s.curlty agre.ment evldencld by recordld 'Inanclng Ita'ements. If. balloon mortgage, th. tinal paym.nl will .xc.ed f~g~~e~::~:IO~I~~e~U~~e~~reí;·I~~~:yn:~o:~I~~c~i:'~h·~~~~:~oA::~I~rro::~~:~~"~~t t:~'p~nv~~o.~~.:~n.~e'::~' R~:r tr~~~r~:~n~:g::~'~:u;:,~.~~ ¡1~:I~e~~~:::Jts~ Ilnds 0' ot".rl or vlolat. any restrIctions, Contraef cov.nants or applicable gov.rnmentar regulation, the ..me ."." constltut. a tlUI dl'ecl. , . . Clrlllled P..t Conlrol Operator 10 dtlermin. II ther. I. any ylllble actiy. lermll. Inl..lltian or Ylllble axlsllng dama e from termite Inl.. , " allhar or balh a.. laund, Buyer will hlye 4 daYI Irom dlte 01 wrlll.n nolle. Ihereof within which 10 hive I 0 O' nal. Inspecl.d Ind Islimlled by a licensed builder or glneral conlraclor. Sell'r Ihall pay valid cost. of Ir..tm ge up to 2'M1 01 purchase puce. Should such Calls I.c..d that ørnounl. Buyer shall hive the oplion of cancellln C r receipt 01 contractor', repair .stlmate by giving wnUen nolice 10 Seller or Buyer may eleCI to proceed wllh the 'ra urer shall reCeiye a credit al closing of an amount equal to t". ,otal or Ihe Irealment and repair .slimale nol I c as. price. -Termlt.s" shal be de.med to Includ.' all wood destroying organism. required to be reported und.r the Florida £ IfJIAIiII & fir IiIAII' 9 11 I J . I 11 III . J . I II R II' ~ 1 I, ... , . . , -' -' . L. -' " . ..' "II I ~ II. I'll 1] ..... , , . I ..... .... . . .. F, LEASES: S.nor .hln, nOlle.. Ihln 15 day. b.lo;e claolng, lu,nl.h to Buyor cople' of an wrlll.n I..... and e.tappollellar. from elch tenlnt Ip.clfylng Ihe nalure and duration of thl 'enant'1 occuøancy. rental rl'IS, advanc.d r.nt and slcurll" deposita paid b~ t.nanl. If Seller 'I unable to obtain such le".r from lach 'enanl, the same Intorm.llon ahall be furnished by SIller to Buy.r within that tlml r.eriod n the form of. eller', alfldavlt. .nd Buyer may 'he,.aner contacl ,.nanls '0 confirm .uch Infarma"an, Sailor Ihall, at closing, d.liyor and ...Ign In origin II .....10 Bu in the form of Exhibit 2. G. LIENS: S.lIer shall furnIsh to Buyer ., Urn. 01 clos'ng an aWdavlt . . . clllms of lI.n or ro,en1lal lIenorl known to S.II.r and furth.r aU.sling that th~re have been no Improvements or re air II . ~ preceding da'. 0 clollng. II Proøerty his b.en Improved or repaired within that lime . Iver' 0 mechanics' Uen. e..culed by 11 genera' contraclors, subcon'ractor., luppliers .nd . . . .en affidavit S'Uln~ forlh Ih. name. of all such genera' contractors. subcontractors, sa. Irm'ng thai all charges lor Improvements or repairs with could serve a. a basis lor a mechanic's lien or a t. H, PLACE OF CLOSING: Clo.lng .hall b. hald In tho county wh..oin Iho Raal Praporty II laclt.d II Ihe ollie. of tho ollarn.y or athor closing oganl d..ignal.d by Seller. .. I. TIME: Time periods herefn or fill than e days sha" 'n fhe computaUon exclude Sllurdayi, Sundays and slatl or na"onal legal holldayl, ånd any Ume period provided lor her.ln which shall end on Saturday, Sunday or a 'eOIlI holiday shall extend to 5:00 p.m. of Ih. nl.t bu.inell dlY. J, DOSUMEN!S FO~ C~OStN~: t :' '~:-~";1: ~ ~ .~ ": = ."::' ::' ~~:::=I_'~I~i, = ~':~: '! =:= ::= ::: . :: ::r 'ør rr " .. . . 1 t 1.;:t. I , _If -v _ . _ J n .. I I See Cldendum K, EXPENSES: II , r ,. . . ,. . . ... r I' . . U ", r , , - . .., ,. . , . . ') ) . ,.... -' . ..... [J .. , L UL r .. L.. ft' See Addendum . L. PRORA TlONS; CREDITS: Buyer ,han have the option 01 laking over any e.lflsllng poUc;e. of Insurance, " assumable, In whIch event premiums sh." b. pror.ted. C,sh . Increased or decreased .s may be required by prorations. Prorations will bl made 'hro~qh day þrlor '0 occupanc It occupanc ling. Advanc. rent and security deposits will be credited '0 Buyer and escrow deposl'. held bJ mOrlglg.e will be crediled to S.II proraled based on thl currenl year'. tax with due allowanc. made for maximum allowable dlscounl, homest.a and oth.r exem CUrl at a date wh.n the current ye.r'. millage Is nOI ~::~a~7:. ~~~~~~~::r~lIrS::·::;;"a~~~1 :;~~:bleri~~~~Sa~~1I bl proraled bas ompl.ted Imp~ov:~~~r~ :~dt~~e ~~~r ~~:~~~t;i~:OJì~~:~;r~~tl ~r~e~,.~~e:I~':I~;1 ~hk:°~ improvem.nls were nol In ..ist.nCI 0 Ih. prior Y'lr. th.n 'ax.. .h.1I be' prorlled b.led upon the prior ,ear' I' mlllag. and 11 ~anki~quitabl' as~essmen aVlilable ..emPtlonn:.e~~'8r.~h:rg~N~~' ~:~I~~g o~h~~h .:~::'~i:I'~:~I.b:1 ~:::.~~ ~~eelf:~n:lu;;~~~r~.t,:~r::~~~~~:~.~~:~r~:~J~J~:~S::~ . , , .. See Addendum M. SPECtAL ASSESSMENT LIENS: Pending liens as of da'. of closing shall b. allumed b Buyer. If the m rov , pen Ing lien shin b. consider . . Irgs an amount. equal to the la,1 ..nmatl 01 ......m.nl for thl Improvement b, Ihl H. interior walls. "'I walls (or equlvalenl) and dockage do nol have any VISIBLE EVIDENCE of 1.~kI, waler damage or sHuctura da",lg. Ind thll th. 'I II . ~~~:~ft'ij~~~e~~:..~~~~~cs~ :::~:'b~':f~rr~ :~~~dP~I:~~il~i::~I::~ir:;:i~~:J~t:¡:,sl::~I~n*sc~'~:r~o~~~n~n a~~~~~~I~n~~W~~~ON. Buyer ma rpose (,t reqUlr::)~~'b~':~ s~~~~p~~~~I~I~i~~n~::t ~:r~~~ ~;:~II~:r å::Jeerl::na~~r~~o~s'~oe~~~;~~.~cU~re~~cb~;e~O:e'þ:~~han 10 dlYs ~Ithin thai tI';'l~ ~~~~~'~hoa~~~: ;~:tm~e¡~~1 ~~V:r~:I~~~ Seller's warranties as 10 delects not reported. If repairs or replacemlnts are r ahall ceuse such repairs 10 b. made and shill pay up '0 31M. at the purchase price fOf such repair. or replacement. .. ma be r er 10 place luch l1ems In WORKING CONDITION. II the cas' lor such repairs or ë:~~r~~~817ISe~I~~'I~d~na~: I:'CO:~' purchase prior to c o'ing~r th:~~~~ t~~~of '~~:~I ~: p:r;¡ Inr:~~cr:~c:~'CIO~r~~~\'I~,,~I~II, .~~:~ r:::~.:::Ynot~~;,c;,~o~~: ulilities service and roperlt tor Insp.ctlon" InCludlnff a waUr:-lhrough prior to clollng. aetween E,tecUve Oal' and the dal. at clo.'ng. .xce~t 'or ropllrs " Sllndlrd, Seller I III mllntaln Properly, Inc udlng, but not limited to, tho lawn Ind shrubbary, In the candlllan ha"ln wlrranlld, or Inary O. Property '0 damaged, COSI of restoralion ahall b. an obligation of 'he Seller and casing ahall proc.ed ur ~~~~~~"da:li~i~sing. If Ihe COSIO' r,sloralion exceeds 3% ot Ih s paya Ie by virtue 0.1 .~ch 1011 or damage, or :fecånc~Tlr~gl~~~ ð:~~r~~~ :~~I~:c::Vr~~~~I~r~nO' p, PROCEEDS OF SALE; CLOSING PROCEDURE: expense to show tIIle In Buyer, wlthoUI any encumbrance. or chang. which waul render Seller'. tin. unmarketable Irom Ih. dltl of Ihl I.., .vl 0 ~ha~e~811~ ;:I~~lr.~etl~I~I~sl~:nS~~~:d bJn~~::~"~:lt~~rt~~~U~hb~oS~~~IIO~?'éu~~:~~~y:~~';r~I~,b~tt~~~r:h~ ~~::I ':~rro:~~Od 01 not Ion er Ing of Ihe deflc,';~/~:rl::oS'~~ft have 30 days tram da'l ot receipt 01 luch notltlcatlon '0 cur. thl dlflcl. If Selll' faUs to IImll C . d,pollt(s) and cloling lundl ,hall, upon .rIU.n demand by Buy.' and within 5 d'YI after demand, be returned to Buyer and Ilmul c repayment Buyer ,hall return P.r.onltl~ Ind vacate Property and reconvet It 10 Seller by ,peclal warranly de.d, It Buyer tans to and. for r.'und. BUler Ihall ta\:e title .s II, _alvlng all rlgh I agaln.t S.II.r .1 10 any Inl.rven ng derect excepl .. may be available . 01 warr.nU.s contalneçlln the .ed. II . portion of the purcha.. prlcl I. 10 b. d.rlv.d Irom insliCuUonal fInancing or r,"nancl" . . e lend "9 InsUlurlon .. to pllee.. time 01 day .nd procedure. lor clo.'ng, and 'or dlsbur.ement 0' mortOlge ftroceeds shall conlr provision In thl. Contract, Senlr Ihall have the right to require from the lending In'Ulullon a wrltl.n commltmenl th., I will ur...m~nl of mo'tg~g. proceeds al a result of .ny IItle d.flct .ltrlbulable to Buy.r.mortgagor. The ..crow Ind clollng procedure r.qulred by See Addendum ~~c~os:~~~: S~~r':ls~~o:l:a':~~J: ~~I,~e~~~v:'ntua~~~r~ra~~':~~n:.i~m:u~~o¡l~:~C:Û~n:g~~e~o~~r::~e~~~I~~: :ff I~:~r~~c=':r~~nl::~h~~rr::::ly~x~:~~ ':::r!: performance. It In doubt a. '0 Agent's duties Or lI.blllll.. under 'he provisions 01 Contracl, Aglnt may, at A~.nt" o~tlon. continue to hold Ihe .ubllct m.Uer oJ the ::;oh~;~:: ~~':n~a~:ihl tr;:~t~J:I:l :,~~: ~r~~itd~:uu~lri:v1~~ i'~r~~:~trD~:'%':~~fp~t:''û~:~ ~~':l~r~~n~,\U~~rt::~O:o~e::~::t:~~~:h t::tr~~~t:"o:,~::,~a~~'rh:r Ø~~"~: ':'''811. 'i,.i; iuilt i. ji-,h'IiII~.. .,,\;....,t Iv .;1. ""i.ltt vi .",'\J""I"fI')!: 'VI It,,)' il.",s þ,.yjuuely i2ellyer.d oui or ..crow. II a hcensed real 1"811 oroker. Aglnl will comply "'Uh pray;slan. 01 C Ipler 475, F,S, (19891, al amended. Any lUll belw.en Buyer and Seller *horaln Agenll. mada a c"rty becauI. 01 Icllng .. Agont hOl.undOl, or In r;: le:~lIln~~~~~n to ~~e~~ldI7:~~I:~~·ou:h:, t~~~:g:ow~~I:~~d~far ~aUIY~~~~~~nd ~~~~t .~h:~~ ::~~~:~ I':~~~~" C~~I. ~~~~nY~'~f tf~:~re~~~lIn~al~~Iv.";'c:,\::: I;:~ fhll Agenlshall nal ba lIabla 10 any PI"y or plrsan lor misdelivery to '¡¡uyar or Seller of Ytem. .ubjecl to thl. ..craw, unla" luch mlldellyery II !ua to willful b..lch 01 Ihls Conlrlct or gross nagllg.nca of Agenl. . R. ATTORNEY'S FEES; COSTS: In any IIUgaUan arlllng out of thl. Canlracl, tht prevllling party In luch IIlIglllan which, far tha purpo... of thll Sllndard. .hlll Include Sellar, Buya" IIsllng brokar, Buyer'. ~rok.r and any .ublgenf. to fha 1I.lIng broker. or Buyer'. ~raker, .hall be entllled to recovar re..onablo auorn.y'. I... Ind COltl. S, FAILURE OF PERFORMANCE: II Buyer lalll 10 perform Ihll Conlracl wllhln lhe lime Ipecllled, Including paymanl 01 all daco.lt(.), Ihe dapo.II(.) paid '¡!, Buy.. and dopo.It(.) Ig..ed to b. paid, "'"Y be retaln.d by or tar Ihe account of Seller "' ag..ed upon IIquldlled damag.., con.lderll on for Ih. e..cullan of Ihll onlrlcf Ind in lull ..Wemenl of any clllm.; wher.upon, Buyer and Seller .hall be relleyed Of all obllgallon. under Cantrlcl: · II , I' I' .. , , r. ' , , I , û'" .... .. - . II, 'or .nä reason other than f.llure of S,lIer to make Sell.r'. 1111; markltabl. alter diligent ~t'ort, Se' ~r ralll, n.vl~cl' for refuses to perform this Con'rlct, Ihe Buyer ~J .eR Jg'alllc p.r'ormance or etecl to ,ec.lve th. return 01 uYlr'. d'pOIU(I) wlthoul I ereby waiving any acllon or damag.t r.lulllng from Seller', br.ach. e n um T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Nalther Ihll Cantracf, nor any nallca of II. .hlll be racard.d In any pu~lIc record., Thl. Cantracl shan bind and Inure to the benelll of Ih. partl., and their .UCC.ISOrs In Inlerest. Wh.never th. context permits, .'ngular ahall Include plural and one g.nd.r shill Includ. ell. NaUcI glyen by or to Ihe allorn.y lor any PI"y shall be IS ellacllye .. If given by or 10 Ihll party. U. CONVEYANCE: Sfllul 01 Seller, .ubjacl ani 10 miller ,a requos' 0 uy.r, b. frln.farred by ee Addendum v, OTHER ACREEMENTS: No f'lar or pra.anl agreementl or repro..ntallanl Ihall b. binding upon Bu~ar or Sellor unlo" Included In thll Canlracl. No modltlclllan or ch.nga In thl. Canlrlcf .hll be valid or ~ln"ln" upon Ihe partl.. unf... In wrillng and ..acuted by t a party or partlol Inl.n"a" 10 ~a bound by II. .... .....--.....-.... ... .. .L . . . , I T .. , r - . , , ... . L' . ft , ..., L . ~1I JI , J T I ò' -.; '. , ' .-, CooVrlght 1991 bv The FI~rld8 Bar end The Flortda Assocl.Uon of REAL TORS . . \ .. . r The South Three Quarters (5-3/4) of the East Half (£-1/2) of the Southéast Quarter (5E-1/4) of the Northwest Quarter (HW-l/4) of Section 18. Township 46 South, Range 43 East. Palm Beach County, Florida AND The South Three Quarters (5-3/4) otthe West Half (W-l/2) of the South- west Quarter (SW-l/4) of the Northeast Quarter (NE-1/4) lying west of Lake Worth Dråinage District Canal E-4. LESS the North 100.0 feet of that part of the South half ($ 1/2) of the Northwest Quarter (NW 1/4) of the Southwe~tQu~rter (SW 1/4) of the . Northeast Quarter (HE 1/4) öf Section 18, Township 46 South, Range 43 East, lying West of the Westerly right of way line of Davis Road, together with the North 100.0 feet of the South.Three-Quarters (5 3/4) of the East half (E 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of said Section 18. less the West 40.0 feet thereof. ' all lying in De1ray Beach. Palm Beach Coun~y. Florida. LESS the East 40 feet thereof conveyed to the City of Oelray Beach. Florida, for Public Highway purposes with rights of reverter. and Less the South 70 feet thereof p'reviously conveyed to the Lake Worth Drainage District. , ALSO LESS: . . The West 30.0 feet of the South three-quarters ts 3/4) of the East half (E 1/2) of the Southeast quarter; (SE 1/4) of the Northwest quarter (HW 1/4) of Section 1S, Township 46 Sout.h, Range 43 E"st, Delray Beach, Palm .Beach Count.y, r¡oric!a, less the South 70.0 feet thereot. . . . ALSO LESS: . The South,lOO feet of the North 200 feet of ~~e South three- ouarte rs . (S 3/4) of the East' half ·(E .1/2) of the Southeast çuarte: (SE 1/4) of the northwest cua::ter (Nt~ 1/4) ot said Section 13, less the West JO feet .ther~of; tòget.'1er \-lith the South 100 :eet of the tlo::th 200 :'eet of that part o~ the 50cth three- c:uarters (5 J/'¡) 0; the West half (H 1/2) of the Southwest SU3=~er (S~ l/~) of the Northeast cuarter (N~ 1/4) of sa~d Section lS, lying West of Lake Worth Diainage Distr!ctts Canal ~-4. All of said properties being in Section 18, Township 46 South. Range 43 East, Palm Beach County, Florida. . I , 1 . p..,~ A .Jot! Cm-lt."/J , . ADDENDUM TO CONTRACT FOR SALE & PURCHASE ("CONTRACT") BY AND BETWEEN STANLEY TATE (SELLER) AND CITY OF DELRAY BEACH (BUYER) 1. The City and Tate have agreed t9 settle the lawsuit stayed STANLEY G. TATE, TRUSTEE v. CITY OF DELRAY BEACH, et aI., Case No. 93-5198 AJ ("Lawsuit") whereby the Buyer will acquire the Property on the terms and conditions set forth herein in this Contract, it being the intent of the parties that upon closing of this Contract, the conveyance of the Property shall be deemed to be a "condemnation" of the Property. 2. It is understood and agreed that if this Contract does not close for any reason, then the parties will resume their Lawsuit under Case No. 93-5198-AI and that the parties agree that the Deposits as hereinafter defined are to be Seller's sole remedy of liquidated damages in the event of default, without waiving the rights Chat either party has in connection with the Lawsuit. It is understood and agreed that there will be no specific performance whatsoever for the Seller for breach of this Contract. , . 3. By execution hereof, the Buyer understands and agrees that the Seller has made no representations or warranties as to the quantity, quality or condition of the Property described herein, the suitability of zoning thereof, or the availability of permits relating thereto. The Buyer is given until May 17, 1995 ("Discovery Period") to do all discovery, inspections and environmental tests of the Property. If for any reason the Buyer rejects the Property, the Buyer must notify the Seller in writing within the thirty-day Discovery Period whereupon this Contract shall terminate and the Deposit held by Escrow A~ent returned to Buyer, the pames shall be in the same position as they existed as if this Contract had not been executed and the Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit and the Buyer shall have not have waived any of its defenses in connection with such Lawsuit. If no notice of cancellation is given by Buyer to Seller prior'to the end of the Discovery Period, the Property is deemed accepted as "&IS", and the conditions set forth in this paragraph shall be deemed satisfied, and Buyer shall no longer have the right. t~ terminate this Contract. 4. It shall be a condition precedent of th~ parties that on or before May 17, 1995, the City Council of the City of Delray Beach, Florida, shall approve the Settlement Contract to which this Contract is attached as an exhibit ("City Approval"). In the event that the City Council of Delray Beach has not provided evidence that it has approved the Settlement Agreement on or before May 17, 1995, then this Agreement shall. terminate and the Deposit returned to Buyer, whereupon the parties shall be in the same position as they existed as if this Contract had not been executed, and Seller shall be entitled to pursue all of its ·rights and remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with the Lawsuit. 5. The "Closing" of this Contract shall occur on or before a date ("Initial Closing Date") which is the earlier of: (i) October 10, 1995; or (ii) five (5) days after obtaining the "Permits" (as hereinafter defined). A deposit of Ten Thousand Dollars ($10,000.00) is payable I i FTL:28452:2 1 · by Buyer to Escrow Agent upon the signing of this Agreement by Buyer ("Initial Deposit"). An additional deposit of Forty Thousand Dollars ($40,000.00) is payable by Buyer to Escrow Agent on or before the end of the Discovery Period ("Second Deposit"). The Initial Deposit and Second. Deposit are, as and when delivered, collectively referred to as "Deposits". In the event Buyer has not obtained the Permits by October 10, 1995, the Buyer shall have the right to extend the Closing from the Initial Closing Date until a date ("Extended Closing Date") which is the earlier to occur of January 10, 1996 or five (5) days after the Permits have been obtained; upon providing Seller with written notice electing to extend the Closing on or before October 10, 1995. Notwithstanding anything contained herein to the contrary, the Settlement Price shall be increased by an amount equal to Four Hundred Dollars ($400) for each day from and after September 12, 1995 to and through the actual date of Closing (Le., 12% per annum simple interest on the original Settlement Price from October 12, 1995 to and through the actual day of Closing, whereby the Settlement Price is paid to Seller). 6. Provided that: (i) before the end of the Discovery Period, the Buyer shall, at its expense, prepare and submit to Seller, the proposed site plan which Buyer desires to obtain approval of as a portion of the Permits with respect to the Property and the approximately 48 acres to the north of Property (owned by Travis and Sned), which site plan shall provide for density not to exceed six (6) units to the acre and public access from Atlantic A venue through the Temple Sinai property to the Property ("Approved Site Plan"); and (ii) Buyer uses due diligence in obtaining the Permits, then and upon the occurrence of such events, it shall thereafter be a condition precedent to the obligations to close under this Agreement that the following "Permits" be obtained, to wit: (a) rezoning of the Property to permit development of the Property consistent with the Approved Site Plan; (b) approval of such Approved Site Plan with such de¥iations thereto as may be required by governmental authòrity, but consistent with the requirements set forth above; and (c) plat approval for the Property permitting such plat to be recorded upon Buyer paying the appropriate fees and posting the appropriate security in connection with the recordation of such plat. Buyer agrees to use due diligence and good faith efforts to obtain all such Permits. Buyer agrees to provide Seller with monthly status reports as to the progress of the attempts to obtain the Permits. Additionally, the Buyer, on "its own behalf and on behalf of any designee, shall cause any inspection reports, surveys, studies, or other documents obtained in connection with the Property to be provided to Seller as and when such'documentation is received by the Buyer or its designee. Additionally, Buyer agrees that in connection with such Permits, Seller shall not be required to incur any liability or expense in connection therewith and in the event the Closing does not occur whereby the Settlement Priçe is not paid to Seller, then neither the Seller nor the Property shall be burdened by any obligation, liability or expense in connection with any such Permits (and no road right-of-way shall run through the Property without Seller's consent) and, at Seller's option, all or any of such P~rmits (as determined by Seller) shall be vacated. To the extent such Permits have not been obtained on or before Closing (Le., the Initial Closing Date, as same may be extended to the Extended Closing Date as provided in Paragraph 5 above) and the condition for Permits is not waived by Buyer, then either party shall have the right to terminate this Agreement upon delivery of.written notice to the other, whereupon this Agreement shall terminate, the Deposit returned to Buyer, the parties shall be in the same position as they j i FTL:2B452:2 2 . existed as if this Contract had not been executed and the Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit and the Buyer shall not have waived any of its defenses in connection with such Lawsuit. 7. The Buyer hereby expressly agrees that, at Closing, title to the Property shall be conveyed from Seller to the City (or its designee) by Tate and the City executing at Closing and filing with the Palm Beach County Circuit Court having jurisdiction of the Lawsuit ("Court") the Stipulated Final Judgment in the form of Exhibit "1" attached hereto and by this reference made a part hereof ("Stipulation"). At Closing, Seller shall deliver to Buyer at Closing the affidavit in the form attached as Exhibit "2" and by this reference made a part hereof. At Closing, Buyer and Seller shall execute and deliver the Releases attached hereto as Exhibit "3". Additionally, at Closing, Buyer shall deliver the Settlement Price to Seller by wire transfer to such account designated by Seller. 8. All closing costs, including, without limitation, cost of owner's title insurance, if desired, shall be paid by the Buyer. The Buyer shall use the firm of Brackett, Cook, Sned, Welch, Hewitt, D'Angio & Tucker, P.A. to furnish said title insurance. If any documentary stamps are due, the Buyer and Seller agree to each pay one half. 9. The proration of taxes and assessment shall be made as of the Initial Closing Date (based upon maximum allowable discount). The Seller shall be responsible for all real estate taxes for the year 1994 and all prior years. If taxes for the year 1994 are not available, then, for purposes of such proration, taxes for the year 1993 shall be utilized based upon maximum allowable discount. The Seller shall have the right to challenge such taxes for 1994 and prior years taxes and assessments and shall be entitled to all refunds pertaining to such challenges. 10. The Closing of this transaction shall be held in the law office of Brackett, Cook, Sned, Welch, Hewitt, D'Angio & Tucker, P.A., 218 Datura Street, West Palm Beach, Florida. 11. On or before the end of the Discovery Period, the Buyer shall obtain a title insurance commitment which may be utilized by the Bùyer in connection with Buyer's review of title. On or before the end of the Discovery Period, the Buyer shall agrees to take title subject to the following ("Permitted Exceptions ") to wit: (i) taxes and assessments for the year 1995 and all subsequent years (subject to the prorations provisions of this Contract); (ii) zoning restrictions and prohibitions imposed by governmental authority; (iii) all easements, restrictions, limitations and other matters in effect at the date of execution of this Contract; and (iv) any matters created by, through or under the Buyer. On or before the end of the Discovery Period, the Buyer shall notify Seller of any title objections which Buyer may have whereupon Seller shall have the option to cure any such title objections. If the Buyer fails so timely notify Seller prior to the end of the Discovery Period, the Buyer shall be deemed to have accepted title to the Property in its existing condition. Notwithstanding any provision contained in this Contract to the contrary, express or . . implied, Seller shall have no obligation whatsoever to correct any title defect of any kind unless Seller elects to do so, nor shall the Buyer be entitled to any reduction in the Settlement Price or offset against the Settlement Price by reason of same. In the event that Buyer timely objects to , . , FTL:284S2:2 3 . --~_._-- the title of the Property prior to the end of the Discovery Period, and if Seller elects not to correct or fails to correct title within forty-five (45) days of receipt of timely notice of any such title objection, then the Buyer shall have the option' (i) accepting title as it then is without any diminution of the Settlement Price or (ii) electing to terminate this Agreement, whereupon the Deposit previously paid to Escrow Agent shall be' forthwith returned to Buyer, and the parties shall be the same position as they existed as if this Contract had not been executed and the Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with the Lawsuit. . 12. The Buyer shall not be permitted any access to the Property unless a designee designated in writing by the Buyer executes an agreement with Seller in the form of Exhibit "4" ("Access Agreement"), whereupon after such desi~nee executes such Access Agreement, such designee shall be permitted reasonable 'access onto the Property to perform its engineering, surveying and environmental tests in connection with the Property. The Seller acknowledges that the Buyer will not be performing such tests and has no liability as a result of such designee I s tests and that such designee will be responsible to the SeHer for the performance of such tests or any liability in connection therewith. The only party that Buyer shall be permitted to designate as a designee shaH be Exel Development Corp. ("Exel ''), and Exel shall not be permitted access onto the Property until such time as Exel shall execute and deliver to Seller the Access Agreement. 13. Each party hereto represents to the other that there are no real estate brokers involved in this transaction. 14. This Agreement is entered into in an attempt to settle the Lawsuit, and the conveyance of the Property by Tate to the City (or its designee as provided in this.Agreement) is based upon the threat that the Property would be condemned if not conveyed pursuant to this Agreement. Accordingly, it is the intent of the parties that there shall be no documentary stamps payable in connection with this transaction as it is exempt from documentary stamps due to such threat of condemnation. At Closing, simultaneously with the payment of the Settlement Price by Buyer to Seller, Seller and the Buyer shall execute and file with the Court the Stipulation. 15. The rights of the Buyer herein may not be assigned by the City without the prior written consent of Seller. The Buyer may designate Exel as a grantee to whom the Property may be conveyed in lieu of conveying the same to the Buyer. The Buyer may designate this grantee without the consent of Seller. It is understood and agreed, however, that Seller does not recognize Exel herein and gives no rights under this Contract to Exel except those rights which it may have to obtain a deed to the Property upon full payment of the Settlement Price to Seller. At such time as payment is made, the Property may be conveyed to a Exel in lieu of being conveyed to the Buyer. The rights of the Buyer hereunder may not be assigned by the City without prior written consent from Tate. At Closing, simultaneously with a payment of the Settlement Price to Tate, the City may designate a grantee to whom the Property may be conveyed in lieu of conveying same to the City. The City shall designate this grantee without consent of Tate. , , FTL:28452:2 4 . 16. At Closing, Seller will release and quit claim any right, title and intere~t it may have in any development or access agreement(s) with the City of Delray pertaining to the Property at the time of the Closing. The parties acknowledge $10.00 consideration is allocated for such conveyance. At Closing, upon receipt of the Settlement Price, the Seller herein agret;s to execute a quit-claim deed with respect to all lands located east of the contract property and west of the L WDD E-4 canal. It being the intent of this provision that the Seller will agree to execute a quit- claim deed necessary to give title up to the canal (provided Buyer and the designee consent to such quit-claim deed). The term "Property" shall b~ amended to. exclude any land conveyed by such quit-claim deed. 17. Notices under this Contract shall be deemed served when deposited in the United States mail, registered or certified mail, return recdpt requested, with sufficient postage and directed to the address specified below or such other :address as either' party may designate upon written notice to the other: TATE: Stanley G. Tate, Trustee 1175 N.E. 125th Street Suite' 102 North Miami, Florida 33161 with copy to: Barry E. Somerstein, Esq. Ruden, Barnett, McClosky, Smith. Schuster & Russell, P.A. P.O. Box 1900 Ft. Lauderdale, FL 33302 - CITY: City of Delray Beach, Florida with copy to: 17. The Effective Date for purposes of the Contract shall be the date the Contract (attached to the Settlement Agreement) and the Access Agreement attached hereto as Schedule 4 are executed by Stanley G. Tate, Trustee. 18. This Addendum shall be deemed a part of the Contract to which it is attached as an Exhibit. To the extent of any inconsistency between the terms and provisions of this Addendum and the terms and provisions of this Contract to which this Addendum is attached, the terms and conditions of this Addendum shall supersede and control to the extent of such inconsistency. Except as modified by this Addendum, the Contract remains in full force and effect. , , FTL:28452:2 5 . IN WITNESS WHEREOF, this Addendum has been executed by the parties. Witnesses: SELLER: ~"ro~- ~f~ va /..._~Q P nted Name: '{)-~JóN0 STANLEY ATE, Trustee ~ ~ n ~ 1 u~........úlIt "- Printed Narne(þ",!-:! ll)'"")'I'o.'t!r- -$I~I' /~S' Dated: . ~BUYER: CITY OF DELRA Y BEACH, FLORIDA , By: Printed Name: Printed Name: Dat~d: - . i FTL,28452:2 6 " . . - IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCúIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. : 93-5198AI STANLEY G. TATE, TRUSTEE : : Plaintiff, : : V. : : THE CITY OF DELRAY BEACH, : FLORIDA and THE LAKE WORTH : DRAINAGE DISTRICT : : Defendants. : : STIPULATED FINAL JUDGMENT , - THIS cause having come onto be heard upon Joint Motion for the entry of a Stipulated Final Judgment made by the Plaintiff and the Defendants, THE CITY OF DELRAY BEACH, FLORIDA (" CITY") and THE LAKE WORTH DRAINAGE DISTRICT (IILWDD") , and it appearing to the Court that the parties were authorized to enter into such motion, and the Court finding that the compensation to be paid by CITY is full, just and reasonable for all parties concerned, and the court being fully advised in the premises, it is now, therefore, , FTL:32339:1 , B.rJ, I fv (p,,-fr·cf 4-"tI~Jvw, ( L..,/ p 0x~ it ¡'-/J) . . . 1. ORDERED AND ADJUDGED that Plaintiff, STANLEY G. TATE, TRUSTEE, does have and recover of and from the Defendant, CITY, the "Settlement Price" as defined in the Contract [attached to the Settlement Agreement attached hereto and made a part hereof as Exhibit "A" ("Settlement Agreement ",)] being the sum of ONE MILLION TWO HUNDRED THOUSAND . DOLLARS ($1,200,000) as adjusted upward by $400.00 per day from and after June 12, 1995, which shall be payable at closing as provided in the Contract attached to the Settlement Agreement (Exhibit "A" hereto) in full 'payment for the interest of Plaintiff, STANLEY G. TATE, TRUSTEE, in the property described in Paragraph 2 hereof; and - 2. ORDERED that title to the property described on Exhibit "B" (" Property" ) is hereby vested in the [CITY OF DELRAY BEACH, FLORIDA or its designee as provided in the Contract to which this is attached as an Exhibit] , upon making the payment specified in Paragraph 1 hereof. 3 . All parties shall bear their own costs and attorneys fees. - 4. This case is hereby dismissed; however, this Court shall . retain jurisdiction to'enforce the terms of this Stipulated Final I . FTL:32339:1 i , Judgment and the Settlement Agreement attached hereto as Exhibit "A" . DONE AND ORDERED at West Palm· Beach, Palm Beach County, Florida, this _ day of , 199_. Judge, Circuit Court JOINT MOTION COMES NOW the parties to this action, by and through their undersigned attorneys and respectfully move this Honorable Court for entry of the foregoing Stipulated Final Judgment th4.s day of , 1995. DAVID TOLCES, ESQ. Attorneys for LWDD Assistant City Attorney 200 E. Broward Boulevard of the City of Delray Suite 2000 Beach, Florida Fort Lauderdale, FL 33301 - Attorney for Defendant, CITY OF DELRAY BEACH, FLORIDA Joseph Consolazio, Jr. , Esq: Fla. Bar No. City Attorney Fla. Bar No. " , I FTL:32339:1 r - . , RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Attorneys for Plaintiff 200 E. Broward Boulevard P.O. Box 1900 Fort Lauderdale, FL 33302 Thomas R. Bolf Fla. Bar No. 454419 - t , f'TL:3233':1 , . . . This instrument prepared by: Barry E. Somerstein, Esquire Ruden, Barnett, McClosky. Smith, Schuster & Russell, P.A. Post Office Box 1900 Fort Lauderdale, FL 33302 AFFIDA VIT STATE OF ) . ) SS: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared STANLEY G. TATE, who is personally known to me, and who, being by me first duly sworn, on oath, deposes and says: 1. Stanley G, Tate, Trustee ("Tate"), is the fee simple owner of the property described on Exhibit A attached hereto and made a part hereof (the "Property"). 2. That within the pa3t ninety (90) days, there has been no labor performed or materials furnished on or about the Property for which payment(s) has/have not as yet been made; that without the past ninety (90) days, there have been no claims for labor or matenals furnished for repairing or improving the same, which remain unpaid; and that there are no mechanics', materialmen's or laborers' liens against the Property. 3. That Tat e is in sole, exclusive and actual possession of the Property other than as set forth on Exhibit B. 4. That at the time of execution of this Affidavit, there are no matters pending against Tate that could give rise to a lien that would attach to .the Property between [last update of title] and the entering of the order of taking contemplated by the "Settlement Agreement" dated , 1995, between Tate and the City of Delray Beach, Florida, Case Number 93-5198AI, Palm Beach County, Circuit Court ("Lawsuit") and further Tate has not, and covenants not to execute any instrument which would adversely affect title to the Property after [last update of title] other than the Stipulation to be filed pursuant to the Settlement Agreement. 5 Tate's Tax I.D. Number is . Tate is not a foreign corporation or partnership as defined in the Internal . Revenue Code. Tate's permanent address IS , , FTL:5J189:1 t~h ~b;+ ~ to AcJcJ.er.d rJ m -+v Cv""t"1c-d- . . . , This Affidavit is executed and delivered for the purposes of complying with the requirements of Internal Revenue Code Section 1445 and is sworn to under penalties of perjury. FURTHER AFFIANT SAYS NOT. , STANLEY G. TATE, Trustee , STATE OF FLORIDA ) ) SS: COUNTY OF ) . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by STANLEY G. T A T:g. He is personally known to me or who has prodµced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. - Notary. Public Typed, printed or stamped name of Notary Public My Commission Expires: , , FTL:53189:1 ~ ~----- - ~ - - . f The South Three Quarters (5-3/4) of the East Half (£-1/2) of the Southeast Quarter (5E-l/4) of the Horthwest Quarter (UW-l/4) of Sectfon 18. Township 46 South, Range 43 East, Palm Beach County, Florfda · AHD The South Three Quarters (S-3/4) of the West Half (W-l/2) o( the South- west Quarter (SW-l/4) of the Northeast Quarter (HE-l/4) lyfng west of Lake Worth Drainage Distrfct Cðnal E-4. " LESS the North 100.0 feet of that part of the South half (5 1/2) o( the Northwest Quarter (HW 1/4) of the Southwest Quarter (5W 1/4) of the Northeast Quarter (HE 1/4) of Section 18, Townshtp 46 South, Range 43 East, lytng West of the Westerly right of way line of Davis Road, together with the Horth 100.0 feet of the South Three-Quarters (5 3/4) of the East half (E 1/2) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (HW 1/4) of said Section 18, less the West 40.0 feet thereof, atl lying in Delray Beach, Palm Beach County, Florida. LESS the East 40 feet thereof conveyed to the City of De1ray Beach, Florfda, for Public Highway purposes with ri~hts of reverter, and less the South 70 feet thereof prevfous1y conveyed to the take Worth Drainage District. " . ALSO LESS: . The West 30.0 feet of the South three-quarters (5 3/4) ot the East half· (E 1/2) of the Southeast quarter (SE l/~) of the Northwest quarter (UW 1/<4) of Section 1S, Township 46 Sout.'t, Ranqe 043 East, Delray Beach, Palm.Beach County, Florida, less the South 70.0 feet thereot. . . . . . ^LSO LESS: . The South .100 feet of the North 200 feet of the South thrèe.. qua:ters' (5 3/..) of the f.as t ha 1 f (E 1/2) of the Soutlreas ~ quarte: (S£ 1/4) of the Jlorthwest Quarter (NH 1/4) ot said Section 13, les s the Wes t 30 fee t. therèo f: to<¡e t..'e r '''1 th the South 100 ~eet of the Uo::th 200 ~eet of th'at part ò.t t..~e Socth three- . quarters (5 J/~) o~ the West half (H 1/2) of the Southwest ~u3=':er (5" 1/4) of the Northeast cuarter Un: 1/4) of sa!<! Section 1S. 1yinq West of Lake Worth D;aihage Distr!ct's Canal ~-4. A11 of said properties being in Section lS'-"Township 46 South, Range 43" . East, Palm Beach County, Florfda. " " . I . . ; 1 ~ yJ," A .-Ic MftJq vrt , . . EXHIBIT B TO AFFIDAVIT [This schedule will be completed based on the permitted exceptions as provided for in the Contract which this is attached as an Exhibit.] . . - , , FTL:32496 :1 I . . Signed, sealed and delivered in presence of: . (L. s.) Witness Signature Signature . Printed Name Printed Name Witness Signature Post Office Address Printed Name , . (L. S.) Witness Signature Signature . Printed Name Printed Name Witness Signature Post Office"Address . - Printed Name STATE OF FLORIDA } ) SS: COUNIT OF ) PTL,32320:1 I f '. . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid . ånd in the County aforesaid to lake acknowledgments, the foregoing instrument was acknowledged before me by . who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and Slate last aforesaid this _ day of _ ---' 199_. . Notary Public State of Florida at Large Typed, printed or stamped name of Notary Public My Commission Expires: . . , - FTL.32320.1 , . ...... . . 0' .,. , . . . ACCESS AGREEMENT THIS ACCESS AGREEMENT ("Access .Agreement") is made this _ day of , 1995, by and between STANLEY G. TATE, TRUSTEE ("Tate") and ("Licensee "). WHEREAS, Tate is the owner of that certain parcel of property located in the City of Delray Beach, Palm Beach County, Florida, more particularly described on Exhibit "A", attached hereto and incorporated herein ("Subject Property"); and WHEREAS, in an attempt to settle the litigation in connection with the case styled Stamey G, Tate. Trustee v. The City of Delray Beach. èt aI., Case No. 93-5198AI ("Lawsuit") Tate and the City of Delray Beach, a Florida municipal corporation ("City") have entered into a certain Settlement Agreement ("Settlement Agreement") which includes as an exhibit a Contract for Sale and Purchase ("Contract") both dated , 2995 for the settlement of the Lawsuit; and WHEREAS, pursuant to the Settlement Agreement and the Contract, during the "Term" (as hereinafter defmed), Tate desires to allow Licensee to enter upon the Subject Property for the sole purpose of conducting such engineering, environmental, surveys or other similar inspections or investigations (collectively, "Inspections ") subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing, the sum of TEN DOLLARS ($10) and other valuable consideration,· the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows: 1. Recitations. The recitations set forth above are true and correct and are incorporated herein by this reference. 2. Access. The term of this Agreement ("Term") shall be from the date hereof until the earlier to occur of: (i) the Closing under the Contract; (ii) any earlier termination of the Contract; or (iii) any default by Licensee under this Access Agreement. During the Term, Licensee shall have access to the Subject Property during reasonable times and upon reasonable notice to Tate for the sole purpose .of conducting the Inspections. Licensee's access to the Subject Property and its conduct of the Inspections shall be at the sole cost and expense of Licensee and at Licensee's sole risk and shall be performed in such a manner so as not to interfere with Tate's ownership of the Subject Property, injury persons or property, or to violate any law or regulation of any governmental authority. Upon completion of the Inspections and prior to the end of the Term, Licensee shall restore the Subject Property to its former condition existing prior to any of such Inspections. Licensee shall not permit any liens to be placed upon the Subject Property, Licensee shall immediately remove same by payment or bonding pursuant to the requirements of Florida law so that same is no longer a lien against the Subject Property. t 1 FTL:53199:1 S k:~' l{ h) AJd~dv'n-, rhJ Cð",-I~d- ;)Ì-/ . \ -1- . ," , . . 3. Indemnification. Licensee hereby indemnifies and holds Tate harmless from any and all loss, damage, judgments, claims and threats of Claims, including, but not limited to attorneys' fees and court costs through all trial and appellate levels, in connection with Licensee's, or its agents' access, to the Subject Property or any Inspections, including but not limited to, any injury to person or property, in connection with any liens or claims of lien against the Subject Property arising in any way out of the Inspections or Licensee's access upon the Subject Property. The provisions of this Paragraph shall survive the expiration or earlier termination of this Access Agreement. 4. Additional Covenants. Licensee hereby covenants and agrees that it shall provide Tate with monthly status reports of the progress of all actions which it takes in connection with the Property, including, but not limited to, any and all governmental approvals which it or its agents are attempting to obtain in coruiection with the Subject Property. Additionally, the Licensee agrees to provide to Tate copies of any ,and. all documents which Licensee obtains in connection with the Subject Property, inc1uding,but not limited to, surveys, studies, environmental reports, soil reports, site plans, copies of applications for any governmental approvals and any other documentation obtained by or on behalf of Licensee in connection with the Subject Property. The provisions of this Paragraph shall survive any termination of this Agreement. 5. Termination. Upon expiration of the Term, Licensee's rights hereunder shall terminate, Licensee shall have vacated the Subject Property and removed any and all machinery, equipment or other personal property belonging to Licensee or its designees and shall return to the Subject Property in all respects to its former condition. - IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above. Witnesses: STANLEY G. TATE, Trustee LICENSEE: , a By: ·Its: ; I FTL:S3199:1 . ..)o~. . . . . ~ , The South Three Quarters (5-3/4) of the East Half "(E-l/2) of the Southéast Quarter (SE-l/4) of the Northwest Quarter (NW-l/4) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida . AND The South Three Quarters (S-3/4) of the West"Half (W-l/2) of the South- west Quarter (SW-1/4) of the Northeast Quarter (NE-l/4) lyfng west of lake Worth Dr~inage District Canal £-4. " lESS the North 100.0 feet of that part of the South half (S 1/2) of the Northwest Quarter (NW 1/4) of the SouthwèstQuarter (SW 1/4) of the Northeast Quarter (HE 1/4) of Section 18,. Township 46 South, Range 43 East, lying West of the Westerly right of way line of Davis Road, together with the North 100.0 feet of the South Three-Quarters (5 3/4) of the East half (E 1/2) of the Southeast Quartér (SE 1/4) of the Northwest Quarter (HW 1/4) of said Section 18. less the West 40.0 feet thereof, all lying in Delray Beach, Palm Beach Coun~y, Florida. LESS the East 40 feet thereof conveyed to the City of Delray Beach, Florida, for Public Highway purposes with rights of reverter. and Less the South 70 feet thereof previously conveyed to the lake Worth Drainage District. . ALSO LESS: . . The ~e9t 30.0 feet of the South three-quarters (5 3/4) of the East half (E 1/2) of the Southeast quarter (SE 1/4) of the Northwest quarter (UW 1/4) of Section 1S, Township 46 Sou~'\, Range 43 East, Oelray Beach, Palm. Beach County, Florida, less the South 70.0 feet thereot. . . . ALSO LESS: . The South.lOO feet ot the Horth 200 feet of ~~e South three· qua~ter9' (S 3/4) of the East half (E 1/2) of the Southeast quar~e: (SE 1/41 of the Uorthwest cua~ter (NH 1/4) of said Section 13, less the West 30 fee t. theréof; toqet.'1er t-li th the South 100 ~eet of the Uo::th 200 ~eet of that part 0.: the Socth three· Guarters (S 3/4) of the West half (H,l/2) of the Southwest Gu~::~er (SW 1/4) of the Northeast cuarter (Nt: 1/4) of said Section lS. lyinq West of Lake Worth Drainage Oistrict's Canal ~-~. All of said properties being in Section 18, Township 46 South. Range 43 . East. Palm Beach County, Florida. , I . , () 1 f-d. Å 10 /kaH tJ.,/ee ""t~T ........ ". ." . < . , . ,.__.1 draCt: March \4, \995 l· . - -I' .~ f: \users \secy \bmc \excel. agr - AGREEMENT . THIS AGREEMENT made and entered.irito this day of 1995, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporatio'n, (hereinafter referred to as "City"), and EXCEL DEVELOPMENT CORP., (hereinafter referred to as "Excel "). WITNESSETH: WHEREAS, the City is in litigation with Stanley Tate regarding an Inverse condemnation suit, and \VHEREAS, the City in order to avoid the expenses and uncertainty of litigation and in an attcmpt to expedite the orderly development and redevelopment of a portion of the City, and WHEREAS, Excel desires to develop a parcel in the City of Delray Beach in conjunction with the settlement of the Tate vs. Del ray lawsuit.. NOW, THEREFORE, for good and valuable consideration, it is agreed as follows: 1. That the City and Excel agree. that Excd shall be the designee for the Sale and Purchase Agreement attached hereto as Exhibit A. A copy of the Tate Settlement Agrcement is attached hereto as Exhibit Al. In consideration of the City designating Excel as the Grantee purchaser under the Settlement Contract attached he;eto by Tate, Excel agrees to pay the deposit directly into the Tate/City Contract. 2. The City will use due diligence to obtain a contract to purchase the Temple Sinai parcel according to the Temple Sinai Agreement which is attacþed as Exhibit B. It will . ..- . ... ' - . . . " " be responsible for aJI costs and attorneys' fees involving said negotiation. At the time of the closing of the contract (Exhibit A) the City will. assign the Temple contract to Excel (Exhibit F) and Excel will pay all of the terms of the purchase and deposit and Excel will be responsible [or paying all of the costs of the purchase according to the Contract Agreement with Temple Sinai including but not limited to all reguirements of paragraph 4 of the Temple Sinai agreement at~ached hereto as Exhibit B. Excel will take the property from Temple Sinai under a deed restricted for public access and public right-òf~way purposes to be used solely fór public park, water retension, access road and public utility purposes. At the time of the plat approval for development of the property, Excel will deed, dedicate and plat without cost to the City all of the property referred to in the Temple Sinai Purchase Contract attached hereto as Exhibit F. Excel must deed this property to the City by December 31, 1995 whether platted or not. It being understood and agreed that Excel has sole responsibility for all plat, road and bridge improvements whatsoever which will be done to City specifications at such time as the property is approved for development. It is the i'ntent of the parti~s that in the event the closing takes place with the Tate parcel that this párcel will be used for ingres~ and egress for the Tate parcel and shall run with the land restricted only for right-of-way and utility easement purposes. Excel will hold the City harmless against all claims by and through the Temple for failure to complete the requiremerits of the City/Temple Sinai agreement. 3. The City represents to Excel that the Tate property is presently zoned RM which allows a density of no less than 6units and nO,more than 12 units per acre. A copy of a letter from the Zoning Director is attached hereto as Exhibit C. Notwithstanding failure of Excel to plat or dedicate a property, it must convey the Temple Sinai property referred to 2 , i . . . .... r t , 0- r .. above to the City no later than December 31, 1995~ 4. The City represents that water and sewer is obtainable to the site according to a letter from the Utility Director which is attached hereto as Exhibit D. 5. City will convey the property lying east of old Davis Road per the attached quitclaim deed which is attached as Exhibit E to Excel. 6. The City will furnish all surveys It may have and legal descriptions for "Old Davis Road" lying east of the Tate and Travis properties. At closing of the contract (Exhibit A) the City will quit claim any right, title and interest it has to said parcel. Exc~l shall include this quit clai~ land lying east of Tate of Tràvis as well as the Temple Sir:ai property and the quitclaim parcel of Exhibit E in its development plan· with the City for rezoning purposes . prior to closing. In the event thai: Excel takes any legal action to clear title the City shall release any right title and interest in said parcels. . 7. The City will release whatever right, title and interest it has in the culvert bridge on "Old Davis Road" to Excel provided Excel pays the cost of moving same. 8. Excel will convey at no cost to the City the right-of-way for the "Mildred Smith Property". This conveyance will take place at the time of plat approval but in no event later than December 31, 1995. 9. Excel represents to the City,that in the event it is able to assemble the Sned, Travis, and Tate properties it will immediately file for a P.R.D. zoning of the 71.5 acres that shall be no more than six units per acre. Excel agrees. to release any right, title it may have to an easement across City water tank property. This r~lease will take place at the time of plat approval but in no event later than December 31,1995. A more accurate legal description will 3 . , , i \~ . I . be provided by the City at the time of closing. In addition, Excel ;1grees to provide vehicular access to the water tank property. Said access will be in a form to be approved by the City attorney and 'a more accurate legal description will be provided. This conveyance wiJl take place at the time of platting in the event the property is not platted then access will be provided to the City no later than December 31, 1995. 10. In order to facilitate the settlement of the Tate v. City of De1ray Beach lawsuit, the City will at time of closing pay $125,000.00 of the purchase price to Tate. It being understood and agreed that this will be at the buyers credit (Excel) under the contract attached as Exhibit A. In the event the matter does not close according to the contract and the Tate lawsuit is not settled, then the City's responsibility under this provision to Excel shall be null and void. It is understood and agreed that the $125,000.00 payment above is the sole money payment to Excel. Excel has full responsibility to pay all costs and charges of its discovery, environmental studies, closing costs, attorneys' fees, recording fees, surveying, zoning costs and , permits fees, or any cost whatsoever involving the rezoning and purchase of the Tate parcel. 11. Except for specific requirements, representation and covenants un<.<ler this Contract as specifically represented herein, the City of De1ray Beach makes no other representations whatsoever orally or implied to E,xce!. It is the intent of the parties that thjs Agreement solely will control and no other writings will affect this contract accordingly. 12. Excel hereby assigns and releases any'right, title and interest it may have in any development agreements involving the property with Tate or any other predecessors in title. By executing this Agreement, Excel hereby agrees to quit claim and releases any right, title and interest it may have as to any parcels on 23rd Street. 4 . , . 0- _ _, _ -. Ì; , \ . , " 13. ^ memorandum of this Agreement wi1l,be recorded in a form ;"\ccept;"\ble to the City attorneys at the time of closing of this transaction. 14. Notwithstanding any provision in this agreement to the contrary, this agreement is subject to and conditioned upon Excel closing the Tate contract according to its terms and conditions and the City thereby settling the Tate law suit. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: , CITY OF DELRA Y BEACH . By Witness (Type/Print) Name: Its: Attest: Clerk Witness (Type/Print) Name: (Corporate Seal) I . . 5 I i . - I , ! . . , " . - Witness (Type/Print) Name: (Corporate Seal) Witness (Type/Print) Name: STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and ,respectively as and Clerk of the CITY OF DELRA Y BEACH, a municipal corporation located in Palm Beach County, Florida, personally known to me, and that they severally acknowledged executing the above agreement in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 1995, (NOT AR Y SEAL) Notary Public My Commission Expires: My. Commission # , , . . 6 , ~ . . ; . <, STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of _, 1995, by Fernando Zulueta, President of Excel Development Corp., who is personally known to me (or who has produced a Florida dri'ver's license as identification) and that he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the· County and State last aforesaid this _ _ day of , A. D. 1995. (NOT AR Y SEAL) Notary Public My Commission Expires: My Commission # - 7 i . . ~ . , . dr~ft: Much 14, 1995 , f: \u.<e rs \secy \ bmc \city .d. DESIGNATION AGREEMENT . WHEREAS, the CITY OF DELRA Y BEACH· has entered into, a Settlement Agreement with STANLEY TATE, per the attached Exhibit A. \VHEREAS, EXCEL DEVELOPMENT <;ORP., desires to purchase said property according to the terms of said Settlement Agreement. . NOW, THEREFORE, for good and valuable consideration it is agreed as follows: 1. The City of Delray Beach, herebY. 'designates as grantee Excel according to paragraph 15 of the attached Agreement between Stanley Tate, seller, and City of the Delray Beach, buyer. It is understood and agreed that all deposits made hereunder by Excel shall apply to and may be paid directly into the Tate/City , of Delray Beach Agreement by agreement of the parties. 2. The City does not assign any responsibility herein to the settlement of the TATE law suit and Excel accepts 1\0 responsibility, except for purchase provisions of the attached agreement. That all the purchase provision terms and conditions of the attached Agreement are accepted and agreed to by Excel as Buyer. 3. The City agrees to furnish Excel with all notice requirements per the attached Agreement. 4. The City agrees that it will close under this Agreement provided the Excel complies with all the terms of the purchase requirements under the attached Agreement. S. The City agrees that it will furnish Tate with a notice of termination of title objections or any other requirements which Excel may have in order to cancel this transaction. . 6. Excel represents to the City that there ate no real estate brokers involved in this transaction and that Excel agrees to hold the City harmless and indemnify them in the event of any claims by ahd through Excel. , 1 . - . . , f 7. The City agrees to uses its best efforts to enforce the Agreement >yith Tate provided Excel agrees to make all the Excel deposits and payment of purchase price per the attached Agreement. . 8. In the event the matter does not close due to a default of Tate, the parties agree that Excel may seek specific perfórmance on the contract with Tate or return of deposit according to the Agreement. The City will act on behalf of Excel accordingly but Excel agrees to hold the City harmless and indemnify the City, including all costs and attorneys' fees, against any and all claims in the event of a default of Tate thereto. 9. In the event Excel defaults 'Under the Agreement the deposits shall become liquidated damages for TATE the Seller under the Agreement and Excel agrees to hold the City harmless and indemnify the City, including all costs and attorneys' fees, against any and all claims in the event of default of Excel. 10. Excel will release and quit claim any rights, tide and interest it may have in any development or access agreements regarding Tate at the time of the closing. " , 11. It is understood and agreed that Excel shall be solely responsible as desigli.ee for accepting or rejecting tide, doing its due diligence and discovery period, pay all costs and fees regarding environmental, tide, recording, surveying, zoning, any costs whatsoever involved in the purchase of the Tate parcel. Excel shall further . agree to review and accept tide under the terms of the contract as appropriate. \Vitnesses: CiTY OF DELRA Y BEACH By: Printed Name: Printed Name: EX . By: Printed Name: I 1 . . .. . . ", I - SETTELEMENT AGREEMENT "' ~ THIS SETTLEMENT AGREEMENT made and entered into this ~ 111ay of April, 1995, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation (hereinafter referred to as "City"), STANLEY G.TATE, Trustee (hereinafter referred to as "Taten), and THE . LAKE WORTH DRAINAGE DISTRICT ("LWDDn). WIT N E SSE T H: WHEREAS, the City and Tate in order to avòid the expenses of litigation in connection with the case styled STANLEY G. TATE, TRUST~E~ v. CITY OF DELRAY BEACH, et aI., . Case No. 93-5198AI ("Lawsuitn)"and in an attempt to resolve their differences; and " NOW, THEREFORE, for good and valuable consideration, it is agreed as follows: . 1. That the City and Tate enter into the C~ntract for Sale and Purchase attached hereto as Exhibit nA" ("Contract"). - 2. That upon the Closing and payment to :Tate under the Contract, the parties will execute and exchange the general releases attached as Exhibits to the Contract. 3. That upon Closing, under the Contraç:t,. the parties agree to pay their own attorney fees and costs and execute the Stipulation attached .as an Exhibit to the Contract. 4. By agreement of the parties, the contënts of this Settlement Agreement and the Contract attached hereto as Exhibit "A" are not admissible to the Court in that they represent settlement negotiations. In the event that the Contract is' terminated for any reason, including, but not limited to, failure of a condition, default by Buyer and/or a default by Seller, then the parties shall be placed in the same position as if the Contra~t had not be~n entered into without prejudice to any party for entering Ïnto this Settlement Agreement or the attached Contract, and Seller shall , ; i i 1 - . . ~ . . '. be entitled to pursue all of its rights and remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with such Lawsuit. 5. The parties agree to a reservation of rights in the event the Contract does not close to return to the Court for appropriate relief with regard to the ligitation.. In that event, the parties hereto agree to reserve jurisdiction under this case to finalize the litigation of this matter and resolve their differences according tô the Rules of Civil Procedure. 6. The parties hereby agree to notify the Court in the litigation of the pending , . settlement contemplated by the Contract and to request appropriate continuances so that neither party shall be prejudiced as a result of the time· between the date of the execution. of this Settl~ment Agreement and the proposed Closing under the Contract. In the event for any reason either party would be prejudiced as a result of such. delay, the parties shall proceed in connection with the litigation subject to the potentiàl resolution of Litigation as contemplated by the Settlement Agreement. - , IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. . SIGNED, SEALED AND DELIVERED CITY OF DELRA Y BEACH IN THE PRESENCE OF: By: Its: Witness (Type/Print) Name Attest: ' Clerk Witness (Type/Print) Name Corporate Seal , , , 2 . ~ .' I . ' .. ~~~~ .~~~~ .. .. 7' ca.Ä::) .' ,;.- - -r. 'I..> SUmley'G: e, Trustee =-s ~I e.. ....TiJ Ai l?-S Witness (Type/Print) Name , .:!Jfu) ~ "- {P/t: l uJ t ;VIV't' r- . Witness (Type/Print) Name THE LAKE WORTH DRAINAGE DISTRICT -. By: Its: Witness (Type/Print) Name Witness (Type/Print) Name - - , . t i' i 3 - . , ¿-1 . .CONTRACT :::01.. =/:.~= ~:"!.J~ :::J~~E.:':.=:;:: . . , FLORIDA ASSDCIATION OF REALTORS A~D THÈ FLORIDA BAR ~- Stanley G. Tate; Trustee .:'¡" PARTIES: ("~'I, 01 (PI1<>.. Ind (" I!!!n r at r ) In person. property . ,r nil ) (cOI~~~'y "em) upon th, lottow, , n al! ptlnl~ on the fever.. Of .".~.ny Ríd't. and en . 10 1hi, )",tfume I, DESCRIPTION: (I) Legal d..c:rlption of A..I Property Iocaled In Palm Beach County. F)arlda: See Exhibit A attached hereto and made a Dart her~of '"ProDertv") (b) Str.,t addr..,. city, zip. or the Property I,: (c) P'faonally: :'ettlement 'Subject to IncreaSe as provIded for In the Addendum 1.200.000.00* II. I_PRICE .................;.;................................................... PA VMENT: (I) [)eposlt(l) 10 b, held tn escrow by Brackett. Cook et al In thl amount 0' . . . I See Addendum (b) ~ddjtlon.1 ..crow deposit wllhl" _ daY' ,rt,r Erleclivl D.l, In thl __mount of.. . . . _. . . . . . . . . . . . . , . . . , . . , . , . . . . S (c) Subject 10 AND assumption of mOri~_g. In good Itandlng In I.vor of havtng In approxlma'l p'.sent principal bllance of . , . S (d) Purchas. money mor1gag. and nol. b"rlng Innulllnl,re.t II ~ ~... Addendum) In lmount or ..............s (.¡ Oth.r: S (I) ealance 10 close (U.S, cash, l n, l flX1 II I I i¡ LJ , J r ...............,. 1.200 000 00*- III. TIME FOA ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If thll oftltf II not execUltd by and dell....r~ 10 I" partin OR FACf OF EXECUTION commun c'l~ In Mllh belween the partie,. ~ or before , the d.p"'!Jt(sl.will, ai Buy.r'. opUon. be returned to Buy.r anet thlt off.r wlthelrl"'". A lacslmlle Copy 01 It Conlracl I . . ('Conl.act, Ind Iny Ilgnalu.al ha,aon ahl" bo conslda.ad lor In purpos.s U o.lglnall. Th. data 01 Con'''.' ('E"actl.. Dat., win ba Ih..5= Ihlla..onlollhIBuyarlndSlnlrhullgnadh..algnadlhlloll... ** by wire transfer to such account designated by Se1Jer'subject to IV. FINANCING: proration as set forth .in this Agreement (See Addendum). (I' o. 121 or (31): II} 0 a iliad, \2} 0 In l<I\u.llbll Of \3} 0 I Iliad or l<I\us\llll. '"" loon wI'hln _ days lilt< EIIIC'i.. DI" "' on InUIIl Inl....' rl'a no'lo I.rm of _ year. and rot' Ih. principal Imount of S . Buyer, "III make ~allon wtlhln _ diligence to obllln lhe lOIn commitment and, thlfllller, to meet the terms and condition. of the commllment a Oln, Buy,r ,han ply .n k),n e..p"n,es, If Bu rails 10 obl'ln Ihe commitment or fills to waive Buyer', rlghl. under thl, ,ubparagraph wllhln th, II Ining the commltm.!['1 or aller dlllg.nl eflor1 lall. to ","I terms ."d condition, of Ihe commllment. then .llher Plrty ther..lter by prompt wrln'" not er m.y ea~' Ihe Contract and Buyer ,h.1I be "'unded Ih. d~11 (b The e.i.ling mortgage dllcrlbed In Paragraph lI(c) above has (CHECK a variable Inl.,1I1 ral' 01' ~2) 0 . lIud Int.rtll ,", of _ ~ per ,n"" At time 01 Uti, l'anst" .ome fixed \nt,,,st ,.'as are lub 51. 11 ¡ncr',sed. lh. re'e 'han not ...cNd _ ~ per annum. S.n.r ,han. within _ de,. al Elløctive Oal'. furnish slalem,nts fro gees Ilallno prlncipl' ballnclS. mllhod of p.yment. In''''lt ra'e .nd ItatuI or rnortgaOIl, If Buyer hll agrlld to ...umt mortø.uJe which require. uy.r by the mortgage' for assumption, then Bu)'.r .hlll Pfomptl)' oblaln all requl,.d Ippllc.llonl and will dlllg.nl~ compl.'. and fill Ihem 10 Ih, mo ,y mortoe9" chlrgels) nol 10 excetd S . .hall.be plld by ~f. not filled In, equally Ivlded). II B~r tt I ace 'toag" or. Ih, requ",m,nll for a.sumplion ...e nol In accordanc. ."Ith Ihl t,'ms 01 Ihll Conuact or mot1gagee m~ II a charge In 'IC~" or thl l'lle lmou V, H 1 0 II .1 t (1, 11,,(l)Q' . . (IIQ'" . , , . . '.~ . r ", .,.. See Addendum attached hereto VI. CLOSING DATE: This I"nllctlon Ih,1I b. closed and 'he deed Ind olh.r clO.lnO papa,. d.llvered on , unl." ,xt,nded by oth,r prOvlllonl of Cont,. VII, RESTRICTIONS: EASE.-ENTS: LtMIT A TIONS: Buy" Ihall tah IIlIe lubJecl to: zoning. re.trICliòn" p,ohlbttlon. and other requlr.ment, fmPMed by goy.rnm8f1tel .uthoflty; ,...rk11c and mltte'l Ippuring on thl pll' or otherwls' common to 'he lubdlvision: publiC ullllly easement. 01 r~d (....n"n'. .... 10 be Iocal.d conUOuou. 10 A..I Property lines a nol mo'e Ihen to I"t in width II 10 th, re.r or Iront IIn" and 7"'" 1..1 In width II 10 Ih. .Ide linll. unl... olherwi.. .III~ h."ln': 1..,.11 lor y..r of clotl"g and IUþHQUf years; Iss.um.d morto.Oes and purchas. money mortg.gll. It Iny; other: : pt'ovieh 'hal there e.l$ts II closing no violation or 'hi foregoing end non. of them prevents UII of Real Property for Residential purpose, VIII. OCCUPANCY: Seller wlrrllnl. thlt Ihere .re no plrll.. In occupancy other than S.lIer; bul, II Properly It Infend,d to be rentad or occupied beyond clollnG. th, fael and I,rr theleo' Shill! be slated herein and Ih, 1'"lnl(s) or occupanls disclosed pur,ulnl 10 Standard F. S,lIer agree. 10 deliver occupancy 0' P,op.ny at 11m. of clollng unla.. olherwl slaled herein. II occUDlncy II to be d.llv"ed before clotlng, Buyer a"umes all ,Ilk 0' -10" to Property 'rom da" 01 occuplnty, 'hell b. 'lIpon,lbla and IIlbl, 'Of mllntenlnc. tre Ihal dele. and ,hall ba deemed 10 have .cc.pled Property In II, e..¡lung condillon u of lime of laking occupancy unl... otherwlee 11.led h.r.ln or In a ,eparal. wrlllng. IX. TYPEWRITTEN OR HANDWRITTEN PROViSIONS: Typewrll1.n or handwrltl.n provl.lons ,hall control all prlnl.d provisions of Conlrlclln ~flicl with them, X, RIDERS: (CHECK IIlny 01 Ihelollowlng Rider. are applicable I!HI a,..anached 10 this Contrac:H: la,O COASTAl CONSTRUCTION CONTROL liNE RIOER lei 0 FOREIGN INVESTMENT IN REAl PROPERTY TAX ACT R'OER ¡a) 0 FHAlVA RIDER (b) 0 CQIoIOOMINIUM RIDER 1d1 0 INSULATION RIDER I') tJ OtHER, See Addendum XI, ASSIGNABILITY: (CHECK (1) 01 (2)): Buyo' (1) 0 mlY IIIlgn 01 (2) ~ miy nol".'gn Ihll Conl;acl, Hand the city Counsel ot the Buyer sha 11 have XII. SPECIAL ClAUSES: (CHECK (1) 01 (2)): Addlndumll) m 11I""chador(2'0 tha..II no AdcItriclum. provided ,the Settlement Agreement to which XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. this Cont;~act is attached as an Exhlb~t~ER'8INITIAI XIV. DISCLOSURES: Buye, !J acknowledg.. Of 0 doe. not ackno'wltdoe rftllpt ol·'he .g."cyl,.~compen..llon end ..Umaled closlnO eosll dlsclolu,.. ,. , THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY: UNDERSTOOD. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BV THE ~ORIOA ASSOCIATION OF REAlTORS AND THE FLOAIDA BAA. . Appro",,' dt»:: ::;,r:::,. ::øu'f1'": Ih., :~ø:,=:c;: -: ~:~ :,=.~~~..: _::,'«1 by ":::':,,-:,"',,:.::.::=anlon r~. C!TY OF DELRA Y BEACH cOPv= '"' BYTHEFLORIOA eAR ANO tHE FlORIOA ASsJ'ê.XTlo1GrREAlTORS --------------- ~ r2 .. Da.. . ~ ..:ö:>' ~ i¡//:¡J/.,s Da.. ,a.,..) , . . .I-·'ST Y G. TATE. TRUqH ~OCI.t S.curlly or TI:;( I.D, , &cIIISocurltyor'rul,D., 13:).-~a -Soo.! Oa', Olt! ,I.,,,. _'1 Social Security or Tax 1.0. , Social Security Of Tax 1.0. , D.posll undlr PI.lg.lph lI(a) rlCl,.td; IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. Brackett. Cook. Sned. Welch, et al. ~ElCrow "oenl) BASlleR 6 pee. (811.111 118 II trUiir¡ ~Ii Gtlr ·-~1·i·ü' IX) . By: OFt 0 n..lion In 'hI amounl 01 (COMPLETE ONL v ONE) ing. 'rom Ih, dllbur..ment. of the proceed. of 1 . uyer 'lIdy. wlØlng Ind able 10 purch... pUfluanl 10 111. foregotnç r . ,.. .I:lo'l. prøvld.d. ,hi" be peld Brok., as luU con,lderaUon 101 Irati"" ah.n not clot. beCIU" ot rtlulIl Of 'allur. of Seller to perfcwm. Sel"" ,hal r,C1 COnClfntrig ,1h. .Broker IlIIng plrty Ihln recover ,..son'bl. .norn.)", f... 'nd COils . "''''nMW'''...........'1 FARtBAR·2 R..¡..d 1/81 RIDERS CAN BE OeTAIHEO FROM THE FlOmOA ASSOCIATION OF REALTORS OFt THE' FLORIDA BAR. - , ~ettlement .A, EVIDENCE: OF TITLE: ( , exlsUng firm) purporting 10 be In accu,a., synopsis 01 'he Instrum,nts eUe j Ie coun',. wherein 181 P,o .r! Is I ' ...., I.SI pUOllo recordl, 0' IUCl>,I. 'dill.' m.y bl cu.lom.,y In Ih. counly, Upon ' '. ·mA_ in.yr nc commllmen,.=:y ~c~'~~~~,:~~'';,'u'y~;!~'II\~~~'~~n:~1gp'r~ I ~Y;, ':u: lc~'~~fy°~;rl~~~~'~~~~~~r.nc.., ....PllO~;'do~~~~;;~:.~:~~. O~~~I\~:~h.~~'~'::,: on 'ec.n oso w Ich .h.II g. dl.ch.'g.d bt S.II.r ., 0' b.lore clo.'ng, S.IIer.h.II COnY'y m.rk.l.bl. 1111. .ubJ,cI only 10 lI.n., .ncumb'enc... "COpllon. or qUAllflcalfons '~'CIfI.d In the Contract Markele I, UlIe shan be determined 8c:cording to' applicable Tille Standarda adoph,d by aulhorlty ot The F:'Iotida Ba, and In accordance wI! law. . , . " . . . .... d.'eelly., Bu"er .hell, wllhln 3 dey.. notify S.II.r In wrlUng ,p.elfylng d.'.el'.). " Ih., d.'ecl. I ".,y. hom rec.ipl 0' no, CI ..lIhln ..hlch /0 r.moy. Ih. d'.'.el s . ,.lIIn , ,e, .ec'Plin~ Ih. 1111. os It Ih.n I. or d.mendlng . I.'und 01 depo.llf.) p.'d whl yer; ""upon. Buye, ind ~11I.r .hill rol.... on. enol er 01 .1,1 IUrl~.' obll .IIon. und.r Ihe COnl,.el. g;.ce p.rlod In Ih. .y.nl 01 d'l.ull It . 11',1 mOrlg.g. .nd . !S·day grac. period" . .Icond or ....' morlg.g.: .h.1 P;oYld. 10' 'I hi II> r,art wifhou. plnøfty: shalf nol pI,mlt acceleration or Interest adJustmenlln ,ven' of risale óf RI.I Proþlrt)': ahal . encumbr.ne.. to be hOI n gOOd ...ndlng .nd 'or bid modlllc.llon. 01 0' luIuro .dYlnc.. under p,;o, mO'1 . . . " ,.nd securily .?,".m.nl .h.II b. olherwl.. In lo'm .n conl.nl required by S.IIer: bul S.II.r m.y only reqult. cl. ' , mo,lg.g... mOllg.g. nol.. 'nd SlCU' 'ro .g...m.n.. g.ner.lly ullllud by "ylng. .nd lo.n In.l/lullon. 0' ./01' or . counly wher'ln 11..1 p,operlY III 10c.1td, All P."on.lly .nd..... b"ng cony.y.d 0' ."'gn.d will. ., S.IIer', IOn 01 . o.curlly .gro.m.nl eyld.nc.d by reco,d.d "n.nclng ".'.m.nt.. " . b.lloon mo,Ig.g., Ih. IIn.' p.ym.nl, ..III ..c..d C. SURVEY: Ouyer. II Buyer'o ..p.nu, ""hln 11m. .lIow.d 10 d.llyer ovld.nc. 01 '1111. Ind '0 ex.mln. ..m., m.r h.y. 11..1 Ploperly oury.y.d .nd cerllfl.d by e '.glll.red ~Iorld. .u.y.yor. " OU,y.y ohow. .ncro.chm.nl on Roo' Properly 0' Ihlllmp.oy.m.nll 'oclt.d On R.. Proplrly .nc,o.ch on o'Ibnck IIn... ....m.nl.. landl 01 olhe-rs or vlolat, any 'lslrfcllons, Contracl eovensnls or .pplicable governmlntål rlou'al1on, Ihe '.me shall coni lit ute I tille delect. ' , CerUlled Pes' Conlrol Operllor '0 determine II Iher. II Iny visible Icllve 'ermlte In'eslallon 0' "'slbl, .~J.tI"g dame . Irortl '.rmllt fnfllt . It elthe, Of bOJh Ir. found, Buye, will hive ~ dlYs hom dale of wrlllen nollce Ihlt.of whhln which 10 have 'I . or not. InJþecled and .sUmBled by aliclnsed builder or gen,ral conlraclor. Seller shall pay valid co,t. 0' ,r.lfm . ge up to 2'\0\1 01 purch..e price. Should such COSIS fJICc.ed fhal emount. Buyer Shan have 'he option of cancellln C ' . er receip1 01 con'rlctor', repair ,sUmlfø by gIvIng ~rj".n noUe. fo Seller at ~~lr~r.l~a~o~II~CI 10 proc..d wllh Ihe Ir~c ... prlc., ·Tormll..· 'ha~r~~ S:..~I...::J~~~n~l~d~d~lIi~;~':t'I~~.~~:,~:~.~~~II.~~~~~~ ~~: :~'~I. o:.~:.I~~~;:'J;.II~;dF;~f¡~~ . ~~ 1~~~~g·~I1·i~D ~~:~J8~1 ~II> '¡ ~ ï ~~ (~~ ~ .~f ;;!:: 'l J.I..'~:, I =- v , I II, ;i' If:' I,L 1. I u' ·.1' 1L , . . r . ·L .... ~. lEASES: S.lIor .h.l/. nolI... Ih.n 15 d.y. b.'ore cloolng. lurnloh 10 Buyer cop I.. 01 .11 wrlll.n I..... .nd ..loPp.,I.lloro ',om aach 'ananl s"ael/ylng Ih. n.lur. .nd dur.llon 01 Ih. l.n.nl·O occuplncy. ron'al rei... .dy.nc.d tOnl .nd Slcu,lIf, d.posll. paId ~ I.n.nl. II S.lIer I. un.bl. 10 obl.ln ouch ,.lIor Irom IIch I.n.nl, Ih. S8me fnrormaUon thill, be lurnl.hld by SIner 10 Buyer within that lime r.edad n 'he form of .. eller', afUd."U. and Suyer may ther.efter conlacl 'In.nls 10 conllrm such Inlo,mallon. S.lIor Ihlll. "' cloalng. d.llyor .nd ...lgn.1I o'lgln.' .....10 Bu 'in the form of ExhibIt 2. G. LIENS: S.IIer .h.1I ,furnish 10 buy.r .1 11m. ot c'o.'ng an Itlld.yll , ~:~;~~I~~ '~.~.o~f~::;'I~~I. '1~~~~~~;'~h~:ob::~~;"~~:y~'::I~~rr.~~~~~~~I~~~~ :~:;'II~"" blln no Improy.m.nll or ro .1' ..or. 0 m.ehonlc.' lI.n. mcul.d by ..~ g.n.'.1 conl..ctors, .ubconlr.cloro. .uppller. .nd ' , , IOn .lIid.yll ootllng lorth tho n.m.. 01 .11 .ueh gonor.1 conllnclors, subconl1.elora, I ' a liming Ihat all ch.rges..tor Improv.me"ts or ',pllrs which could 'erVI II I bills lor. mechanic', lien or a ' I. H. PLACE OF CLOSING: Clo.lng .h.1I b. h.ld In Ih. .ounly wher.ln Ih. 11..1 P.operly I. local.d II Iha ollic. 0/ /h. ."orn.y or olher clo.ing .g.nl d'.'gn.,.d by Sell.r. \ I. TIME: Tim. period. her. In 0' 1..0 Ih.n 8 day. .hall In /h. compul.Uon exclud. Salu.d.y.,. Sund.ys .nd SI.I. or n.llon.' I.g.' holld'YI, .nd .ny 11m. porlod provided lor herein which ,hall end on Sl1urdey. Sunday or a legal holiday shallexlend to 5:00 p.m. or Ih, nexl bu.I"." day. ~, DO~U!,,~N,TS FOR C~OSfNG: -::~"::,~: ;";r;~~'~ .~: ~;:; .~",:' ::'. ~~:::='~'-I~', :~:'~'~I~ ::, :'~:J.~~:=:j ~~ ~::~:: ;~:-. ~;: se~JAådendu~ ,." ." K. EXPENSES: ;~~. i~, ~;;', : ' ~~ ~ ': C. II !', ~ ' ' '~:;<'" ; ,:;: ~ -;.~ ¡;: I:, ~:~ 'I ~." I . J' ~ r L '! J,. . ... of ... ... .... . ~ .. . L' ,~ . .... . . . See Addendum l. PRORATIONS: CREDITS: Suyer ahnll høve the option 01 teklnA over any eJIIlstlng Þollcle. of ¡nsurenee. II assumable. In whlcl'1 .~enl premiums Ih.1I be pror.ttd. Cash " increased ,or dBcreued illS may be required by þrorallons. Proration, will bt made 1~~ou9h day prior to occuþanç U occupant .tmg. AClvance r,nl ~.n<d :I~~u~~~ ~~,~~.~~~:I~::. C;:~I:::<:~~~Y:~O";:br:';;~~o~':ft~~~~~::~.bJ ;:'''.j'gl~~~'.;~I~ b. erodll.d 1o 5.11 eur..,. d.l. w&;~'~~~d c~~~:n~~~~~': ~M:;~ ~:'::~~ ~::~.~7.", ~~~:~~~::r::llr~.·~~~r~7~~· :;~~:bl·"I~~~~·.;~·;" b. pror.,.d boso ompl.l.d ImproY:~':~~ :~d,~~' ~~~' t~:~~~I;,~;gji~~;,':n;'11 ~r~~~,':1':':~I~~1 ~hí'co~ Imp,oYOm.nl. wor. no, In ..iSl.nCI 0 Ih. prior y.or, Ih.n I..... .h.1I b. p,or'lld b...d upon Ih. p,lor Y'o", mlll.g. Ind "' rll,l~qu:labl. .... ssm. n .yallabl. . XI mpt f."n:,·l":,oor.~h:r ~r,:,II~~' b~~I¿~g o~~~h¡,:~~~~:I.~~:1 ~:, ":::~.~~ ~~'tlr~.~n~u~~~~~'~et,~t~~':~~~~:;I~:~r~:~~~~:~.:o~ . , . . '. SeéAddendum , /II, SPECIAL ASSESSMENT LIENS: . .. , .' , Pending liens IS of dafl of cfol(ng shall be Illumed b Buyor, I( Ih. m r y , C I pen ,ng ¡en ,hili b. consider ' 'Brge an amount equll to Ihe Iut ..lImll. of 1"I..rn."1 lor the Improvement by Ih, ee en um . N, ¡nlBliar walls. seawall, (or equ1vølen1' end dockage do nol have II"Y VtSIBlE EVIOENCe of leeks. wale' damage or .truclur. damage and 'hltlhe Sf II , all appfiances, mechinlcalllems. hl.llng, coolin9. Ileelrlcal, plumbing syslefT1s·end mechlnery Ir. In WORKING CONOITION, Suy.r ml pen.., have Insp.ellono mad. 01 'ho,. lI.m. by · IIrm or Indrylduo/ .p.el.1f2Ing In homo In,p.ellon. .nd holding on occupellon.lllc.n rpo.. ( I roqulr.d) or by .n S~~~~O;~:~I~,;¡;,~n:::, ~I~r~~~ ~:~;.,~I~'i:o".J.or.~.hn~~,~~'O~.t~oB~~~;~~.~eU~r.~~eL~;.~O:.I::~:h.n 10 d.y. ~tlh'n Ih.1 II';'.~ ¿~~~~·;ho.~f~r: ~;~',;,~':1'~~I~~y~'~;'~~d Selle,', warrl!lnties as to defects "at reported. It repI"s 0' ,.plaeemenl$ Ir. , r ahlll caute such repair, '0 be mad, and'shlll pay up 10 3~ 01 'he p,,'chas. p"e. 'or .ueh '.p.lrs 0' ropl.eem.nl. .. mo b. r . er 1o ploc. .uch lI.m. In WORKING CONDITION. " Ih. cool 'or luch ropolr. 0' ropl.c.m.nl ..t..d. 3'110 01 Ih. PU'Ch". 0' S.lfer may .I.cl fo P"J ouch exco.., lallln\ ..hlch Ollher p.r,y m.y ..nc.1 Ihl. Conl'.el. I( S."or I. un.bl. 10 corr. p, 0' 10 closing. Ih. co., Ihor.o' Ihlll bt pII Inlo "Cro.. .1 cfoolng. .lIor ...111, Upon "..on.bl. nollc.. provld. ulolI"" SO,yjcI Ind · roperlt 10' In.p.cllon.. Including . ...'k~lhrough prior 10 clo.lng, O,'w..n EII.clly. D.1t Ind Ih. dl'. 01 cloolng. I.C..!:' '0' rep.lr. IS SI.nd.'d. S.lIer I .11 m.lnllln Prop..,y, IncludIng. bul nol IImllld fo. Ih. '.wn .nd .hrubb..y. In Ih. condlllon h...ln w.".nltd. or In.,y O. Properly So dlm.glld. Cost 01 r.'lorallon Ihell be an obllglUon of Ihe S.".r Ind. e os'ng Ihaff proceed url ~~~~~7"d.~fl~'~·ing If 'h. co. I 0' roslorlllon ..c..d. 3% ollh . P.Y'bl. by ylrlU. oi luch 10.. ord.m.g., 0; g'·cinc~r,r~g"r.:1~ ð:~~,~~r ::J'~~c::yr~I;~~I~,~no~ p, PROCEEDS OF SALE; CLOSING PROCEDURE: expense 10 show till, In Buy." without any encumbrances or change .,..hleh waul rend.r Sell.r', 1111, unmark"lable from Ihe da'. 01 'he tas, Ivl 0 Ih. snl. .h.1I b. h.ld In .,crow by 5.11..·. .lIorn.y or by .uch olho, mulu.lly .ecepl.bl. "C'O" .g.n' 10' a porlod 0/ nollon .. .nd .lIor Clo.lnft dal., II 5.11.,'. 1111. I. ..ndorld unmerktl.bl.. Ihrough no f.ult 01 Ouy.., Buyer I~.II, 'wllhln Ih. 5.d.y period, n . Inp, ollh. d.'.cl Ind SIll.. .h. have 30 daYI hom dele 01 "celpl of luch '1ollllelllon to cur. Ih_ ele'ecl. II Sell., ,.". to Um.r c ,depOIII(I) Ind C ollng lundl .hlll, uþOf1 wrlUen d.m.nd by Buy.r .nd wl1hln 5 d.y" .IIer d.m.nd. b. relurn.d 10 Buyer .nd olmult e rep.ym.nll uyer ohlll relu," Porlon."y, .nd Y.c.I' P.op.rly .nd recony.y, 1110 S.l1er by Ip.cl.I wI"anly dood, II BUYI' /.111 10 '.nd 'or r.'und. B1." .h.11 t.k. 1111. .. II. ...IYlng .11 tlgh . .golnol S.lIer "' 10 eny Inl,rvln I1g delee' except II may be 1".lIeble . of wenenU.,. contelned In .",. .ed. II . parllon ot ¡he purch.., prlc. II 10 be derived trom inslllUllonel IInanelng 0' ..IIn.ncln . I.ndlng InSlllullon .. 10 pllc.. 11m. 01 d.y .nd proc.dureo '01 clo.lng. .nd lor dl.buroom.nl 01 morlg.g. woc.ed' shall tonh provlllon In thl, Contract. S.lIer ahl" hive Ih. right '0 requlr, from the lending Inlll1ullon a wrllløn commllmen' 1hl' I will u".m.nl 01 morlg.g. P,oC'.do .. . r..ult 01 .ny "". d.l.cl .lIrlbul.bl. 10 Buy.,.mortg.gor, Th. ..c'o.. and clo.lng proc.dure requlrod by , " . Seé Addendum ~'e~oS';~~:': .~~r.:I'~~o~lo"~:~~f ~~lo~,~~~y~~nlu:.,~~r~.~~I~:~n¡.',lm~U~~"J'~:~d~rr~n:g~r"~o"J, :;...~~~~~: ~\ '~:~r~~c:'gr~~nl;:~h~;rr;;g:I~.~~~~ ":::,!~ perlo'm.ne.. II In .oubl .. 10 Ag.nl'. dull.. 0' lI.blllll",under Ih. P'oylo!ons 01 Conlroel, Ag.nt m.y. .1 Ag.nl" o~lIon, conllnu. 10 hold rh. IUbJ,cI m.tt.r oT Ih. ~:;o;.:;~r: ~·m~·~:~~ 1r;:~I~I:I:t :f~~~ ~'~~lId~:'::í·~:y1~~ l~rr.O;:i~,rO~U~? ';'"..n~~lp~I~°'ü~g~ ~~';;frr~~n~I\U~~..:~~o;o~c::~:~I:;~';:h t~~I[~~~I:lIo:'~~~lrv'~~'~h~' o~r,':: ':'w·..1 1:,.11 :"òlt :''',,;,,01.. ..~,~llv ",' ..1.;., vI ."vv."Io"M ;v, "'r It..no P'Oy,v.';r "'''Yor.U WI O. "C'Ow. " a 'rc.n..o ...t ."... bro_er, "g.nl W'" comply w',n . p,oylllono 0' C .pl.. 47S. F.S, /1989,. a. amlndld. Any .u I b.I....n Buyer .nd S.II.r wh....,n Ag.nll. m.d. . g"rly bec.u.. 01 .cllng .. Ag.nl hereundor. 0' In nny .ull wh".'n Ag.nl Inl..pllld. Ih. .ub/.cl m.ller 01 Ih. IIcrow. . ^~.n' .hl/l "coYlr ""ono I. .lIorn.y'í f.1I .nd co.lo Incu".d wllh Ih. I... and coSl. 10 b. p.,d hom .nd oul of Ih. ..crowed lund. or .' ¡'Iy.,.nl .nd c .r~lId Ind ....erd.d .. .0ull co,11 In 'IVO' of 'hO P"Yllllng f..rly, P.rtl.. .g'" Ih'l Aoenl .h.1I nol b. n.bl. 10 .ny p.rly or p".On '0' m'od.lly..y 10 uY" 0' s.nero' I.m. .ubl.cl to thl. ..cro.... Unl.u ouch ml.d.llyory 10 u. 1o wllllul b".ch at 'hls COOlrlet or gron nlgllgence 01 Aoe"t _,. R. A nORNEY'S FEES; COSTS: In .ny IIlIg.tlon .rI.lng out 01 Ihl. Conlr.el, Ih. p..Yllllng p.rly In ,uch IItlg.tlon which, lor Ih. purpo... 01 Ihl. SI.nd"d. .h.1I Inelud. S.lIer. Buyer, IIllIng broker, Ouyer·. b.ok.. .nd .ny .ubag.nlS 10 Ih.lI.tlng brok.. or Buyer'o b'ok... .h.1I b. .nlltl.d 10 roCOY" ....on.bl. .tto'n.y'o f... Ind costs. S. FA'LURE OF PEI1FORMANCE: If Buy.. I.". to p,,'orm fhhi Conh..1 ..lIhln Ih. 11m. ,p.clnld, Including p.ym.nl 01 .11 d'r,0.II(.), Ih. d.po.lI(o) plld ~ Buy.. Ind d.po.II(.) .gre.d 10 b. p.ld, m.y b. rol.ln.d by 0' for Ih. .ccounl 0' 5.".. II .grald UpOn 'qu'd.,.d dlm.g... con.ld,,"t on for Ih. ...cullon 01 fhl. onlr.cl .nd In 'ull..lllamlnl 01 .ny el.'ms; wh...upon, Buy.' .nd S.II.. .h.1I b. rell.y.d 01.11 obllgillon. under Conlr.cl; ø II , 18 II . ,I', . r. '1 , 'I, j. I' 11" , '.. I . .. i 1 .I, II. 10' In~ '"..on olher /h.n I.lIure 0' S.II.. 10 m.k. S.II.r'. 1111. m.rk.l.bl. .IIor dlllg.nl .lfo.., S.I.. ,.110. n'gl.el. 0' refu.es 10 perform Ihls Conlfect, 1he Bu)'er ~~ .~ JI:'3"'c perform.nee or .Iecl '0 rlceJvl the retur" or Suyer', depotlf(s) without fhereby wllvfng Inr Icllon tor d.m.g.. r..ulllngllom S.",,'. b,,"ch. e n um , , . ' T, CONTRACT NOT RECORDABLE; PERSONS BOUHD: NOTICE: Hlllhlr fhl. COlllrocl, nor .ny noli.. of It, .h.1I bl r.cord.d In .ny public record., Thl. Conl..c' .hnll bInd .nd Inu" 10 Ih. b.n.1I1 01 Ih. plllllS and Ih.lr I~CC'''ors In ,'nl....1. Wh.n.y.. Ihl .on'ext ""mil.. .Ingul., .hllllnclud. plu,.' .nd On. g..der .h.1I Includ. .11. Notlc. glyan by 0' '0 Ihl .lIornlY lor Iny P.,ly .hlll b. .. .lIicllYi IS II gl,y.n by 0.' 10 Ih., p..ly. U, CONVEYANCE: slalu5 of Sell,r, sublect only to mailers I " "que'l 0 Buy.r, b. t,ansterred by ee Addendum V. OTHER AGREEMENTS: 1'10 rrlor 0' plllonl Ig,oomlnll 0' '.p,...nf.llon. .h./I b. binding upon bU~" or S.lIer unl... Includ.d In Ihl. Conlr.CI. 1'10 modlll..IIon 0' ch.ng. In Ihl, Cont,..t 'h.' bo v.lld or b'ndlng upon Ih. p."ln unl... In wrlllng .nd .xecUlld by I . Plrly or portl.. In'.nd.d 10 b. bound by II, n . " L. L I' " , J t , , : "'-_...1...... ,ft", ..... TI... ~1...I..4.. Þ'H Ii..,',,;" Th. ~'nt'tf. A''Inrl.''nn nl R~^I TnR!;' , I ~ .' , , . r The South Three Quarters (5-3/4) of the EÚt, Half (E-l/2) of the Southeast Quarter (5E-l/4) of the Northwest Quarter (NW-1/4) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida AND The South Three Quarters (5-3/4) of the West Half (W-l/2) of the South- west Quarter (SW-l/4) of the Northeast Quarter (NE-l/4) lying west of lake Worth Drainage District Canal E-4. LE5S the North 100.0 feet of that part'of the South half (5 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Qua'rter (SW 1/4) of the Northeast Quarter (HE 1/4) of Section la~ Town~hip 46 South, Range 43 East, lying West of the Westerly right of way, line of Davis Road, together with the North 100.0 feet of the South,Three-Quarters (5 J/4) of the East half (E 1/2) of the Southeast Quarter(SE 1/4) of the North~est Quarter (NW 1/4) of said Section 18, less the West 40.0 feet thereof, all lying In Delray Beach, Palm Beach County, Florida. , LESS the East 40 feet thereof conveyed to the City of Del ray Beach, Florida, for Public Highway purposes with rights of reverter, and Less the South 70 feet thereof p'reviol:lsly conveyed to the lake Worth Drainage District. , . , ALSO LESS: . . (S 3/4) of the East The West 30.0 feet of the South three....quarters half (E 1/2) of the Southeast quar'ter ·(SE 1/4) of the Nort;hwest quarter (HW. 1/4) of Section lS, Township 46 SoutJ1, Range 43 £"st, Oelray Beach, Palm.Beach County, Florida, less the South 70.0 feet thereof. . . . , ALSO LESS: . The South.100 feet of the North 200 feet of the South Ihree- aua::-ters . (S 3/4) of the. East hatf ,('E'l/2) of the Southeast quarte:- (SE 1/4) of the tlorthwest cuarter U1H'l/4) of. said Section 13 less the WestJO feet. theréöf; t0get.'1er \-lith the South 100 ~eet of the Uo::th 200 ~eet of that,oart ot the So~th three- quarters (S 3/4) ot the West half '(~ 1/2) of the southwest qU3::er (S~ 1/4) of the Northeast c~árt~r, (HE 1/4) of said Section lS. lying West of Lake. Worth Dtainage.,Dii:d:rict's Canal ~-4. All of said properties being in Se'ction l,S', Township 46 South, Range 43 East, Palm Beach County, Florida. , J , I; t P'1.Å. A, '-1-0 (~'rh-ø('¡' . ADDENDUM TO CONTRACT FOR SALE & PURCHASE ("CONTRACT") BY AND BETWEEN ST ANLEY TATE (SELLER) AND CITY OF DELRAY BEACH (BUYER) 1. The City and Tate have agreed to settle the lawsuit stayed STANLEY G. TATE, TRUSTEE v. CITY OF DELRAY BEACH, et a!., Case No. 93-5198 AJ ("Lawsuit") whereby the Buyer will acquire the Property on the terms and cbnditions set forth herein in this Contract, it being the intent of the parties that upon closing of this Contract, the conveyance of the Property shall be deemed to be a "condemnation" of the Property. 2. It is understood and agreed that if this Contract does not close for any reason, then the parties will resume their Lawsuit under Case No. 93-5198-AI and that the parties agree that the Deposits as hereinafter defined are to be Seller's ~ole remedy of liquidated damages in the event of default, without waiving the rights that either party has in connection with the Lawsuit. It is understood and agreed that there will be no specific performance whatsoever for the Seller for breach of this Contract. . 3. By execution hereof, the Buyer understands and agrees that the Seller has made no representations or warranties as to the quantity, quality or condition of the Property described herein, the suitability of zoning thereof, or the availability of permits relating thereto. The Buyer is given until May 17, 1995 ("Discovery Period") to do all discovery, inspections and environmental tests of the Property, If for any reason the Buyer rejects the Property, the Buyer must notify the Seller in writing within the thirty-day Discovery Period whereupon this Contract shall terminate and the Deposit held by Esèròw Agent returned to Buyer, the par~es shall be in the same position as they existed as if this Contract had not been executed and the Seller shall be entitled to pursue aÍl of its rights and remedies contemplated by the Lawsuit and the Buyer shall have not have waived any of its defenses in corinection with such Lawsuit. . If no'notice of cancellation is given by Buyer to SeHer prior to the end of the Discovery Period, the Property is deemed accepted as "AS.JS.", and the conditions set forth in this paragraph shall be deemed satisfied, and Buyer shall no longer have the right toterminåte this Contract. . ' . . . . . 4. It shall be a condition precedent of the parties that on or before May 17, 1995, the City Council of the City of Delray Beach, Florida, shall approve the Settlement Contract to which this Contract is attached as an exhibit ("City App~o.val"). In the event that the City Council of Delray Beach has not provided evidence that it has approved the Settlement Agreement on or before May 17, 1995, then this Agreement shall terminate and the Deposit returned to Buyer, whereupon the parties shall be in the same pos!tion as ,they existed as if this Contract had not been executed, and Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with the Lawsuit. 5. The "Closing" of this Cont~act shall· occur on or before a date ("Initial Closing Date") which is the earlier of: (i) October 10,19.95; or (ii) five (5) days after obtaining the "Permits" (as hereinafter defined). A deposit of TeIÌThousand Dollars ($10,000.00) is payable . ' I 1 FTL,28452,2 1 1 . , . . . by Buyer to Escrow Agent upon the signing of this, Agreement by Buyer ("Initial Deposit"). An . additional deposit of Forty Thousand Dollars ($40,OåO.oo) is payable by Buyer to Escrow Agent on or before the end of the Discovery Period ("Second Deposit"). The Initial Deposit and Second Deposit are, as and when delivered, collectively referred to as "Deposits". In the event Buyer has not obtained the Permits by October 10, 1995, the Buyer shall have the right to extend the Closing from the Initial Closing Date until a date ("Extended Closing Date") which is the earlier to occur of January 10, 1996 or five (5) days after the Permits have been obtained; upon providing Seller with written notice electing to extend the Closing on or before October 10, 1995. , , Notwithstanding anything contained herein to the contrary, the Settlement Price shall be increased by an amount equal to Four Húndred Dollars ($400) for each day from and after September 12, 1995 to and through the actual date ot' Closing (i.e., 12 % per annum simple interest on the original Settlement Price from OCtober 12, 1995 to and through the actual day of Closing, whereby the Settlement Price is paid to Seller). 6. Provided that: (i) before the eIld of the Discovery Period, the Buyer shall, at its expense, prepare and submit to Seller, the proposed site plan which Buyer desires to óbtåin approval of as a portion of the Permits with respect to the Property and the approximately 48 acres to the north of Property (owned by Travis and Sned), :which site plan shall provide for density not to exceed six (6) units to the acre and public access from Atlantic Avenue through the temple Sinai property to the Property ("Approved Site Plan"); and (ii) Buyer uses due diligence in obtaining the Permits, then and upon the occurrence of such events, it shall thereafter be a condition precedent to the obligations to close under, this Agreem~nt that the following "Permits:' be obtained, to wit: (a) rezoning of the Property to pernût development of the Property consistent with the Approved Site Plan; (b) approval of such Approved Site Plan with such de\tiations thereto as may be required by governmental authority, but consistent with the requirements set forth above; and (c) plat åpproval for the Property permitting such plat to be recorded upon Buyer paying the appropriate fees and posting the appropriate security in connection with the recordation of such plat. Buyer agrees to use due diligence and good faith efforts to obtain all such Permits. Buyer agrees to provide Seller with monthly status reports as to the progress of the attempts to obtain the Permits. Additionally, the Buyer, on its own behalf and on behalf of any designee, shall cause any inspection reports, surveys, studies, or ,other documents obtained in connection with the Property to be provided to Seller as and when such documentation is received by the Buyer or its designee. . Additionally, Buyer agrees that in connection with such Permits, Seller shall not be required to incur any liability or expense in connection therewith and in the event the Closing does not occur whereby the Settlement Price is not paid to Seller, then neither the Seller nor the Property shall be burdened by any obligation, liability or expense in connectioll with any such Permits (and no road right-of-way shall run through the Property without Seller's consent) and, at Seller's option, all or any of such Permits (as determined by Seller) shall be vacated. To the extent such Permits have not been obtained on or before Closing (Le., the Initi~l Closing Date, as same may be extended to the Extended Closing Date as provided in Paragraph 5 above) .and the condition for Permits is not waived by Bùyer, then eit,her party shall have the right to terminate this Agreement upon delivery of written notice to the other, whereupon this Agreement shall terminate, the Deposit returned to Buyer, the paÍties shall be in the same position as they I I I FTL:284S2:2 2 . . . ~ . . . existed as if this Contract had not been executed and the Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit arid the Bùyer shall not have waived any' of its defenses in connection with such Lawsuit. - . . 7. The Buyer hereby expressly agrees that, 'at Closing, title to the Property shall be conveyed from Seller to the City (or its designee) by ta~è and the City executing at Closing and filing with the Palm Beach County Circuit Court having jurisdiction of the Lawsuit ("Court") the Stipulated Final Judgment in the form of Exhibit" I'! attached hereto and by this reference made a part hereof ("Stipulation"). At Closing, Seller shall deliver to Buyer at Closing the affidavit-in the form attached as Exhibit "2" and by this referenêe -made a part hereof. At Closing, Buyer and . Seller shall execute and deliver the Releases attached hereto as Exhibit "3". Additionally, at Closing, Buyer shall deliver the Settlement Price tò Seller by wire transfer to such account designated by Seller. 8. All closing costs, including, without limitàtion, cost of owner's title insurance, if desired, shall be paid by the Buyer. The Buyer shall use the firm of Brackett, Cook, Sned~ Welch, Hewitt, D'Angio & Tucker, P.A. to furnish said title insurance. If any documentary stamps are due, the Buyer and Seller agree to each pay _ one half. 9. The proration of taxes and assessment shall be made as of the Initial Closing Date (based upon maximum allowable discount). The Seller shall be responsible for all real estate taxes for the year 1994 and all prior years. If taxes for the year 1994 are not available, then, for purposes of such proration, taxes for the year 1993 shall be \ltilized based upon maximum alJowable discount. The SeHer shall have the right to challenge such taxes for 1994 and prior years taxes and assessments and shall be entitled to all refunds pertaining to such challenges. 10. The Closing of this transaction shall be held in the law office of Brackett, Cook, Sned, Welch, Hewitt, D' Angio & Tucker, P.A., 218 DatUra Street, West Palm Beach, Florida. 11. On or before the end of the Discovery Period, the Buyer shall obtain a title insurance commitment which may be utilìzed by the Buyer in connection with Buyer's review of title. On or before the end of the Discovery Period,-the Buyer shall agrees to take title subject to the following ("Permitted Exceptions;') to wit: (i) taxes and assessments for the year 1995 and all subsequent years (subject to the prorations provisions öf tlús Contract); (ii) zoning restrictions and prohibitions imposed by goverrunental authority; (iii) all easements, restrictions, limitations and other matters in effect at the date of execution of this Contract; and (iv) any matters created by, through or under the Buyer. On or before the end of the Discovery Period, the Buyer shall notify Seller of any title objections which Buyer may have whereupon Seller shall have the option to cure any such title objections. If the Buyer fails so timely notify Seller prior to the end of the Discovery Period, the Buyer shall be deemed to have accepted title to the Property in its existing condition. Notwithstanding any provision contained Ín'this Contract to the contrary, express or implied, Seller shall have no obligation whatsóever to cOrrect any title defect of any kind unless Seller elects to do so, nor shall the Buyer be entitled - to any reduction in the Settlement Price or offset against the Settlement Price by reason of same. In the event that Buyer timely objects to I , i , FTL:2B4S2:2 . 3 . , '., . the title of the Property prior to the end of the Discovery Period, and if Seller elects not to correct or fails to correct title within forty-five (45) dåys ofteceipt of timely notice of any such title objection, then the Buyer shall have the uption (i) accepting title as it then is without any diminution of the Settlement Price or(ii) electing to terminate this Agreement, whereupon the Deposit previously paid to Escrow Agent shall be forthwith returned to Buyer, and the parties shall be the same position as they existed as if this Contract had not been executed and .the Seller shall be entitled to pursue all of its rights and remedies ~ontemplated by the Lawsuit, and the : Buyer shall not have waived any of its defenses inconnettion with the Lawsuit. 12. The Buyer shall not be permitte~t.' any. åc.cess to the Property unless a desi~nee : designated in writing by the Buyer executes án agreement with Seller in the form of Exhibit "4" ("Access Agreement"), whereupon after such designee executes such Access Agreement, such designee shall be permitted reasonable 'access onto the Property to perform its engineering, surveying and environmental tests in connection 'with the Property. The Seller acknowledges that the Buyer will not be performing such tests and has no liability as a result of such designee's tests and that such designee will be responsible to the S~~ler for the performance of such tests or any liability in connection therewith. The only party that Buyer shall be permitted to designate as a designee shall be Exel Development Corp. ("Exel ") and Exel shall not be permitted access onto the Property until such time as Exel shall execute arid deliver to Seller the Access Agreement. 13. Each party hereto represents tq th~ 'other that there are no reai estate brokers involved in this transaction. 14. This Agreement is entered into in' an attempt to settle the Lawsuit, and the conveyance of the Property by Tate to the City (or .its designee as provided in this..Agreement) is based upon the threat that the Property would be ,condemned if not conveyed pursuant to this Agreement. Accordingly, it is the .intent of the parties that there shall be no documentary stamps payable in connection with this transaction as it is ,exempt from documentary stamps due to such threat of condemnation. At Closing, simultaneously with the payment of the Settlement Price by Buyer to Seller; Seller and the Buyer shall execute and hie with the Court the Stipulation. 15. The rights of the Buyer herein'may not be assignéd by the City without the prior written consent of Seller. The Buyer may designate Exel as a grantee to whom the Property may be conveyed in lieu of conveying the same to the Buyer. The Buyer may designate this grantee without the consent of Seller. It is understood and agreed; however, that Seller does not recognize Exel herein and gives no rights under this Contract to. Exel except those rights which it may have to obtain a deed to the Property upon full payment of the Settlement Price to Seller. At such time as payment is made, the Property may be conveyed toa Exel in lieu of being conveyed to the Buyer. The rights of the Buyer hereunder may not be assigned by the City without pdor written consent from Tate. At Closing, simultaneously with a payment of the Settlement Price to Tate, the City may designate a grantee to whom the Property may be conveyed in lieu of conveying same to the City. The City shall designate this grantee without consent of Tate. I , I I FTL:284S2:2 4 . . . 16. At Closing, Seller will release and, quit ~laim any right, title and interest it may have in any development or access agreement(s) with the City of Delray pertaining to the Property at the time of the Closing. The parties acknowledge $10.00 consideration is allocated for such conveyance. At Closing, upon receipt of the Se'ttleme~t Price, the Seller herein agrees to execute a quit-claim deed with respect to all lands located east of the contract property and west of the L WDD E-4 canal. It being the intent of this provision that the Seller will agree to execute a quit- claim deed necessary to give title up to the canal (provjded Buyer and the designee consent to such quit-claim deed). The term "Property" shall be amended to exclude any land conveyed by such quit-claim deed. - 17. Notices under this Contract shall be deemed served when deposited in the United States mail, registered or certified mail, return receipt requested, with sufficient postage and directed to the address specified below or such 6thÚ 'address as either party may designate upon written notice to the other: . TATE: Stanley G. Tate, Trustee 1175 N .E; 125th Street Suite 102 North Miami, Florida 33161 . with copy to: Barry E.' Somerstein, Esq. Ru~en, Barnett, McClosky, Smith, Schuster.&Russell, P.A. P.G, Box 1900 Ft. La~derdale, FL 33302 - CITY: City of Òelray Beach, Florida with copy to: 17. The Effective Date for purposes Pf. the Contract shall be the date the Contract (attached to the Settlement Agreement) and the Access Ag~eement attached hereto as Schedule 4 are executed by Stanley G. Tate, Trustee. 18. This Addendum shall be deemed a 'part o'f the Contract to which it is attached as an Exhibit. To the extent of any inconsistency between the terms and provisions of this Addendum and the terms and provisions Of this Contract to which this Addendum is attached, the terms and conditions of this Addendum shall supersede and control to the extent of such inconsistency. Except as modified by this Addendurµ, the Contract remains in full force and effect. I ; \ \ FTL:284S2:2 5 . . . . '. . IN WITNESS WHEREOF, this Addendum ha~been executed by the parties. Witnesses: SELLER: . ~~.~ ---CdW~ ~ C/-?_-r... . ted Name: ,ve-5 ST ANLEY . TATE, Trustee . ~oJJ. W~ \ P~inted Name:G 1'\: \ WI"Y\ \4 'fY\. .'",#/-:z 1,/9 oS" Dated: BUYER: CITY OF DELRA Y BEACH, FLORlDA By: Print~d Name: ~ , . Printed Name: . Dated: . - , . I ì I I rTL:28452:2 6 - . ~ . IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE. NO;·: 93-519BAI STANLEY G. TATE, TRUSTEE . . : Plaintiff, : : v. : - : THE CITY OF DELRAY BEACH, : FLORIDA and THE LAKE WORTH : - . - DRAINAGE DISTRICT : : Defendants. : . : . STIPULATED FINAL·JtrnGMENT - THIS cause having come on to be heard upon Joint Motion for . ' the entry of a Stipulated Final· judgment made by the Plaintiff and the Defendants, THE CITY OF DELRAY BEACH, FLORIDA ("CITY") and THE LAKE WORTH DRAINAGE DISTRICT· (IILWDD'~) , and it , to the appearJ.ng Court that the parties were authorized to enter into such motion, . .. and the Court finding that the compensation to be paid by CITY is full, just and reasonable for all parties concerned, and the court being fully advised in· the , premis·e~,i t is now, therefore, I , I I FTL.3:1339:1 ErJ I fo· ~fr-rf 4Jt/~J~ ('-10 f21x~¡Li~) . . " , l. ORDERED AND ADJUDGED that Plaintiff , STANLEY G. TATE, TRUSTEE, does have and recover of and from the Defendant, CITY, the "Settlement Price" as defined in the Contract [attached to the Settlement Agreement attached hereto and made a part hereof as - Exhibit "A" ("Settlement Agreement")] being the sum of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($l,~OO~OOO) as adjusted upw~rd by $400.00 per day from and after June 12, 1995, which shall be payable at closing as provided in the Contract attached to the Settlement Agreement (Exhibit "A" hereto) in full payment for the - interest of Plaintiff, STANLEY G'. TATE, TRUSTEE, in the property described in Paragraph 2 hereof; and . - 2. ORDERED that title to the property described on Exhibit . liB" (" Property" j is hereby vested 'in the [CITY OF . DELRAY BEACH, FLORIDA or its designee as provided in the Contract to which this is attached as an Exhibit] , upon making the payment specified in Paragraph 1 hereof. 3 . All parties shall bear their own costs and attorneys fees. 4. This case is hereby dismissed; however, this Court shall retain jurisdiction to enforce the terms of this Stipulated Final I , M'L,J2JJ9:1 1 1 . . . ~ " " Judgment and the Settlement Agreement attached hereto as Exhibit nAil . DONE AND ORDERED at West Palm 'Beach, Palm Beach County, Florida, this _ day of , 199_. Jqdge, Circuit Court JOINT MOTION . COMES NOW the parties to this action, by and through their . undersigned attorneys and respectf~lly move 'this Honorable Court . for entry of the foregoing Stipulated. Final Judgment this . day of , 1995. DAVID TOLCES, ESQ. ,Attorneys for LWDD Assistant City Attorney 200 E; Broward Boulevard of the City of Delray ',Suite 2000 Beach, Florida Fort Lauderdale, FL 33301 Attorney for Defendant, . CITY OF DELRAY BEACH, FLORIDA Joseph ,Consolazio, Jr. , Esq. Fla. Bar No. City Attorney Fla. Bar No. I, , I ' n'L:32339:1 I . . . .. , RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A: . Attorneys for Plaintiff 200 E. Broward Boulevard. P.O. Box 1900 Fort Lauderdale, FL 33302 Thomas R. Bolf Fla. Bar No. 454419 - , . , I FTL,32JJ9,l I ' , . . . . . : This instrument prepared by: Barry E. Somerstein. Esquire . Ruden, Barnett, McClosky, Smilh, Schuster & Russell, P .A. Post Office Box 1900 Fort L.1uderdale, FL 33302 AFFIDAVIT STATE OF ) ) SS: COUNTY OF ) , BEFORE ME, the undersigned authority, personally appeared STANLEY G. TATE, who is personally known to me, and who, being by me first duly sworn, on oath, deposes and says: , 1. Stanley G. Tate, Trustee ("Tate "), is the fee simple owner of the property described on Exhibit A attached hereto and made a part hereof (the "Property If). 2. That within the pa5t ninety (90) days, there has been no labor perfonned or materials furnished on or about the Property for whichpayment(s) has/have not as yet been made; that without the past ninety (90) days, there have been n'o daims for labor or materials furnished for repairing or improving the same, which remain ,unpaid; and that there are no mechanics', materialmen I s or laborers I liens against the Próperty; 3. That Tat e is in sole, exclusive and actUal possession of the Property other than as set forth on Exhibit B. . 4. That at the time of execution of this Affidavit, there are no matters pending against Tate that could give rise to a lien that would attach to the Property between [last update of title] and the entering of the order of taking contemplated by the "Settlement Agreement" dated . ; 1995, betweèn Tate and the City of Delray Beach, Florida, Case Number 93-5198AI, Palm Beach County Circuit Court ("Lawsuit") and further Tate has not, and covenants not to execute any instrument which would adversely affect title to the Property after [last update of title] other than the Stipulation to be filed pursuant to the Settlement Agreement. 5 Tate's Tax I.D. Number is Tate is not a foreign corporation or partnership as defined in the Internal Revenue Code., Tate's permanent address is I i I I FTL:53189:1 \ t ~h ',6;+ .~ '\-0 AJJer..dum 4v Cv",+'l~+ . . I . . '. , . , This Affidavit is executed and delivered for the purposes of complying with the requirements of Internal Revenue Code Section 1445 and is sworn to under þenalties of perjury .' FURTHER AFFIANT SAYS NOT. STANLEY G. TATE, Trustee STATE OF FLORIDA ) . ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, bef6re me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by STANLEY G. TATE. He is personally known to me or who has prodl;lce,d as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. , - Notary Public . Typed, printed or stamped name of Notary Public My Commission Expires: , , , I I FTL:S3189:1 . , , ~he South Three Quarters (S-3/~) ~f th~ East Half (E-1/2) of the South~ast . Quarter (5E-1/4) of the Northwest Quarter (NW-l/4) of Section 18, Township 46 South, Range 43 East. Pðlm Beach County. Florida . " AND The South Three Quarters (S-3/4) of the West Half (W-l/2) of the South- west Quarter (SW-l/4) of the Northeast Quarter (H£-1/4) lying west of take Worth Drainage Dfstrict ~naLE-4.' LESS the North, 100.0 feet. of that part of the South half (S 1/2) ~f the Northwest Quarter (NW 1/4) or the Southwest Quarter (SW 1/4) of the flortheast Quarter (HE 1/4) of Section 18, Township 46 South, Range 43 East, lying West of the Westerly right of. way line of Davis Road, together with the Horth 100.0 feet of the South Three-Quarters (S 3/4) of the . East half (E 1/2) of the Southeast Quarter (SE ,1/4) of the Northwest Quarter (HW 1/4) of said Section 18, less the West 40.0 feet thereof, a11 lyIng in Delray Beach, Palm Beach Coun~y, Florida. , LESS the East 40 feet thereof conveyed' tóthe City of. Delray Beach, . Florida, for Pub1ic Highway purposes with rights .o( reverter, and Less the South 70 feet thereof previously conveyed to the lake ~orth DraInage DIstrict. . . . ALSO LESS: . The West 30.0 feet of the South three-quarten (5 3/4) of the Ea.st half' (E 1/2) of the Southeast quarter (SE 1/4) o~ the North...,est: qua.rter (UW 1/4) of Section lS, Township 46 Sout..'t, Range .t3 East, Delray Bea.ch, Palm.Beach Coúnty, Florida, less the South 70.0 feet I thereot. . . . . ALSO LESS ~ # The South. lOa feet ot. the North 200· feet of the South three- qua::ters' (5 3/4) of the F:ast halt (E 1/2) of the Sout:.r7'east qua!"~e: (S£ 1/<) of the Uorthwest oua::ter UHf 1/4) ot said Section la, less the ~est 30 feet. ther~of; toiJet..ier ,dth the South 100 ~eet of the tlo:-th 200 ~eet ot that !,art o.~ t.~e Socth three- quarters (5 J/~) ot the West half (H 1/2) of the south\.lest <;u~:-:er (Sr; 1/4) 0 f the Hor theas t cua rte r (Nf. 1/4 J of sa!d Sectión 1$. lying West of Lake Worth Drainage.Distr!ct's Canal ~-~. All of said properties being in Section i8~ Township 46 South, Range 43' . fast, Palm Beach County, Florida. .. .. . . , . . . ;. I ; I I È)(/,. A 4c A+:HJ4vrt . . , . " EXHIBIT B TO AFFIDAVIT [This schedule will be completed based on the permitted exceptions as provided for in the Contract which this, is attached as an Exhibi t . ] . . . - . . I i ' FTL: 32496: 1 i . . . ~ Relan 10: (endOH Klr·.ddmud ItalDpN uvelop«) SPE:C1AL RELEASE 'Name: .. , Addreu: , P.O. Box 1900 , Fort Lauderdale, Florida 33302 . This Instrument Prepared by: Address: Ruden, Barnett, McClosky, Smith, Schuster & Russen, P .A. 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SPACE ABOVE rnlS LINE FOR PRoa:ss~C DATA S1'ACEABoVE THIS UNI: fOR R.tCORD~C DATA Know AI/Men By T,llese Presel1ts: TharI/We,The City of Del ray Beach. Florida first party, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), or other valuable considerations, received trom or on behalf of Stanley G. Tate. Trustee second party, the receipt whereof is hereby acknowledged, (Wherever used herein the tcnns "first party" and "second party" shall include singular and plural, heirs, legal representatives, arid assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.)' Hereby remise, release, acquit, satisfy, and forever discharge the said second I?arty of and trom all, ard all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,. specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, clalrns and demands whatsoever, in law or in equity, which said fir~t p~ has, Qr which any personal represen~tive, successor, heir or assign of said first party, hereafter can, s~all or may have, against said second party, for, upon or by reason specifically of any matter, cause or thing , trom the beginning of the world to the day of these presents specifically as tò that Lawsuit styled Stanley G. Tate, Trustee v. The City ofDelray Beach Florida and The Lake Worth 'Drainage District, Case No. 93-5 198AI, Palm Beach County Circuit Court. . In Witness Whereof, ha~ hereunto set hand_ and seaI-t this _ _ day of ,A.D., 19_. . FTL,32332,l I i · I t'f~. 3 1<. "'¡J/~j~ io ~7r~tf " , ~ignedt scaled 'and delivered in presence of: ," \ .. , . (L. S.) ! . Witness Signature Signature Printed Name Prinied Name Witness Signature Post Office Address . . Printed Name . (L. S.) Witness Signature Sigriature . Printed Name Printed Name Witness Signature Post Office Address , - Printed Name . . , . STATE OF FLORIDA ) ) 55: COUNTY OF ) . - FTL.32332.1 f I ' . . . I . . . 1 I HEREBY CERTIFY that on this daý, before me, an officer duly authorized in the State aforesaid ~d in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by . who is personallý known to me or who has produced as identification. ...., , WITNESS my hand and official seal in the County-and State last aforesaid this _ day of_ ---' 199_. Notary Public Slate of Florida at Large Typed, printed or stamped name of Notary Public My Commission Expires: - , . , FTL,H332: 1 I . I I . . . . Rrlura to: (nelolc IClr·addrrucd Illmped unlopc) SPECIAL RELEASE ,. ..Name:' . Address: P.O. Box 1900 ' , Fort Lauderdale, Florida 33302 Tbls Instrument Prepared by: . Addre.u: Ruden, Barnett, McClosky, Smith, Schuster & Russell, P .A. . 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SPACE ABOV¡; THIS UN£ fOR PROCESStNC DATA SPACE ABOV¡;TU1S tINt: fOR RECORDINC DATA Know All Men By These Prese/lts: , . . Than, Stanley G. Tate. as Trustee first party, for and in consideration of the sum of Ten and 00/100 Dollars ($ 1 0.00), or other valuable considerations, received from or on behalf of The City of Delray Beach. Florida second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party~ and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individualš, and the successors and assigns of corporations, wherever the context so admits or requires.) Hereby remise, release, acquit, satisfy, and forever discharge the said second party of and &om all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckorungs, bonds, biJIs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages~ judgments, ex~utions, claims and demands whatsoever, in law or in equity, which said first paity has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason specifically of any matter, cause or thing, nom the beginning of the , world to the day of these presents, specifically related to that lawsuit, and the subject matter of that lawsuit, styled Stanley G. Tate, T[1lStee v. The City of Delray Beach. Florida and The Lake Worth Drainage District, Case No. 93-5198AI, Palm Beach County Circuit Court. In Wi/"ess Whereof, ha_ hereunto set hand _ and seal_, t1ús _ _ day of . A.D., 19_. , rn,.3:ZUOll I . . , , . . . - - . . ~igned, sealed and delivered in presence of: . ," " (L. S.) Witness Signature .. Sign~ture . Printed Name Printed Name Witness Signature Post Office Address . , Printed Name , (L. S.) Witness Signature Signature Printed Name Printed Name Witness Signature Post Office Address - Printed Name , . STATE OF FLORIDA ) ) SS: COUNTY OF ) nL.32320.1 t I I - . " J HEREBY CERTIFY that on this day, bcforé m'e. an officer duly authorized in the State aforesaid . .ind in the County aforesaid to lake acknowledgments, the foregoing instrument was acknowledged before me by . who is pcrson~lIy known to ~e or who has produced . as identification." WITNESS my hand and official seal in the COlinty!lnd Slate last aforesaid this _ day of _ --,199_. " Nota.ryPublic State of Florida at Large Typed;, printed or stamped name of Notary Public My Commission Expires: . . - . F'TL132320.1 I , . I I . . . . '" : .' '. ACCESS AGREEMENT THIS ACCESS AGREEMENT ("Access Agreement") is made this _ day of , 1995, by and between STANl:EYG.tATE, TRUSTEE ("Tate") and ("Licensee"). WHEREAS, Tate is the owner of that certain parcel of property located in the City of Delray Beach, Palm Beach County, Florida, more particularly described on Exhibit "A", attached hereto and incorporated herein ("Subject Property"); a.nd WHEREAS, in an attempt to settle the litigation in connection with the case styled Stanley G. Tate. Trustee v. The City of Delray Beach. et al.', Case No. 93-5198AI ("Lawsuit") Tate and the City of Delray Beach, a Florida municipal corporation ("City") have entered into a certain Settlement Agreement ("Settlement Agreement") which incl~des as an exhibit a Contract for Sale and Purchase ("Contract") both dated , 2995 for the settlement of the Lawsuit; ; and WHEREAS, pursuant to the Settlement Agreement and the Contract, during the "Term" (as h~re'inafter defined), Tate desires to allow Licensee to enter upon the Subject Property for the sole purpose of conducting such engineering, enviromriental, surveys or other similar inspections or investigations (collectively, "Inspections") sÚbjed t,o the terms and.conditions hereinafter set forth. . . NOW, THEREFORE, in consideration of·the foregoing, the sum of TÐl DOLLARS ($10) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows: 1. Recitations. The recitations set forth. above are true and correct and are incorporated herein by this reference. . , 2. Access. The term of this Agreement ("Term") shall be from the date hereof until the earlier to occur of: (i) the Closing under the' Contract; (Ii) any earlier termination of the Contract; or (i~i) any default by Licensee under this Access Agreement. During the Term, Licensee shall have access to the Subject Property, during reasonable times and upon reasonable notice to Tate for the sole purpose of conducting 'the Inspections. Licensee's access to the Subject Property and its conduct of the Inspections shall pe åt.thesote cost and expense of Licensee and at Licensee's sole risk and shall be performed in suc~ a manner so as not to interfere with· Tate I s ownership of the Subject Property, injury persons 'orpr~perty, or to violate any law or regulation of any governmental authority. Upon completion of the Inspections and prior to the end of the Term, Licensee shall restore the Subject Property to its former condition existing prior to any of such Inspections. Licensee shall not permit any liens: to be placed upon the Subject Property, Licensee shall immediately temove same by paYme~t.or bonding pursuant to the requirements of Florida law so that same is no longer a lien ·against the Subject Property. t t I I FTL:53199:1 S h:6' Y. h) Add c?~ dv'n-, rhJ Co,..... -I-ë.o. cd- -.>L' . \ -\- r . aA ~ . . 3. Indemnification. Licensee herebý indemnifies and holds Tate harmless from any and all loss, damage, judgments, cÚlÎms and threats of claims, including, but not limited to attorneys' fees and court costs through all trial and appellate levels, in connection with Licensee's, or its agents' access, to the Subject Property or any lnspections, including but not limited to, any injury to person or property, in connection with any liens or claims of lien against the Subject Property arising in any way out of the Inspections or Licensee's access upon the Subject Property. . The provisions of this Paragraph shall survivé the ex'piration or earlier termination of this Access Agreement. 4. Additional Covenants. Licensee hereby covenants and agrees that it shall provide Tate with montWy status reports of the progress of aIL' àctions which it takes in connection with the Property, including, but not limited to, any and all governmental approvals which it or its agents are attempting to obtain in conrtection wi~h the Subject Property. Additionally, the Licensee agrees to provide to Tate copies of any and .all documents which Licensee obtains in connection with the Subject Property, including, ·but not limited to, surveys, studies, environmental reports, soil reports, site plans, copies of applications for any governmental approvals and any other documentation obtained by or on behalf of Licensee in connection with the Subject Property. The provisions of this Paragraph shall survive any termination of this Agr~ement. 5. Termination. Upon expiration of the' Term, Licensee's rights hereunder shall terminate, Licensee shall have vacated the Subject Property and removed any and all machinery, equipment or other personal property belonging to Licensee or its designees and shall return to the Subject Property in all respects to its former condition. IN WITNESS WHEREOF,' the parties have executed this Agreement as of the day and year first set forth above. Witnesses: STANLEY G . TATE, Trustee LICENSEE: , ~a By: . Its: I I ¡ FTL:S3199:1 I . . . . . .. ,'. ,",.'." .....: ..' .....:.\ . ~ The South Three Quarters (5-3/4) or the East Half (E-1/2) of the Southeast : Quarter (SE-1/4) of the Northwest Quarter (HW-1/4) of Section 18. Township 46 South, Range 43 East, Palm Beach County, Florida . AHD ' . ' The South Three Quarters (S~3/4) of the West Half (W-l/2) of the South- west Quarter (5W-l/4)of the Hortheast Quarter (HE-l/4) lying west of lake Worth Driinage District Canal E-4. , ,', . LESS the Horth 100.0 feet of that part ofthè South half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southwest QUð'rtér (SW 1/4) of the " Northeast Quarter (HE 1/4) of Section 18jTownship 46 South, Range 43 East. lying West of the Westerly right of ~ay line of Davis Road. together with the North 100.0 feet of the South Three-Quarters ($ 3/4) of the . East half (E 1/2) of the Southeast Qua'rter (SE 1/4) of the ~orthwest Quarter (HW 1/4) of said Sectton 18, less ,th,e West 40.0 feet thereof, a11 lying in Delray Beach, Palm Beach Coun~y, florida. LESS the East 40 feet thereof conveyed to the City Qf Delray Beach, Florida. for Public Highway purposès with rights of reverter, and . Less the South 70 feet thereof previously conveyed to the lake Worth Drainage District. . . . ALSO LESS: . . The ~egt 30.0 feet of the South ,three-quarters (5 3/4) ot the East half (E 1/2) of the Southeast quarter (SE 1/<) of the Northwest quarter CUW 1/4) of Section 1S, Township 46 Sou~" Range 43 East, De1ray Beach, Palm .Beach County, Florida, less the SoLtth 10.0 feet thereot. . . . . . . ALSO LESS: . The South .100 feet of the Horth200 feet of the South three.. quarters' (S 3/4) of the f.ast half (E 1/2) of the Southeast quar~e= (SE 1/41 of the Uorthwest cua.:-ter (t1H 1/4)o! said Section 13, less the ',.Jest 30 feet. theréof; toget.'1er \oIith the South 100 ~eet of the tlo::-th 200 ~eet of that oart at the Socth threg.. quarters (5 3/~) o~ the West half,,(~ 1/2)' of the Southwest ~u~:~er (Sr; 1/4) of the Northeast cuarter un: 1/4) of 5a~d Section 1S, lying West of lake Worth O;airiage Dist~!ct's Canal ~-~. All of said properties being'in Sectio~ 18, :Township 46 South, Range 43' . East. Palm Beach County, F1orfda~ ' , . , () i ' i t~. A ~ 'A·cusS A,/~~~1111 .' , . . ~ ~'. "'. .' : '. . '. ~ ' ~ ., ..' . .'. :1':--, , ',¡ . _ _ 6 .. _ ., . _ It ( :2 .", <;I "' , . 'I 0 H 1 õ' : ~ ç':J e ',',...:'. ,.' () f ... .. r , . (-.'. , I S,,{,:cl vV' <-..) , . to .. ", .. . '. RESERVATION AGHEEMENT 'l'llIS l\ESEIl.Vl\l'ION l\GIŒEHEH'1' 10 TUado and '~}Utot'e,d .into thl" (L7- lay of . lJ?"Ø1. , 1993, by anù between 'l·lu·œr.I! SINAI OF l'J\I.J{ llUlCII COUN'l,yf INC.; (] Florida corporll tioI1 ( herelnllftet' referred to ;l, "1"1 . ;1..:.. ,"I" iü "'l'empl,o Sinal ¡" and the CITY OJ! VlJLIU\.Y JJEJ\ClI, LJ Inunlclp<Jl '1" ,', . II . 0",,1 . ". .," . , I . . ,., I è'Orpdratlòli oxlLItlllg uuder tlw 1<1W9 of tho Stlll:a of l'lorldll( hereLno.!ter referrod to Ilß "the city." , W I 'I' N E SSE '1' II J HlrEREl\S ( 'rompia 51n<1i h/1o pc t1 tlol1ect t1~o city for condl tlono.l . uoo with réapect to certain rOlll property ownod by...tbem locateù on . tho north It ido 0 f rle ß t l\tlan tic Ave nuq bè tween U. W. ~ 1l:h l\ver\Uo and , 1I1gh poiilt BoÙlevD.rd( beIng moro pörtIcuio.rly deocribod aol . . 'rho. pIa t of 'l'emplo Sln",l 0 f PalIn Beaçh County, ðcconllm¡ to tho Plat thereof recot'ded 1n plo.t Book 16; po,ge 53 of tho Public l1ocorda of PaJJn DOllCh County,., Florida, leGB and not Including the follow1ng de8ct'ibad po.rcell . . :f...' portion of. the P1ð.t of. Tomple Sinð.l of Palm Beach COllnty no recorded,.in P1o.t Dook 16, paga 53, being more partlculo.rly deocrlbed aß follow91 DegInn1ng o.t tho int.eraoctlbn of the South nigld:.-of-Hay 1ino ot'N.H. 2nd Street and the Eåot· line of tho above mentioned ,Plat; thence South· along. -saId Eo.at lino. a dintancG of 100.00 feet, thence S. 30 27' 30"W o.long the Eoo\: 11ne of caid Plat 11 diatonce of 110.36 fgetl thenco N12' 56' 30"W a distance of 09.30 feet; thence North a dlatanco of 66; 01 feet to an iIlte.roectioh with a cUrve to tho lè ft 1 . thonce Ella terlyo.nd Northetlô terly a die tanco 0 f 72.09 feet lÜong tho arc of naid cúrvo having a radiuIJ of 50.00. foet nnd a contral o.ng1e of 02' 3S' 44M to a polnt of revorno curve; thence l1ortheaoterly a clletl1nco of 2 9 . 7 7 fee t ; 0.1 on 9 tho 0. r c 0 f D 111 d c \1 rv e h II V i n gar a d i ll/J . of 21.00 feet nnd l1 contral angle of 71' 04' 31", to tho I· \ POINT OF BEGINNING, ðnd . , . .IlIlv\Ì\I\J.011\Vl.MI\\5-10-9J £¡ ß ' d~ f 'ro' , '. . ! . , ' . < . 1 . r f.J D. ~ :2-{;..i. ., - . , " . . ~ 'IO H lï':2U ø . 1 " ~.. . . ,.-'.. , . , ' . . . C'.: . .. . HllEHE.J\S, tho City hi1!1 granted the cQnditional U!J8 request for 'fon1pla s1nal, lJubject 1:0 '£emple Silw1 ontoring in\;o ll110 J\gJ.:"Qomont . . providing for l\ reoervlltion of a portiof1 of their lllnd for tho future ollIe to the City, for pUJ.:"poseo "of the City's concd:ruc U.on :.ond Inotal111tlon of a public otreot llnd nosociðted uti1itleß. . . I .. I . . ... ;~ NOW t " 'tllElì.EFOI1..E t in con91do1:11tlon of the mutual covenllntlJ {\nd . ;. iYí, promioorJ herein contained, the adequacy of which is hereby llcknow1odged¡ tho partion hereby l1gr8o /la, follows I . 1- 'l'emplo Sinai horeby grllnto to the city l\ continuing option to purclw.lJo, for the oxcluoJ.vQ purp~[Je of tho inn tal111 tÜin of a road right-or-way for tho price nnd upon the'ot''9·r.m!J Í1erelnaftor Dot fort.h in thi9 Agreement, that certainrel1l proporty owned by Tomple Sinai Dnd describod aOI , . l\. POItTIOH OF PLl\.T OF 'l'EHPLe 5 tH.J\I 0 [ I?a.lm 13each County au t:<3corded in Þ 16 t Dook 46,' Pllge .53, being more pörticulaily describod DD fol1owol· UCGINNutG 11t. tho SH corner 0 f n ð.Id . p1a. t thence 1'1 83 doçrooo¡. 59' 0" E ö diDtðnce of 30', thence N 6 deçreeu 01' OO~ W ð distanco of 163.37', thence N 0 degreeo 12' . 30" E a dlatance of 107.2', Thence W", diatanco of .96', thonco N D., cllntanco of G90.93',.thaI1c,e N 09 degroolJ 12' 30" W.a cliotDnce of 72;01', thence S a dllJtanco of 691.92' i thonce B a· cllotllnce of 42.96' r thence S O· doçroen¡ 12' 30" rt 11 dllJtance of 180.72",· thenco S 6 degreeå 01' 00" E (1 distance of 165;00' to the point:. of beginning. 2. 'rho purchau 0 prlce to be pù id by the ci ty to Templo Slndl \lpon tho oxercloo of tho city'rJ option IIhöll bo I1t fl111: ma,rket volue ð/3 mùtuoliy agreed by thø City llnd Tomple Sino.ir at: in tho event. the aaid partiel) cD,nnOi; agree, then aD determInod by an it.1... I I cortif led apprl1iaar mu tUlllly agroeable to the pl1rtloo 1 or 1 n í I l·lJ a. )C1\1\1I1.,.,1'f' ,""11\' -1 0- 93 -2- (, . " ,,! " ! I ~ . '. f.. ':. . ( ~.:,) , (..' II· . ..: . . , . . ~:.I" , . , . tho óvonl: tho partIoD cannot mutually agreo upon nn 'opprnlol3r . . w1tiü'n thirty (30) dllya from roceipt by 'ro/llplo Sinal of tho City'ß written exorciao of itß abovo-described option to purch.:lae, then . Doch party nhaii, within fifteen (15) dayo lhereo.fter dOßlgnate an :U;,;'.~Lj\.I. cerl:!rlod appraißer, ù.nd tho two DO deolgnlltad nppral/Jora ~i~~···~ . ¡';::j:::,·ohnli. thereupon öppolht. ù third M.l\. I. certified nppr<'11oer, which .'" . . orild apptaiDor ohôli muttiôlly determine, by a majority vote, tho . fnlr ffio.rkot vnluo of the subject property to be aold. 3 ; 'rhe city ma.y ot any time exercifJo it-a option to purchlloe aa ~ero!nabove dOßcrlbed by dolivering to Temple'Sinai a wr1tt¿n notico of ito elècU..on to exercloo ol1Id option td' þurchl1uo. 'remple , . sinn! horeby llgrOOß to convoyfroo nnd cloar title to tho city ancÍ tho ci ty agroeD to PllY t 11 (J purchase pr~~e llO de te)~m1ned by tho öppralßor .to Temple Sinai within thirty ( 30) dayå follow1ng thG , dolivery of written no~ice of the determ1.no.tiol1 of tho purchaoo prico by tho Daid öppraioor to tho City ðrid Temple Sinal. Tho purchllDe prlcG zjhal1 bo tendered llt cloaln(J~ '1'ho Dubject property iu to bo Bold 1n ita tllen "ÖU 19~ condlti6n. The conveyanco to the . city I:Ihali bo by Special Wllrrùnty Deed and ohðil be subject to the fOliowlng m.:ltterß! (SG~ Exhlbl t "lV' at I:o.ched here to) Tho City': ahall pay all appraiaai feoa, recording fOOD and öppiicò.hlo documentl11:'y atamp tux, if allY· 'rho proporty 10 currently encb,mberecl by a mortg<1go hold bi Bllrnett Bonk ot. Polm Dench County. Thlß Agreement 10 ßubJéct to the jQlndor ðnd conoont of Darnett Dunk, agreoing to' grant a po.rtial reiellae of the Dubjoct . AlMl\runt.nva';\On\5-10-9J -3- ; HI! , \ "7 :~ ~. ~ . :2.:i _'.;ï 4:;. j·iOH 1 ì : :....:. -I u . ,,'- t .. . t· o' . . . . ....., . . ~. . . . . . : . I ., , ' . 0 r 19h t-o f-\,I/J.Y from tho mortgago, £JuòJcct: to thQ proceedl1 of ouch " purchlllJo i\nd . lI/J.lo being ðpplio~ to tho outstanding b01.'111CO of ." . ' ; principal lll1<l lntereut on Oüid mortgage Üp to. tho full ðmouJd: thon . owòJ: ~~ ;:t' .~\!~~Ü, 4..) In addition to tho purcha!Je prico paid aB horeinabovo 1;¡;{.I1jbdcribbJt tilo City agreos to provide 1Jucl1 modificationo, ðt tho o"T;":i"" ,., .," -/ . '.. I' ." ". .. !"'··61£ý,'ri oxponoe¡ to Temple Sinai' ß oxlut1.ng parking lot ond tr.affic flow to provide d new meanß or modlficQ~ión of exioting meano of 1ngro£lo and ogr8[ 8 from 'l'eJnplo Sinlli' (J Gito O.nto tho GuòJoct road r ighi:-:of -'....ay baing conetructod by thê City; lJuch location and lmprovomonlá to be mutually agreed upon by tho ~~'rtie[J. Furthor, l1l1Y parking 01 imina tod [rom 'ramp 1 e S 1.na1 ' EJ the n e >tis ling parJeiJ\<) 110 11 roouit: of aùc!l new mei),na of Jngr,e,n 9 ilnd ogre(]ß or tho - modlficat.Ï.on of tho exloting ingrolJlJ und cg1:0( (J oho11 bo roplaced by ti10 city on Templo Sinal' (I pI.'oporty .ðt ouch location dotermined by T~mplo sinal. In tho event the pð.r.tiotJ cannot agreo on ouch iOcld:ion ilnd iInprovemen to, the partiQß uhall Duhmlt tho ml1ttor to l1rbi tra tlon bQ foro t1 mu tuv.lly (lgroød Üponthir.d party, or in tho event the pa..d:,loo cannot agree upon ouch.lhird.party, then each . party nhail tippoln t a third po.rty for such arbi tr'o tion, and tho two IJO oppoinlod peroono oha11 appoint 0 poraon for tho arbitration . Furthor, the Ci ty o.greo 0' to cona t~uc t a five-foot high chainlink ; fo neo, . togo~hor .w i th landocllpod hodge Inð t.orlal ~ ~l thin th() iJubj oc t: pJ:'operty beIng conveyed to tho City along the entiro 06a torn border thoreó f abu t 1:.1ng Temple Sinal' IJ proper ty;. in conformance wi th CJ. ty coded and ~og"iationß. 'l'he City 011011 le"ave the exinting tree linQ ~ I: tli iI~^l\n.nt^~.~~n\;~io-v) -1- , .. . '¡' . " .1 . , . - :2 :? - s~ .¡. ,., U 1-1 .1. ¡. : :,..: ~ \:) . , . '. I' -, , 'f t, l. ',', .' . ( .' (' . I . or conotruct å buffer mùtulllly acceptable' to the 1'emplo I1nd IIlgh Point condominium l\.9!!ociðtlon Soction 1 ð.long the went Dido of tho ~ r 1911 \:-0 f -WilY t, 5. UIHDIHO EFFECT. 'l'h111 l\.grearnent ahall Lo binding upon and ::,¡.: 111uro to the bene [i t 0 f' the par tieu, their iH:dro, repieGenlativoo, .... to . .... :'. '\( ¡. ·Ii':.:, DUCCelJOoru and aUßlgne. I' .', . , , G . LJÜt GOVEJUtnJCJ 1\ CHtE E.HE 1I or , . '1'1\i ß .Agreement oha11 be governed by, ilnd cona trued 'in llccordancê wi.th tho lawn of tho Sta to of P'lorldð; 7 . Í\TTOIUUnlJ ' l'"I!:}.;a NW COOTlJ. In connoction with ai1Y liligatL0f!- ö.rlalng out of th11J l\gr.eoffioT1t or thd covonanttJ anç1 wairllntloo contained herein, tho pr8vllilingparty ahal1 bo entitlod to rocover iln reaoonable attornoyo; foö,a, and coo to. , u. BRVEItJ\.BILITY. It in mutually understood that tho llcjroornontlJ llnd covonc1nta containod l1e1:oin I1ro oevorl1blo and in th'o ovan t any of them a hali be ho Id to bo lnval id, thið Agreement ahl\ll bo interp:roted aD if ouch invalid llgreomento or covenantlJ woro not . contained hereIn. IN WITNESS WIŒTlEOP, tho pllr.t1eß hereto havo oxecuted lhiß HOßorvation 1\groemont tho dl1Y and year firut libovo writton. " 'l'¡U1PLR S I NJ\.I OF PALM DRAC} t COU1Æ ~ ' 11 t 1:001: I ~~~ ,ð;::'~~:- ~1,11Æ ~~:::WevJ-tj(¡;i <\ . .. S~crotl1ry tf preø.tdent I I : , , t .J~h(\~.~.nvt.^on\!-io-9} -5- i: l:t , I , , .11 ~ . . ; . -- -. -. ~ - ~ -, . ...... . , (~: . f: t ~¡ 't. ,t. I , . . II·· .' ~ . '~," ·t.,... . , , .. ern OF ~y OE^CII , ^~tOßtl~~jÚ~1ì&~ ',' ~~ Dy' -. -'- r' Ci y Clerk . J\pprovod a9 to fa 1:"111 1 Hl1Yo "'~1 ~:.~. ~ G :::. - . 6~~(~ City Attorney JOIltDlln 1\HD COHG eUT Dårnett Dank of Palm Beach County hereby joino in and conoentn to 'l'cmple Slna1'CJ entering Into t1110 HeDOrV{ltion Agreement and, \IRon oxorclnå of the option of th8 City, of Delroy 1300ch to þurchllCJo t 10 oubject. rood right-of-wo.y, Durnett Bank of Palm Deach Couuty will executa and deliver a po.rtil:~l reloaDo of tho Dubject property from tho encümbrllnco of that cartltln Hortqago hold by it ltc¡alnot tho DubJec~ property recorded 1n Official nocord Book -':1~J..-, Page \ l-ìq of tho Public Ilecordl1 of Palm Beach County, F orlda. Ul\.mŒTT. . Dl\.,NK Of P 1\l.M BEACH COUNTY Dyi ~A~~~. . ') ,6.~~ DýtuJ..>~ \J \ u- ç V"{..<:I. I tlLJ-· . . . : . . . hI! , ., .~ ~ . 11X~¡\~."tnvl,~cn\S-10-t) -6- , ., I . fF~; .".". '. . . . . "'rUV"r"'Ô,,lt . ø ",'1"'." . .;1: . ." , -" . . . ...' , -:"'...'."....111·..." ., . . 110. olf "Uti 'SI} ta 'l! M~nlO ..,...."..~,........,Q .(h ll~..(17~·,' . Lø·~··~·7~? I . ~ (,... . . . >.i~:) t I ( ~S }J' -e- b ~~~~::,"y . : .U,;~1.CI;·,Ò. . . . ',' Locallu" . . .. ~ / - ( l.o '-~ 'r.I.rl.o~,' r.. )~í~;II~'" ,.. -.... .', " " :'> V. . . . f" -,. '. . 0 C .11'., rlc~up Otlo'"nl 000JII01 Onol\l," ~ DI'po!'llio": . .. . I , , 1 " ". ! I :r; .. . . . . . .. ! .1, . .....:___ ~L!. .. .. _. ..- - .... ., ': - .. .j:' .. \ .1 . .~.¡. ~~. ".:.,' l'¡'~~I' .¡:,I!!\.. !ïJ ,"; ',' . . \~"I;ì:'; IIlcl ~·....rõiiiTDitjÿ[... ..:;Iìi ;¡';.:, ;!: , . ' '( I,.. I ... I f, ';' I :: ,\. ......, ì. .. I ,~:.: t'; t~\ hljli- i rH') r:l~'II:f~',li .' t\\ ~ :[.1:1::.\ .-,' '. . .' ~ . \ ~ . . t· , "1' ,.., ... 'J ,. , . '·l(·;~>"·ï"·r"·"lh,i:. ,',.:..:/, ~,,,.¡.., :<,' !.,~ 'f I'L~.t i"',t~··,I..·:.,"~ '. r·,' !:J ',' f:.::·'····.. '. .' I:: ",..... ' M . 1\ (; 1 olm DiíiŸ[ ~ . ,,<v . ~ ,,"1- <}:- 1 ().q Q.,~- ... ' , ß l¡¡li r..Q¡ïif :;:; n.G.\'/', r."5r.1¡WT DI,YD -~ ~ ~ . 1- 1.1 ~ ~ º f x "AIV J. 11: \1' ÌJTlLlh i:ÅStlHtlT · . . . . .. . · . . . .. .. . . > . . . · .. .. . . . . " . . . . .. . .. '" (, Y- . <ó <v \... ~. . ~ (,\~~~~~ I ~\.c-~~\.'.: aV W ------- "" i(CI 0 . r::P . \ I' li;XHlBtT_ ~ I] I. t! N (, ., "-I A \ -~. -l - , . ·1 .q; z: ;<ç 1 . . . . . :... . , . .' . . . Letter from Zoning Director - To be supplied Exhibit C , . . . , , t . . , . . . ": - . . , . . , . Letter from Uti.lity Dir.ector - to be sup lied Exhibit ) . . . . , . . .LO/l.%/IH 10 I O~ ,j 1\.\ 'Iv ...,0 ... "" . .. . . . \ . '~ . '., I ." . ftÚUI't-¡;~ ~:" '.. .. . l/\KE WÒI~Ì"l-I DIlAJNAC!! DISmlCT ~(º)r5)'\:'v7 1:JOU1 MIIII"ry Tro.¡1 ~ u--- u ~ L')«llr~\' D,,"<:h, f-l :13404 rnc:r^I~ED nv, MAtti.; ^. rHt~Y, r:!:q. ~O ~r: rnu,lI, Av""u,, tJclr^y Oe1l0l1, FI.. 33-1&3 OUIT~cL^(M D¡;J;R Doc. 1-10.__4.9.27 ' ¡ nlls QVrr-Cl.AIM DEüD, QXl!ctllud Ihls .,.z.zf:L dllY IJ( Jvl., . ,199-1 by l.AKE worrfl-I Or.AIH^GI: I OISTIUCT, :\ Spaclnl Tnxlng DI,trlc:t, 1!)(I~tlnß under thg l;¡w, o( IIHI 5tnttl'of florltl;a, (ll1d hnvI118 lis prllldl,;d pl \<:o o( hullr'\CH fit 1 JQij1 µll1t9.ryTr~II, D"¡',,,y lh..eh, r-Ioriej" 33Al1<\,rlrjt r"rry; rn. CITY .Or- DE.L~^Y OEACH, Wh090 m:t11l116 uddrrlSj I, 100 t-IW nrat Avonu", OolrQY U"Qel., rlorlda 33.-144. Sof'cond P",ly: I (WN~I'V.' vu'''Ó' ","Ift 1'_ '.un "nil' ,..1," ..,.., ·J.n...... r-....... 1..cMJ. ........1., ."",", _I",,..'. Ju,,., h,uf "f",.,."I.'~". ."'41 .,.1...... ...1 ¡""'lhJo"..I.. _...t Ih. ."<r.uo,", II"" ."b.n, ..I <",,..,..11-. -"-"-.., tll. It_I'''.' ", <hilt"" ft' re.,vh..,,) I WITNr:S5IITH, Thill Ihe ,,,id rlrJl P:'lCIY, for :lnd In co"sldur"tlon o( thv IIJIn or TC!11 ($10.001 tJ{)IIDr~ III hllnd p~\d by I Ih., ...Ir.! SlJcr,:",d "JOlly, Ih'! re'.:'!lpl ""h~ro!o( IJ h.,.."by 3cknowled{¡"d, dous horoby remlJlo. r..IIIM" Alld qull.c!...Io" un\o Ihe ,..1.1 I Sr:<:ond rarty (oraver, :III Iho rfght, tillo, IntereJt, cl:ilm :Uld domand which tho anld first r:Hty hn, In om! 10 the (ollowlng I dCJcrluod 101, pl'!c. or p.arc:al of "nd, ~ltunln, lylnlJ ;mcl b~ITlg: In tll", .County o( ralrn Betlch. 51,,1\: o( r-Iorld". la-wit, I HI! I!XIIIOIT "A" ^'ITAClltO III!Rr:TO AND MAD" rAIn' H¡;nr:OF GltANTon rn'I!''VtI' ~'nto l1o<:d( Q r>'HpoILJ~d dr~lnaFJIJ <I"$..ment, \inencul11bp.red, ~xc:<!!pl (or tho exl~tr"!J Cls""..I! IOlld, 10R.lI,.,r ......Itl. thoa riB"! oC re",soll:lbl~ II1/1r,,$5 ;\nd ..gr'Hs ther;,to, for purposes oC cnn:lI mnlntononc:o nntl r"I:ol..<I pUIF'0 ~', Illduóln~ but not IIrnltud t(1, the o><c:l,v:ltlon, rt!mov,,1 01 v~ltot:\lIon, Irrl t;Hlon, conol, dr:1ln:1~u dløtrlct, r.lulcn VVl\Y' ,p.,il d~ro~lt. wnlr.r control struc;lunu, berm :¡r,d :\rl!''' (or m"inll'!nllllC:O IInd de,.,o~lt, utllltIQ." ""d othnr rnlr¡tnd pur"o~"~, Oil, oVl!r, \Jþon, ulldl1r, IIlId nerotg tl>:11 propgrty d....crll:J..d In Exhibl! "A" ~tl:lc ,cd ¡',erato ~Ilcl mado pllrt hnrnol. TO l·fA VI: õ\rlJ to IIOLD Iho !¡HT1~ IOß~lhcr wilhlllJ ::1nd Ilngular tha :\ppurlon:\nt:e~ Ihorouf110 bolof1slns or :lnywIJ~ nppC!rlnlnlns, and :lIIIIH o~I;¡IQ, rlahl, 111141, IntN~~t, IIcI1, equity ftn.d claIm whnl,oovCH o( thø ,nld r-Ir~l POlly, nllh~r In I:\w or oqulty, to th~ only prOl'9r UÇ9, ban~fIl :and "~hn(1( o( tho s;¡ d Socond rorty (orQvI!r, . . IN WITNE~:I WllEItEOf the ~lIld nr~t rnlly haSC:MJ~¡:,d th<nQ prt'lDl'lnl3 10 bq nl<ncutcd 111 It. nnlne, alld Its .:orpor"te . uol 10 ba hereunto ø.rrlxod by ¡It proper orflc9r~ thereunto duly nulhorlzod. the d:!.y and yonr II!st :1bovn wril!O.l. ^TTF.~TI LAKE WQIHH DRAII-IACE Ol5ìrll(:"1" ~~ ~ ~¿ ^ 5f,<,<:I:t1 TAXlllg DI~trlct ___ r ~G~-Wi~ OY: __.I:._~~~_d~L: ! C. 5\1mll1Y, ,?,bnvnr, F'r",ldQIII ' 5IRIICd, S¢alcd a"d Dl)lIvt:rad 13001 MilItary Trnll : In 111" rr...."cR 0(:" D~lrl\Y l'IQ:1ch, rL J3'IO" .'.. .'...', . ,. G2 ~~ .,·:t . ,j!'" :.. .¿ _ A 7-_ _ -L vr /'-\' .':....~:. :........ -;>" . ""- r¡,¡:.,d'" ., ~./~ ..> . l' <. ~ltl~U SIenntur9 ' ~~. ..,., ~; \ r;, ' ..., . , ,·,d..1d....~_S~11~.Li../.u..7' . I., ....\: G \ ~! ')ì .! " ': ',' Prlntod r-:rlT1a or W~lmQU I It"l ',) ~'Î I " ,.c.GUL. t,s) l. /':"",1\ ..;~ \.1 ~ ". ':_:' ..: !::." Wltn~JSI !,,1r-nntUr/! ,....1.. ". r . \ .' " L .' . ./ " ' ". ~étl, ---1.A."\ C'ð V) tll'l I \.1_ . '~".:-... :,~ :.~.~...<..~....,., 'rlnt. ([ NamQ or WHoa.. I, .~. II/J' 1:. \' '.' I, I, " -. .. I'· .. - - ._,' .-. .. .. -. STA e ur r-I.ORIDA , COVNIYOr-rALMDEI\CI-' : . I HEREBY CERTIFY 111:\( on Ihl! doy, borore mo. If' offl.c:er dilly I\llIhnrb:nd III Iho SlotOJ :lfId Coullty :tlor~'nld to IlIke ncl<nowladumont., por"on:dly :tppe"red C. STANLEY WE^VER and WILLIAM C. WINTeRS, thel PreJld'ðllt ~nd Secrel:lry, rosp~ctlvl!ly or Ih." LA/<E WO~TH DRAINAGE DIST~IC", known to m8, Rnd who did 1101 I:\ke :HI o:\tl1. -r- I. WITNe'3 my "and alld oCOclal ~cal In Iho County and 5t""t.. loUt I\I~,"",~-"Id !hl. Iho .:::1:.:1.. doy o( _-...LI.d.....L'I ' 1 \1 <;).-1. J fA) I A-a AL_ "~ ~~ç~'--~ - _Cå~t:L . W rrl 1-\ ~LL __ . . Prll'Ùed r-bmn ()( Holl.lry State or FloridA I -·-lwrt~1'7\í.PCJ'I'iG'i7"t~- '. . My r'on"",iuioll r:\lplro,,: CAROl. W CONNOI.L.'( ~ rh>r^I\Y rvOLIC !JTI\"J H 01' FI.O>lIO, COMM1.99/0N NO. CC1~'J17 ..v.."""........... t ~OMr-UcaIQN Il><~ I.N-J. ',1997 ;::Od 1·1l;'Ç)S :øt t-66t £t'1=>0 £66tSØ ~6~~r~ø3~10~-'~, £ r,:.uoa 11 :'~U'l?"" : "rO.....:I , . , \".11. . . '. . '- . ...~ , ,I ' ~ ,'1.' i.if/v : ¡If ~ (...' ~ ¢7- ·tJp (/oø tJ y __ pfÝ/ I ' ¡r) d v' : f') ~.J¡ ,}' ..., < 1\_ . jÝ V. __---<.--) ;/9]1 j ~ ",d 'r.,' ''''-.1 /t/!/t .':J "~. . '" ........ 0)1 . \ I V . ~ (/ , .' ..., ..- ~ I n1 ~ ~~ ..J ,)fI ~ / _____----1. - -_~~~ ø, ":-.. I ~ " . ...---:-:-.... "'" ~ ' 1 "" ~ .-:---_ .--..:.... v¡ \~ '~ ¿r) _\ (.. -...:; "-...... 1t:1 ~ ~ ~ ~!~ ~ ,. . ~ '& -..\.n -" .... ....\1 ,,- ~::::t J. '\ ¡;, ~. , . ~h ~ . ~ ~ rT1:~ '- (\J ~ ~j') __. _ "~ !-. OÞD ~ ~ "(, (,( ~ Y-l Þ ~ A<> ~ ~ \i¡ .. _.._~ ~ ~ ~~ ~ - ¡ 8 ~ <:I!';g r" ~ 1 ~ ~ 1\1\ ~ l ~ .,.,. ':>.} ~ . t-; \ '- I..., I -..... :1JIO:"" ~_. .. ..- .--. -..... ,.. .... - '- '--.::"._.'. - .._~ ~ ~... I U1 -u r:;; ~ ~ ~ .._ . . / ~.;:; \\ ~ '\ , ~ ç: ~ ~~ ~ '" ~ ~ _ '_ . \1~ ^{ \:\ .~ I ;;c'. ''', ~ t-.... . ~ ---'-"-' '" I;; ~ , 'U ~ ....,.J... i" '- t¡ ~ I r-.." ·t. f'l~ '\. 3 ..~ ~ ~ . ) ..' t\ _ r~ \ I ,~\ 1 . ~ .. ~ l)\ . -'-- ~ ~\ ì>- - , )~. ~.. ~.. . ~ '\) I "_ '3' ~h'-'~ ~~'\ j ':ì) .~.... -'-- -.... .._ '- I , \t:¡ ~ "',~ '''1,\ I ~ ~ I " ~I _'" , J~,~, .,~ , ~. . ~~~ ~ ~ ~ ~ ~ .(\' ~. ~ ~ ~ ~ ~ ('" 1').\ ~ ~ ~ ~ I '\' " '- ~ ';!\ ~ ...... '"'" ~ _. " pl,../1'7 ~ ~ ~ "" '. ." . . h-;~ II /p //",';1' ~ ~ ~ ~ f) j L_j:._.....Ll ~./.rr,'Y_..__ ~ t'- .... ,......--- ... t~ , ---' ~ ~ ~ ~ ~ 'I . ,~ 'r;'/I ~(7/ ";,,;Z /1'(7,:)/7 \)- ~ lì ~ I ....IÞ'7¿;7· ,..:II?? 2/_:?/YÞ'fJ'} '..:;/Ý ;'] '- ",- '" 1', ~ / .... ", ¡ o ~ ~ \ . f'1, Ä.. .. t'o :It ~. " \.,...... ,I ~....' , 'I' Iii 'Co s:. ~ I:. "- ~ ~ ~ ~ ~ ,~/ ---_..- ~ ~~'" '\\ ~ I ~ ~ ~ '" ~. / .. ~ .~..., ~ " ~ ~ ~ '" . ~ 'I ~ i ;- ~ ~ ~ '^ ~l .¡ ~~ _H____H_H.. ...--..-- ~ f ~ I' ,~" I ~ \' ~ \) ~ 'f\ f\. ~ "\ i\. .~" ,.~ ! ~ ' '} / ~", . \ ~ I : " . " .t!\ \\ I \ ~ ~ ~ I .P/y/ /V /r'/.~~l? ----~-\-... .. " ./ t:? ß /)'/' G7c?" '\ I \ . , ' '\ " 'ð "-I I ....7", ø 5, yÝ .P .. 6 ;l ç ~, .... /J'l'",.ø.9 ,.;;).:P ... 6' ø .YV. _; ~5 £7' . .//.5- ,/-'¡Ø- ~. ,?1./{JI1 /,... ]fi~7 /O.4t:'~ " ,. ~ "v" .T,;tT1.XHXa "\. ý'p/ '$P,.:ý "'p;t 7¡7P.(? ../";'~ ~ t" f/..///Y./.? ~Þ~4;1" , ~~ '/ /./,? cf' '// .//7 ~ . '_..yip j'.;'JrtY",.;J ',;7 ',~ " . .- )~ ~ / '67ð f5 ¿, "Y¡?f?(7' J.,v/~ ~ }/ '/,//>'/'7 /ì" f/ ¿7/? ß DOO/ 'OO~ :1.:10 Ã.LT.V Á.I.:;¡ ~3a IHILt tiLl: LOt XV..! IIO!OT "lI/lT/OI . . '., . . . .1 ~r.JIV 0·1 ~ ið I OG ..AX ,lOT :171} -i7~ð Ill,l... \.,.. ....... ...... . . '.:-' . ~f I "." '. - . . . ," . 0' B R I E t--t I 'SUITER & O'ßRIÈt--.I, INC. L(I"d $v/,voyo"s .. . .. ... '~ITI II. 'n'.~^\ I/lQfJW^Y IH\"^'I 1I6'~OQI t·I"\"^Y nlt^r.;t. ItI"tlD^ ~~..,,=, ~OY lIOII 7H,",. r;.xl1:I:n:I:~ .. ^'f JUI_Y .¿ 7 I ., 99-1 I .. . I DE!:90n I rT I O~I r , .. THAT f'AnT Or- St:.CT I O~~ 1 n I TOŸIH9H I '" '~ 6 ~oU1'11 , nMIGiy; ~~ r: AS 'i' , P^Lt-1 I ÐE.AOII OOUNTY, r:Lonl\)A. 0~90R'UIi:D A5 FOLLOWS, I COr-1M~tWe: AT TIlE. SOUTHEAST couNe:.n OF LOT 1, ßLOOI~ 1 , ~ U 0 ^ ~I UNIT I . ^, M; nEOOI10£!O IN ~LAT DOOI< 20, P M\I! 144 or- THE PUgl. I a rttCorws OF PALM DEACH COUflITY, r:LonIDAI THENCE S.99 )4..f'ðS"E. , ALO~IGJ TIlE EASTEnLY EXTENSION ot' TilE SOUTH LINE or- SAID LOT 1, 41.5? /' E E ,. TO TIIIZ POINT OF OE.GINHINQ¡ Tl-ltNOt! $.11oßG'04'YI., 1400.0G rT!.ET TO ; THE NonTHEÁST QOnNe;t:t or- THE F"LA1' Or- nEPlAT or- PAn't, al1r;:I=:ZY n, O(1[! !!:STA1'F-S, AS RECORDED I N pLAT 1300/< 2~, PAGE 1 1 G or- THe ÞUßL I C nECOT!D~'OF f'ALH ßEACH COUNTY, r-LORIO^ (GAIl) NOnTHeMiIT Oonn!!n [) E I H<] 20,00 I"E!!-r ~(olt HI 0'" rilE: tW rn" LIHEOF L01' 10, IlI!~LAT aT" ~ A It"t anEéZY n I b<Hi E9'rATf!S MID 1/S.00 f:EET EAST ot" Tilt!. t!AST L I ~Il! 01' LOT 11, nE~LAT or- I"'AnT, BneEZY I1IDGl! ESTATt!5) , TI·I!! I~cl'! S . 00 2 0 · it 1 '.' \'(. , ^ L 0 ~I Q TI'Iß F-AST.LtNI! or- 5AID f"LAT M4D ^LOt~G HII! I::AST L I ~II! or. "tHI;: 15 roo, ALLey AS 5Howr'~ OH SAID PLAT OF nel~LA1' OF I"'AnT, arHiEZY R I O~E'.. E.~n·ATE~, G08.40 r1!ET THENCE S _ 0° 59 . 19 "J! . , ALoNG T)./I! t!1\5T LINE 0,... sAID PL^T ANt) ALoNG THF. EAST LItH! Or' ~^ID ALL!!", 1Ð9_~8 """'ET TO THE NonTH n I GI-I'f OfT WAY LItH!. or- gT^T~ nOAO 006 A:J ~Howr'l IN nOAD PLAT 13 001< 3 , PM,H:: 213 0"'- THe: f'VOL.lö nl!OOnDS or PALI1 IJEACII OOUNTY, FLORIDAI 'J'HENOt! N . 1 10 ::I ì . ~ 1 "E. , ^LO~IG SAI\) HOI\1'H "I GilT oj. WAY LfHE, 25. 1 H n:I!T TO· 1\ LINt! 24.00 F"t!I!T EAST 017 MID "AnALL~L VlITI-1 TI·IE SAID EAST LI NE 01' TI'IE . t' LA T tlEPlhT 0" PAIl T . nn!!E'.ZY n I bCH! E$TATe.~j TH~NcE 1-1 . 0 u 5 9 I 1 9 ".w. , ALONa SAID F'AnALL~L. LIN~, 190.08 I='I!ET: THEN06 N.U"7.t1'..t1"E. , ALöHQ ^ LINF 2,{.OO rE:t::T EA9T or< ANO PMtALLEL 'filTH nIt! !SAID I:::AGI- L I ~IS 01'" T/IF "'LA' ' OJ" nli:l"'LAT orr P ^', T , ßnr::E2Y nlDGE E:STATES, 685.68 FEET; THIHfCe: tI . '1 1 II tj n ' 04 " I!. , 1404,31 I"'EI::T TO TH~ II'ITl!lWEcT I 01-1 WI 1'1·' Tllë rtASTERLY crXTEHslott OF ¡HI::: SOU'T!-I LINt:! or SAIIJ LOT I, ß LOU I{ 1 I ~UDAH UJ.lIT AI THEHét!. (,I . a 9 0 ~ 4 . ~ 8 . 'If . , ALO''''G S^ID ;:XTt::"I~ I ON I ? ~ , 5 1 r-¡;:t!T TO THe: SAID pol I-IT or- f.iEt1It-HIIHG. .. SHEET' 2 2 , or- onDEn NO. 92-<'~6 ; .. -". . .. _._0 - .. .. . . ... ... .¡..". ... .-.--. .. - .. ..... ........- -- / .- ..... .'- .. . . . . " , i I , Od 1· \:Ir:)ç :ot \'661 >-1 "1:10 C6GtÇØ : . <:',,, 3~ 101 Id r,:>,-,.:>O iJ ::':)1.11:1/,,\ : wr).J.:! C-r.:t::TC:I'1 - " , CON THAC I I'OH SAIl ANI> 1'\lIH IIASI ....,. fLonlDA A~gOO'A"'ION or nr.::.AL."on~ .ð.UD THL , LonlDn. IJAn '';':',. .....".., Temple sinai of Palm ~aoh County. :Inc'.' Q F1.ori.d.!> corpo",,,.t,'on , ,-_',. 01 . ,...._ o.d CJ.tv of Delrav Deach. a Flor¥ìa rnunici.pV rDllll1 ~~f Y.'.. _ .~.. t ... uy.r.,." D ". rop '0''''' _", OO,.dlUon., ..Noh fPtC::'-VDI! the "and.,lII. for a.-.I I!o,.,. Tran..,etr.,.. f- l. _eC"'P'T'ON C.-)b..'4_"'fon""..'P~'-,,'.cII.. Þ~1m 'Rø.=r.....'1.... CnurI''',norlda: ......__ ~- See ~h.;1-...;t "A" I'Ii-f-__hi-<-1 h...,......f-rJ 1!IL!'1Ir1.'n'Ulllrl_ .... 1,.,..,-1' I-._..-_.f' __........_ ....) BhODl add''''', oltt. all'. fA'~ ,.,.,..ny _.: n. .~. le) p.,aefta\'Y~ _'.'_ _." . _..___ II, .ultCHan...,""·':'.-.--:-:...",.......,.,.....,......",.....".,.,...,.",...,..."....... 105.000.00 Þ'A't'MI;N': .. (a) o.po.h(.) 10 ba ....Id In ...rOW by Brackett:.. ~1t-.. @it:. al .... "'. amoun1 of. . : . _.. ¡.;;. J 'll\(\ 11'1 (Lo)A.ClonIØlI.I.......,d._I'wt'hln_".,.~.".,.fI_ll_ð...I"th.__..."'of....................... . -'- C.J aubJ-of to AND ..."mf'I'''' ef ...Nt.... 1ft ....." .'.I\dlnp 1ft t_,. &r ~_" ........,.... ...'11.......'. ",...... """.1,.. "'.......f. .. __.._. _._. (d) "'urotl... mo.,., "'fIft...... ....d ~ .....'h'" ~."v*, In'....' .1 ... (~.. UfI"",rfll,") I.. .....y"'.. ........... . t-) NI..,;. .... ...-. ...--.-. ff. Dalance to cto.. ,U.8. c.-h, L.( Ç"LLT Þ'-AWpiJ: eertln.d 0' e..h....·. cl""*). .ulJf.ut Iv -"'''''m'''h'. aMI þn:wallona '. . . . . . . . . . . . . . . ., 100.000.00 III. TI,.. J"on AeeEPTANC" .PFaC~vw. DAn~ ""CW'M'Lat " m,& OIUI. .. nDOl ..Kui"a Dr am' d.-I".,... Iv *" pel1I.. 0,", tÀOT or CJC.couTf6..- _,"",u"I..'o~ .... _Ii b....." the P"rll.. on or boløre tf) ~ I 1, , q CJ s:- ttla d.þOIII1(.~ Win. ., lJu",'·. ~Ion. De ,.,,,,,,,ed .. Buye' ."" tn" ..,., wh"",...... A 'M:.lmn. ......, .1 ' Con""" to' S.I. and Purch... (-COñt'act', ana .ft)' a'analv," Mr8Of'I ""all" oanela.,.1I '0' .n purpue.e .. ,"lylII8'.. Tit. _.,. .1 OO"u.cot (.~.. wtll I.. the ...... ...! Ih. 1..1 01'\. or I". Ou,., ."d B.II", ha. .tOned ".. elGned Ihl. oft.,. I'll. rlMAHOINOI rJ J f\. ", C.) II I'" JtUfch._ ,~ 0' ."V ,.rt DI " I. tD ~ ,,,,....ce" bV . t"I'd-þllnr loa", ."'* Can"""" .. _IdMtot..cl .n d,. Iþ",ye' _1.lnl... a ....."t... ",.,,"""'..., I.r fOI.IIIe. 0' (21 0' (øn: cn C e fI..GI. (ZJ 0 an .ø'Jua,..,. Of ,:II) [] . .bt.d ar _dlu.'.hl" ,.t_ 1_" wfll,h. _ ".:fa .h.t CII.otkM O.t... _" ...!tIelln.o,. .alo hot 'CI....... --.....- 'et'm ot .------- year. anll 'Of "'" p"'.....1 -..un, co, _ .._ Dw,.., ...11 ",... "Pp"--'Ian "'hl" _ ...... .h.r tfloothM ".i. eM "" ....or 1'I"1,.ne. 10 obi.1n II.. toan oommtu".", ."n. t".".'I.', to me.' In. ,.,""" ....d _"dllton. ol·,h. ",,,n,"",."' .,.11 ..... v,. .lIn, .uy.r .h.H pay .n 10en ......... . t 1.lta '0 Dbltll" ,h. ootnrnll.".ttI Dr ,.11. tn _...... bUy.". rfeht. und.r Ihl. .",bþ.,..r-.ph wlthl" t.... ,t",. 'or ..1"" the OOft\l9Illm...1 Of ."., .,lIIp"nt nltDn falla 10 mil" I.rma .nd condlUo"e o' ,h. 00"''''11'''."1. 'h." olthOP p."v Ih.,.."., by r'"",pl ...,m.n "&lIce 10 the &thel' MeV C!anDtlI the CaM,.el end Bu,.r -'1 IMI '''fundod .h. dIapo (bl Th ..llIIlng nlOll,.g. d..et'~ In Par.'faph lJf.c) .ooy. II.. (CHIlliCIC C'I) (If (2): (I) 0 . _rhrtr.. &1110'8" ,.1. of C-) 0 . A.'" 1nI:....., '.10 ., - '" pw an AI 11m. 01 Ihl. bafMI'.' _0"'. II..S Int.r... ,.,.. .re aUbtact 10 'ftCr~.... n tnor.lII.tWJ. ,h. ,a'" .h.1I "101 .~ ~ tM. ..., aft""''''. a.II., ....... with'" - ".,. P't lJÇltv. ().Io. 'urnl.h .Ia'ornenl. Iro'" .n rnon~-V'" "Itlll'lll pflnotpe' D.I.ne.... molt'tod 01 V-J,,-,rt. 1,,1_...1 ..1. _"II .t.,... .f "'.......... If 11".1;0' he. ..,.~... '" .HUt :h:'D~:~h:'~~ ':;~~~'A::"r:::~~o ~~~:~~o) ~oI 't:~~~ ~O, auulnþtlØf1, ~h." 'B"~~:~:' ~~:rr::r .._In _.n r...uafOd apþ1&e~I~:: ,::::. ~:I .~~:I;t~v::rl~- B w, ~ .ceeplad bIt MOlrDðD.. or Ih. ,aq",f,.""o",,, for u!ltum"'l~ at. net In eecord.nee 1I"IIh the '.r"" øf 1"1_ Conlrlel et IftOI1p..a m..£.. a el"l"'08 In ."c... Dr the ".I:.T.", G.n.r DI Du)'a' ft\& t ,..tlnct Ih I'ecl by prompl wrll1.1\ noIloo 10 Ih. olh" ÞarIV ""ton .hh., eleels to pay ,h. mat.... In Inl.,..1 r.'. Of ..~.. mort...... oh. Y. T'Tl.e IV'OSNC.: ,." 1__1 Oftr- Daifor. ek*"D G"10. Soltar .h.lf. .. eall.,'a .......... ........, lei "' t.' or .oy..... IItlN'tMIy, in It....,tt.noe with ...ntffl CCIICl:k (I' CtI (2»~ (1) 0 abrllrac' 01 Itlla or (t) till. lnewllno. COffI",""""1 ."tt, .h.f cloall'lCl, own.'" pølloy Df..... l"suraMllt. vI. C\.O.INa bAnI:! Thl. lr_n_"IþU,," .",all be cl...d and tt,. d.ed aNI ðtl'ler cIoaJna p..,." ..li"'WINCI on ·See 1\ddaJ.-ad\ill11 , 101,,1... e.dend.d by othe, ,I.yt"ena .. 0.' :~Id m:::'~Al~~~~~~ ~~·~':·~:rJo~':~~I:":~::::~ ~~·:~":~r~::~~~~il:a::iifý r==:::. ~ut;::"..(:~:~~~ '::I';þ;lt:.':::·:O~YI:::::":·;::~·=~ re:~I; ;:'r:;O::'~~:' :~~: ':'~:Uf:~O. ::n:;::.~::. ~I"::";·::'.~~ I·~t§~· dartt;I!-~ ~r-~M:'''"~; taK.. 10' ,e.r of ~oeln, ~ Ih.. ,hor. ."0'. 01 01..1.. no v'ol..lon 01.... lOI.....n. 01Ol!...... DI.~~ ....,;_. u..; ~ n..1 .._, 'Dr resiàential '.... r ';'-;;..J)u<J7--~~::: ~III. oceU'ANCT: &al", werr.nt. Ih.' ther. w. no p.rll" In ODCUp.noy 01nor ",.ft S.II.r; elll. It P"vrorl1 Ie In.'''....'' k.o .... ,.",..11 _ o_upl_,.. ....,...... ....lfta, I". t... ""d ~~::::' h~:I~. ~ ::.,!:-¡'.n ,:11:' '~:..~~~:tc.:~f:. c:=o:rn~:'·ø::c;":::u.::~·:n": .': o':t7:::'~ ';i,::~; ,~·d,,': :=~p-::~":h~1I ':.Þ:=~r'I::. '=d fr~t,~o;:;" ",u."~:.= ",., tta'.. .nd .h..U b. dfHtmod to h.ve .~'.d P,Oþ'''V I" _.. ..1.11.. CIOftdIlkM .,1 of II"''' of '''I~ DCCup.11CY un!.. vtl"l.rwI,o ..t_'ad h.,.ln or tn . .."".,. wr111",: I.. "Yrawn'TTa.. Oft HANØWftfTT... P'ftOý".'U".: T~'" or """,,,"hi." p"....IekM.. ...en c.-onlrot elt pf'Inte4 pt"ewlafone.. 0.",,'" In eonlAtoII.,..h 'h."'. . ' ,.. hl.".1 (CHI!!'CK " ."r D' ,t- Wo_lne nl".~ .f. ..""....... AMI .... .t,..IIIhM ,. IhI. OIMtrecl): C.. C COASTAL OUNS",,)U I tUN t.:ON fI'IOl. LINe: ..lþP.... M 0 roMMlH 1NYI!81....rf' IN ......... .1 tO~nTY T~ N:T "'IÞ.;' C.. c ~I.AN'" hrroCh (IÞt 0 UUf'fIJUM""rvNI '4KlIil" f-I) [] IN8ULATION ntDr::" C'} D ontpn- -..,. --- II. a..IClNA.ILU 11 ,C.:t4110t( (1) Df (I»: Buyer (t) 6t Ifle, .-Iv,' Of (at d "'*Y.".I -.ItI" Ihl_ e.nvþ". .11, .P~CI"L CLAU..., CCHec:.f< ct. VI (2)); "ddendum (1) III. .U...I..,... (It) C th.... .. file Ad4-c1"",. 1111, T.... I. D' THE UnNC:. 0' THIS CONTRACT. DUYEn" IN\' IIY. DI*CloSU"B.8: Duy.r ['J .ela.nowI.agot or C fJooa nol Dokncrwl.dy_ ,._It".,f III. ...noyh..d.,,'..""'''n..I.... .,,~ _~I""''''''' "¡,.,.1,.. ....1. ......u,.. " ·_h.'· --- 1HI8 18 IN111NOIIO TOile ^ LE~~.'-~=,~r:.~.?~";~~~E~ ~~ f'H~~fo't.~J.y~~:'l.:~~~t~~~~~~~l~~ ~~v~ngr t:... ATTORN!!T PRIOR TO 8111NINO ,."",...,., r/... not' øWI.'''U'' lilt crrMlcM IIIaI "'.Þ" 01 'h_ ,.,'"" .",¡--m,.,.,. In ,hi- Cf:wI'''''' .1touItJ be .~flrllfllty ,tI. ".",.. lit . ,.."ICIIIM It.n.~.1''''1. rllrnu IIn(I t;Ðnfl¡,.~ .hocAfI '" n."..".'rod......, I,Ip)n "" ~"fKte"-Itt,.,~::. t!'It~::::.. ,,,,,, M~~~"Iðft..., "" ~IÞ1I ,,,.,..,,,.. . CI'IY OF DELRAY BI!'ACJI C.....""'HT1.....V.II:...L.?~~.!"!~~~t~'i·"O!'· ~nhEAaI CD!.JN':Cr, INC. ~p.u,..) _...~ _. .....-- _~_.....__D." ~. "'1"'" ._.' ~.- t aootal 1J...u,ny or 1.. I.D. , .~llIaou-,lty ., T.. I.D. . ... "'nO __D.'. ~'...._ __h' , Bocl-' 6"'"")' or ,... I.U, . a_I_' ..,ou,lly or T... '.Þ. . ---- De,.11 urut., P--a,eph 11(., ,~ Ved: .. U"1I:H I"^N CASH. THIEH aUtullCT TO CL.~NVk. ....,.. AQ ""''*.....·0 ref:' (GHI!CIC AI<IO eON"L_" T1'. ONC """'UOAOLI:!) Nc:Þnc .y: o ~l'!: I:~::=-=:k: ::::::~~.':':::~:"';"per.llno .vb·...nl. nam.d, aøOC»dlr. 10 th. 1M"'_ 01 fIn .."U"I. ...r-..''''. II...... .gr.."'."1: OR o iii r,0 LI··W".JIEf!lll!""~· D....:HIWr... lit .,r,...!; Mor .'f. ·1ð ..y . , ., ".,n OW. .1 "'.. oIoaInl, 'rom Ih"1"I)\u.n..,."I. 01 'hilt ~~('Ioð' of theo .al., CØI"PO"..Uøn In I". ""1\'11111 tJI CCOMI"L£Tr O"'L"'f (. QOft1,ae,'r ~ 8f:-,.'M': IO·;:,t:~ :~d' dO ,"(" la ,.'.Iftlld. ·::':'~~'::~·Dt"~~·:ot" .:~::~r:III~h. a~I~'Z". ";::0 ~;~~",=J"r. -;:Id-'::':.r'::',:r =::~:~:,::n '~:r ":::- ..'"tIc.... Inclu~ DOtI. ..."ded '" .r.C,. anll 'h. b.lenøe ....11111 bit paid ID Sell.,. II Ihill ',..,..olton .".." ""I "Dell bee_"" .f ,.tu._' õ, '"lIur. ,,' ..11., 10 pD!'Orm, !II.lter 1M~ In_ tutl·'.. 10 .ro"~ on aflm"nd. In .ny 1I1"."Dn .'laln, OVI or tho C."I,acl cone'Mnl"til Ihe ",oltlM'. ,... Ih. I',~""ng ...rty ....n r__, ,0.a""..&I" .IID'"~. Ie.. .na c .....n.._...........~ ._~ """........#I........Ök... -- ......1 ~^;;~¡,;-.t.~t~~7't¡·~~- "JDIL". CAN .. oeTAIN:: ~-::'·~~~"1.IDA AfJ"nCIAT'ON O~ ..CA\.Ton, on THfn'bAIÞA !I.,.,q. , . A.l)þDlþUM !fO eOIf!rRAC~ FOR BALI: IUIÞ PURCHABI!¡ This Addøndum to Contraøt for CIlIa and Purchase by and between TEMPLE SINAI OF PALM BEACH COUNTY, INC. (Seller) and CITY OF DDLRAY BEACH (Suyer)1 In addltlon to the terms And conditiou.. ot the Contract for Sale and Purchase by am! batween Sellar and Buyer, the part i.. a9ree a. followø. 1. It is understood and aClknowledc;Jed by Seller that Buyer i. purchasing this property in conjunction with tho settlement of a cGrtain law.uit styled Tate vs. C1tv ~f Delrav ~, Case No. 93-5198 AX. This lawsuit involves adjoin n9 lands to the north of the Tèlnple property. This Contract is therefore subject to and oontingent upon the Bettlement of said lawsuit. In the event .aid lawsuit 1. not settled prior to the closing date set forth below, Buyer, in it. .ole di.cretion, may elect to terminate this a9reement and the escrow deposit made hereunder shall be returned to Buyer. In the alternative, notwithstanding the fact that tha above-mentioned lawsuit i. not settled, Buyer, in its .ole discretion, may elect to proceed to clo.ing upon the terms and conditions hereof. Buyer shall notify Seller of its decision to either terminate the contract Dr proceed to closing within thirty (30) days of the IIcheduled closing date. Xn the event this Contract does not proceed to c10sin9 because of the failure of settlement of the above-referenced lawsuit and Buyer further elects to not proceed to clos1n9 hereunder, Buyer's opt~on to pu~cha8e as set forth in the Reservation Agreement dated May 27, 1993 ahall remain in full foroe and effect as Bet forth therein. 2. In addition to t.he purcha..e price set forth herein, Buyer shall, at its sole expense, provide those site improvements in accordance with Paragraph 4 of that Reservation Agreement between Buyer and Seller dated May 27, 1993. This provløion shall survive closing of title. All Buch .ite improvements shall be done to City of Delroy Beach code specification. and Seller ohall not be responsible for any oosts related to the same. J. Gellor epacifically acknowledge. that this Contract i. assignable to EXCel Development Corporation. or nominee, provided Buyer shall remain finanoially responsible for all site improvements required by that Reservation Agreement between Buyer and Seller dated May 27. 1993. 4. Seller agrees to permit Buyer, or its a.signee or nominee, to have aocess to the property for enc;ineerinc; and surveying prior to closing. 5. Closing will occur on or before January 10, 1996, or five (5) days after Excel Development Corporation obtains permit. to record a plat for the property to the north of the Temple pro~erty, whichever is sooner. Closing ahall be held at the Law Off~c.. of Brackett, Cook, Sned, Weloh, Hewitt, D'Angio and Tucker, P.A. at 218 Datura Street, West Palm Beaoh, Florida. Braokett, Cook, Sned, Welch, Hewitt, D'Angio and Tucker will furnish owner'. title insurance at Buyer's expense. Buyer, or its a88i9nee or nominee, ahall be re.ponsible for all recording fee., inoluding documentary stamps, and the co.t: of an owner's title insurance policy. TDHPLE SINAI OF p~ B~ACH C:OUNTY, INC. Atteøtl By. Secreta¡;-y President CITY OF DELRAY BEACH Atteøtl By. City Clerk Mayor Approved as to rorml City Attorney . -~ - ,~ . .. : ~ ' . - AØ8!GIlKEII~ 9P CO.TRACT FOR SALE UD PUR~HA8B "~'.rB A.DDENDOH ABstGNMKNT AGRBEMBNT by and b.~w.en the C~ty of Delray Beach (hereinafter referred to as "City") and Exc.l Development Corporation (h.reinafter referred to .. "Excel"). Whereaa, .imul~an.ou.ly horew~th City hae entered into a contract with Temple Sinai of Palm Beaoh Cnllnty, Inc. pursuant to which city i. t.o purchaøe certain real property as described therein; and Wherea., City desires t.o o.e.i9n itø right.. and duttes under Baid Contract tu Excel and Bxcel agre.. to the as.ignment of the same purauant tD the terms And conditions a. more particularly .et forth belowf and Wher.... Temple Sinai ot Palm Beach County, Inc. is aware of the 8ubject 38øignment. o! contract right. and con..nte thereto. NOW THEREFORE the part.ies agree as follows: 1. City doee her.by ",rant, bargain. eell, assign, transfer and set over unto Bxcel its rights and duties pursuant to t.hat Contract for Sale and PurchaBe with Addendum for the purchase .nd 8ale of certain property located within the Citl of Delray Beaoh, Florida, a copy of which is attached hereto and ncorporated herein by reference. 2. 1~ 1. the responsibility of Uxcel to JIIake the initial eacrow deposit AS .et forth in P.ragraph II (a) and further t.o provide the funds for the balance t.o cloBe pursuant to Paragraph II(f). 3. Bxcel at it. sole expense, shall provide those site improvements in accordance with Paragraph 4 of that. Reservation Agreement between City and Temple Sinai of Palm B.ach County dated May 27, 1993. and as eet forth in Paragraph 2 of the Contract Addendum. 4. Bxeel und.retands that the closing of the subject property between City and Temple Sinai of Palm Beach County. Inc. is conditioned upon the settlement of a lawsuit between City and St.anley Tate being Palm Beach County Circuit Court Case No. 93..5198 AI. In the event the Bettlement fai18, Bxcel agrees to reassign this Contract to City BO that city may either t.erminate the same Dr proceed to closing as provided in Paragraph 1 of the Addendum. In the event City choosee to clos. despite the non-eet.t.lement of the lawsuit, Ci.ty shall reitnburse !:xcel for t.he co.t of its escrow deposit ($5,000.00). otherwise, upon termination of ths Cont.ract by city, the eøcrow deposit .hall be refunded to Bxcel. S. It ill underøtood Clnd agreed between the parties hereto that Bxcel i8 Acquiring the property described in the attached Contract for purp08es of providini an access drive to certain lands IoDated nort.h of the Temple S nal property. It is underst.ood and agreed that Excel, at. no cost to City. shall d.dicat.e or otherwise convey to Cit.y for public road and related purposes the land. that are the sUbjDct of this agreement along with certain other lands that Excel is acquiring from William Sned (the Midred Smit.h property) 80 that the ent.ire public road right- of-~ar to be dedicated or conveyed to City shall be no 188s than 60 feet n width from the north property boundary of the Temple Sinai site to Atlantic Avenue. Said dedication or conveyancs shall be made to City no later than December 31, 1995. 6. Ixoel shall be responsible for all cl08ing costs and other expenses relat.ed to this t.ransaction. ~ -,- - . .. .. - . Dated this _ day of . 1995. ßXCBL DBVBLOPHENT CORPORATION Atteetz By' Secretary pr..ident CITY OF DBLRAY BRACH Attest: Byz City C1e:d; Mayor Approved ae to formz City Attorney Coneent: Temple Sinai of Palm Beach County, Inc. Byz - - - . . , . . '('.. - , - .J' ., . dt~(t: IvImh I~. 1995 r:\wen\secy\bmc\city.J. DESIGNATION AGREEMENT . WHEREAS, the CITY OF DELRA Y.. BEAéH has entered into a Settlemct1t Agreement with STANLEY TATE, per the attached Exhibit A. \VI-IE REA S, EXCEL DEVELOPMENt CORP., desires to purchase said property . . according to the terms of said Settlement Agréement. . NO\V, THEREFORE, for good and valuable consideration it is agreed as follows: 1. The City of De/ray Beach, hereby dcsig~tes a~ grantee Excel according to paragraph 15 of the attached Agreement ,between Stanley Tate, seller, and City of the Delray Beach, buyer. It is under,stood and agreed that all deposits made hereunder by Excel shall apply to, and may be paid directly into the Tate/City .' of De.~ray Beach Agreement 'by agreement of the parties. t '. 2. The. City does not assign any responsibility herein to. the settlement of the TATE law. suit and Excel accepts 1\0 responsibility, except for purchase provisiåils of the attached agreement.' That all the purchase provision ter,ms and conditions of the attached Agreement are accepted and agreed to by Excel as ß~ye~ . 3. The City agrees to furnish' Excel with'~ll notice requirements per the attache,d Agreement. 4. The City agrees that it will close under this Agreement provided the Excel complies with all the terms of the purchase requirements under the attached Agreement. 5. The City agrees that it will furnish Tate with a notice of termination of title objections or any other requi¡-cments which Excel may have in order to cancel this transaction. 6. Excel represents to the City that there' ~~eno re;\l estate brokers involved in this transaction and that Excel agrees to hold the City harmless and indemni[j them in the event of any claims by ëlnd through Excel. t ; . . " . ,I. t . " . . 7. The City agrees to uses its best effot-t~to enforce the Agreement with Tate provided Excel agrees to make all the Excel deposits and p:1yment of purchase price per the attached Agreement. . . . 8. In the event the matter does nor close 'due to a defàult of Tate, the parties agree ' that Excel may seek specific performah,cc on the contract with Tate or return of deposit according to the Agre~ment. The City will act on behalf of Excel accordingly but Exec! agrees to hold the City harmless and indemnify the City, including all costs and att~rneys' fees; against any and all claims in the event of a default of Tate thereto. 9. In the event Excel defaults under the . Agreement the deposits shall become , liquidated damages for TATE the, Seller under the Agreement and Excel agrees to hold the City harmless· arid i~derrmify the City, including all costs and attorneys' fees, against any and all claims in the event of default of Excel. , . . 10. Excel will release and quit claim any rights, tide and iiHerest it may h:rve in any . development or access agreements regarding Tate at the time of the closing. 11. It is understood and ;1greed that Excel shall be SGlely responsible :IS designee for . . ,accepting or rejecting tide, doing its due diligeIlce and discovery period, pay all costs and fees regarding environmental, title, recording, surveying, zoning, :lny costs whatsoever involved in the purchase of the Tate parcel. Excel shall further . agree to, review. and accept title uri~er the te,rms òf the ¡ontract as appropriate. . Witnesses: CiTY OF DELRA Y BEACH By:. Printed Name: ,Date: Printed Name: E B Printed Name: t ' , - I , . . . , . . . . SETTELEMENT AGREEMENT .' s;.;z:: THIS SETTLEMENT AGREEMENT ¡pade and'entered into this ~ lliay of April, 1995, by and between the CITY OF DELRA Y BEACH, a Fl~rida municipal corporation (hereinafter referred to as "City"), STANLEY G.TATE, Trustee (hereinafter referred to as "Tate"), and THE LAKE WORTH DRAINAGE DISTRICT ("LWDD"). W I T N E SSE T H: WHEREAS, the City and Tate in order to avoid the expenses of litigation in connection with the case styled STANLEY G. TATE, TRUSTEE, v. CITY OF DELRAY BEACH, et aI., Case No. 93-5198AI ("Lawsuit") and in an attempt to resolve their differences; and . NOW, THEREFORE, for good and valoable consideration, it is agreed as follows: 1. That the City and Tate enter into the Contract for Sale and Purchase attached hereto as Exhibit "A" ("Contract"). - 2. That upon the Closing and payment to Tate under the Contract, the parties will execute and exchange the general releases attached as Exhibits to the Contract. , 3. That upon Closing, under the Còntract, the parties agree to pay their own attorney fees and costs and execute the Stipulation attached as an Exhibit to the Contract. . 4. By agreement of the parties, the contents of this Settlement Agreement and the , Contract attached hereto as Exhibit "A" are n<?t admissible to the Court in that they represent settlement negotiations. In the event that the Contract i~ terminated for any reason, including, but not limited to, failure of a condition, default 'by 'Buyer and/or a default by Seller, then the parties shall be placed in the same position as if the Contr~~t had not been entered into without prejudice . to any party for entering into this Settlement Agreement or the attached Contract, and Seller shall I I' I . . 1 . . ; ~ . .\. -. . ., . , .. . , , - be entitled to pursue all of its rights and remedies cþntemplated by the Lawsuit, and the Buyer . . shall not have waived any of its defenses in connection with such Lawsuit. 5. The parties agree to a reservation of ~igl1ts in the ~vent the Contract does not close to return to the Court for appropriate relief with regard to the ligitation.. In that event, the parties hereto agree to reserve jurisdiction under this case ,to finalize the litigation of this matter and resolve their differences according to the Rules o~ Civil Procedure. . 6. The parties hereby agree to notify the Court in the litigation of the pending settlement contemplated by the Contract and to reqUest appropriate continuances so that neither . '. , party shall be prejudiced as a result of the tiIÏ1è between the date of the execution of this Settl~ment Agreement and the proposed Closing- under the Contract. In the event for any reason either party would be prejudiced as a result of such dehi.Y; the parties shall proceed in connection with the litigation subject to the potential resolution of Litigation as contemplated by the Settlement Agreement. . , - IN WIT~ESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. SIGNED, SEALED AND DELIVERED CITY OF DELRA Y BEACH IN THE PRESENCE OF: By: Its: Witness (Type/Print) Name Attest: Clerk Witness (Type/Print) Name Corporate Seal I I I I - 2 . . - . . . ~ ~~ ' . . ,... ~v? ~~ .....,. , /... 7: u Stanley G.· . e, Trustee . =--...I" ~/ e... '-~ 1J eS . Witness (Type/Print) Name ~) ~ " . '- cPA-: l Lù IIÝt'/f Y'o Witness (Type/Print) Name " ; THÈ LAKE WORTH DRAINAGE DISTRICT By: Its: Witness (Type/Print) Name Witness (Type/Print) Name - . . I , I I 3 . . . . . I 1 ..,CONTRACT =~.?: s~~::.=: ~~z·r::· :~?:~~~==: .. , FLORIDA ASSOCIATION OF REALTORS At;JD THE FLORIDA BAR '.\.;1" Stanley G. Tate; Trustee ';'1- PARTIES: rit!!!!"}, 01 (Phonf ond City of Delrav Beach, a Florida munlciDal corDoration . rbIt 01 100 N.W. 1st A enue Delra Beach FL 33111 ) an persona property r ) (col':C~1y .p ) upon ,h, lotto., r.~~~Y .~sr:~~i~~~~~ whl~~ l~t(u'Ó~ ~h' SI~~':.,'cr.·I~o~U~.~' E:'~=iT~.~::~t~~er punted on Ihl 'Iver... or .".c~.ny Rid.,. .nd~' 10 this Insllume .. DESCRIPTION: fa) legal description 01 R..' Property located In Pa 1m Beach County, Florida: See Exhibit A attached hereto and made a Dart herepf '"Prooertv") (b) Slr'81 address, city, lip. 0' the Property Is: (e) P.raon1Ily: ~ettlement '~ubject to 1ncrease as provlded lor In the Addendum 1.20D,OOO.00" II. I_PRICE ................,.........................0,..........................., PAYMENT: (a) Oeposll(s) to bt held In escrow by Brackett, Cook et al In Ihl amount of . . . s See Addendum «b Addllional .lctOw deposit within _ daY' ,II" Elfeclive 0.1, In thl amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . S (c) Subject to AND nsumption of mol10agt In Oood standing In lavor of h.Ving in Ipproxlm.'. pr.,ent principal b,llnee of . . . S (d) Purch.,e money monoage and nol. belrlng annuli Inl"..t II ~(I"Addenduml nlmounlol .."""..",. S (oj Olher: , (rl elllnc.lo clo.. (U.S, cuh, 1.11. b .~ II II J II If, LJ -J] J r ................, 1.200.000 00"- III, TIME FOR ACCEPTANCE: EFFECTIVE DATE: FACSIMILE: II thll oller II not .xlCUtR bY. and d.Uv.re<J to an pen'" OR FACT OF EXECUflON communlclled in wrlth belw.en Ih. p,rtie.. on or belo" . lhe depv..ìI(.) will, at Buy'''' optk)n, be r.turned to Buy.r .....d (hit oU., wilhdrewn, A Ilalmll, copy of U· Conl,"C' I . . ('Con;,oc., ond ony IIVnOIO'"1 h..oon Iho" bo c:onllderod lot oIl pUopolOO .. orlginoro. Tho do.. 01 Con',o'" rE"oe".. Do..' ..In bo tho 5 IhollslOnI0I1hoouyorondSolll,huo\gnodhUlIgnodlhloo1I0,.'" by wire transfer to such account designated by Sel1er subject to IV. FINANCING: prorat i on as set forth in this Agreement (See Addendum). (I) 01 (21 0' PII: ('10 0 II.od, (2) 0 on od u"obl. or (3) 0 0 lI.od Of od UIIObII roll ~ ..lIhln _ do,. oil.. EllocIl.. Olio II In Inlllollnl""I,o.. nol to lerm 01 _ years and for Ihe principal amounl 01 S Buyer will make applicltion within _ di\l99f'\te to ob'el" the \01" comm"me"' and. 'h'Tutt",' \0 me,' 'h. '.'ms end· ~i\\oni at \M eomml\men\ I an, B\J' t1f aha" øay all toan '"þlm..,. tc 8u leils 10 obtain th. commitment or ren. to walv. Buy.r's rights under Ihl, lubþaragraph wllhl," th. 11 Ining Ih, commll"'.!rt or Iner dlllg.nt ,!lor1 tall, to m..1 lerms end condilions 01 the co.mmltm.n1. then ,lther petty ther..fler by prompt wrlnin nol er may cancel thl Contract Ind Buyer .h.1I be relunded Ihl dI'po.11 (b) The ..¡sling mortgage descrlb'd In Paragraph lite) above hu (CHECK I .,.,¡lbl, In'....~t r.'. or (2) 0 . Ilxed ,"'."11 ral. 01 _ ~ per 'nm AI lime 01 till. Iransl.r 10m' lix.d '"18rnl fll.S ,re tUb an, It Inclllleci, 'he rei. ,hall nol .xceed _ I¥t per Innum. S.II" Ihell. wllhln _ da.,. .' Elleeltve Dale. furnish slllementa fro gHS .tallng principal balances, m.'hod. O!f þaymln'. 'nl';'" ral. and ,la1u' or mortoao... " Buyer h.. aor.ad 10 a'IU"" ~~g~:~h;~: requires y mongloe. ~~:~O:rsll~~,~:~~~~:. ~or assumption, then ,Buy~rh:;~ :~~i oblaln all required aPPlic~1.1~: ,:~~ ;;:~'.:~::;I~v::~;r.'~:·B:n:,;:1 Ice rtgaoe. or. the "quit.ments lor assumption .r. not In accordance with .'hl lerml 01 this Con'rad or mongeg'l mlC" I charg. In exc.., 01 'hI Ilaled' .mOL V. H 0 IOIDI!!1 (I)) PJt.:] l ' 'r (I)Q 1'1' . I , 'I' , , ..' 0 . .. , '1111 . See Addendum attached hereto VI. CLOSING DATE: This IrlnucUan shall be clolld Ind the deed and olher clollng paperl dallvered on , unl.a. ..tlnd,d by oth.r provlakJnl 01 Conlrr VII. RESTRICTIONS: EASEMENTS; lIMITAT10NS: Buyer ,hllllakl title subject lo~ J'onlng. r..lrletlo"l, ørohlbltlOf1' and oth" requlremlnt. tmøo,ed by gov.rnml"'11 authmlty: r..lrk:1h Ind man"r, appearing on Ih, plat 01' oth,,,,,I.. common to Ih. lubdlvllion; þublic ullllty ....m.nt. of record ~auemenl' art 10 be toe,lld contlguouI to! R.,I Propeny Mne. f nol more IhAn 10 1"1 in wldlh I' 10 Ih. ".r 01' ronl Iln.. and 7'h I,et In wldlh .1 10 'hi 'Id. lines. unl.n oth.rwl.. alated hlr'ln): lu.. lor year of closing and lub."QI.' y..rs: anumed m0110'Oes and purcha.. money mortgIO.'. If any: olher: : prOYld Ihat ther. ..i,ls II clo.lng no vtolallon of the loregolng and nonl of them prevenls un of 1=\..1 Property for Residential pur""" VIII. OCCUPANCY: Sell" wa"ants Ihat therl ,rl no partie, In occupancy oth.r Ihan S.II.r; bul"lf Property Is In'ended to be rlnlld or occupied b.yond clo,lng, (hi 'acl Ind t" thereof shall be stlted herein and 'h. tenlnl(s) or occupanls disclosed pur.Ulnl to Sllndard F. Seiter Igf..1 to dell."r occupancy of Prop.rty II IIml 01 clotl"g unl.., oth." slaled h.,.in, II occupancy i. 10 be delivered beforl Closlno, Buy,r a..um'l III rl!lll( of lOll 10 Prop.l1.,. from d.11 of occupancy. 'hall be r.,ponllblo .nd Kabl. for m.lnlen,nct ,¡ Ihlll dale, find shall be deem.d 10 hlv, accepl.d Property In III l tllllng condilion a. 01 lime 01 I'klr:rg occupancy unll" olherwt.. 1"'ld herein or In I IIp.,ale wrlllno, IX. TYPEWRITTEN OR IiANDWRlnEN PROVISIONS: T)Iþ8w,ltlln or handwrltt.n provision, .hell conlrol all prlnl.d provision, of Contr,ct In conllict .....llh 'hem. X, AIDEns: (CHECK If Iny or Ih. following Rlderl 1ft appIlc.bll ~ arl ,niched 10 Ihll Çoolr.ct): (I) 0 COASTAL CONSTRUCTION CONTROL LINE RIOER ICIo FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (1,0 FtwVA RIDER (01 0 CONOOMINIUM RIOER Idl 0 INSULATION RIOER "I KJ OTHER, See Addendum XI. ASSIGNABILITY: (CHECK (I) or (211: Buy.. (1) 0 moy .011Vn Of (21 ~ moy not ullgn Ihl. Coo"OC\. ""and the City Counsel of the Buyer sha 11 have XII. SPECIALCLAUSES:(CHECK(I)0f(2 :Addtndum(I)~ IIO"ochtd 01 (2)0 Ih.rollnoAddlndum, provIded the Settlement Agreement to. which XIII. TIME IS OF THE ESSENCE OF TNIS CONTRACT. this Con~hct is attached as an Exhi b\.tnR'81NITII XIV. DISCLOSURES: Buy., ~ actcnowledOI' or 0 doel not acknow'-dg. recelp' or the loencylradoofcompenllllon Ind ..lIma,.d doelng COlli dlectotur.. .,. THIS IS INTENDED TO BE À LEGALLY BINDING CONTRACT. IF No.T FULLy UNDERSTOOD, SEEK THE ADVICE OF AN AnORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE flORIDA ~SSOCIATION OF REAL TOAS .AND THE FlOPIDA BAA. . A,pprrtnl tIoft nO' eon,'lful. .If øplnlølf rh., ,lfY øI fh. r.rml .nd øøndilJon. ... tit.. eo"J~ .houkf £Nt 'æ by 1M ".".. .. . ".fflt:u", IrIn,.CfIøn r."", CITY OF DELRA Y BEACH .nd conditiOn. '~o'::'y=~'::e~':~T~¿~A~rn~ :~'%~ =~' =:~T ~~ T~~; "".,.,,«IpMWJM . : --------------- ~ r2 - DolO .-~.~f, ~ I/'/....,/'S 01 '0.,,,, . I-STII Y G. TATL TR"SH~ SOCllt S.curlly or Tax 1.0. , 'Si>cloIStcI1'IIyOfT..I,D.I /3:1.-.:1.... -.s:t!J~' Dati D. ,I"Y·'I ·c~) Social Securhy or Tax I.D. , soel1il Securtly Of T.. 1.0, I DopollI undor PoroV'oph 11(0' ,oeol.ld; IF OTHER THAN CASH. THEN SUBJECT TO CL~CE. Brackett, Cook, Sned, Welch, et al. (Escrow Ag.r BA811~~ 8 r~~. {Olllff1 fll .lrtrU;r& Tint 1Ult aW' ,......... ~ By: OR S. o IF NO lING AOREEME , eler egro., 10 P'y Ihl r ... nlm. lng, hom 'hI dlsbur.em.ntt of the proceeds or nS.UOt"I tn ,he '''1OVnl of {COMPLEtE ONLY ON '" of g'os, purch... prk:t Dr S tor II In .lfettlng 'h. "I, b uy.r ready, willing Ind 'bl. to purchlse pur,uln' 10 'h. toragol Conlract II Buyer 1111, 10 þertofm and deposh(.) II r,llin.d. 50% IherlOr. bu , a f.. abov' provklld, .hl" be p,ld Sroker u lull eonlld"'Uon tor Brolle services. Includlf'lQ cost, expended by Brok,r, and thl blllnee shøn be paid , . 1 ,hall not close beCIU.. of relusll Of f.llurl of S,II,r to pertOfm. S,'I,r It' p.y the lull Ie. 10 Broker on dlm,nd. In Iny IIlIgation .rillng OU rllcr conclrning Ihe Broker IlIIng party ,hIli ret:OYilr rlllOn.bl. Inorn.y', I", and eo! (tIm'I.......oI....,.,Øi... , FAR/BAR-2 Revlsed'1101 RIOERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR, ~ - - .- -.-' ... - . . rettlement ,A. EVIDENCE OF TITLE: ( ,.lsUng firm) purporUng 10 be an accurale synopsis oJ the Instruments life i Ie counly wherein 8al PIO .'1 IS I . e ea, 18s1 public records, or lIuch la r date as may be customery In thl counly. Upon " ". " "·mAOO Insur nce c mmllmenllssued by . Florida licensed title Insur., agr..lno to i 5U' to Buyer, u~on. recording of 'h ,nd owne", policy or 1111, Insu~ ~ rice Inlurlng Buyer's tllle 10 the Real Pro fly: sublecl on y -10 lIenl. encumbrances. ."ceplton, or qUllUlcallons 181 forth in this on rac an 058 which shall I dlscharoed bt Selle, II or berore closing, Seller shall :convey .markelable IllIe lublect only 10 Uens. encumbra",... ..cepllons or qua ¡lIclttons specified In the Contract. Marketl Ie tlU, shall be de'ermlned accordin~ to Ippl~c.ble TlUe Standards adopted by au'horlly 01 The r=lorlda Ba.r and In accordance wllh law. '. .. . .' . ... d.'.cllv., BUYc.r .hall, wllhln 3 day.. nollly S.lIar In wrlllng .p.cllylng d.'.cl(.), " Iha d.fecl. .. day' from 'eeeip! 01 nol elt wllhln which '0 remove the delect S), lallln , ' eT .ccePlin~ Ihe IiU. .. II 1hen Is or demanding. felund 01 deposiU.) paid whl yer~ ereupon. Buye.r and ~eller. shall rel':'lSe one, anal II 01 I~I lurl~lr obllga~lons under 'he Conlflcl. g;ace period In Ihe evenl of delault II I IIrst mortgage and 8 1 S-day grace period II . second or ener mortgage: shal p,ovlde lor rl hI In frat! without penalty: shall not permit Icceleration or Inleresl adJustmenlln evenl 01 resale of Real Property; sha' . encumbrancu to be kept a""9°cOodn,!J~~f~~~~í~;~ ~~r~:II~r~d~~~8~1:I~r o~:; ~~I~r~e~~~faen~r: undel prior m.ortga e I '1 morlgages, morlo'age n:I~~ ~~~U~i~~:rYtr:~;"en~~~~tl~ ~~~~~:I~;I~~III~~~';; savings and loan Inslllutions or Ita" or 1e counly wher.ln RI.IPropetty II locatl¡j, All Personally end Ie..., being conveyed or assign.d will, It Seller', ' 'In 01 . security agre.m.nl evidenced by recorded IInanclng Itat.menls. If . balloon mor'glge, 'hI final p.ymln~ '11111 e.celd C. SURVEY: Buyer. al Buyer's expense, wllhln 'Ime allowed 10 deliver evldenoe of title and 10 ¡xlmln. Slme, mar hive R.lt Property survlyed and certified by I registered Florida surveyor. If survey choWI encroachmenl on Real Property or ,hat l.mprovemenls 'ocal.d on n.1 Property encroech on selblck IInlS. easements. Ilnds 01 others or vlolale any restrictions, Contracl covenants or appllcablø governme"lal.reO\llatlon, 'he aam. shall conslUule. till. defect. . ' Cellllied Pes' Control Operator '0 determine 11 ther. II any visible active termite ,Inlntallon ot, ,visible e.lltlng dlma e from termll. Infesl . II elthel or bolh Ira found, Buyer will have 4 dayl hom datI of wrllten nolltl 'hereof wl1hln which 10 hIve all e or nOI. Inlpected and eslimaled by a licensed builder or g.neral conlraclor. Seller Ihall pay valld'casls of Irealm .'. ge up to 2% 01 purchase price. Should such COlt I exceed that Bmounl, Buyer shall have Ihe opllon of cancelli" C . r rec.ipt 0' conlraclor'l rlpalr .stlmll. by giving wrinen nolice to Seller or :~lr~ra~aXo~II~CI 10 proc.ed with Ihe 1r~c .58 prlc.. -Tlfmlles- Iha~r~re :S;:~~:J~;~n~l~d~d~lIa~~~~SI~:S~~:I~ga~r~~~IIS'~~~~~~ ~~ ~:t~e 0:.~h;1~~a~~e~II~~d Frl:~~~ ~ IIJ8R£:Og . fiB tlRtUØ (hill _ I~ J J. I UJ.l It II lit '~ I J ~wv ¡ II . v I 111 Rill P I~I 1~ . 1·'t'. . . .L ' , ~ ~ tT " .... ~ P 1:1' _, I . 'II f .'.IIt'. , ,t. I' ~ ',L "". ~ ~ .. F, LEASES: Seller ,hall, "aile.. thin 1S day' bllor. clo.fr1g, furnlth 10 Buyer copies 01 all written I..ses and e,loppllleUers hom .ach tenanl specllylng the n.lure and duration of the lenanl's occupancy, rental rat.s, Idvancad renl and aecudlr, dlposlt, paid ~ l8:nan" II Seller It unabll '0 obtain luch IllIer from .ach lenin', Ihl same Inlorrnellon Ihall bl lurnlshed by S.lIlr 10 Buyer wllhln 11181 IIml r.erlod n Ihe tarm of a eUer', affidavit, Ind Buyer may Ihereafler con'acl t.n8n's 10 confirm .uch Inlormatlon. S.lIer ~hall, al clo,lng. d.II..r and a..lgn all o'lglnal .....10 Bu In.' the form of Exhibit Z, G. LIENS: Seller shin ,Iurnlsh '0 Buyer .t lime of clollng In Iflldlvlt ~~~i~~I~~ 1~:leo~r~::~I~~I. f:~~~~lp:~~v¡,na~ob::~el~;~:v~dl~~rrea~~~~~~~ltl~~~ \~:;e,,~;e been no Impr~vlm.n'. or re air Ivers 0 mechanics' liens execut8d b~ eaTt general conlractors. subcontractors, suppli.rs ånd ., . . len ellidlvlt .el1lng lorth 'he nlm.s of III such general eonlf.clors, subconUactorl. su a. lIming ~hat all charges lor Impfo.vlments or repairs 'IIhlch could 'erve .. a buls lor a mechlnlc's lien or a I. H, PLACE OF CLOSING: Clo.lng .hall b. h.ld In Ih. counly who,.ln Ih. Rool Prop.rly I. local.d .llh. ofllc. of Ih. anorn.y or olh.r clo.lng ag.nl d..lgn.l.d by Seller. I. TIME: Time p.rlod. h.reln of I... Ihan e days .hall In tho COmPUlallon oxè:lud. Salurd"J¡" Sunday. and .Ia" or naflonal I.ga' holiday.. and any 11m. portod pro.lded lor h.roln which .hall and on Salurday. Sunday or a I.gal holiday .hall oxl.nd 10 5: 0 p,m. of Ih. noxl bu.ln... day, J. OO~.UM.EN:S FO~ C~OSING...: t .II~~.~~_~I.: ~~~~~ .~~ ~;~; "'11 J =~I. ~~:~=:I~'~ ~I.:. .~I~ ~ I~~~~'~ ~~ ~~ ~~= . ~~~~ ~~~ TT ·Jr . rr II II " , 1! I' 1..". 1;1"" ~,~ II, _.,w" w 1_ !Ø" _ ~ JIll I I See ðdendum K. EXPENSES: B. I I 1 r 1 1'1 ( I I ... ,. ;0 I' , .' , 1'1" . , 'j ',13 II ~l I I 11i.-.- ' I ",'L'l 11 I .. ! , , . J ::. ' ,... ..t . ~ .. 0 . . . ...·..L r .J L, ... , See Addendum L. PRORA nONS: CREDITS: Buy.,r shell heve Ihe oplion 0' tlklng over any existing policies of Insurehce, If 8ssumable. In which .v.nt premiums shalf bl prorlled. Cash _ e increased or decreased II may be required by prorallons. Prol.tlons will be mId. Ihrouqh dey prior to occupanc "occuplnc lIOg. Advance renl And secul1ty deposit. will be clldlled 10 Buyer and escrow deposlls held bJ morlp.ge. will be credited 10 S.II prorlted based on thl curr.n' y.ar·, lax wilh due allowanc. mede 'or maximum allowable discount. homesl".. . and other exem curs al I dale whln the currenl '(ea,', mllllg. I. nol ~~:~a~~:. ~~~~~~~::f:lI~s::~r~"a~~~S :;~i~:bl'ri~:;~SI;t~1I bl prorat.d ban ompleled Improv:in~~~ :~dl~~· ~~~r ~:~~Srt;,~:gjå~~:~;rr;tt ~r8;e~"~te:I~~I~;1 ~h~~~ improvsm8nls were nol In .xlslenee 0 Ihe prior year, Ihln 'Iues .hall be þforalld ba,ed upon Ihe prior yea", millag. and II an .qIJllabl. ....ssm.n on b.lw..n Ih. parli.., lalllng which, roquo.1 will bo mad. 10 Ih. Coun~ prop..~ Appral..r lor an Informal ......m.nl lakin I ' a.aUabl. ox.mpllon., An la. proration b...d on an ..tlm.l. .hall, al raquool 01 .Uhar uY" 0' .11.., ba ,ub..quantly raadlu.l.d upon . . . , " See Addendum M. SPECIAL ASSESSMENT LIENS: Pt'nding liens a5 01 dlle 01 clollng Ihall b. Issumed b Buyel. If the m rov . c 1 pen "'0 liln Ihall be consld.r . . aroe ~n amounl equal to Ihl 1.1' .IUmlle of ....lImen( lor Ihe Improvement by Ihe ee en um N. if1lerlor walls. St'.wall! «or equlvelent) Bnd dockage do not have 8ny VISIBLE EVIDENCE oft.aks, w8te' damlge or slluc1ura dlmeg. Bnd 'hallhl Sl U , all appliances, mechlnlcal items, healing, coolin~, e'eclrlcll, plumbing syslems and machinery I" In WORKING CONDITION. Buy., ma pense, have inspections made of Ihose 11ems by I IIrm or Individual specializing In home Inspecllons l!'1d "olding an occupallonal lice" rpoSl ( f rlqulred) or by In s~j¡~~P~~~~1!1~1~~n~~:1 ~I~r~do~ :;~~r\~:r~:::eers~eh:~~r~~o;st~:~:r;~~s~cU~re~~c~~;.~o:11::~t~han 10 dlYs rWlthln thai tI~e~ ~cu~~~e~holl~f~r: ~1;~',;,~d~~I~~v~r~:I~~: Seller's wan ani in IS 10 def.cts nol reporled. If repairs or replacements are r r shall cluee such rlpalr. 10 bl mlde Bnd Ihlll pey up 10 3'M1 01 the purcha,. prlc. lor .uch r.palrs or r.plac.m.nl. .. ma be r ., 10 plac. .uch lI.m. In WORKING CONDITION, II Ih. co. I lor .uch r.palro 0' replflcemenl ..:c.eds 3:% of the purcheS8 or Seller may elect io Pj luch Ixcen, felling which eUh.r plrty may canell thll Contracl, If Seller is unabll 10 corrl prior 10 clollng, the co.1 thereol,hall be ,pal Inlo e.crow al clollng. Sell'lf will, upon rea,onable notlcl. provide utililies service and. rOPlflt for InsplcUons, Includln~ I wllk-\hrough p'rlor to clollng. allween Elllcllve Date and Ihl dale of closlny, UCe&1 lor r.p.irs' IS Slandard. S.lIar . .11 malnlaln Prop.rly, Inc udlng, bul nol IIn¡U.d 16,. Ihe lawn and .hrubb.ry, In Ih. condlllon h.raln wa..an .d. or Inary 0, Properly so damaged, cosl of ralloratlon shan bl In obllgBllon of Ihe Seller and. c oslng _hall proce.d ura escrowed al closing If the cosl of restoration exceeds 3% of Ihe . 1 ge. uyer shall have the option 01 elthe, 'Ikln~ Proper! es is I S plyebl. by vl.rtue.of such 1015 or damagl. or of clncelllng Ihl. Contract and receiving relurn 0 P. PROCEEDS OF SALE; CLOSING PROCEDURE: expense to show tllle In Buyer, wllhoul any encumbrlnCIS or change which waul render Seller', UtlB unmarke'lbl. hom Ihe da'. 01 'hI III' evl 0 the sale shall be h.ld In .scrow by Seller's anorney or by luch oth.r mutually Icceplable .scrow Igenl tor. p.rlCJ:d of nol Ion e, t Ind atler clOllnft dale. If Seller's IHle I. reodar.d unmlrkelable, through no lault of auy.r, Buyer shall,.wlthln thl S-day period. n ling of the d.llct and Seller ,hal have 30 days Irom da'e of receipt of luch notification 10 cur. Ihe delIct. II S.lIer fall. tò time' c . dlpollI(s) Ind ciolinO lundl ,hall, upon wrl"ln demlnd by Buyer and within 5 days I"er demand, b. returned 10 Buyer and .Imult c r.payment, Buyar Ihall relurn PIf'onalt~ and vlcall Prop.rty and reconvl~ n 10 SIller by special warranty d.ed. If Buyer t.1I1 1o and for rerund, Bj;'r Ihlll tlke IItle a. II, "".Ivlng III rlgh , avaln.t Sellef I' to Rny Inlerven ng de feci e.c.p' IS may be available e of waHlnUls contained tn the 'Id. II I porllon 01 Ihe purchu. prlc. Is 10 b. derlvld from Ins1l1ullonal linanclng or retlnancln e I.ndlng Inall'uUon' II '0 place, lime 01 day Ind procedure. lor closing, and lor dlsburslmlnt 01 morlo.g. ftr~~I~edS shall conlr ur,emen' 01 mor.~~~:I~~o~~"~:s .¡~n:~~~\i :fe~~~ 1~~:I~~f:~~ ~1~~b~P.~let~or;~~~~~~~:;a~o~.I~~~I:~c:~~"~U~~O~IO~I~~1~~;e.~ou~::~~~~~J~; , " . . See Addendum ~sc~wC~~:: s~~re:t S~~O:I.~~:~~~~ ~~!s~ ,~~~v~'n'ua"c~~r~rB~~: ::~ n~llr·m:U~~~I~~~d~~~n:g~~e~O~~r:~I~'~~~ïu~: :~ ~1:~r~~C:e~r~~n';:~h~~~r;;g:'y~ .~:~~ Ie:;:,!: ::~~~r:~~flr'I~~ l;a~~~:1 ~~I~~I~g:n~~e ~~til~: :1~::~~~~8:n~~~·~n\t· IPI~ot~~~~ :~ ;~~~itC~, ~~',;1 e~::{ I~~I::I~~I~~ ~~~~"dl~:~~ï~ee t~e hr¡~~t~h:r '1~~lpc~rtl:~I:~ ~Ig~~~ may d.poslt lame with the Clert of Ihe cl;cull court hiving urlsdlcllon 01 the dlsputl. Upon notl~lng In parUe. concerned olluch Icllon, alllllbUllv on 'h. DI" 01 ;"y"..Î ..i..1I :oa~ '''"lIi...¡", "A\;"t,ti 'U i~l. ekl.t¡,t ul"\:"':"'UI""'~ ¡\.II .11" 1I\;H1~ V.",..vu.i,. t",,,u;.u vul 01 escrow.'" flcen'ea rell el11te DrOker, Aglnt wltl comply wl1h provl,lon. of C aplt! 475, F.S, (19Sg , .. am.nd.d, Any .u I b.lw..n Buy.r and S.II.r wher.ln Ag.nlla m.d. a carlY b.cau,. 01 acllng .. Ag.nl h.reund.r, or 'n any tull whefeln Agenl Interpl.ads the lubJect matter of the e¡crow, A~8nt ,hall recover ..uonl II IlIornly't lee. Ind cost. Incunld with Ih. I... .nd COSiO 10 be paid from and oul of Ihe esc,owed lund. or "Ifl.al.nl and c "'y.d and awardad es courl CO.I. In favor of Ih. pr..alllng larly, Parlles agroo that Agent shall "01 be IIlble 10 any parly 0' person lor mlldellvelY 10 uyer or S.lIer 01 lems. subJec1 10 Ihl, escrow I unlesa auch misdelivery II ue to willful brelch of Ihlt Conlracl or gron negllgencI 01 Agin" . R. ATTORNEY'S FEES; COSTS: In any I1lIgallon arl.lng oul ollhl. Conlract. Ih. provalllng parly In .uch I1lIgallon whIch, lor Ih. purpo... or Ihl. Slandard, .hall Include Seller, Buyer, lilting broker. Buyer's broklr end .ny subagen's lo.lhe listing bro~er or Buyel" broker, ,hall be e"Utl.d to recover reasonable anorney·. Ie.. Ind costs. . . , S, FAILURE OF PERFORMANCE: II Buyor 1.111 10 parform Ihli Conlracl wlihln Ihe 11m. Ip.clfl.d, Including poym.nl 01 .11 d.CO.II(.), Ih. deposll(.) paid t¡r, Buyor and d.po,lIl.) ag...d 10 be paid, may ba "Ialn.d by or lor tho accounl 01 S.lIor 00 agra.d upon IIquldaf.d damag.., conoldoral on lor th. ..ocullon ollhll on"acl and In full lelllemenl of Iny claim.; whereupon, Buyer and Siller .hnll bl relieved of all obllgallons under Contract;. 8.11 . I' II . .rt' , VI r. ~J' ., ·1, I. . ;.. , '; I 'r' t " If, lor an~ r...on oth.r Ihan fallur. 01 5.11.. 10 make S.II.r', till. mark.labl. aftor dlllg.nl .florl. S.'.r 'all., n.gl.cl. or feluses to perfo,m this Conlract, Ihe Buyer ~é .eR JeealllC perrorm.nce or, elect 10 n,c.lv. the relurn or Buyer's d.po.lI(s) WI~hOUI thereby ""alvlng Iny action for damages resulllng Irom Seller's breach. e n um . T. CONTRACT NOT RECORDABLE: PERSONS BOUND; NOTICE: N.llh.r I,hl. Contracl, nor .ny nollct of II, .hall b. r.cord.d In any public r.cord., Thl. Conlracl ShBII bind end Inure to Ihe be"eflt 01 the parUes Ind th.lr successors In Interest.. Whenever the conle..1 permlls, Ilngular .haUlnclude plural Ind on. gender .hall Includ. all. Nolle. glv.n by or 10 Ih. altorn.y for any party .ha" b. 00 .flecll.. a, fI given by or 10 thaI parly. U. CONVEYANCE: slalus of Seller, sUbJ.ct only 10 mailers c I ,I leques' 0 Buyer, be Iran.terred by ee Addendum V. OTHER AGREEMENTS: No Frlor or p....nl ag..amanll or ropres.nlallon,·.hall b. binding upon Bu~ar or S.II.r unl...lnclud.d In Ihla Conlracl, No modlllcallon or chongo In Ihl. Conlract aha' b. valid or binding upon Ih. part loa unl... In writing .nd ...cul.d by I . party or partl.. In'.ndad to bo bound by II. I" L..........U..~.... .... II aL a .L . , . I t .. .. , u r . If I . r I' .- . . .. a ,,' , , L' , 9 , T 1 L'lL L lu '1 , I I , ,. . . . " The South Three Quarters (5-3/4) of the East'Half (E-l/2) of thé Southéast Quarter (SE-l/4) òf the Northwest Quarter (NW-1/4) of Section 18, Township 46 South, Range 43 East, Palm Beach.County, Florida . AND The South Three Quarters (5-3/4) of the West Half (W-1/2) of the South- west Quarter (SW-l/4) of the Northeast Quarter (NE-1/4) lying west of Lake Worth Drainage District Canal E-4. .', ' , lESS the North 100.Q feet of that part'of the South half (5 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Qua'rter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 18¡ Township 46 South, Range 43 East, lying West of the Westerly right of, way, line of Davis Road" together with the North 100.0 feet of the South-Thr~é-Quarters (S 3/4) of the , East half (E 1/2) of the Southeast Quarter (SE 1/4) of the North~est Quarter (NW 1/4) of said Section 18, less the West 40.0 feet thereof, all lying 1n Delray Beach, Palm Beach County, Florida. LESS the East 40 feet thereof conveyed' to t.he City of Delray Beach, Florida, for Public Highway purposes with rights of reverter, and Less the South 70 feet thereof previously conveyed to the lake Worth Drainage District. ALSO LESS: . . The West 30.0 feet of the South three>-quarters (5 3/4) of the East half (E 1/2) of the Southeast'quarter (SE 1/4) of the Northwest quarter (HW 1/4) of Section IS, Township ~6 Sout..'t, Range 43 E4st, Delray Beach, Palm.Beach County, Florida, less the South 70.0 feet thereot. ALSO LESS:' . . . The South.100 feet of the North 200 feet of ~~e South three- aua:ters' (5 3/4) of the F.ast half (E 1/2) of the Southeast cuarte: (SE 1/'; ) of the t10rthwes t cua:-ter (,NH1/4) of said Section ia, less the Wes t JO fee t. the rëof; tòge ~'1er ,.JÍ th the Sou t.h 100· ~eet of the llo:th 200 ~eet of that -oart ot the Socth three- quarters (S 3/4) ot the West half (~, 1/2) of the So~thwest sua:~er (S~ 1/4) of the Northeast cuárter (Nt 1/4) of sa!d Section 1S. lying West of Lake Worth D;ainageDi~trictJs Canal t-4. , All of said properties being in Sectio~ lS;1ownship 46 South, Range 43 East, Palm Beach County, Florida. , t . 1 1 _ . f. xt A ~o ~f,ð;-f . ADDENDUM TO CONTRACT FOR SALE &- PYRCHASE ("CONTRACT") BY AND BETWEEN STANLEY TATE (SELLER) AND CITY OF DELRA Y BEACH (BUYER) 1. The City and Tate have àgreed to set~le the lawsuit stayed STANLEY G. TATE, TRUSTEE v. CITY OF DELRAY BEACH, et aI., Cåse No. 93-5198 AJ ("Lawsuit") whereby the Buyer will acquire the PropertY on the terms an4 conditions set forth herein in this Contract, it being the intent of the parties that upon closing of this Contract, the conveyance of the Property shall be deemed to be a "condemnation" of the Property. 2. It is understood and agreed that if ~is Contract does not close for any reason, then the parties will resume their Lawsuit under Case No. 93-5198-AI and that the parties agree that the Deposits as hereinafter defined are to be Seller's s'ole remedy of liquidated damages in the event of default, without waiving the rights that either þarty has in connection with the Lawsuit. It is understood and agreed that there will be no specifi~ performance whatsoever for the Seller for breach of this Contract. 3. By execution hereof, the Buyer understands and agrees that the Seller has made no represéntations or warranties as to the quantity, quality or condition of the Property described herein, the suitability of zoning thereof, or the availability of permits relating thereto. The Buyer is given until May 17, 1995 ("Discovery Periòd~') to do all discovery, inspections and environmental tests of the Property. If for any reason the Buyer rejects the Property, the Buyer must notify the Seller in writing within the thirty-day Discovery Period whereupon this Contract shall terminate and the Deposit held by Escrow Agent returned to Buyer, the par.;ies shall be in the same position as they existed as if this Contract had not been executed and the Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit and the Buyer shall have not have waived any of its defenses in connection with such Lawsuit. If no notice of cancellation is given by Buyer to Seller prior to the end of the Discovery Period, the Property is deemed accepted as "ASJS.", and the conditions set forth in this paragraph shall be deemed satisfied, and Buyer shall no longer have the rfght tp ~erminate this Contract. 4. It shall be a condition precedenl of the parties that on or before May 17, 1995, the City Council of the City of Delray Beach, Florida, shall approve the Settlement Contract to wliich this Contract is attached as an exhibit ("City Approval"). In the event that the City Council of Delray Beach has not provided evidence that it ha~ approved the Settlement Agreement on or before May 17, 1995, thenthis Agreement shall terminate and the Deposit returned to' Buyer, whereupon the parties shall be in the same position as. they existed as if this Contract had not been executed, and Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with the Lawsuit. '. . . 5. The "Closing" of this Contract shali. occur on o'r before a date ("Initial Closing . . Date") which is the earlier of: (i) October 10, 1995; or (ii) five (5) days after obtaining the "Permits" (as hereinafter defined). A deposit of Ten Thousand Dollars ($10,000.00) is payable , i , FTL:28452:2 . , 1 . . , . by Buyer to Escrow Àgent upon the signing of this Agreement by Buyer ("Initial Deposit"). An additional deposit of Forty Thousand Dollars ($40,000.00) is payable by Buyer to Escrow Agent on or before the end of the Discovery Period ("Second Deposit"). The Initial Deposit and Second Deposit are, as and when delivered, collectively referred to as "Deposits". In the event Buyer has not obtained the Permits by October 10, 1995, the Buyer shall have the right to extend the Closing from the Initial Closing Date until a date ("Extended Closing Date") which is the earlier to occur of January 10, 1996 or five (5) days after the Permits have been obtained; upon providing Seller with written notice electing to extend thè Closing on or ~efore October 10, 1995. Notwithstanding anythirig contained herein to the contrary, the Settlement Price shall be increased by an amount equal to Four Hundred bolIars ($400) for each day from and after September 12, 1995 to and through the actu~l date of Closing (Le., 12 % per annum simple interest on the original Settlement Price from October .12, 1995 to and through the actual day of Closing, whereby the Settlement Price is paid to Seller). 6. Provided that: (i) before the end of the Discovery Period, the Buyer shall, at its expense, prepare and submit to Seller, the proposed site plan which Buyer desires to obtain approval of as a portion of the Permits with respect to the Property and the approximately 48 acres to the north of Property (owned by Travis and Sned), which site plan shall provide for density not to exceed six (6) units to the acre and public access from Atlantic Avenue through the Temple Sinai property to the Property ("Approved Site Plan"); and (ii) Buyer uses due diligence in obtaining the Permits, then and upon the occurrence of such events, it shall thereafter be a condition precedent to the obligations to close under this Agreement that the following "Permits" be obtained, to wit: (a) rezoning of the Property to 'permit development of the Property tonsistent with the Approved Site Plan; (b) approval of such Approved Site Plan with such dev.iations thereto as may be required by goverrunental authority, but consistent with the requirements set forth above; and (c) plat approval for the Property permitting such plat to be recorded upon Buyer paying the appropriate fees and posting the appropriate security 'in connection with the recordation - , of such plat. Buyer agrees to use due diligence and good faith efforts to obtain all such Permits. Buyer agrees to provide Seller with monthly stàtus reports as to the progress of the attempts to obtain the Permits. Additionally, the Buyer, on i~s own behalf and on behalf of any designee, shall cause any inspection reports, surveys, studies" orbther doçuments obtained in connectiop with the Property to be provided to Seller as and when such documentation is received by the Buyer or its designee. Additionally, Buyer agrees, that in connection with such Permits, Seller shall not be required to incur any liability or 'expense in connection therewith and in the event the Closing does not occur whereby the Settlement Prièe is not paid to Seller, then neither the Seller nor the Property shall be burdened by any obligatio~, J!ability or expense in connection with any such Permits (and no road right-of-way sh~1I run through the Property without Seller's consent) and, at Seller's option, all or any of such Permits (as determined by Seller) shall be vacated. To the extent such Permits have not been obtained on or before Closing (Le.. the Initial Closing Date, as same may be extended to the Extended Closing Date as provided in Paragraph 5 above) and the condition for Permits is not waived by Buyer', 'then either party shall have the right to terminate this Agreement upon delivery of writtennotic~ to the other, whereupon this Agreement shall terminate, the Deposit returned to Buyer, the p'a~ties shall be in the same position as they I , ; FTL,28452:2 , 2 . . . . . existed as if this Contract had not been executed and the Seller shall be entitled to pursue all of its rights and remedies contemplated by the Lawsuit and' the Buyer shall not have waived any of its defenses in connection with such Lawsuit. 7. The Buyer hereby expressly agrees thãt,. at Closing, title to the Property shall be conveyed from Seller to the City (or its designee) by Tate and the City executing at Closing and filing with the Palm Beach County Circuit Court having jurisdiction of the Lawsuit ("Court") the Stipulated Final Judgment in the form of Exhibit," 1" attached hereto and by this teference made a part hereof ("Stipulation"). At Closing, S~ller shall deiiver to Buyer at Closing the affidavit in the fonn attached as Exhibit "2" and by this reference made a part hereof. At Closing, Buyer and Seller shall execute and deliver the Releases attached hereto as Exhibit "3". Additionally, at Closing, Buyer shall deliver the Settlement Price to Seller by wire transfer to such account designated by Seller. ' . 8. All closing costs, including, without limitation, cost of owner's title insurance, if desired, shall be paid by the Buyer. The Buyer shall use the firm of Brackett, Cook, Sned, " . Welch, Hewitt, D I Angio & Tucker, P .A. to furnish said title insurance. If any documentary stamps are due, the Buyer and Seller agree to each pay one half. S>. The proration of taxes and assèssment shåll be made as of the Initial Closing Date , (based upon maximum allowable discount), . The Seller shall be responsible for all real estate taxes for the year 1994 and all prior years. If taxes for the year 1994 are not available, then, for purposes of such proration, taxes for the year 1993 shall be utilized based upon maximum allowable discount. The Seller shall have the right to challenge such taxes for 1994 and prior years taxes and assessments and shall be entitled to all refunds pertaining to such challenges. 10. The Closing of this transaction shall be held in the law office of Brackett, Cook, Sned, Welch, Hewitt, D'Angio & Tucker, P.A:, 2'18 Datura Street, West Palm Beach, Florida. 11. On or before the end of the Discovery Period, the Buyer shall obtain a title insurance commitment which may be utilized by the Buyer in connection with Buyer's review of title. On or before the end of the Discovery Period, the Buyer shall agrees to take title subject to the following ("Pennitted Exceptions") to,~it:(i) taxes and assessments for the year 1995 and all subsequent years (subject to the' prorations provisjons of this Contract); (ii) zoning restrictions and prohibitions imposed by governmental authority; (iii) all easements, restrictions, limitations and other matters in effect at the date of execution of this Contract; and (iv) any matters created by, through or under the Buyer. On or before the end of the Discovery Period, the Buýer shall notify Seller of any title objections which Buyer may: þave whereupon Seller shall have the option to cure any such title objections. If the Buyer fails so tiInely notify Seller prior to the end of the Discovery Period, the Buyer shall be deemed to have accepted title to the Property in its existing condition. Notwithstanding any provision contained iI1this Contract to the contrary, express ór implied, Seller shall have no obligation wha~soever to' correct any title defect of any kind unless Seller elects to do so, nor shall the Buyer be entitled to any reduction in the Settlement Price or offset against the Settlement Price by reason of same.. hi the event that Buyer timely objects to t ; , , FTL:28452:2 , 3 . . . . . , the title of the Property prior to the end of the Discovery Period, and if Seller elects not to correct or fails to correct title within forty-five (45) days 'of receipt of timely notice of any such title objection, then the Buyer shall have the option .(i) accepting title as it then is without any diminution of the Settlement Price or (ii) electing to' terminate this Agreement, whereupon the ,. Deposit previously paid to Escrow Agent shall be forthwith returned to Buyer, and the parties shall be the same position as they existed as if this Cöntract had not been executed and the Seller shall be entitled to pursue all of its rights and' remedies contemplated by the Lawsuit, and the Buyer shall not have waived any of its defenses in connection with the Lawsuit. 12. The Buyer shall not be permitted any access to the Property unless a designee designated in writing by the Buyer executes an agreement with Seller in the form of Exhibit "4" ("Access Agreement"), whereupon after such designee executes such Access Agreement, such designee shall be permitted reasonable -access onto the Property to perform its engineering, surveying and environmental tests in connection with the Property. The Seller acknowledges that the Buyer will not be perfonning such tests and has no liability as a result of such designee's tests and that such designee will be responsible to the Seller for the perfonnance of such tests or any liability in connection therewith. The only party that Buyer shall be permitted to designate as a designee shall be Exel Development Corp. ("Exel") arid Exel shall not be pennitted access onto the Property until such time as Exel shall execute and deliver to Seller the Access Agreement. 13. Each party hereto represent~ to the other that there are no real estate brokers involved in this transaction. 14. This Agreement is entered into in an attempt to settle the Lawsuit, and the conveyance of the Property by Tate to the City (or its designee as provided in this..Agreement) is based upon the threat that the Property would be condemned if not conveyed pursuant to this Agreement. Accordingly, it is the intent of the parties that there shall be no documentary stamps payable in connection with this transaction as it is exempt from documentary stamps due to such threat of condemnation. At Closing, simultaneously with the payment of the Settlement Price by Buyer to Seller, Seller and the Buyer shall eXecute .ánd file with the Court the Stipulation. . 15. The rights of the Buyer herein may not be assigned by the City without the prior written consent of Seller. The Buyer may designate" Exel as a grantee to whom the Property may be conveyed in lieu of conveying the~ame to. the Buyer. The Buyer may designate this grantee without the consent of Seller. It is understood and agreed, however, that Seller does not recognize Exel herein and gives no rights under this Contract to Exel except those rights which it may have to obtain a deed to the Property upon full p~yment 'of ~e Settlement Price to Seller. At such titne as payment is made, the Property may be conveyed to a Exel' in lieu of being conveyed to the Buyer. The rights of the Buyer hereunder may not be assigned by the City without prior written consent from Tate. At Closing, simultaneously v.;itþ a: payment of the Settlement Price to Tate, the City may designate a grantee to whom the Proþertymay be conveyed in lieu of'conveying same to the City. The City shall designate this. gr.anteewithout consent of Tate. . t , t' t F'TL:284S2:2 4 . . . 16. At Closing, Seller will release and quit daim any right, title and interest it may have in any development or access agreement(s) with thèCity of Delray pertaining to the Property at the time of the Closing. The parties acknowledge $10.00 consideration is allocated for such conveyance. At Closing, upon receipt of the Settlement Price, the Seller herein agrees to execute a quit-claim deed with respect to all lands located easCofthe contract property and west of the L WDD E-4 canal. It being the intent of this provis~oi1that the Seller will agree to execute a quit- claim deed necessary to give title up to the canal (provid~d Buyer and the designee consent to such quit-claim deed). The term "Property" shall be amended to exclude any land conveyed by such quit-claim deed. 17. Notices under this Contract shall be deemed served when deposited in the United States mail, registered or certified mail, return receipt requested, with sufficient postage and directed to the address specified below or such other address as either party may designate upon written notice to the other: ' , TATE: Stanley G. Tate, Trustee 1175 N.E.125th Street Suite 102 North Miami, Florida 33161 with copy to: Barry E.Somerstein, Esq. Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A. P.O. Box 1900 Ft. Lauderdale, FL 33302 - CITY: ~ City of Detray Beach, Florida with copy to: . 17. The Effective Date for purposes 'of the Contråct shall be the dáte the Contract (attached to the Settlement Agreement) and the Access Agreement attached hereto as Schedule 4 are executed by Stanley G. Tate, Trustee. ~ 18. This Addendum shall be deetned'a pai:t.of the Contract to which it is attached as an Exhibit. To the extent of any inconsistency· between the terms and provisions. of this Addendum and the terms and provisions of this Contract to which this Addendum is attached, the terms and conditions of this Addendum shall supersede and control to the extent of such inconsistency. Except as modified by this Addendum, the Contract remains in full force and effect. I , 1 1 F'TL:28452:2 5· . ; . . IN WITNESS WHEREOF, this Addendum has been executed by the parties. .' . . Witnesses: SELLER: . ~:~:~~^,e-5 ,.'~ ~aP S; ANLEY §t~ A TE, ;:t~e /.,..... -I; . / ~oJJ W~ l . . . P~inted Name:G !'\;": \ W, 1'\ ¥.e~ . 4A I,/e¡,s- Dated: BUYER: . CITY OF DELRA Y BEACH, FLORIDA , By: Print~d Name: . Printed Name: , Dated: ' - , . I , I , FTL:284S2:2 6 . . . . ~ IN THE CIRCUIT COURT OF THE 15TH ., JUDICIAL CIRCUIT, IN AND' FOR P~·BRACH COUNTY, FLORIDA CASE NO.: 93-S198AI STANLEY G.TATE, TRUSTEE : : Plaintiff, : : v. : : THE CITY OF DELRAY BEACH, : FLORIDA and THE LAKE WORTH : DRAINAGE DISTRICT : : Defendants. : : STIPULATED FINAL JUDGMENT , - THIS cause having come on to be heard upon Joint Motion for the entry of a Stipulated Final Judgment made by the Plaintiff and the Defendants, THE CITY OF DELRAY BEACH, FLORIDA ("CITY") and THE LAKE WORTH DRAINAGE DISTRICT' ("LWDD") , and it appearing to - the Court that the parties were authorized to enter into s~ch motion, , and the Court finding that the compensation to be paid by CITY is . full, just and reasonable for all parties· concerned, and the court . being fully advised in the premise~, it is now, therefore, . . I, FTL: 3:zJ39: i 11 £rJ, I. fa ~fr4cf. 4jJ~J~ (t...-/o 0x~;L¡-h) . , . 1- ORDERED AND ADJUDGED thåt Plaintiff, STANLEY G. TATE, . TRUSTEE, does have and recover of and from the Defendant, CITY, the "Settlement Price" as defined in th~ Contract [attached to the Settlement Agreement attached· hereto and made a part hereof as Exhibit "A" ("Settlement,Agreement")] being the sum of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200.,000) as adjusted upward by $400.00 per day from and after June 12, 1995, which shall be payable at closing as provided in the Contract attached to the Settlement Agreement (Exhibit "A".hereto) in full payment for the interest of Plaintiff, STANLEYG. TATE, TRUSTEE, in the property described in Paragraph 2 hereof; and - 2 . ORDERED that title to the property described on Exh~bit liB I! ("Property") is hereby vested in ,the [CITY OF . DELRAY BEACH, FLORIDA or its designee 'as provided in the Contract to which this is attached as an Exhibit],. upon making ~he payment , ' specified in Paragraph 1 hereof. 3. All parties shall bear their own costs and attorneys ,. . fees. 4. This case is hereby dismissed; however, this Court shall retain jurisdiction to enforce the terms, of this Stipulated Final , FTL:32339:1 I i , . . . . . Judgment and the Settlement Agreement attached hereto as Exhibit "A" . . DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, this _ day of , 199_. Judge, . circuit Court JOINT MOTION , COMES NOW the parties to·this'âction, by and through their undersigned attorneys and respectfully move this Honorable Court for entry of the foregoing Stipulated Final Judgment this day of , 1995. DAVID TOLCES, ESQ. Attorneys for LWDD Assistant City Attorney 200.E. Broward Boulevard of the City of Delray Suite 2000 Beach, Florida Fort Lauderdale, FL 33301 Attorney for Defendant, CITY OF DELRAY BEACH, FLORIDA Joseph Consolazio, Jr. , Esq. Flå.Bar No. City Attorney Fla. Bar No. . ~ i I FTL,32339:1 , . " . . RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Attorneys for Plaintiff 200 E. Broward Boulevard P.O. Box 1900 Fort Lauderdale, FL 33302 Thomas R. Bolf Fla. Bar No. 454419 - , . , , . I , FTL:32339:1 \ \ , . . . . , This instrument prepared by: Barry E. Somerstein, Esquire Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A. Post Office Box 1900 Fort Lauderdale, FL 33302 AFFIDA VIT STATE OF ) ) SS: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared STANLEY G. TATE, who is personally known to me, and who, being by me first duly sworn, on oath, deposes and says: 1. Stanley G. Tate, Trustee ("Ta}e"), is the fee simple owner of the property described on Exhibit A attached hereto and made a part hereof (the "Property"). 2. That within the pa3t ninety (90) ~ays" there has been no labor performed or materials furnished on or about the, Property for which payment(s) has/have not as yet béen made; that without the past ninety (90) days, there have béen no claims for labor or materials furnished for repairing or improving the same, which remain unpaid; and that there are no mechanics', materialmen I s or laborers I liens against the Property. . . 3. That Tat e is in sole, exclusive and actual possession of the Property other than as set forth on Exhibit B. '4. That at the time of execution of this Affí~ávit, there are no matters pending against Tate that could give rise to a lien that would atta~h to the Property between [last update of title] and the entering of the order of taking contemplated by the "Settlement Agreement" dated , 1995, between Tate and the City of Delray Beach, Florida, Case Number 93-5198AI, Palm Beach County Circuit Court ("Lawsuit") and further Tate has not, and covenants not to execute any instrument which would adversely affect title to the Property after [Ias,t update of title] other than the Stipulation to be filed pursuant to the Settlement Agreement. , 5 Tate's Tax I.D. Number is . Tate is not a foreign corporation or partnership as defined in the Internal Revenue Code. Tate's permanent address is I , I , F'TL:53199:1 I . t..- ~h ~bH ~ 1-ù AcJ d.e-.. d cJ m 4u Cö ",+'1 c-d- . ~ . , , This Affidavit is executed and delivered for the purposes of complying with the requirements of Internal Revenue Code Section 1445 and is sworn to under penalties ot perjury. , FURTHER AFFIANT SAYS NOT. , ST ANLE):'" G. TATE, Trustee . , STATE OF FLORlDA ) ) SS: COUNTY OF ) . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by STANLEY G. TATE.' He is personally known to me or who has prod1;1ced as identification. WITNESS my hand and official seal in the C.ounty and State last aforesaid this day of , 1995, - Notary Public. Typed,.printèd or stamped name of Notary Public My Commission Expires: I I ' FTL:53189:1 I , . . .'.0' . . . .' . , , . ihe South Three Quarters (S-3/~) of the E.~t Half {E-l/2) of the South¡ast " Quarter (SE-l/4) of the Northwest Quarter (HW-l/4) of Sectfon 18, Townsh1p : 46 South, Range 43 East, Pa1m BeachCounty~ F10rtda· , , AHD " , The South Three Quarters (S-3/4) of.the·WeslHalf (W-l/2) of the South- west Quarter (SW-t/4) of the Northeast Quarter (NE-1/4) lyfng west of lake Worth Drainage Distrfct Cðnat ·E-4. ' LESS the Horth,l00.0 feet of that part of the South half (5 1/2) of the Norlhwest Quarter (NW 1/4) of the SoulhweslQuarler (SW 1/4) of the Northeast Quarter (HE 1/4) of Sectfon 18" TOwnship 46 South, Range 43 . East, lytng West of the Westerly r{sht of,way Itne of Davis Road, together with the Harth 100.0 feet of the Sout~ Three-Quarlers (S 3/4) of lhe . East half (E 1/2) of the Southeast Quartèr (SE 1/4) of the Northwest Quarter (HW 1/4) of said Secllon 18, less the West 40.0 feet thereof, all lying in Delray Beach, Palm Beach County, flor1da. LESS the East 40 feet thereof conveyed to the City of De1ray Beach, . F1orida, for Public Highway purposes wt~h rights of reverter, and less the South 70 feet thereof prevIously conveyed to the lake Worth Drainage Dfstrict. . ALSO LESS: . . . The West 30.0 feet of the South tht'ee-quarters (S 3/4) of the East ha1f·.(E 1/2) of t.he Southeast quarter (SF: l/~) of the North....est ~ quarter (UW 1/~) of Section 1S, Township 46 Sout.h, Ranqe 43 £ast:, De1ray Beach, Palm.Beach County, Flori¿a, less the South 70.0 feet thereof, . . . . . ^LSO LESS: .. The South. 100 feet ot the North 200 feet of the South three- qua::te rs (S J/4) 0 f the F.as t ha 1 f .( E 1/2) of the Souttfeas t quar~e: (~E 1/4) of the Uorthwest cua:-ter (tIH 1/41 of said Section la, less the West 30 feet. ther~of; t0get..'er \.lith the South 100 ~eet of the Uo::th 200 :eet of that oart ot t.~e So\:th t:hree- , . . Guatters (S J/~) o! the West half (H .1/2) of t:he Southwest Gu'.1:-:er (SW 1/4) o~ the Northeast cuarter ,(Nt: 1/4) of said SectIon 1S, i lying West of Lake Worth O;ain~geOi~tr!ct's Canal ~~4. . All of said properties being in Section 18, Township 46 South, Range 43' . fast, Palm Beach County, Florida. ' . I , . . . I, , I þ'lJ,. A -toA+HJ4vii . . . . , , . . EXHIBIT B TO AFFIDAVIT [This schedule will be completed based on the permitted exceptions as provided for in the Contract which this is attached as an Exhibit. ] ~ . - ~ . . I FTL:32496 :1 I , I . ReiD", to: (cnclOl< sclf·addrnJ(d ItalD )fd nvclopc) SrECtAl REl[.ASE , " Name: Address: P.O. Box 1900 Fort Lauderdale, Florida 33302 This Instrument Prepared by: Address: Ruden, Barnett, McClosky, Smith, Schuster & Russell, P .A. 200 East Broward Boulevard 15th Floor - Fort Lauderdale, Florida 33301 SPACE ABO\,!; TJUS LINE fOR PROCESSL'lC DATA SPACE ABOVE THIS UNE fOR JU:<;'ORDINC DATA Know All Men By These Presents: That I/We, . The City of Delray Beach. Florida first party, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), or other valuable considerations, received from or on behalf of Stanley G. Tate. Trustee seco.?d party, ·the receipt whereof is hereby acknowledged, (Wherever used herein the terms .ifirst party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns ofindividuafs, and the successors and assigns of corporations, wherever the context so admits or requires:) llereby remise, release, acquit, satisfy, and forever discharge the said second party of and úom all, and all manner of action and actions, cauSe and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bilis, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages:judgments, executions, claims and demands whatsoever, in law or in equity, which said first PartY has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason specifically of any matter, cause or thing , nom the beginning of the world to the day of these presents specifically as to that Lawsuit styled Stanley G. Tate. Trustee v. The City ofDelray Beach Florida and The Lake Worth Drainage District, Case No. 93-5 198AI, Palm Beach County Circuit Court. ' In Witness Whereof, ha_ hereunto set hand _ and seaJ-J this _ _ day of ,A.D., 19_. . I'TL:J2JJ211 I ; I I t.y.~. 3 -k AJ/~JI/t.1 *' ~7t-~ tf . . ~ . ~igned, scaled and delivered in presence of: . , (t. s.) Witness Signature Signature , Printed Name Printed Name . Witness Signature Post Office Address Printed Name . . (t. S.) Witness Signature S.ignaturc Printed Name Printed Name Witness Signature Post Office Address - Printed Name , . STATE OF FLORlDÄ ) ) SS: COUNTY OF ) FTL:32332:1 I I ; I , . . . . . I HEREBY CERTIFY that on this daý, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to tAke acknowledgments, the foregoing instrument was acknowledged before me by . who is person,ally known to me or who has produced as identification. WITNESS my hand and official ~al in the Co~nty and State last aforesaid this _ day of_ --' 199_. Not,ary' Public Sta~e of Florida at Large My Commission Expires: Typed, printed or stamped name of Notary Public ; - . . . . . rn,,32332:1 , j I I . . . - Rtlura 10: (cation Hlf·.ddrtsJcd .'.mPfd cnrlopt) " SPECIAL RELEASE ". . . Name: Address: P.O. Box 1900 Fort Lauderdale, Florida 33302 Tbls Instrument Prepared by: Address: Ruden, Barnett, McClosky, Smith, Schuster & Russell, P .A. 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SP ACE ABOVl: rnIS Wit FOR PROCtssINC DATA SPACE AWVI: TU1S lINt FOR IllCORDINC DATA Know All Men By These Presellts: That i, Stanley G, Tate. as Trustee . first party, for and in consideration of the sum of Ten and 00/100 Dollars (SIO.OO), or other valuable considerations, received ftom or on behalf of The City of Del ray Beach. Florida second party, the receipt whereof is hereby acknowledged, " , (Wherever used herein the tenns "firstpårty" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individualš. and the successors and assigns of corporations, wh~rever the context so adnùts or requires.) Hereby remise, release, acquit., satisfy, and forever discharge the said second party of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, "bills, specialûes, covenants. contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, ex~utions, claims and demands whatsoever, in law or in equity, which said tirstp~ has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said sécond "party, for, upon or by reason specifically of any matter, cause or thing, from the beginning of the world to the day of these presents, specifically relatédto that lawsuit, and the subject mat;ter of that lawsuit., styled Stanley G. Tate, Trustee v. The City ofDe1ray Beac~ Florida and Tbe Lake Worth Drainage District, Case No. 93-5198AI, Palm Beach County Circuit Court. In Witness Whereof, ba~ hereunto set hand_ and seal-o tlús._ _ day of . A.D.; 19_. rrL.3232011 I , t t . . . . . Signed, sealed and delivered in presence of: . , (L. S.) Witness Signature . Signature . . , Printed Name Printed Name Witness Signature Post Öffice Address Printed Name (L. S.) Witness Signature Signature '. Printed Name Printed Name Witness Signature Post Office Address - Printed Name STATE OF FLORIDA ) ) S5: COUNTY OF } . rrL.32320.1 , . . . I ; . . .. J HEREBY CERTIFY that on this day. before me, åriofficer duly authorized in the State aforesaid " "ànd in the County aforesaid to lake acknowledgments. t~e foregoing instrument was acknowledged before " me by . who is personally known to me or who has produced as identification. , . WITNESS my hand and official seal in the Co'u~ty and Slate last aforesaid this _ day of _ --,199_. Notary Public State of Florida at Large Typed, printed or stamped name of Notary Public My Commission Expires: - , . . . FTL.32320.1 I , t t . - . . . ACCESS AGREEMENT Tl-IIS ACCESS AGREEMENT ("Access Agreement") is made this day of , , , 1995, by and between.STANLEY G. TATE, TRUSTEE ("Tate") and ("Licensee"). WHEREAS, Tate is the owner of that certai~partel of property locate~ in the City of Delray Beach, Palm Beach County, Florida, more particularly described on Exhibit "A", attached hereto and incorporated herein ("Subject Property"); and WHEREAS, in an attempt to settle the litigation in connection with the case styled Stanley G, Tate. Trustee v. The City of Delray Beach. et at; Case No. 9J-5198AI ("Lawsuit") Tate and the City of Delray Beach, a Florida municipal corporation ("City") have entered into a certain Settlement Agreement ("Settlement Agreemept") which includes as an exhibit a Contract for Sale and Purchase ("Contract") both dated , 2995 for the settlement of the Lawsuit; and . ~EREAS, pursuant to the SettlementAgreement and the Contract, during thè "Term" (as hereinafter defined), Tate desires to allow Licensee to enter upon the Subject Property for the sole purpose of conducting such engineering, enviroI1IÍ1ental, surveys or other similar inspections ~ or investigations (collectively, "Inspections ") subjectto the tenns and conditions hereinafter set forth. . NOW, THEREFORE, in consideration of·theforegoing, the sum of TEN DOLLARS ($10) and other valuable consideration, the· receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as follows: 1. Recitations. The recitations set forth above are true and correct and are incorporated herein by this reference. Access. The term of this Agreement ("Term") shall be from the date hereof until , 2. the earlier to occur of: (i) the Closing under the Contract; (ii) any earlier tennination of the Contract; or (iii) any default by Licensee under this Access Agr.eement. During the Term, Licensee shall have access to the Subject Property during reasonable times and upon reasonable notice to Tate for the sole purpose of conducting the Inspections. Licensee's access to the Subject Property and its conduct of the Inspections shall be at the sole cost and expense of Licensee and at Licensee's sole risk and shall be perfonned in such a manner so as not to interfere with Tate's ownership of the Subject Property, injury persóns or prqperty, or to violate any law or regulation of any governmental authority. Upon completion of the Inspections and prior to the end of the Tenn, Licensee shall restore the .Subject Property to its former condition existing prior to any of such Inspections. Licensee shall not permit any Hens to be placed upon the Subject Property, Licensee shall immediately remove same by payment or bonding pursuant to the requirements of Florida law so that same is no longer a lien against the Subject Property. , , 1 1 FTL:53199.1 S k~' Y. hJAJd (/.v"} ¿<.In, r/v Q r- -I "-0. cd- :>V . \"\- . . ~~ , 3. Indemnification. Licensee hereby indemnifies and holds Tate harmless from any and aU loss, damage, judgments, c1:lÎms and threàts of claims, including, but not limited to attorneys' fees and court costs through all trial and appellate levels, in connection with Licensee's, or its agents' access, to the Subject Property or any Inspections, including but not limited to, any injury to person or property, in connection. with any liens or claims of lien against the S,:!bject Property arising in any way out of the Inspections or Licensee's access upon the Subject Property. The provisions of this Paragraph shall survive the expiration or earlier termination of this Access Agreement. . 4. Additional Covenants. Licensee hereby covenants and agrees that it shall provide Tate with montWy status reports of the progress of all~ctions which it takes in ~onnection with the Property, including, but not limited to, any ~nd all gover:nmental approvals which it O{ its agents are attempting to obtain in connection· with the Subject Property. AdditionaÍly, the Licensee agrees to provide to Tate copies of any and all documents which Licensee obtains in connection with the Subject Property, including, '..but not limited to, surveys, studies, environmental reports, soil reports, site phins. copies of applications for any governmental approvals and any other documentation obtained by or òn behalf of Licensee in connection with the Subject Property. The provisions of this Paragraph shall survive any termination of this Agr~eII?ent. 5. Termination. Upon expiration of the, Term, Licensee's rights hereunder shall terminate, Licensee shall have vacated the Subject Propertý and removed any and all machinery, equipment or other personal property belonging to Licensee or its designees and shall return to the Subject Property in all respects to its former condition: - IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above. Witnesses: STANLEY G. TATE, Trustee LICENSEE: , a By: Its: 1 FTL:53199:1 I 1 , , , - ~ ~.. . '. . , The South Three Quarters (5-3/4) of the East Half (E-1/2) of the Southêast Quarter (5E-1/4) of the Northwest Quarter. (NW-l/4) of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida . . AND The South Three Quarters (S-3/4) øf t~e West Half (W-l/2) of the South- west Quarter (SW-l/4) of the Northeast Quarter (HE-l/4) 1ying west of lake Worth Drainage District Canal E-4. '. LESS the Horth 100.0 feet of that part of.the South half ($ 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (HE 1/4) of Section 18, Township 46 South, Range 43 East, lying West of the Westerly right of way line of Davis Road, together with the North 100.0 feet of the South Three-Quarters (5 3/4) of the East half (E 1/2) of the Southeast Quarter (SE 1/4) of the Northwest . Quarter (HW 1/4) of said Sectton,.18, less the West 40.0 feet thereof, all lying 1n De1ray Beach, Palm Beach Coun~y. Florida. ' LESS the East 40 feet thereof conveyed to the City of De1ray Beach, Florida, for Public Highway purp6ses ~tth rights of reverter, and less the South 70 feet thereof previously conveyed to the lake Worth Drainage District. . ALSO LESS: . , The ~e9t 30.0 feet. of the South three-quarters (5 3/4) ot the East' half (E 1/2) of the Southeast quarter (SE 1/4) of the Northwest quarter (UW 1/") of Section 1S, Township 46 Sou~", Ra.nge ~3 East, Delray Beach, Pa.lm.Beach County, Florida, less the South 70.0 feet thereot. . . . ^LSO LESS: . The South. 100 feet ot the Horth :200 feet of the soüththree- qua::te rs' (s 31 ~) 0 f the f.as t ha 1 f tEll 2) of the Southeas to quar~e: (Sf; 1/41 of the tlorthwest cua:-ter HIt~ 1/~J of said Section 13, les s the Wes t 30 fee t. therèo f; toge t.'1e r ,~i th the Sou th 100 ~eet of the lIo=th 200 ~eet of that oðrt ot t..J.ae Socth three.. quarters (5 J/~) of the West half (~ 1/2)' of the Southwest qu~::er (SW 1/4) of the Northeast cuarter (lU: l/~) of sa:d Section 19, lying West of Lake Worth O;ainage Dist~!ct's Canal t-~. All of said properties being in Sëètion J8, Township 46 South, Range 43' . East, Palm Beach County, Florida. . . . . I . . . I t () I I .' . t-N. . A 10.. hl$j !&lee,ltf'11 . . . · - RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD MIAMI FORT LAUDERCiALE, FLORIDA 33301 SARASOTA NAPLES TALLAHASSEE POST OFFICE BOX 1900 FORT I.AUDERDAlE, FLORIDA 33302 (305) 764·6(,60 MIAMI (305) 769-2700 WRITER'S DIRECT DIAL NUMBER BOCA RATON (407) 392·9771 FAX (305) 764·4996 (305)527 -2405 April 21, 1995 FEDERAL EXPRESS William H. Sned; Jr., Esquire 218 Datura Street West Palm Beach, FL 33402 Re: Agreement by and between Stanley G. Tate, Trustee, and The City of Delray Beach Dear Bill: Enclosed herewith please find the following: 1. Three (3) copies of the Settlement Agreement which have been executed by Stanley G. Tate, as Trustee. Please note that attached as an Exhibit to the Settlement Agreement, is the Contract for Purchase and Sale which have also been executed by Mr. Tate as Trustee. 2. Three (3) copies of the Access Agreement executed by Stanley G. Tate, as Trustee. 3. Copies of the documents which were provided by Mr. Losigno to Mr. Tate last week which do not relate to his transaction in attempting to settle the lawsuit with the City. It appears to be a separate agreement for which he is not a party. I am providing the documents referred to in Paragraph 1 and Paragraph 2 to you in escrow pending your confirmation of receipt of: (a). the deposit and your execution of all copies of the Contract acknowledging such receipt of such deposit, and (b) a letter from Mr. Losigno and his firm confirming that Stanley G. Tate, individually and/or as Trustee, has no obligation for any brokerage or finders' fees to such party. When these conditions have been satisfied" you are authorized to deliver the executed Settlement Agreement to the City with escrow conditions that they are to be returned and the deal with be null, v.oid and of no further force and effect at the option of Mr. Tate, as Trustee, in the event that a fully executed Settlement Agreement and i FTL:S3943:1 . - William H. Sned, Jr., Esquire April 21, 1995 Page 2 Contract is not delivered to the undersigned togetherwitb confirmation of the City's approval of such transaction contemplated by such agreements by May 17, 1995. The Access Agreement shall not be released until the earlier of: (a) the execution of such Access Agreement by Exel, whereupon a duly executed copy of sme should be delivered to the undersigned, or (b) prior to the execution of the Access Agreement by Exel upon my written request. You had indicated to me that you had spoken to the City attorney and he would confirm that the prior Settlement Agreement and documents previously executed by Mr. Tate were null, void and of no further force and effect. I have not received such documentation as of this date and I would appreciate your following up on same. Please note, I am enclosing herewith red lined pages showing the changes which were made to the documents from the prior draft. Please note that, by incorporating the revisions into the Addendum, there was no need to have a Second Addendum. Let me thank you for your cooperation and assistance in this matter. Kindest personal regards. Cordially, ARNETT, McCLOSKY, SMITH, R & RUSSELL, P.A. BES/sap Enclosures . . . , i FTL:S3943:1 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. . . . . . , . . . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM i qC - MEETING OF MAY 16. 1995 PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS DATE: MAY 15, 1995 Attached is a copy of the analysis prepared by David Miller for the Ingraham Avenue proposal. This proposal utilizes all of the roadway on Ingraham. It would provide a net gain of approximately thirty (30) parking spaces. The option of just using half of the roadway would not permit double loading parking. At this writing, the City Attorney is still investigating the right-of-way issue. S//tó!96 - (!~ & ~ ~ ~ aiL ~rA-~ é ¡'. e. - It.l-h//c' Llù1tJ ~~-f VI'S/-!- -k:; 1'1,;) So, O(!.~/I1'} on ,Ç,e/DR£{ .s /19 } - I Et:jfr/¡,llES £E.-Zh:J.eRhl'l1l1 ~R.Owlk-( - /npuf km ~M/;¡¡m &n~ ~/oIE/]Ýs ~ rm~} ~ ið bI6/9s- ref:agmemo20 . . . . . David Miller and Ass 0 cia t e s, P.A. David R. Miller, A.I.A. MEMORANDUM TO: JOE WELDON/BOB BARCINSKI FROM: DAVID MILLE~ PROJECT: BEACH PATROL FACILITY/SITE ANALYSIS SUBJECT: INGRAHAM PARKING LOT AND ROADWAY DATE: MAY 15, 1995 Attached please find information on the above-referenced site for inclusion with the previously prepared report. The information includes a site analysis (page 4.1), a site plan, and modifications to page 5 of the report ranking this site in relation to the others. Please let me know if you have any questions or concerns. Architecture Planning Construction Management Interior Design 105 South Narcissus Avenue ·West Palm Beach· Florida· 33401 (407) 655-1775 . · ~ F: Ingraham Parking Lot and Roadway: This site was suggested by a resident of the City and combines the existing parking area along with the Ingraham Road right of way. The optimum usage of the combined areas is for parking lot access off Gleason Street to the west, a double loaded parking area (approximately 60 spaces), and the Beach Patrol facility at the east end of the site. There is adequate frontage to include a one way access drive off AlA. The attached site plan shows this configuration and indicates an alternative entry off Gleason Street which would necessitate new curb cuts and would not align with Ingraham Road to the west, but would provide additional parking (approximately 4 spaces). The Beach Patrol facility would be a two level structure which would be built into the existing grade (which is similar to the conditions at Sandoway and Anchor Parks). There is not adequate grade differential for the lower level to be placed fully under the upper area without extensive cut and fill and removal of the access drive at the east end. The public restrooms would be incorporated into this site. The additional costs which may be incurred at this site include removal of the existing roadway, new paving and drainage, landscaping and irrigation, as well as site lighting and signage. These additional costs could range between $75,000 and $80,000 in addition to the construction of the Beach Patrol facility. (4.1) , . -----.-- .. .' - ----- . I I AL TERNA TE ENTRY I I I I I I INGRAHAM ROAD RIGHT-OF-WAY I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PARKING I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ·, .- . IV: CONCLUSIONS AND RECOMMENDATIONS: The conclusions and recommendations to be drawn from this site analysis should be categorized into several distinct areas. These include: Cost - the anticipated costs for the new facility exclusive of property acquisition; Operations - the operational needs for the facility; and, Maintenance - the short and long term costs to keep the facility operational and maintain it over time. COST Based upon the previous analysis, the sites can be ranked from least to most expensive: 1 : Sandoway Park 2: Anchor Park 3: AlA, adjacent to Fire Station #2 4: Ingraham parking lot and roadway 5: 142 South Ocean Boulevard 6: Atlantic A venue, East of A 1 A OPERATIONS Based upon the previous analysis, the reports attached in the appendix, and the known operational needs of the Beach Patrol, the sites can be ranked from best to worst in this category: 1 : Atlantic A venue, East of A 1 A 2: (tie) Sandoway Park Anchor Park 142 South Ocean Boulevard (new facility) Ingraham parking lot and roadway 3: (tie) AlA adjacent to Fire Station #2 142 South Ocean Boulevard (renovate existing) MAINTENANCE '- Based upon exposure, site location, expected building materials, and ongoing usage, the sites can be ranked from least to greatest maintenance and operational costs required over time: 1: (tie) Sandoway Park Anchor Park 2: (tie) 142 South Ocean Boulevard (new facility) AlA East of Fire Station #2 Ingraham parking lot and roadway 3: Atlantic Avenue East of AlA 4: 142 South Ocean Boulevard (renovate existing) (5) , · .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ¡j}{ITY MANAGER SUBJECT: AGENDA ITEM # q ~ - MEETING OF MAY 16. 1995 PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS DATE: MAY 12, 1995 At the workshop meeting on May 9, 1995, Commission directed staff and the City's consultant (David Miller and Associates) to evaluate a suggestion from Mr. Robert Neff concerning Ingraham Avenue and the location of the Beach Patrol Headquarters. At the time the agenda was complete, the site analysis for the Ingraham Avenue proposal had not been received from David Miller and Associates. This material will be hand delivered as soon as it is available. ref:agmemo16 ; ! -.',. t 4'/24 TO: Planning -- Please evaluáte this idea. - '- . . . ,- Thanks! DTH/mld MAY - ~ 1995 . 300 s.Oce~!JYBí'V:d.·: Delray Dl;?ùch, FL 33483 A P r i ~ .2? _'.__._~_: 9 5/"" 7--' - " f~ Delray Beach City Commission 'r-:¡::Cf/\/Fí) I Delray Beach, Florida '(- 2 !\ ·'r? 1 IY95 ,/ ell-V~~H ',,- ~ '-, I '. ,;~,~Alitl1 SO/- FlCE Dear Commissioners: J '--.-'.;.:;;;.0_:,-=..:.0<..-,... if Please consider saving $650,000 for Delray Beach taxpayers and also provide a great Ocean Boulevard location for the beach patrol building. By moving INGRAHAM AVE North 45 feet (Gleason to Ocean Blvd.) you double the amount of parking spaces. If you use 50% of the increased parking space for the beach patrol building, you have created a great site for this activity and have increased beach parking by 50% at this location. Other creative uses of this property can be achieved by closing or creating one-way traffic on Ingraham Avenue as there is a surplus of east-west cross streets in this section of the city. Sincerely yours, ,'j /. . .,,¡j' I ./ ' . "1-' I /'/ / Robert H. Neff Ohio-Florida developer retired ~)'~~E\~lr~" '. . ,..,.... < \ "t,· : - .' ~ f, \:.,..-';..-. ~ ~ ~JD APR 2·1 1993 PLANNING (1 ZONING MEMORANDUM TO: Diane Dominguez, Director FROM: John Walker, cfL ø.JL~ Project Coordinator, DATE: May 5, 1995 SUBJECT: SUGGESTION FROM ROBERT NEFF CONCERNING INGRAHAM AVE. Mr. Robert Neff suggested that additional parking could be gained in the Ingraham Ave. parking lot by moving the road 45' north. Although the specific suggestion would not result in additional parking, a site visit shows there is a possibility to more than double the existing parking. There is a condominium on the south side of Ingraham Ave. which takes access from Gleason St. into a parking garage. There are no driveways on Ingraham Ave. For the block from AlA to Gleason, the only access points are to the City parking lot. Ingraham Ave. parking lot provides 49 parking spaces, single loaded. The total distance from the south side of Ingraham Ave. to the north side of the parking lot is approximately 70' . A double loaded parking lot requires 64' or less. Ingraham Ave. could be closed as a street, and the road and parking lot could be rebuilt as a double loaded parking lot, with driveways on AlA and Gleason, located approximately 25' north of the existing Ingraham Ave. This would net approximately 108 spaces, an increase of 59 spaces. There would also be room for additional landscaping to buffer the adjacent properties. In addition, a portion of this property could be the location for the new lifeguard headquarters. T:\advanced\INGRAHAM AlA r -+---1 ~ ~ S! ~ ~ ¡ 45'1 .~ i ! Ii ¡ ~ j 7(J , I ¡ ~ ~ I ,d-i.A ¡ ! r I I I I \> : I j ! t 1 ,~ 1 'I f~ r~ ',- ~ ~ ~ 'i I Z~I I~ , ¡ ; I I ! I ! ! ! ¡ , ¡ . . · A/A I r ~ - ~ 4.s-' ~ "" 7(/ , ì . ' piP I I I I ( I I I '" II ~ ! I I ~ ' I ~ I I 'i i ~ ~ " ~ ~ 'I I 'Z $"' \¡j I I , ¡ ¡ . ! ¡ I . . . May 14, 1995 To: The Delray Beach City Commission From: Carolyn Patton I have asked Mr. Barcinski tc. include this letter in his late delivery to you because I feel very strongly that the purchase of the Sandoway House deserves further study by the City due now to a new development. Aft er receiving a fund i ng pr opc.sal frl:,m John Johnson on Friday morning, the Tr LIst fc,y Public Land contacted me peysonally Friday afternoon (about 2 p.m.) (John Johnson was in Jacksonville and they had my phone number as a backup). The Trust is a huge national "white knight" that comes in and helps municapalities when they feel an his tor i ': property is threatened--as the Sandoway House certainly is. They want to come see the property THIS Friday. NI;)t only does this show tremendous promise in and I;:.f i t se If, but the fal:t that the very f i y st funding proposal sent out garnered immediate response shows to me that the grant and funding options weye in no way fully explored prior to your vote. I know Mr. Doug Randolph did his best, but wi thclut spec i fic ex- pertise in the historic area, and wi thc.ut being asked t,;:, send c.ut any visual presentations, it would be impossible for any human being to come up with funding. These major funding sources were never contacted: Palm Beach County (including Tourist Development Council) FAU (always wanted a presence on the ocean) Gulf Stream (this is a needed resource fClr their children, as well) Delray Beach Historical Society (,just coming off the most successful fundr a i ser in their history, raising ovey $100,000) The Lattner Foundation (named for a man who for many years lived just d,:,wn the road) Mc.r eover , there are Preservation grants from the state which depend on native plants and animals on the I andsc ape, yet the city horticulturist has never even visited Sandoway House, and there exists no catalog of the landscape. I continue to ask you to look into this because of the strong sentiment all over this city that if the price is right, this is an opportunity we shouldn't miss. I deeply care about our vanishing history in the beach area. Just last year, we watched helplesssly as one of the most historic residences on this coast was bulldozed (the M,;:.rrell home) . And I see this happening over and clver again. The Sandoway House may be the last chance we ever get to preserve the history of this era. Thus, I think we need to give it our best eff.;:.rt. And I think you need all the facts pr iClr to making a decision that effects a city's future this way. Please let us take a team approach to this and bring back a complete funding report as soon as possible. . . A clear majority of the Commission was willing to study this prior t.;:J the vot e , now that new information has come forward, I feel we owe it to our city and ';:Jur chi I d r en , before tying up other park space for a lifeguard head- quarters, to study this. The lifeguard headquarters funding could be the dif- feren.:e in making this happen. Many .;:Jf these funding sources could requiY'e a paY'ticipation by the city. The funds are theY'e now. Let us tY'Y our best to add to them. ¡¡p~ CaY'olyn H.R. Patton cc: David Harden J';:Jhn Jc.hnson Bob Barcinski Susan Ruby . T H E . TRUST F 0 R PUBLIC LAND II1II May 5, 1994 Mr. John Johnson The Historic Palm Beach County Preservation Board P.O. Box 1221 Delray Beach, Florida 33447 Dear Mr. Johnson: The Trust for Public Land (TPL) is a national not for profit conservation organization founded in 1972 to assist public agencies in the acquisition of land for the public's use and enjoyment as parks, open space, and recreation facilities. To facilitate public agency recreation and open space programs, TPL has created a number of mechanisms to assist counties and other public agencies in acquiring property that they can not immediately fund. In addition, we assist counties and cities in identifying and obtaining grants and other funding for projects they deem desirable. I have enclosed an information packet that discusses, in greater length, TPL and the services we provide. I hope that this infòrmation answers your questions and concerns about our organization. If not please feel free to contact Al Esther, Project Manager, for further assistance. Thanks for your interest in The Trust for Public ~' 'z:;f ¿i' / y' Dana Marie ucker Administrative Assistant Enclosures :3,'l'THH~T REGIC:-; 21\.~~~ \.~E:--;TER\·ILLE f'.Lì T --\ L ~ :\ H _-\ -:: :: t. t. Fi.....'R~DA ::<'';'--+,~~ F-\\ ,~.''¡, ~~:<~~'(' (1.)04) 4~~-1404 @ - i . HO"V THE TRUST FOR PUBLIC LAND OPERATES What is The Trust for Public Land? The Trust for Public Land (TPL) is a national non-profit land conservation organization founded in 1972 to protect land for the public's use and enjoyment. TPL has safeguarded more than 700,000 acres of historic, natural and scenic lands throughout the country. Not a membership organization, TPL works with private landowners, citizen groups and public agencies at all levels of government to solve problems associated with complex conservation real estate transactions. TPL can act quickly to buy land to protect it until public funds are available. These lands are eventually purchased from TPL by public agencies that can provide permanent stewardship. In addition to technical assistance, TPL offers training to citizens, nonprofits and government agencies on ways to protect land. How does TPL work with the government to protect land? TPL is an independent private organization - not a government contractor. TPL is a partner with government in realizing its goals of acquiring land for conservation and public use. TPL acts at the invitation of a landowner or government agency to help bring conservation lands into public ownership. TPL takes on the most difficult projects that government agencies might not be able to accomplish on their own, and can take risks that government agencies cannot. TPL has no guarantee that government agencies will be able to subsequently acquire the resource lands in which TPL invests time, energy, capital and operating funds. There is no charge to public agencies for TPL' s services. rVlzat percentage of TPL's income comes from land transactions? Over sixty percent of TPL's operating income comes from contributions from landowners involved in our open space transactions. Willing sellers of land having significant scenic, recreation, historic or wilderness value often choose to sell their land to TPL at a price below market value, thereby making a charitable donation of land value to TPL. Landowners recognize that bargain sales to TPL are voluntary. TPL retains the landowner's gift of land value to pay for costs of the acquisitions, to buy important conservation lands, and to help others save land. Donations of land value, which may generate a tax deduction for the landowner, may provide support not just for the transaction at hand, but for the full range of TPL's public benefit activities. Landowner donations to TPL do not affect the fair market value of the land, which governmental agencies use as the basis for land purchases. When TPL sells the land, the saJe price is based on the land's appraised fair market value, as determined by the acquiring government agency. · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Y MANAGER SUBJECT: AGENDA ITEM # q 1J - MEETING OF MAY 16. 1995 SEACREST PROPERTY ACOUISITION DATE: MAY 12, 1995 At the March 14, 1995, workshop meeting, City Commission agreed to commit $300,000 toward the acquisition and development of the property across from Atlantic High School provided Commission received a firm commitment from the County and the School Board for their share. At this workshop, Commission also agreed to initiate a right of first refusal with the property owners of both the original parcel (NationsBank) and the gas station property (Rajesh Patel) for a period of 90 days from date of execution. Right of First Refusal Agreements were approved by Commission on April 18, 1995, and were executed on May 2, 1995. Subsequent to the workshop, a letter was sent to Ms. Jody Gleason, Chairman of the School Board, outlining the City's proposal and seeking a commitment. We have not received a formal response to this letter. However, at their May 3rd workshop, the School Board approved its capital construction priority list for the 1995-96 school year and agreed to increase borrowing through Certificates of Participation to fund all of the projects approved. A total of $2 million was allocated for restroom repair and cafeteria expansion at Atlantic High School, but no funds were designated for the Seacrest property project. The School Board will be voting on the list and the COP funding on Wednesday, May 17, 1995. Direction is requested concerning Commission's position on the Seacrest Property to determine if there is any consensus to make any changes in view of the School Board's priority list. I&t ~ctwn} ~~ A9/}, ~ (iJ ~ db¡ / ~ ~ e6I- ~/17/'15 &h~ ~ ~ J Wd.I, motiu ~ I»L ~ ~ rk:d r 6u. -~ ~ D.i:{núI--. tc ~ ~ fY1ðf~ cr1nC¡ ~':;'I m;~ k.¡ ~ c;)) /996 (~"6/sr~~). ~ ¡rIo ~ ~ ~ ref:agmemo12 I ~~~ 5-0 , · - [IT' OF DELAA' IEA[H DElRAY BEACH , lOR lOA baI:II 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243·7000 AII·America City , III I! March 17, 1995 1993 Mrs. Jody Gleason, Chairperson The School Board of Palm Beach County 3340 Forest Hill Boulevard West Palm Beach, Florida 33406-5869 Re: ACqUi1.ition/Development Seacrest Property Atlantic High School . ,iF Dear Mrf/'GI son: Last fall the City Commission was approached by a citizens' group, which includes Atlantic High School parents, asking the City to look at possibly acquiring and developing a 3.9 acre tract of land, just west of Atlantic High School, for the school's use. City Commission established a citizens' task team consisting of members from the school parents' association, school staff, City staff, County staff and residents near the site to make recommendations to the City concerning joint government acquisition and development of the subject site. The task team recommended that the City, County, and School Board en ter into a joint agreement for the acquisition of this site and construction of a field house, similar to the one built at John I Leonard, with parking on this site. The project would provide the school with the gymnasium, weight room and wrestling room they need and would provide the City and County with additional space to conduct recreation programs. The County would then also get the additional parking they / need for Aqua Crest Pool. .~ THE EFFORT ALWAYS MATTERS \:!) D'-:"1tf:1d all Rf:;cyc/ed D,l{JfJr · Mrs. Jody Gleason Page 2 Cost estimates are as follows: Acquisition $ 400,000 Demolition 50,000 Site Work/Parking/Landscaping 300,000 Building Construction 1,000,000 Architectural/Engineering Services (Building and Site Work) 1 ?O,OOO $1,870,000 Contingency (7%) 130,000 $2,000,000 The City has received a verbal commitment from Commissioner McCarty to contribute $400,000 to this project. On March 14, 1995, the City Commission made a commitment to contribute $300,000 to this project, provided that we can get a formal commitment from the County and School Board. We have directed our staff to send a letter of intent to acquire with a 90-day option. We are asking the School Board to review our request for your participation in this project and to commit with us to make this project a reality. We ask that this request be included in your Capital budget reVIew process. If you have any questions, please contact me. Sin~ . æv ./ , / 'T OMAS E. LYNCH Mayor TEL:rab:kwg cc: Palm Beach County School Board Members Dr. C. Monica Uhlhorn, Superintendent, P. B. County School Board Robert A. Barcinski, Assistant City Manager Carole Shetler, Principal, Atlantic High School Elizabeth Decker, Area I Superintendent [IT' OF DELAA' IEA[H DElRAY BEACH I lOR . I) A baI:II 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City , III ETo MEMORANDUM David T. Harden, City Manager 199 ) ~Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: AGENDA ITEM #/ CITY COMMISSION WORKSHOP 3/14/95 SEACREST PROPERTY ACQUISITION {DEVELOPMENT DATE: March 9, 1995 At the February 14, 1995, City Commission Workshop the Seacrest Property Task Team recommended that City Commission pursue acquisition and development of a field house and parking, on the property across from Atlantic High School, jointly with the School Board and the County. After discussion Commission requested additional information. This included asking price, verification of what the County impact fee dollars could be spent for, further input regarding possible School Board commitment, cost estimates and a proposed break down of cost shares. Estimated cost and breakdown of shares is as follows: Seacrest Property Acquisition and Development - Estimated Costs Acquisition $ 400,000 Demolition 50,000 Site Work/Parking/Landscaping 300,000 Building Construction 1,000,000 Architectural/Engineering Services (Building and Site Work) 120,000 $1,870,000 Contingency (7%) 130,000 $2,000,000 County Share $f,400,OOO City Share 200,000 School Board Share 1.400,000 $2,000,000 The City share is an estimated assumption on what our share might be. Staff has made contact with the property owner, Nation's Bank, and they have indicated that their asking price is $400,000. However, we have been informed that another party has put in a letter of intent to purchase this property, which expires March 21, 1995. If we are interested we would need to send out our own letter of interest. I have also contacted Mr. Zabik to discuss this project/proposal with him. He indicated that the request for School Board participation would have to be included in the capital THE EFFORT f.\LvV,\';S M4TTEHS @ prí,.,t~do(, ,r{er""'''(' 0.··'.~'r ..,..... ¡, -"..1"._ .:.....,,0. Agenda Item # Seacrest Property Acq.jDev. Page 2 budget process this year, which will not be finalized until September. He also indicated that staff was preparing a very bleak, pa~s~ou-go, 5-year capital budget that will have minimal amounts for capital expense. County staff has indicated that County recreation impact fees which are being looked at for this project can only be used for a County park or facility based on verifiable growth. Acquisition and parking are not allowable uses of these funds. County staff is, however, looking at possible alternative sources that may be used, but do not have an answer as of this date. At this point, I would recommend no action be taken until we can verify County financial participation. Based on that verification and approval as to use, it would be appropriate to request School Board participation in the project. This would still leave the possibility open, based on final input from the County, as to whether the City and County could proceed with acquisition and development for parking without the School Board participation at this time. RAB:kwg File:g:agenda Doc. :JointAcq.AtI . .~ .-'-;;~:/;.'" ;~~~;:~~:."::>' .: . . ... .".' .., .' ". : ........ :'" . .~·:..~·:{~:';~;.··~::¡·é;.;; :.... ': ::;'=ç,',:. . ..... :~_...:..-". ._~._...,." . ¡. ,.' ..... -- . - -- .4 ._____.___ ~L. -;:.-.-..:. -- -- .....~:.¡: . ." -----~, . ~} . f. ' , .:: ' ".-.¡. . , ì w· :, ., I 'I I ~.'~ I " ' . .I : I ! . I I .¡~."'.' . ,\ , ., 'j"::.' . .. t·~§.. . . I ·,"V I , . ' . t- - U'J - -I I ;; . I m a t . I : I -- c;n -I . 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(/) ~ p. ~ð5 Ë ::: .~ j 0::. o - ~ ~ u ~ §: 8 ë (I; a::: .. fi >: ~ IJ'J ~ ~:: 5~ ~ ~ ~ 0 IJ) ~ ~oro~ ~~~·-Wo~~~m~v~~~-o~Eo~~vQ~~ c~ § ( )~ UZ.5~~E ro~~~t- ~~~u~_rox~~ O~~o( )~~ -0: È ü:lJ)~:~ ~.o._er6: ,~.S·~c6.513~ ~=:r¿.g_~.~..c:...;? o .cC,)'ODID O'\::UJot';'OD _o-oo<QCtI ~oo......roctlÆQ.)s::..c ovcot:5t-.c' --" -< ..111:0 >....._",,,,,¡¡¡ _..:a~"~""''''lí'''''''¡'-'' ""~'A~--.." _._..___~.._:.: r.n.5 3.. ~a.. ([ ~. <u;.5-..9-IIl·--¡.'oo o.E_.,Q.'p ==.E.s: 0... c: ~ ~. cf.. Q' c m,' ;-:~!I~ A.tt :v 8.-5-5-EvUJ ,5 go§. b:::~~-,¡:::'[):S ~ ··.Ëæ,f;~ - · . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # 9. E. - MEETING OF MAY 16 , 1995 REQUEST TO PURCHASE CITY OWNED PROPERTY /EBENEZER WESLEYAN METHODIST CHURCH DATE: MAY 12, 1995 This is before the Commission to consider a request by the Ebenezer Wesleyan Methodist Church to purchase City owned property at 201 S.W. 6th Avenue. This 26 by 135 foot parcel is located between two properties that the church owns on the north side of S.W. 2nd Street, between S.W. 6th and 7th Avenues. In August, 1994, the City offered to give the property to the church in exchange for an equal piece of the church's property in order to create contiguous City and church parcels. The church notified the City of their need for the entire parcel to provide the maximum amount of parking. In order to purchase City owned property, the Commission must direct staff to investigate whether the parcel is needed by the City, determine whether the City or applicant will obtain the appraisal, and determine a fair market price. Recommend the City Attorney's office evaluate the possiblity of sale of this property to Ebenezer Wesleyan Methodist Church. ,5'-0 ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: SUBJECT: MEETING OF MAY 16, 1995 CONSIDERATION OF REQUEST BY EBENEZER WESLEYAN METHODIST CHURCH TO PURCHASE CITY OWNED LAND ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of directing administrative staff to initiate the sale of City owned land to Ebenezer Wesleyan Church, located at 201 S.W. 6th Avenue. The subject parcel is located adjacent to vacant property that the church owns on the north side of S.W. 2nd Street, between S.W. 6th Avenue and S.W. 7th Avenue. B A C K G R 0 U N D: In May, 1994, Ebenezer Wesleyan Methodist Church inquired about the possibility of obtaining a parcel of land approximately 26' x 135' owned by the City of Delray Beach. The subject property is between 2 properties owned by the church. The church wishes to gain title to the City owned parce 1 which lies between its property, in order to provide additional parking for its parishioners once the church relocates to this location. In August, 1994, the City offered to give the property to the church in exchange for an equal piece of the church's property in order to create contiguous City and church parcels. The City would then create a single family lot that could then be donated to Habitat for Humanity. The Church later notified the City of their wishes to acquire the entire parcel rather than initiate an exchange, due to the need to provide the maximum amount of parking. In order to purchase City owned property, the City Commission must direct City staff to investigate whether the parcel is needed by the City, determine whether the City or applicant will obtain the appraisal, and determine a fair market price. Initiation of this directive is now before the Commission. City Commission Documentation Ebenezer Wesleyan Methodist Church Page 2 R E COM MEN D E D ACT ION: By motion, direct the City Attorney's Office to evaluate the possibility of sale of the East 26.6' of the West 161,6' of the South 135' of Block 14 Town of Delray to the Ebenezer Wesleyan Methodist Church. Attachment: * Survey & Request Letter T:EBENEZER.DOC ~I ~ ""? ~! .... ~ ii' ;)1" o I: _ : . ... ... -' ~ ~ 0 . Q _ !.! t . ~ai~= _ ~a¿ : ~o ~:'~~ª '!l~ ~ _ .... --a ~~.. "~··g"1 ., ~_ . ~~io: :--l:L it!. dt~~ I;;! ~ 3 B... I ... .. ì! ... - ð ...·0· ',oo... d _ .§ ::: òø P:2~Z ~H'; ':-c ~ · ::I I ,!..::: %~c!~: :r.Hi t.:·! ¡:!~.I ~ 2 . 31 . a 1\ 2 5 ð ~ a' J. ð -. ~ . ~ P 8 '1';; Q i - ì a·h~~ ¡¡':~8~- -.:~:(. =-·.~ò I¡,j ,Yo ..,,, .2 ..i~ "a~_·8 ~::a:; ,::}~. II'}'''' _ ,. oot .. ~ [. ¡: ...i 't .... g þO" "'"'t _.. -.. 0 _II'_ -~- 0 .~.. .., .... ';~a!~ ð:-·5: .:~. ð~ .r :.., . .... ~ n- . . !8c d·~~ a~~-~ IHj - i ~gRP~· E::~.. :~:;~!~ :a2S. ; ¡I. '1 J = I ~ :~!.' ':§~¡¡-. 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'-~ Ebenezer Wesleyan Methodist Church ~ 201 S.W. 6th Avenue \ Delray Beach, Florida 33444 (407) 272-8837 Bishop R.L Howard '~ Pastor May 10,1994 City Of Delray Beach Att: City Manager 100 N. W. 1st Sti. Delray Beach,Fl. 33444 RE: STATUS OF HIATUS PROPERTY ADJACENT TO EBENEZER WESLEYAN METHODIST CHURCH (West 85 Feet of South 135 Feet and I~~l_ 26.6 Feet of West 1~1.6 Feet of South 135 Feet,Block 14 Dear Sir: ! Ebenezer Wesleyan Methodist Church is interested in determining the ! ownership of a 22 X 135 Hiatus property between two parcels owned \ by Ebenezer Wesleyan Methodist Church. (SEE ENCLOSED SURVEY) Ebenezer Wesleyan Methodist Church would like to know if the property is an alley-way, public utility easement, or a private easement that should be owned by Ebenezer Wesleyan Methodist Church. If the property is owned by Ebenezer, we would like to join the property to the existing parcels in a Unity Of Title. \ If the property is owned by the City Of Delray Beach, Ebenezer Wesleyan Methodist Church would like to acquire the property f.rom the city in order to have a "Unified" parcel. . Please investigate this matter and inform us of the status of the aforementioned property. If there are any questions regarding this request, please do not hesi- tate to contact Rev. Robert L. Howard at (407) 272-9018. Thanking you in advance for your time and effort on this matter. SinCerelY~ ';f(¡.~ X '. '( t? L JCCL (.~ Rev. R. L. Howard,pastor RLH/tm CC: City Attorney Planning and Zoning Director Ene 1 . , . Ebenezer Wesleyan Methodist Church 201 S.W. 6th Avenue Delray Beach, Florida 33444 (407) 272-8837 Bishop R,L. Howard Pastor MAY 16, 1995 CITY OF DELRAY BEACH DAVID T. HARDEN-CITY ~ANAGER RE: VACANT PROPERTY ADJACENT TOEBENEZEP1.JESLEYAN 'METHODIST CHURCH Dear Hr. Harden and ¥embers Of The City Commission, As noted in your letter of April 22, 1995, addressed to Ebenezer 1Jesleyan Me tho dis t Church regarding the above referenced property, the Church wishes to acquire the property owned by the City of Delray rather than initiate an exchange. (see copy of attached letter) PLEASE NOTE THE FOLLOWING CONDITIONS THAT THE CHURCH OFFICIALS W01~D LIKE TO BE ENFORCED REGARDING THE PURCHASING OF PARCEL A (CITY OWNED PROPERTY): 1. IF THE PROPERTY IS PURCHASED, IT MUST BE DEVELOPA~LE. 2. THE PROPERTY MUST NOT BE PÆSTRICTED TO USE AS AN ALLEY-WAY OR PUBLIC RIGHT OF WAY. 3. THE PPDPERTYHUST BE ABLE TO COMBINE 1¡JITH OTHER CHURCH PROPERTY FOR FUTURE DEVELOPMENT. It is our hope that an ~greement can be worked out between the city and the Church. Hany thanks for your assistance in working with us on this matter. Sincerely, ~y(,{) . ..,,--" ",,,,,. ~~ -R. ~()" ,,~"- REV. R. L. HOWARD, PASTOR VETA SPELLS, CHURCH SECRETARY CC: CHURCH FILE STEVEN TAYLOR, PLANNER CITY COMMISSION · . ' ~ ~ .,,,,"' ~",;"<,,, .... ,.J ,,1, ,~ '. . '- , . <',::'\J'¡. .~~, , ' l :" F '.J' [IT' OF DELAA' IEA£H ~ £1i;"·"'..f '''''1'r, DElRAY BEACH \ :~r " f I 0 . I 0 It ~ 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7~00 ;I~lif!pril 22, 1995 1993 Reverend. R. L. Howard, Pastor Ebenzer Wesleyan Methodist Church 201 S.W. 6th Avenue Delray Beach, Florida 33444 Re: Vacant Property Adiacent to Ebenzer Wesleyan Methodist Church Dear Reverend Howard: This letter is provided in response to your request regarding the above referenced subject. The subject property, the east 26.6 ft. of the west 161.6 ft. of the south 135 ft. of Block 14, Town of Delray (Parcel A), is currently owned fee simple by the City of Delray Beach. This property is a part of the lift station parcel (Parcel C) located at the northeast corner of S.W. 7th Avenue and S.W. 2nd street. The Church's property, the east 50 ft. of the west 135 ft. of the south 135 ft. of Block 14, Town of Delray (Parcel B), separates the lift station parcel (see attached location map). In August, 1994, the City offered to exchange equal land area with the Church in order to make the Church's property contiguous. At that time the Church notified the City of their wishes to acquire the entire pi':'.rcel rather than i:1itiate ~n exchange. In order to - purchase City owned property, the City Commission must direct City staff to investigate whether the parcel is needed by the City and determine a fair market price. Therefore, this issue will be placed on the City Commission's May 16th regular agenda. The meeting begins at 6:00 pm and is held in the Commission Chambers at City Hall. Please arrange for a representative from the Church to be in attendance at this meeting. If you require any assistance prior to the meeting, please contact steven Taylor of the Planning Department at 243-7040. Sincerely, A' ~G --r Id t\- r -'-'" \( ~~ " avid T. Harden ~ City Manager ~ THE EFFORT ALWAYS MATTERS f~í """'eco"AI'C'eC~a¡'er Steven Taylor, Planner ""~"'-">..'-"' t I 1.1 v J (( 0 I I-~ . L -' ..~ - - I 7 ' . ,'. tJ ~ . - "f '''~ Pn 10. '-- ~ I)" - I: I I ~ , . -I I J .!Q. ~ N - . I¿ \1\ - h\ , li I " ~ --4 I , , -. '" - î.., ..~ \_. - ." . t 3D" . , . JL .~ r, '16 -~ '" 18 - - I~ ~3º . ;9 . -- ( ~ .2tf:' ~ ~ ,.- I.' . , . - _. - --c;: . .: ... C\ c... c, ~ .. t 136 )~ ~ ~ '1'\ - ."\ 1.1, 0 n~9 9 .. 0 - t· - ' , . ~ Co t . , - . --º . .. 12 2 - .. 10 I r r- - - . - It ± 3 - I I '''1 f oD ~ . 17 - - - ~ +- ,- "'- .!-ª. I " - !tI. . III tI\ 7 , . . . - , ~. ~ f1\. L A l 0 "rl ~ 51> .f? . , -L 49 s P-.C € l\. - I · .1 g - ~. ~ ~ St.lb~2C1 ÞAop<~-ry :(12 I>; .. --'=.:: ..6.. ~ ß <: ):3 0 P A-R-c.£ L . . - 01\ .. . If! 22 - ,... - JL I ~ .~ I c.hw~Ò, ~a?JY : - í: \ ~ <1 ~rf~ PA('...C£!,. ~ I I. ' . _fi. . ~ · I r I I I , I I 1 L"., , ."-./" "" --/ ^ _ " _ I "'" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM # 9P - MEETING OF MAY 16, 1995 SEWER EXTENSION COST SHARING REQUEST/LEE PROPERTY DATE: MAY 12, 1995 We have received a request from Gerald B. Church, P. E. , on behalf of the property owner of a 16 acre parcel located 700 feet from Military Trail and 1400 feet west of Barwick Road (known as the Lee property) to share in the cost of extending a sanitary sewer line from the owner's east property line to an existing manhole on Barwick Road. The property in question is being proposed to be a 50-55 unit single family development. The property is in the City limits, but the line would have to be run approximately 1400 feet through an unincorporated area. Staff has reviewed this routing and has determined that it would be more economically feasible to follow this course than to pump to a line on Military Trail. The proposal is for the City to pay the line cost except for the cost to install the line at a depth necessary for this develop- ment. Mr. Church has estimated this cost to be $100,000, of which $20,000 would be paid for by the developer. Our staff has estimated the cost to be closer to $145,000 with approximately $15,000 to be the developer's share. The proposal is for the developer to install the line and collect the City's share through a credit to the water and sewer connection fees. At this writing, the City Attorney was investigating whether this method of credit would be legal. Since this is a sewer project, we have doubts as to whether water connection fees could be used for this purpose. Combined fees for each housing unit are approximately $1,900, of which approxi- mately $1,100 is for sewer. Other options include a different sharing formula and possibly upfronting the line extension costs. If we do this, it would mean a change in existing priorities. In view of the request received from Mr. Church, staff is seeking direction from Commission on this item. There is a concern about extending a line through an unincorporated area which may not be annexed for years. ~ & 11UtJ~ 5-0 '. rv/t 10 'b,tk #~ ãS~ ~Vu..f1v:t ~ l\f: MAY 0 q 1995 C~p~<1~~ð->-1~ ' ,>,.,:;, ~t'~ !.A,,,1tt ~Sfl1C; /'f~. GERALD B. CHURCH, P.E. - CONSULTING CIVIL ENGINEER 2575 So. Ocean Boulevard, Suite 310'", Highland Beach, Fl 33487 Phone/Fax (407) 278-7401 May 9 , 1995 Mr. Robert Barcinski Acting City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FI 33444 Dear Mr. Barcinski: I have been retained as engineer for the development of a site recently annexed to the City of Delray Beach. It 1S a 16 acre tract, located 700 feet of Military Trail and 1400 feet west of Barwick Road, along Gallager Drive. It 1S planned to build 50 to 55 single family homes on the site. An analysis has been made to extend water and sanitary sewer lines to serve the property, see sketch enclosed. In this regard we met with Mr. Dick Hasko, Director of utilities and Mr. Dan Beatty, City Engineer. We have been referred to your office for consideration of a pay-back proposal to install the off-site sanitary sewer. The sanitary sewer is approximately 1400 feet east of the property, where there is an existing manhole at the intersection of Franwood Drive and Barwick Road. The sanitary sewer could be extended along Franwood Drive where 26 residential properties, (presently 1n the unincorporated area), may be served. The developers are prepared to construct this sanitary sewer line, complete with sewer laterals if a pay back arrangement can be arranged. We would submit that an equitable sharing method would be for the developers to pay for the additional cost to construct the sanitary sewer at a depth, so that it can be extended to serve their site. The estimated cost to construct the off- site sanitary sewer in Franwood Drive is $100,000.00. The cost to the developers 1S estimated at approximately $20,000.00 to pay for the extra depth of cut to install the sanitary sewer. The City's share could be financed as a credit for utility connections; the fee is $2,472.00 per dwelling unit with a one inch water meter serVlce. The only feasible method to connect to the City Water system 1S to construct a canal crossing over the L.W.D.D. Canal 33 from the existing 8" water main at the rear of Delray Square Mall. The 8" water main has adequate capacity to serve the 55 single family dwelling units and provide 1,500 g.p.m. fire flow, see calculation included. The developers are prepared to construct another interconnection with the City's system when water mains are installed adjacent to the site in Gallager Drive. Our negotiations for the property are subject to resolving the methods to provide water and sanitary sewer service. The developers have only 10 days to finalize the purchase of the property, and it now has become a matter of obtaining water and sanitary sewer service at a reasonable and equitable cost. Your timely review and consideration of our proposal would be appreciated. Yours truly, ~~c/ ~. .~ Gerald B. Church, P.E. c: Mayor Tom Lynch Mr. William plum Mr. Richard Hasko, P. E. , Director of utilities Mr. Dan Beatty, P. E. , City Engineer '-:) I ~ J i I _.- 'ê ' ' ~Q~ -- ~ \~ .... ~ ~ ~ l~ ~ f,) ,~ ~ ~ g ~ ~ .~ C1\ , "~ t D ~ , ~ ~ ~ ! I (\' \) ---'~_.,... j ~ ,"" -tÌ/-- .. ..... ~ ~ r -t, ~ ~ t· ~ . .. ~ ~ .. I ~ ~ ~ "'-., ·.n . ~-- .-------. .. I ..,1 " ~./~~ ~ ~ I j.~ ~. ........... I ~' ) ð-o-ó · n GALLAGER OF » z - » ~~ ( ""'\ r '\ r I I 'l I :;0 ~ ) " I~ ì'l , co --'-. ¡ , 'J.l » :F 'I :» ,- I I· I I :;:0 ,.:) ,,- I z :::u 0 -: ":' i() 0 ,0 f'l rrJ 120' -8- ;0 I (f) - 1° I - ) ~ I i I I I I I ~ I I ~ I I :::J~ ~ \J ¡ I I \.., ¡ ~ I I , I , (I). I , .. ~ - ~ ~ Co ~ ";0 - 0 ~ G'" ÅJ ,~- ÃJ .- (/) - < ~ ..- ... -1 ~, fTl ;() ~ '. fTl fTl f -i {¡ I I on 3ft . ~~oo P~E J ~ "pvc '-,~------- ~--------------------------------------~-----------. · --8~ F.M,86 _ 4~ ' ~ BAR'WICKI ( , ... ~D. 8 , I I I r ~~ lb"'- C ." C) 1 ~'~ < ~ ~ ~ '! (!:. ! ~ I ~ ~~ fu~ ~ I ~ ¡ (,0 v.~ '1'1) ~ ~~ I I ,; ~ I I . 0 t i \I., I ..J I " I ~ ~: ... .. ~" ~ . I ! Id'l i i 6 ,ð, CA~_4~C I I i . .f/.!3 /C).S' IN! ® - a:t,t!,~ ¿5"W' /\-( u.,(.,~V,V::·t- ~~~~~ ~ 500~G ~~ft: §~ª~§ ~ ..- ... ..-_... ("\j _ c, ,'- ;-. ~1 $17C ~1?~~(~~: ~ ::?~¡;~~;; ~ ~ 5"5 .0. u I s¡ I .. ) j! -I~ - -- .--..-.- /' ð"vv¡t.! )' J L)e- /Yd,'; ~c-"'4''''i> ...... ")"h¿oí :~,I""J C... ý ,.;:.. , ðd/-/c,. ' 5"".5 .LJt:c.-"~ / h ~':;;' ¿.I;", / r:> é/ rl h;J "C / O. ¿/ . 27.5 //,?c/ =- 0· 2'.57;Ò/r> 5..5 C;¿./ .: / / J /;7-, /-;~~ r¿'u/ ,.;".'-~ ./r--, 6L.... : A ::;,;-- c.- "J,. C ...5 ¿-4 ¡:, c: /,.;,..-'.!.·,::,I";Y .:.i"¡: ~--C';',;~ C~';;h =-~ ß/~ c /ð c!-r.>y :r /50 ¿.4"rJ:/r¿ ~ ð ~'- /500 .. ß ,,)..'¡,~. ~ _:,~ A.P.'."'.J-¿~Þ ~ ~,c A,~,¿,/vt:::.- Þo~ - ,¿-<:::) /,;.)J' / P~c.""" ~ /.s-~ð ,?/~,/" :"¿:;:;.e. ,..c~.:c" #c.:I' Ip>.>- - /-;5://. J: ð #·W~- = /5 <It c...,. .c . ¿¡. 7 :II" 45_' ;; / q- .5 ~-" /'. . /t-Þ ,:7" ä;~ t/¿:;.6C-- ,. 2~ /' '5:'/ 7?':ut"~,.~. ,.:..:/Ie C.2'~ ~ ...:;:;.n/..t>C./ #( it' ¡e.", ¿3 A; ~ t~·¿Ll'ð/" :10 CC>~ ~~ ~ S-5' LJ, 0 ~/77à av4';~~"/<:. ;/';,..~ /þ #d -= /50 V,þ ,~, . . ì ,-. '11---- ,"' .' - .... .- .- . - --O~ J I· I ~ I ¡ . -- . L" .-J r'- ..... .. n. ~~ u.. .. 01 · - ..J < - 0 <C 0 It: 10: ~ -- - .----- I 1.. '':'' I I I I I I pon ..11& ~.- of1 cE · ~ I : ~ I -cmum- .J --. --~. HICHPOINT WEST .....,., S1 ~ I ILl I I I nMCD .. · --- I I ~ SPENCE I I I I /" u PROPERTY >- I1URIIID .. ~ . 0: I IF <C It: ... I <C ID ..J ... - I I I I J I I I I I I 1 ::Ii --- ---------- --.-- - aTf UIII1S - '- I I I I I I \ ,\ ,\ ,\ I - -.... t--< ...... , ,- 10;: ~..... · ~ø- ~~ ' :;; ¡.... øt-"< ~ ::::: ". "'" scF ::::. :::::: ". ~ ~~~ ' ,- ". ,.;' ~ :::e:;; ~~~ ::::: :::: t::: ~ ::::~ ~ t::: ~ ~ :;; ¡,...t:;: I~ ¡...- ¡::::: r::: ;:: e:;;~ - "'" ~ ~ ~ ::::: ::: t::t:: ,-J - I~ V' ~ ::: ::::: t::: :;:; ,- , ¡,... , ::::: :::: ;::: :::: ~ - :;; ,- :::: ~ ~ ::::: , \ ATLANTIC AVENUE Oft".... - ....-- ~ ~ - - '-- L-.- '--- "- '-- :-- r-- I-- ~ - ""'- - I-- t- I-- '--- t-- N LEE ANNEXATION &; - PLAIINIfO DlPNmIINT FUTURE LAND USE MAP AMENDMENT CßY (If DELRAY KACIt, n. -- OIØTAL aur ~ .ns7DI -- - . Rclan 10: (endow KI(·lddrn.ud '1lmped cnclo~ SPECIAL RELEASE Name: Address: P.O. Box 1900 Fort Lauderdale, Florida 33302 This Instrument Prepared by: Address: Ruden, Barnett, McClosky, Smith, Schuster & Russell, P .A. 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SPACE ABOVE TR1S LIN£ fOR PROCtSSL"'(C DATA SPACE ABOVE TBJS LINE fOR IŒCORDt-.C DATA Know All Men By These Presents: That IIWe, The City of Del ray Beach. Florida first party, for and in consideration of the sum of Ten and 00/100 Dollars ($ 1 0.00), or other valuable considerations, received from or on behalf of Stanley G. Tate. Trustee second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Hereby remise, release, acquit, satisfy, and forever discharge the said second party of and 1Ìom all, and all manner of action and actions, cause and causes of actjoD., suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespas~s, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party has. or which any personal represëntative, successor, heir or assign of said first party. hereafter can, shall or may have, against said second party, for, upon or by reason specifically of any matter, cause or thing. nom the beginning of the world to the day of these presents specifically as to that Lawsuit styled Stanley G. Tate, Trustee v. The City ofDelray Beach Florida and The Lake Worth Drainage District, Case No. 93-5198Al, Palm Beach County Circuit Court. In Witness Whereof, ha___ hereunto set hand_ and sea1-t this _ _ day of , A.D., 19_. PTL:32332:1 . i ty:~. 3 ~AJ/~~ '10 0,,1r4 tf . ---..~ ~igned. scaled and delivered in presence of: . (t. S.) Witness Signature Signature . Printed Name Printèd Name Witness Signature Post Office Address Printed Name . (L. S.) Witness Signature Signature Printed Name Printed Name Witness Signature Post Office Address - Printed Name STATE OF FLORIDA ) ) ss: COUNTY OF ) P'TL: 32332: 1 - . , . . - I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Slate aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by . who is pérsonally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of _ --' 199_. Notary Public State of Florida at Large - Typed, printed or stamped name of Notary Public My Commission Expires: . - rn.,J:2332:1 , , . . . -.Name: Address: P.O. Box 1900 Fort Lauderdale, Florida 33302 This Insfrument Prepared by: Address: Ruden, Barnett, McClosky, Smith, Schuster &. Russell, P.A. 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SPACE ABOVE THJS UNE FOR PROCESSING DATA SPACE AIOVETH1S UJŒ FOR RECORD(NG DATA Know All Men By These Presellts: That I, Stanley G. Tate. as Trustee first party, for and in consideration of the sum of, Ten and 00/100 Dollars (SIO.00), or other valuable considerations, received from or on behalf of The City of Delray Beach. Florida second party, the receipt whereof is hereby acknowledged, (Wherever used herein the tenns "first party" and "second party" shall inélude singular and plural, heirs, legal representatives, and assigns of individualš, and the successors and assigns of corporations, wherever the context so admits or requires.) Hereby remise, release, acquit, satisfy, and forever discharge the said second party of and £Tom all, and all manner of action and actions, caùse and cauSes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds. bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, ex~utions, claims and demands whatsoever, in law or in equity, which said first party has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second party, for, upon or by reason specifically of any matter, cause or thing, from the beginning of the world to the day of these presents, specifically related to that lawsuit, and the subject matter of that lawsuit, styled Stanley G. Tate, Trustee v. The City ofDelray Beac~ Florida and The Lake Worth Drainage District, Case No. 93-5198Al, Palm Beach County Circuit Court. In Witness Whereof, ha-:.., hereunto set hand_ and seal--> tlús _ _ day of ,A.D., 19_. rn.: J:2J:zO: 1 , , . ...... .. .... ....:. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # qG - MEETING OF MAY 16. 1995 CONTRACT ADDITION (C.O. 4)/SUN ART PAINTING CORPORATION DATE: MAY 12, 1995 This is before the Commission to consider Contract Addition (C, O. 4) in the amount of $5,510 to the contract with Sun Art Painting Corporation, to repaint the inside of the pump room and reseal the floor at Miller Park Booster Pump Station. Work includes pressure washing and painting the walls, floors and ferrous metal surfaces. The remedial repair work and clean-up on the interior discharge manifold piping has been completed. Funding in the amount of $5,510 is available from Water and Sewer - Building Maintenance (Account No. 441-5122-536-46.10) through budget transfer from Water Treatment - Equipment Maintenance (Account No. 441-5122- 536-46.20) . Recommend approval of Contract Addition to Sun Art Painting Corporation. ~~ ¿¡tEl ( 11l&¡ô7 Yc¡mdJ ~) Agenda Item NO.9. C: AGENDA REQUEST Date: May 8, 1995 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: May 16, 1995 Description of item (who, what, where, how much): Staff requests City Commission approval of add Contract Addition (C.O. #4) to Sun Art Painting Corporation in the amount of $5,510.00, as part of the Repainting the Water Treatment Plant Proj ect #94-53. Remedial repair work and clean-up on the interior discharge manifold piping has been completed at Miller Park Booster Pump Station. Repainting the inside of the pump room and re-sealing the existing floor is now necessary to bring the building back to standards. Work includes pressure washing and painting the walls, floors and ferrous metal surfaces. Funding Source is 441-5122-536-46.10, Water/Sewer Building Maintenance. (Budget Transfer Attached) ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YE~ Recommendation: Staff requests Sun Art Painting Corporation in the amount of Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~} Funding available: ~NO Funding alternatives ~ccount No. & D~scri tion , ccount Balance , . City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , [(p?ðfL , ;'.:~ ; \ . . j ) MEMORANDUM '.' '" l' '(9" HH 0 i I,J., ,. "".1 ". ' "oJ I,;, TO: David T. Harden, City Manager ~ FROM: Richard Hasko, Deputy Director Public Utilities DATE: May 8, 1995 RE: Repainting Miller Park Pump Room as a Contract Addition (#4) to the Repainting the Water Treatment Plant Project. Staff requests City Commission approval of add Contract Addition (C.O. #4) to Sun Art Painting Corporation in the amount of $5,510.00, as part of the Repainting the Water Treatment Plant Project #94-53. Remedial repair work and clean-up on the interior discharge manifold piping has been completed at Miller Park Booster Pump Station. Repainting the inside of the pump room and re-sealing the existing floor is now necessary to bring the building back to standards. Work includes pressure washing and painting the walls, floors and ferrous metal surfaces. Funding Source is 441-5122-536-46.10, Water/Sewer Building Maintenance (Budget Transfer Attached). cc: William H. Greenwood, Director of Environmental Svcs. Don Haley, Water Treatment Plant Manager Howard Wight, Deputy Director of Construction A:Mem09453.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CONTRACT ADDITION 4 PROJECT NO. 94-53 DATE: PROJECT TITLE: Repainting the Water Treatment Plant TO CONTRACTOR: Sun Art Painting Corporation 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: All labor and material for cleaning and painting interior of Miller Park Repump Station. Scope: l. Included: Walls below crane, walls to ceilings on ends, overhead door frame and hood, pumps, pipes, conduit, and floor. 2. Excluded: Anodized aluminum, ceiling, walls above crane beams, and crane beams. Specifications: l. Wash surfaces down with detergent, rinse. 2. Power tool clean rusty areas and any loose paint. 3. Spot prime bare mental with Tnemec's 135 Aluminum Mastic. 4. Apply one full coat of Tnemec's 135 Mastic to ferrous metals. 5. Two coats of Tnemec's 7 Series to walls. 6. One coat of Tnemec's 67 Series to floor. , REPAINTING THE WATER TREATMENT PLANT CONTRACT ADDITION #4 PROJECT NO. 94-53 PAGE 2 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $38,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $59,790.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $97,790.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 5,510.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $103,300.00 PER CENT INCREASE THIS CHANGE ORDER 14.5% TOTAL PER CENT INCREASE TO DATE 172% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. Sun Art Painting Corporation (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Servo 441-5122-536-46.10 W/S BLDG. MAINTENANCE DEPARTMENT FUNDS BUDGETED CODE SOURCE DELRAY BEACH, FLORIDA By its City Mayor RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk - . 'rnpnøal ~ SUN ART PAINTING CORP. 1966 West 9th Street, Suite A Riviera Beach, Florida 33404 (407) 842-2455 FAX (4071 881-8358 Proposal submitted to: Telephone: Date: City of Delray Beach May 1. 1995 Address: Job Name: 434 South Swinton Avenue Interior Painting 1ré'lState & ip Co~: Job LO/ï\Or: ray eac . rL 33444 M er Park Repump Station Attn: Don Haley _ Date of Plans: All labor and material for cleaning and painting interior of Miller Park Repump Station. Scope: 1. Included: Walls below crane. walls to ceilings on ends. overhead door frame and hood. pumps. pipes. conduit. and floor. 2. Excluded: Anodized aluminum. ceiling. walls above crane beams. and crane beams. Specifications; 1. Wash surfaces down with detergent. rinse. 2. Power tool clean rusty areas and any loose paint. 3. Spot prime bare metal with Tnemec's 135 Aluminum Mastic. 4. Apply one full coat of Tnemec's 135 Mastic to ferrous metals. 5. Two coats of Tnemec's 7 Series to walls. 6. One coat of Tnemec's 67 Series to floor. for the sum of: rIVE THOUSAND. rIVE HUNDRED TEN DOLLARS AND NO CENTS ($5.S10.00 ). Upon acceptance, please initial accepted items above, line through undesired items, sign below and return white copy to this office. Payment to be made as follows: 14 days from invoice NOTE: This proposal may be withdrawn S~notuM~ ~ by us if not accepted within 30 days. .. Contractor" Tom Lambert. Estimator ACCEPTANCE OF PROPOSAL: The prices, specifications, and conditions above and on the reverse are satisfactory and are hereby accepted. You are authorized to do the work as specified. Date of Acceptance: Signature: ~ "Accepting Party" ~ · City of Delray Beach Budget Transfer Form (1) Departmental Une Transfer (2) Date 5/10/95 (3) Imerfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Richard Hasko. P. E. PROJECT * (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 441-5122-536-46.20 Water Treatment - $5.550.00 Equ~p. Maintenance 441-5122-536-46.10 Water Treatment $5.550.00 Bldg. Maint. (10) TOTAL $5,550.00 $5.550.00 JUSTIFICATION: Transfer reauired to fund sealin2/naintincr of interior Miller Park pump station for renair restoratinTl. /Î ) I J , ' ;~, . .'. . :..'. /'1'1 I , ..-'",·,;-··".·..··7-·· Department Head t:;{.L ~ tt'ì,1_ _t)¡'~f~ Asst City Manager '" Finance Director City Manager I (11) Budget Revision Date (12) Control Number \ I I i (13) Period (14) Count ! ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # q H - MEETING OF MAY 16, 1995 CHANGE ORDER NO. 2 AND FINAL PAYMENT/ALTMAN-BARRY CONSTRUCTION, INC. DATE: MAY 12, 1995 This is before the Commission to approve Change Order No. 2 in the amount of $57,435.89 and final payment in the amount of $137,214.94 to Altman/Barry Construction, Inc. for completion of Tennis Center Phase III. Staff has reviewed the original contractor request of $97,017.96 and negotiated a final adjustment to $57,435,89. Funding is available from the General Construction Fund, Tennis Center Phase III - Bleacher (Account No. 334-4145-572-63.43) . Approximate account balance is $90,000. Change Order No. 2 consists of 61 items, including six (6 ) for unknown conditions; thirteen (13) general contractor request for change; fifteen (15 ) owner requested changes, and twenty-seven (27 ) changes required due to architect/engineer clarifications and/or conflicts. All work was done by the contractor and was necessary for the successful completion of the work. Consider approval of Change Order No. 2 and Final Payment to Altman/Barry Construction, Inc. ~ 5-0 Agenda Item No.9 H AGENDA REQUEST Date: May 1, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 16, 1995 Description of item (who, what, where, how much): Staff request City Commission approve Chanqe Order #2 in the amount of $57,435.89 and Final Payment in the amount of $137,214.94 to Altman-Barry Construction, Inc. for their work on the Tennis Center - Phase III project. Fundinq is available in Account #334-4145-572-63.43. ORDINANCE/RESOLUTION REQUIRED: Not required Recommendation: Staff recommends City Commission approve Chanqe Order #2 and Final Payment in the amount of $137,214.94 to Altman- Barr Contractors Inc. for their wo k on the Tennis Center - Phase III project. Department head signature: s: flu Determination of Consistency wi thComprehensi ve Plan: Ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available:~/NO Funding alternativesN/h (if applicable) Account No. &Description"33'1-LfILf>~57~-b3 lI3CGew ~ IM~> IMlÞc'¡~1 Account Balance ~ 79, 7'i1,()<:;['PDiÞ ß;)'fCb) , Tê7Y1VI ç c7;t. fJ¡/ or) ~7, IIJ>iRe¡ /q..,tL q/llfÇ City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9471\agreqS16 è ¡4-é3at u ... ..._.-...;.;.,ò..,_..... _;:;;~"'" ENVIRONMENTAL SERVICES DEPARTMENT RECEIVED MEMORANDUM M!W 1 0 1995 To: David T. Harden ¡; ¡\ ¡i}i :r, ()f I ¡'I-- City Manager ,..-. .,..- From: José Aguila ~ Asst. Construction Manager Date: Ma y 1, 1995 Subject: AGENDA REQUEST Delray Beach Tennis Center - Phase III Project No. 94-71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is a request for City Commission approval of Change Order #2 in the amount of $57,435.89 and Final Payment in the amount of $137,214.94 to Altman-Barry Construction, Inc. , for their work on the Delray Beach Tennis Center - Phase III project. The work was substantially complete in time for the Winter Games and Final Completion has been achieved within the contract period. All work has been accepted by the City as well as the architect. Change Order #2 consists of 61 items, including six (6) for unknown conditions; thirteen (13) general contractor request for change; fifteen (15) owner requested changes and twenty seven (27) changes required due to architect/engineer clarifications and/or conflicts. ~nãVe attached a schedule of these changes and their associated cost impact. Staff has reviewed the original contractor request of $97,017.96 and negotiated a final adjustment to $57,435.89. Funding is available in the General Construction Fund, Tennis Center Phase III - Bleacher Account #334-4145-572-63.43. I have attached a Contractor Performance Evaluation Report for your review. cc: William Greenwood File 94-71 (A) \esd\9471\agmemS16 DELRAY BEACH TENNIS CENTER - PHASE III SCHEDULE OF MODIFICATIONS TO PROJECT CHANGE ORDER #2 PROJECT # 94-71 April-1995 ...................... ................. ...................... ................. . ................................. ................................. .................................. ITEM # RFI/MEMO DESCRIPTION CONTRACTOR~"-~l.l.mg) REASON REQUESTAMOtJNTr FOR CHG 1 RFI14 Utility Conflict East Stand $ 8,OOO.87$':Z;Ø$4~iJ~ UKC 2 RFI 17 Conduit Repair at North Walkway $ 2,015.54::$ :::::4~Ø1~Q~ø. UKC 3 FA Panel Re-work F.A. Panel/Fire Dept $ 4,613.20$ :::an7ø.;øø OWNER 4 RFI 28 Drywall Opening 0 AlE 5 Memo 23 Facia Bd. Substitution $ (284.08) \$:~$hØ~ GC REQ 6 RFI12 Frame Chase 6" $ 330.70 GC REQ 7 RFI 9 Raise Tie BM 2" $ 801.71 \$:r:4~~~ø AlE 8 RFI 7 Use Green Bd. vs. Blue $ (250.80)$ ,r(Z$ÔQøøl GC REQ 9 RFI5 Increase Stud from 4" to 6" $ 135.13$r~8;~~ AlE 10 RFI4 Drop Restroom Ftg. $ 1,098.16$ r::~1ô,~~ UKC 11 Emera Fixt. Surface vs Recessed $ (80.00)$rr:: r$ø.~øø GC REQ 12 Fixt. 'G' Use owner fixture 0 GC REQ 13 RFI 45 Replace Fixture 'G' 0 GC REQ 14 RFI 39 Speaker Mount $ 136.41 GC REQ 15 RFI 36 BM Mtd Fixture 'G' 0 AlE 16 RFI 32 Speaker Mounting 0 GC REQ 17 RFI31 Service Pedestal 0 GC REQ 18 FA Panel Junction Box $ 239.40 r$\~ø$AJ1r OWNER 19 RFI18 Planter Reinforcement 0 AlE 20 RFI 25 Revise Footing $ 915.54 r$r:~1j;$~ AlE 21 RFI27 Ftg Conflict $ 816.97$:r::::rl~f:Mlø AlE 22 Memo 30 Delete 2 Planters/add 7 Planters $ 9,780.60$:::\iJ¡Ø$$;øø. AlE 23 RFI46 Pavers in Planters $ 919.70$r7ØQ.;ôø AlE 24 RFI 53 Paint Planter Walls $ 557.56$:r4$.Ji$4 AlE ~~ ~~~r §f~;;::eViSion $ 20'88j~i$!ii13¡1$J~J ~ 29 Ftgs Stage Ftgs $ (3,879.00 \$::3;~7S;Ô d AlE 30 RFI 41 East Ramp Rails 0 AlE 31 Memo 31 Risers & Threads Change 0 AlE 32 RFI 26 Stair Pads/Pian 0 AlE 33 Memo 22 Reinforce Stair Pads 0 AlE 34 RFI 55 Sidewalk Extension $ 1 ,322.66$ø17Q~$r AlE 35 RFI 21 Thicken Edge/Sanzone $ 203.44 :li$...:M........P9...·..... 9. l2...j.~ OWNER 36 Dumpster Use of Dumpster by City $ 590.40 GC REQ 37 RFI49 Paint Curb $ 307.20$rr:~ø2;ÔØ OWNER 38 RFI 50 Paint Wall @ Planter $ 273.60$:rgøøQØ4 OWNER 39 RFI 6 Fire Line Relocation $ 6.869.18$::~.ß7ß;ØP\ UKC 40 RFI11 Fence Repair Due to Storm $ 2.617.81$~¡Ø$Ø;øø. OWNER 41 RFI54 Add Gates to Play Yard $ 458.90 \$: :r~l~~~~ OWNER 42 RFI 13 Replace Existing Gates @ Stadium $ 854.85$r::rø$.J~ø$r OWNER 43 RFI37 Rework Fence - Court 14 $ 447.41$r:~$~;~Ø AlE 44 Memo 34/RFI 44 Water Proof Planters $ 644.33$::\$jtt94 AlE Page 1 .................................. .................................. .................................. .................................. .................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. .................................. .................................. .................................. ITEM # RFI/MEMO DESCRIPTION CONTRACTOR::':~þlJ,~: REASON REaUEST:\AMOUNTUi FOR CHG 45 RFI 47 Paint Practice Wall $ 1,025.00 OWNER 46 RFI51 Remove Gates & Add Screen $ 315.60 OWNER 47 RFI52 Paid in RFI54 $ 379.20 - 48 RFI 35 Raise 2 Draina e Structures $ 6,621.80 \$ AlE 49 RFI 24 Re-work Grade - East Seats $ 10,391.89 \$ AlE 50 RFI 15 FPL Conflict $ 2,100.00$ UKC 51 RFI16 Watermain Break $ 6,749.07:$::$~$ØØ~øø UKC 52 Hardware Chan e Schla e Locks to Best $ 215.25$i~:'Ø)Ø~$Q\ OWNER 53 Memo 35 Chan e Solid Door to Louver $ 546.77$:;::::_~1$. AlE 54 RFI 40 Pedestrian Grates $ 652.99.$m\;;$'Z$m. AlE 55 RFI 43 T. V. Trou h Cover $ 1,902.39$;;;;;\lØZØ*ØØ OWNER 56 Landsca e Landsca e Revisions $ 972.11$\:,~$~~QQ.. AlE 57 RFI 20 Re lace/Relocate Coconut Palm $ 205.46$;:::{{7~U$.$.X OWNER 58 RFI 19 Cut Ficus Trees $ 1,878.82$d~$'~~ØQ OWNER 59 Hose Bibb Add Hose Bibb to East Side $ 431.30$~..;:.u$114 OWNER 60 RFI 34 Remote Chillers $ 2,385.60 GC REa 61 RFI1 Chan e DIP to PVC $ 1,100.00 /$ GC REa ITotal Change Order #2 I $ 97,017.96 $"'I't~.3.W.'~ A. CAUSE LEGEND: UKC Unknown Conditions AlE ArchitecVEngineer Changes or Conflicts OWNER Owner Requested GC REa General Contractor Requested (Value Engineering) B. TOTAL OF CHANGES: Owner Requested Changes: $ 11,149.67 19.41 % AlE Changes: $ 28,438.16 49.51% Unknown Conditions: $ 19,562.94 34.06% G.C. Requested: $ (1,714.88) (2.98%) C. CONTRACT HISTORY: Base Contract Amount $1,365,000.00 Change Order #1 $ 3,531.00 ( 0.25%) Change Order #2 $ 57,435.89 (4.21%) Revised Contract Amount $1,412,966.80 Percent Increase 4.46% Page 2 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO.2-Final PROJECT NO.94-71 DATE: Ma y 1, 1995 PROJECT TITLE: Delray Beach Tennis Center - Phase III TO CONTRACTOR: Altman-Barry Construction, 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: Provide labor, materials and equipment necessary for the complete installation of all items as listed on the attached schedule. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,365,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 3,531.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,368,531. 00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 57,435.89 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,425,966.89 PER CENT INCREASE THIS CHANGE ORDER 4.21 % TOTAL PER CENT INCREASE TO DATE 4.46 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO 3/1/95 date CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. CONTRACTOR SIGNATURE (ARCHITECT) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 334-4145-572-63.43 DEPARTMENT FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER MAYOR ATTEST: APPROVED: By: City Attorney City Clerk \esd\9471\co2ag516 DELRAY BEACH TENNIS CENTER - PHASE III SCHEDULE OF MODIFICATIONS TO PROJECT CHANGE ORDER # 2 PROJECT ## 94-71 24-Apr-95 ITEM # RFI/MEMO DESCRIPTION AMOUNT 1 RFI14 Utility Conflict East Stand $ 7,054.42 2 RFI17 Conduit Repair at North Walkway $ 1,672.30 3 FA Panel Re-work F .A. Panel/Fire Dept $ 1,770.00 4 RFI28 Drywall Opening 0 5 Memo 23 Facia Bd. Substitution $ (284.08) 6 RFI12 Frame Chase 6" 0 7 RFI9 Raise Tie BM 2" $ 433.39 8 RFI7 Use Green Bd. vs. Blue $ (250.80) 9 RFI5 Increase Stud from 4" to 6" $ 28.32 10 RFI4 Drop Restroom Ftg. $ 210.22 11 Emerg Fixt. Surface vs Recessed $ (80.00) 12 Fixt. 'G' Use owner fixture 0 13 Fixt'G' Replace Fixture 'G' 0 14 RFI39 Speaker Mount 0 15 RFI36 BM Mtd Fixture 'G' 0 16 RFI32 Speaker Mounting 0 17 RFI31 Service Pedestal 0 18 FA Panel Junction Box $ 235.41 19 RFI18 Planter Reinforcement 0 20 RFI25 Revise Footing $ 214.52 21 RFI27 Ftg Conflict $ 725.70 22 Memo 30 Delete 2 Planters/add 7 Planters $ 4,956.00 23 RFI46 Pavers in Planters $ 700.00 24 RFI53 Paint Planter Walls $ 454.54 25 RFI2 Pedestal Height 0 26 Memo 8 Drop Ftr 0 27 RFI38 Repair Grout 0 28 RFI10 Westside Ftgs Revision $ 13,135.00 29 Ftgs Stage Ftgs $ (3,879.00) 30 RFI41 East Ramp Rails 0 31 Memo 31 Risers & Threads Change 0 32 RFI26 Stair Pads/Pian 0 33 Memo 22 Reinforce Stair Pads 0 34 RFI55 Sidewalk Extension $ 977.26 35 RFI21 Thicken Edge/Sanzone $ 109.92 36 Dumpster Use of Dumpster by City 0 37 RFI49 Paint Curb $ 302.08 38 RFI50 Paint Wall @ Planter $ 269.04 39 RFI6 Fire Line Relocation $ 3,676.00 40 RFI11 Fence Repair Due to Storm $ 2,059.00 Page 1 . ITEM # RFI/MEMO DESCRIPTION AMOUNT 41 RFI54 Add Gates to Play Yard $ 372.88 42 RFI13 Replace Existing Gates @ Stadium $ 854.85 43 RFI37 Rework Fence - Court 14 $ 283.20 44 Memo 34/RFI 44 Water Proof Planters $ 548.94 45 RFI47 Paint Practice Wall $ 1,025.00 46 RFI51 Remove Gates & Add Screen $ 315.60 47 RFI52 Paid in RFI 54 0 48 RFI35 Raise 2 Drainage Structures $ 3,547.00 49 RFI24 Re-work Grade - East Seats $ 4,800.00 50 RFI15 FPL Conflfict $ 1,650.00 51 RFI16 Watermain Break $ 5,300.00 52 Hardware Change Schlage Locks to Best $ 206.50 53 Memo 35 Change Solid Door to Louver $ 366.15 54 RFI40 Pedestrian Grates $ 525.14 55 RFI43 T. V. Trough Cover $ 1,670.00 56 Landscape Landscape Revisions $ 622.00 57 RFI20 Replace/Relocate Coconut Palm $ 79.65 58 RFI19 Cut Ficus Trees $ 1,534.00 59 Hose Bibb Add Hose Bibb to East Side $ 345.74 60 RFI34 Remote Chillers 0 61 RFI1 Change DIP to PVC $ (1,100.00) Total Change Order # 2 $ 57,435.89 Page 2 , !!t¡~'" 'ijQ C::~ ~ '2 'J", ~ ~ 'E !./ ¡;... ~ ~ oS 'b 9~ :~ 'I:s 8 ~ a; (J '" 0 .'" '" ':i ø ::I 't; ..... .' ,. ~ ";::I" t ~ " .." u Q,T.:! u 0 't:) ~ "'" U'r.' ..!. fII 0 ~ ~ '. .... ....... ='Y I ".. ~ .. t; t.) '~"ë...6'"tS ~ -8 I;; ~ ¡.: 10.' s: f.; j: e ..: 1.tI~ IU. dO "tS flo Ct3 OU ~CZ::!::.:P:a ~S:g<'C1: ~,.g:;JU ',-,'"8 ~~ ! ... '!:; f'j ::t f' u u (t ~ ,:! .. 4J r! V 'I:s ~ .t', 2! ,.. ...,., U Z -. ~ a . .,., ..c: .... .c <\I '" ,.. .. .... .., ..1 .n......, 0 ~ ~,.. d "" ' I c::: "" '" O' ;:! ... ...0 I: (j UI '" ... ~ - 0 4.;...... tA, 0'1 . " U <" .. ~ ~ 0 ..ç: Ú C ,.Q Y, .:!! .~ 0\ ..'···:¡,·..,..··8 8 '1"J -g 2: ~. .u [:¡ :: c o ..' 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I z ¡:.¡ ~ ì:l. ..r, ~f:'< ~ _....I ~ a v x '2 .I......J 6 ~ Õ Õ ~ '3 ;;J ..<1' 'A \0 ..: 1<'\ I.;) ,~u:;g o. ::r:u ~ ~ z ~;¿, ~ 'e .. .....- ~;:¡ ~ u u.... ~ ~ v. u .J ~. 0 '" A." :: OJ IE "-ª I " i!i I:: 'õ ¡:; ~ ~- .,g þ ." ffi9 '" ..9 ~ .d" $!- ~ a. a .iCo ~ 0 :¥:::: 0 2 u ¡:: $¿ iE ~ .Q ~ ... ¿ ... ¿ (J cø ¿ :I:: ô ~, ~ d 15: Õ U F' Po. '., ' oC( ~. æ u U -< U ....; N ,...... '<1' It, '1:1 "" oc 0\ _'--_, i ~O'd ¿OO'ON 60:vT 56 60 ne~ 9~£~-~65-50£-T:131 ^~~~8-N~~ll~ RLTMAN-BARRY TEL:1-305-592-2326 May 09 95 14:10 No.007 P.03 . FINAL RECEIPT STATE OF FLORIDA COUNTY OF Dade Barr~.Mcnde'ewicz b.inq first duly IIworn, depos.. and. says a8 folíows: , 1. He/sherrt.. V1êe President of Altl11an·Barry Constructior" tnc. (Title) (N... ot Corporation or Firm) a Florida corpora~ion which 1. named in con.truction contr~ct dated the 9 day ot ... Max <0>- ",' i¡ Y5 , between .&14 corporat.ion .. the CONTRACTOR. an4 the CITY or-nLRAY BEACH, FLORIDA (the CITY) a. th. OWNER for the construction of: PROJECT NAME: Delrav Beach Tenni. ,.nt.r - Pha.. fIr CITY OF DELRAY BEACH PROJECT NO:. g4-71 CONSULTANT PROJECT NO: 9214 ..0," 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to all wort, materials and, equip.ent under the Con~rac~ pa.... to the CITY at the time of final payment, tr.e and clear of all liens, and all labors, and materialmen and subcontractors have been paid in full for perforain9 or furnisbin; the work, labor or material. under the C::ontTact. .. . . 3. Rag.ipt ~ CONTRACTOR of the tinal payaent fro. CITY 1n the aJIOunt . 137.214.94 shall con.titute a full r.l.... and d1aahug. by CONTRACTOii to the CITY of .11 claim. or liena ot OOHTIACTOR a;ain.t OWNER ari.ing out of, connected with, or re.ultinv fro. performance ot the Contract, including full p.Y'Mnt. for all extra work and ..terial 'furni.hed by the unc1eraiqned in the con.~ruction of said i.prov_.nts. 4. The undersigned further certifie. that all non-exempt tax.. impo.ed by Chapter 212, Florida Statut.. (Sal.. and U.. Tax Act), as amended, have been paid and discharged. B-1 ALTMAN-BARRY TEL:1-305-592-2326 May 09 95 14:10 No.OO? P.04 '" . 5. Thi. statement under oath ia qiv.n in compliance wit~ Sections 713.05 and 713.06, Florida statutes. ~..-.' '. " ,... -0 .'-: .". AltmanNBarry Constructiðn.p)·~·~. <~, ~ Affiant Contraètor··- ;; ;..~"~.: :: .'- .. '" .... in ..: . -', ,,: -~ - .. , . ", .. . .... . Sworn to and subscribed before .e this 9 day of ~1ay , 19 95. /' II' ,·..··,·(j¡";,.,··,t:,..,,,'V¡,,,,.... , , .. ;./, j", 'I" ',,' iT 'J' -,''', /"", 1'1:,"1\·1,'1\:./: (:~·'f·/I'~'/', ~.,:~'.. 1 J' I rJ I ¡~"'" . ~···.I.'~ /\' I,' r ,', " .:, I .'~ ,1 ; :: i,,' '. ¡I', I' , . ~: .. ¡ ... ". . "'0/,,', l' '...,' ¡ 1.: .\.,:"',,':'~'\\.I·."':~:':':~' :;, (~.' ':~I.I,,,'~:,,·'~.~i;'. .. :'.';:. !",,":':"',<J My commis.ion Expir..: ( SEAL) < ,\. ., .,," " '. ~., , , , . . ~ ,'\ . /':.. " ",'r" ~I' . ",< I~ ' : :",' '''¡ "'. ~' . . 1 . :, '\' '~ : ~. ," . '. .,'. ·:;'~·r~·.·. \.. ; . ".' FR-2 , CITY OF DELRAY BEACH CONTRACTOR'S PAST PERFORMANCE REPORT PERFORMANCE RATING AVERAGE I 3.23 I PROJECT Delray Beach Tennis Center - Phase III PROJECT # 94-71 DATE May 2, 1995 Altman - Barry Construction, Inc. Contractor Name) 7720 N.W. 53rd street General Construction (Mailing Address) (Type of Work) Miami, Florida 33166 $ 1,413,000.00 (City, state, Zip) ($ Amount) GRADING INSTRUCTIONS This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION OF THE WORK", and SECTION II, "WORK PERFORMANCE". Contained in each SECTION listed under Topic Statements (A. , B. , C. , etc. ) , are Items, (1. , 2. , 3. , etc. ) , to be graded by the Project Engineer as follows: 1 - Unsatisfactory 4 - Above Satisfactory 2 - Marginal 5 - Excellent 3 - Satisfactory The overall average of both these sections is listed above as the Performance Rating Average based on the 1-5 scale above. Section I Score 44/14 = 3.14 Section II Score 68/33 = 3.27 Overall Score 152/47 = 3.23 , SECTION I MANAGEMENT AND ORGANIZATION OF THE WORK A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control. l. Preconstruction Conference preparation and presentation. 4 2. Adequacy in maintaining their proposed work schedule and preventing delays of stoppages in-particular phases or overall project completion 4 3. Coordination and supervision of subcontractors to insure quality control and contract compliance. 4 4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 4 5. Supervision of work crews. 4 6. Preparation of shop drawings and submittals. 4 B. Negotiation of Contract modifications, project record- keeping and project documentation. l. Organization and completeness of data submitted for potential claims, extra work and time extensions. 2 2. Organization and availability of project records. 3 3. Furnishing of required certifications of materials, delivery tickets and invoices. 4 C. Working relationship with City personnel responsible for administration of the Contract requirements and inspection of the work. l. Notifying the City of problems before the work is continued. 1 2. Effecting changes within the scope of the Contract as instructed by the City. 3 3. Informing City Construction Management personnel in advance of scheduled day to day items of work. 2 4. Responding to correspondence from the City. 3 5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse weather, leaving the job or other circumstances. 2 SECTION I TOTAL . . . . . . ( 44 ) SECTION II . WORK PERFORMANCE A. Execution of the Work. 1. Effort to complete the work within Contract time plus authorized extensions. 4 2. Punctuality in starting the work and completing critical intermediate phases. 4 3. Effort in performing work on all production items available throughout the project. 4 4. Manpower commitment in perform the work. 3 5. Knowledge and competency of work force in performance of assigned job duties. 3.5 6. Accuracy and dependability survey layout. 3.5 7. Cooperation in performance of work with local citizens, (dust control, accessibility, restoration) . 3.5 8. Availability of project superintendent. 4 B. Work effort and product quality control. l. Quality of work completed. 4 2. Allowance of sufficient time for job site sampling and testing of materials before proceeding with the work. 3 3. Effort to provide and maintain adequate survey station markers and grades. 2.5 4. Pre-planning on complicated work to assure a smooth operations. 3 5. Quality of the work with normal inspection. 3 C. Scheduling and controlling of construction activities to minirni ze the impact on traffic through the construction zone, access to adjacent property and protection of the general public. 1. Maintenance and lighting of approach warning signs and barricades both day and night. 3 2. Adequacy of traffic flagman, including training and equipment. 2 3. Response time in correcting jobsite conditions hazardous to the general public. 3 4. Signing, (informational, special detour, lane closure, etc.) , including required striping and maintenance. 3 5. Protecting and maintaining required access to adjacent property including use and maintenance of erosion control devices. 3 6. Securing project at the end of each workday, weekends and holidays. 3 Work Performance , Page 2 D. Sufficiency of appropriate equipment to prevent downtime and provide safe production of a quality product. 1. Availability of sufficient equipment for performance of the work. 3 2. Service and repair of equipment to insure a quality product. 3 3. Use of proper equipment on designated work. 3 4. Operator performance on equipment being utilized. 3 5. Utilization of trained and competent personnel for all equipment. 3 E. Compliance with E.E.O. , labor, training and on-site safety. 1. Maintenance of the worksite in a safe and clean condition. 4 2. Employees adherence to Contractors safety policy and City safety requirements. 3 3. Furnishing a certified payrolls both for contractor and his subcontractors as required. 3 F. Interface with utility companies in adjusting, relocating or install facilities concurrent with construction. 1. Providing required notice to the City regarding planned operations affected by utilities. 2 2. Coordination with utility companies in protection of existing facilities. 3 3. Effort to work with utility companies as necessary in correcting unforeseen problems. 4 G. Final completion of the project. 1. Effort in expediting project clean-up. 4 2. Effort in minimizing punch list items. 4 3. Submission of all final paperwork and documentation. 4 SECTION II TOTAL ...... ( 108 ) PROJECT ENGINEERS REMARKS SUPPORTING GRADES This was the last Phase of a three Phase Project and like the others had a very restrictive time frame due to the yearly tennis tournament. The contractor worked very well with the City to insure a completed project in time for the championship games. Once the project was completed, the contractor submitted an extensive list of extra charges without benefit of City Staff participation in the changes. city Staff negotiated these requests to an equitable amount. Should the city have an opportunity to work with this general contractor in the future, we should do so without hesitation. (Attach Additional Remarks) Submitted De '. · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ 9 3: - MEETING OF MAY 16. 1995 RESOLUTION NO. 43-95/MID-YEAR BUDGET ADJUSTMENT DATE: MAY 12, 1995 This is a resolution amending Resolution No. 77-94 which made appropriations of sums of money for all necessary expenditures of the City for Fiscal Year 1994/95, by setting forth the anticipated revenues and expenditures for operating funds of the City. A summary of revenue and expense changes is attached. The most significant impact is in the General Fund which increases by $1,520,470. Significant items affecting the budget are as follows: Land Purchases (Monterey House, McGraw Property) $ 542,200 Pompey Park Pool 250,000 Pine Grove Park 45,000 Veterans Park Seawall 35,000 Public Safety Items 173,212 Kodak Copier 36,860 Cassette Backup ASj400 31,950 School Site liS II Sidewalk 50/000 ADA Compliance Repairs 20,000 The year end General Fund Balance after the amendment is now estimated to be $245,000. Recommend approval of Resolution No. 43-95. ~ 1-/1:8- / ref:agmemo15 (Illcu¡CD d¡;xd; ~) , M _~ "_ RESOLUTION NO. 43-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 77-94 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH 1 FLORIDA 1 FOR THE FISCAL YEAR 1994/95, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1994/95¡ TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1. of Resolution No. 77-94 is hereby repealed, and a new Section 1. is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit IIAII , are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1994, and ending the 30th day of September, 1995, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 19941 and ending the 30th day of September, 1995. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1994, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1994, provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1994. . _ _·_U·_._ _ .___.___._ Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained; and if such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 13, 1994, and September 27, 1994. Section 10. That this resolution shall be effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 16th day of May, 1995. ~~ ATTEST: o 1~ hmÝfÂLJlj I r I/o ïk{ City Cl rk - 2 - Res. No. 43-95 UUUGET :';UMMAHY [XI IIlIl I ^ DOWN I OWN SPECIAL GENERAL DEVELOPMENT EN"TI:HPHISE REVENUE FUND FUNU FUNDS FUNUS lOI^L CAS Ii BALANCES BROUGHT FORWARD 234,002 18,OlU 3, 7ßU,39~) 520,630 4,561,965 ESTIMATEO REVENUES: TAXES Millages AD VALOREM TAXES 6,ßU 16.24B,130 16,248,130 AD VALOREM TAXES 1,07 2,521,090 2,521,090 AD VALOREM-DELINQUENT 100,250 100,250 AD VALOREM - DDA 0,85 8-1,3U;! 84,382 Sales & Use Taxes 1,47G,040 1.476,040 F/anchise Taxes 2,513ß,Ooo 2,588.000 Ulility Taxcs -1.73 i ,000 4,737.000 Licenses 8. Pel mils 1,545,910 1,545,910 II Ile/gove/1lI nenlal 4.312.4,10 f,2,9'~5 1,946.53'1 6,371,919 Charges fOI Services 2,553,600 ~~'I,03i .ï~)0 26,S9(j,S~O Fines & FOlfeitures 384,700 384,i00 Miscellaneous Revenues 3,058.250 1.500 ~~8,Oi2 64,33!' 3,682,161 Other Financing Sources 5,46ß,6!::J6 4.ß~J~.G6~! 7J9,010 11,063,368 TOTAL REVENUES AND OTHER FINANCING SOURCES ' :",OOJ,J06 1!~),!3U¿ 29,50'I,42!J 2,74!, ,683 77 AOS ,500 TOTAL ESTlMJ;\TED REVENUES AND BALANCES 'V.dOO,IGÛ 1!ß.960 ::n,2n;",Ð;?' 3,210,~) 13 61,967,465 - EXPENDITURES/EXPENSES: General Govel nment Selvices 5.44ï,ß7ß 5,447.878 Public Safety 22,628,062 22.628,062 Physical Environment 275,300 20,731,573 21,OOG,1373 Transpol tat ion 1,210,754 1,210,7~ Econol nic Envilonmcnl 434,262 73,319 2,656,ß33 3,164,414 HUllIan Gel vices 205,670 205,670 CUlllllC & Recrealion 5.667,033 3,951,I3!Ji 313.560 9,932.510 Inh~lgovenunenlal Servicp. Ð5.œO 85,030 Debl SerVIc.c G,115,U4G 4,::144.054 10,6:)9,899 Olher Financing Uses 2,98'I,U92 :'1.521 ,2 iO 300,100 6,806,362 TOTAL EXPENDITURESIEXPENSES 45,054,826 73,31 }J 32,748.194 3.2ïO,S13 81,147.452 Heserves 245,342 :}O,fì41 ~v.14,O:-!O 0 020,013 TOTAL EXPENDITURES AND RESERVES 4S,300,1Gß 103,9GO :n,2!J2,B24 3,2ïO,513 81,967,465 · Mid Year Budget Amendment FY 94/95 Enterprise Funds Entelprise Funds include tile Walel alld Sewcl FLuId. Golf Coulse FUlld. Clly Marina. Sanllallon Fund and Ihe StonnwéJler Ulilily Fund Water and Sewer Fund A funding source for the Construction Division caused the fund 10 be overslalcd by $22.891. The work 10 be perfollned on File Station # 3 by the Construction Division WéJS inadvertently funded as a transfer from tile 1993 Waler & Sewer Bond project. Tlw COI reel fundmg is tile Watel & Sewer New Capital division and resulted in a decrease in capilal funds Golf Course Fund Entries totalillg $52.665 wel e made to record the revenue and t~xpellê;e I elallvl' to tlw Utllil y Tax debt service security swap alld 10 recold tile budge! fUI undelwlilcl·s disculIIII and Bonet Insurance expense. City Marina Fund No ;Jmcndmenls Sanitation Fund TIle III\cryovl'lllllwntal revellue recclved flOm !lIe Solid Wasil' Aullwllty WéI~, dcCl ea;.,cd by $5,055 to re!lect ttle actuallTléJximum amount of the current recycling grant The savlIlgs 110111 Lock Box Fees was Iransf~~lIed to reserves, increasinç tile balance by $14.000 Stonnwater Utility Fund !VIJUèotIIWIIIs Wl.~ll~ nwdc wlllulI IIIe opelatillY élccOUlIls to collvert a vacallt péllt-fllllt' Sllcel rvlé1ÍlllelldIlCt~ WUI keJ I pusition 10 a full-lime position bf~yinniny May 1. This posl!lon will UIJCI ale Ihc rvl!\D-VAC eddy IfI()Jllill!Js WI1CI! velliclc us~~ is at ;¡ IlIininll J)] 50-60% of the III11e and assist tile stoll11watcl Clew by cI~]anillg calch ha:¡ills the lelllilllldcl uf the tll11e Special Revenue Funds The Special Hevenuc funcb IIlcluc c the COll1llHIIllly DevelopnwJl1 hJJ1d ,lIld tlw ßcautlllcalJ<lIl Trust Fund. Community Developmcnt Fiscal year 94 balances frol1llhe Community Developrnenl Block Grant. HOPE 3 Grallt. Feder al Home ConsoltiulTl, SHIP Program and Neighborhood Housillg ProÇJIiJl)] were 811uIOUgl11 forwald totaling $418.815 Beautification Trust The transfer to the General Fund was reduced duc to ;1 chançw inllle allocation onllle '94 Utility Tax Issue , " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ¡PCITY MANAGER SUBJECT: AGENDA ITEM # 9 J - MEETING OF MAY 16. 1995 APPOINTMENT TO THE EDUCATION BOARD DATE: MAY 12, 1995 Lawrence Siegel has resigned from the Education Board, creating a vacancy to fill an unexpired term ending July 31, 1996. Members of the Education Board must be residents of the city, or have a child or children attending Delray Beach public schools, or own property in the city and/or own or operate a business within the city. It is the intent that the membership of the Education Board shall include individuals who have a background in business, real estate and/or education. Applications have been received from the following: David I. Cohen Agartha Gragg (daughter attends Atlantic High School) Mickey Green Adele S. King Nelson McDuffie Laura Orlove Marilyn Schneider A check for code violations and/or property liens has been conducted. None were found. Based upon the rotation system, the appointment will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a member to the Education Board to fill an unexpired term ending July 31, 1996. ÚJubJ tJ/!'ICIIE- nffo"n~ &.¡ /Il~. £///f}gsú)o~ 5-0 ref:agmemo2 , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME J aLA r~ Or- love.. :¿ J 05 N , jJ. J to fh S t ý e ~ t De. ~ f3p t( (' h, FL ?J 3 L/4S HOME ADDRESS (Street, City, Zip Code) (LËGAL RES ENCE) . P,(¡~ Grove.. f/ef:tlerdnrd. SçhooJ. 400 S.U), lOff..¡ Srree.J 1X l~ ßea.c)" PRINCIPAL BUSINESS ADDRESS (S eet, City; Zip Code) , FL. 344t..¡ HOME PHONE ;)r;t.j~ .~Oq 3 BUSINESS PHONE ó} 4 3 - ).5 54 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Del fa:J £ du..Œo.. -h' on L~Cð..rcl LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ..M ç i/1 'ReO-cJ In.:] ¡ R. S. ;n Fcl.. £A (1 £1 +/ðn~ FJonolo.. CeT h'!; CD. f¡'Of'\ . M Q 55 r"e.r f,'r;'Ctl h'on , LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD L,'sfed a...boue. GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION PQ 1fT) !Xo..C h Co,; () f;j Sch DO I:;, J)I()~ c: rnl/~. E / UYJ(J] frlry sc.hoo 1- J:J. ro.ci" -te 'ch 0'". DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD r hð..V~ ~¡I'f} t>.. .ff>l1o.J,~(" in, /I ~eLlY5 ìt'7 MtJ...S5tJ.~_f,u~et+S CA.n~ F/D/ ,o//).. lODfK.iíj iJ)t+L O-h'),/Y"f>t"'I (YDm Pr~-k 10 3ro.d~ ~/() f"e~u.~r .¥(.)..£].~h.'oý)/ ~c;a.j e.cJucaf¡'úf) (J.~ most Œurft'17H J(ìc.C h g yo reo.- I n~ P ::J ''''-rr1 ' ..I PLEASE ATTA A BRIEF RESUME. I HEREBY C~TIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ j( tØJLJmæ /.;L1s /9t SIGNATURE /' ATE 4/90 , Laura K. Orlove 2105 N.W, 16th Street Delray Beach , FL 33445 (407) 274-3093 EDUCATION Wheelock College, Boston MA 1989 Masters Degree Certified Reading Consultant 1984 Bachelor of Science MAJORS Reading (MA) Children in Primary Classrooms K-3 (MA) Teacher of Children with Moderate Special Needs N-9 (MA) Primary Education (FL) English Speakers of Other Languages (FL) MINOR Theatre Arts. PROFESSIONAL EXPERIENCE 1989-Present Pine Grove Elementary School, Delray Beach, FL Primary Teacher for 1 st grade, kindergarten and pre-kindergarten students, · Implemented Parent Training workshops designed to enhance parenting skills · Integrated Creative Curriculum when developing thematic units · Incorporated multi-cultural activities and Foreign Language Experience into daily lesson plans · Researched, developed and secured corporate and community support for 1993 Food Garden Grant · Vice President of Parent Teacher Association · Chairperson for school wide Awards Committee · Developed Pre·kindergarten Early Intervention slide presentation for community service groups · Researched and aided in the design, building, and coordination of community support for a school playground · Volunteered after school services for students participating in Project EXCEL · Member of Instructional Innovation Team and School Advisory Council. 1985-1989 Clayplt Hill School, Wayland, MA Primary teacher for kindergarten, first, and second grades Center-based classroom with emphasis on group cooperation and hands-on learning experiences. · Recipient of Curriculum Development Grant for second grade · Developed year long hands-on study of the community · Initiated Math Their Wav Program in conjunction with required series · Reading program included 'Whole-Language" teaching, basal, and trade books · Utilized "The Writing Process" successfully in all areas of the curriculum · Social Sciences included~ and American Book . , - 1984-1985 Country School, Weston, MA Instructional Aide in Primary Language Classroom Self·contained classroom for first and second grade language disabled students, · Reinforced objectives as outlined in IEP · Supported students and teachers in mainstreamed activities · Shared classroom responsibilities · Provided consistent leaming environment for students 1984-1986 Children's Center, Weston, MA Instructor in extended day program · Designed daily program for 20-40 grade school students · Taught arts and crafts, cooking, sports and drama * Instructed individual, small and large group activities RELATED EXPERIENCE 1995 Delray Education Expo Chair 1993 William T. Dwyer Award nominee PT A Vice President 1992 Staff Development Trainer, Palm Seach County, FL * Initiated staff development program for county wide Pre- kindergarten Early Intervention Program 1990-1992 Sunfest Youth Park Volunteer and Vice~hairperson, West Palm Seach, FL 1991-1992 Presenter, Delray Beach, FL * Shared Whole-Language and Mathematics techniques for colleagues, 1987-1992 Tutor, Wayland, MA and Delray Beach, FL 1987-1989 Math Their Way Trainer, Weston and Wayland, MA · Instructed 32 educators in primary grades on developing math curriculum for their individual classroom needs. MEMBERSHIP Member of the National Association for Educators of Young Children, Certified Teacher of "Project Wild," National Council of Teachers of Mathematics, INTERESTS Theater, Music, Swimming, Arts and Crafts, Calligraphy, Travel, Puppetry, . - ß<.{ /lddtndwr> MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # q J:: - MEETING OF MAY 16 , 1995 RESCIND VEHICLE BID AWARD AND RE-AWARD BID DATE: MAY 12, 1995 Commission is requested to rescind the bid award approved March 21, 1995 to Don Reed Ford for four (4) half-ton pick-up trucks/ long cab with tow package (replacement vehicles) in the amount of $73,796.00, and award a bid via state contract to Duval Ford for two (2) half-ton pick-up trucks (standard cab tow package) in the amount of $30,380.00. Funding is available in the City Garage (Account No. 501-3312-591-64.20). When the order was placed for the vehicles approved, we were informed that these vehicles, due to production schedules, were no longer available through state contract. Only half-ton stan- dard cab and three-quarter ton were available. Parks Department vehicle replacement needs were reanalyzed and it was determined that we could replace two of the existing vehicles with standard cabs versus extended cabs. We are still reviewing the availabil- ity both on state contract and with local vendors, of extended cab vehicles for the remaining two vehicles to be replaced. Staff recommends rescinding the original bid award and awarding a bid via state contract as follows: Vehicle Dealer Quantitv Total Cost Ford F150 1/2 ton pick-up Duval Ford 2 $30,380.00 with tow package Proposed Vehicle Replacement List Est. Maint. Veh.# Dept. # Description Year Life Mileaqe Exp. Parks Ford 3/4 707 Maint. Pick-up 1983 10 yrs. 59,412 $22,857 Parks Dodge 3/4 778 Maint. Pick-up 1985 10 yrs. 59,005 $21,086 ~o - EI" OF DELAAY IEAEH DELRA Y BEACH F lOR I D " 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 tI.e.d 1ïœ MEMORANDUM David T. Harden. City Manager # 199:From: Richard V. Sandell, Fleet/Facility Maintenance Superintend - Thru: Robert A. Barcinski, Assistant City Manager Date: May 16, 1995 Subject: DOCUMENTATION - CITY COMMISSION MEETING- May 16. 1995 - PURCHASE AWARD TRUCKS Action The City Commission is requested to make multiple awards to finns as listed below for trucks. at a total cost of $30.380. Backl!:round Funds were placed in the FY 94-94 budget for vehicles for various departments and divisions under the direction of the Fleet Maintenance Division of the Public Works department. Cars and trucks are available via Florida State Contracts as listed on attached work sheets. The Fleet Superintendent and the Deputy Director of Public Works have reviewed the contracts and recommend awards as stated below. Rccommendation: Staff recommends award via Florida State Contracts to Duval Ford, as follows: Parks & Rec Pickups Two (2) 1/2 TON PICKUP TRUCK 4X2 WITOW PACKAGE 070-500-410 F-150 PICKUP $11,674. OPTION 2006 TOW PACKAGE W/5.0L V8 ENGINE 998. OPTION 3002 LIMITED SLIP DIFFERENTIAL 252. OPTION 5001 AIR CONDITIONING 806. OPTION 9905 EXT WARRANTY 1.460. TOTAL $15.190. CC: Richard Corwin Deputy Director Public Works 95VEH II.DOC ® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . . . ........,.~... ~~ j, "¡ .-- ~ ';" f !.- ~-- [I" OF DELAAY IEA[H ~Uy 1 ¡) 1995 CITY 1 CITY ATTORNEY'S OFFICE 200 NW 1st AVE!'JUE . DELRAY BEACH; FLORID'i{ :ß444/' FACSIMILE 407/278-4755 Writer's Direct Line: (4û7) 243-7090 DELRA Y BEACH F l 0 KID A bad AII·America City MEMORANDUM , III I! DATE: May 9, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attom~ SUBJECT: Transfer of Property to Habitat for Humanity of Boca-Delray The attached contract between the City and Habitat for Humanity is before you for approval. The City bought the property located on N. W. 4th A venue between 3rd and 4th Street from Mrs. Althamese Smith. If the Commission approves the contract, the City will transfer the property to Habitat for Humanity. Habitat will be a single family home on the vacant lot. Approval of the contract is recommended. Please call is you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Lula Butler, Director of Community Improvement Dorothy Ellington, C.D. Program Coordinator Sharon Morgan, Executive Assistant/City Clerk's Office habitat4.dnt 6,,0 ~blq6 /0· A· ® Printed on Recycled Paper . . . . . ~ CONTRACT FOR SALE AND PURCHASE The CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"), and HABITAT FOR HUMANITY OF BOCA/DELRAY, INC., ("Buyer") hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions which include the standards for real estate transactions included in this instrument: I. DESCRIPTION: South 50' of the North 350' of the West 135' of Block 33, TOWN OF DELRA Y, f/kJa Town of Linton, according to the 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. II. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before June 15, 1995, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the warranty deed and other closing papers delivered on or before July 31, 199$, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all . · . .. risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. SPECIAL CLAUSES: A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax. is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior 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 -2- . . . . 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. This contract is contingent upon the CITY OF DELRA Y BEACH'S City Commission approving this Contract within forty-five (45) days following its execution by the Buyer. D. The parties warrant and agree that there is no broker involved in this transaction. E. The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within the time permitted for delivery of evidence of title herein. Notice of the result of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of warranty deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be detennined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notifY Seller in writing specifYing defect(s). If the defect(s) render title unmarketable, Seller wiII have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller wilI, ¡ftitle is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. -3- B. ~: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. In¡:ress and Elress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. !&am: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Lim1: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors. suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closin2: 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. G. IiInf: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shaH end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closin¡:: Seller shall furnish warranty deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Seller shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Buyer. Recording warranty deed shall be paid by Buyer. J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January I st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, -4- IIO'iIcI OF IIiTPrT - 10 1lU.1UI.-.m NOTICE IS HEREBY GIVEN, III" I". City of Dolroy StICh, Flor,d', has do- tfrmineó to Mil 1hf follOwing øesc:riber IIF-'Y . SOU!II ~ of !lit North 350· of !lit Wes' 135' of BlOck 33, T_ of Dolroy. ''''', Town Of L.inton, according to tt'Ie plð' thereof on me in fhe ()ftict of tne (I!!flt of t!'le Circuit Court in ,nd for Palm Beach County, Ftorida, recorClfO in PI,'_I, P'\IO J. The wle of the propHty is for public ~ pursuant to . contrlCt M- tertcI infO betWMI tht City and Habi. t,t for Humanity Of 8ou·Delrav, Fur. ther information as available may be OÞt,il'tf'd from the City Mana;pr's Of· fice. The City Commiuion of the Cify of Oflr,v Beach, FkÞrida. wll hold a public hearing on the proposeo sale a1 thtif 'evul.r City Commission mHtil\g .. Moy 16, '995 " 7.011 p,m in !lit City COmmiuiOn Chlmbefs. City 1'1111 CITY OF DEL RAY BEA,~H Alison MacGrtgOf Harty City Clrrk PUBLISH Moy I & 15. 1995 1 HE NEWS 8oc.a Raton/Delrar Se.?'h ADIJ21717 5}IS- I i v& ;œTvJ - len (I () P(J ~L ~.() flu :;<; ~~ /:aV-----L~ w~ ~O0~¿£ ft JU ú. cl._ ¡1Î~rf g ( /5/ 1/9S F ,h- ,/ '. Memorandum To: David Harden, City Manager LÔ ~eI( From: Lula Carrigan Butler, Director, Community Improvement Date: May 10,1995 Subject: Request for Waiver to Sign Code, Section 4.6.7(C){4) ITEM BEFORE THE COMMISSION: Consideration of request from Florida Sheriff's Youth Ranch, Inc. Thrift Store located at 1350 N. Federal Highway, for a waiver to the Sign Code under Section 4.6.7 (C){4) of the Land Development Regulations, governing Roof Top Signs. BACKGROUND: The applicant submitted for SPRAB's review a request to install a 49 Sq. Ft. (7' x 7') green and gold star logo in the arched structure that extends above the roof area. The request was considered by SPRAB at their March 15 regular meeting. The Board was informed that the proposed roof top sign is prohibited pursuant to Section 4.6.7 (C) (4) of the LOR's and the applicant is requesting a waiver to this provision of the code. The Board considered the request and voted to support the waiver request with one condition, that the horizontal framing element that currently exist on the arch be removed. The applicant has two (2)approved flat wall signs, one on the front (east) elevation and the second on the North Elevation of the building both of which incorporate the Florida Sheriffs Youth Ranch logo. The applicant has an additional opportunity to add a tenant panel to the existing free standing shopping center sign. RECOMMENDATION: Staff is recommending denial of the request from Florida Sheriffs Youth Ranch, Inc. to waive the provisions of Section 4.6.7 (C) (4) of the Land Development Regulations to accommodate a roof top sign at their new Opportunity store. The written request from the applicant and minutes of the SPRAB meeting on this issue are attached for your reference. Ýl/t0..im fer ~ Sf£f1ß~ ~ ~ (jr) ~ -'lIB 1 (f)¡).~~) 10. B. . , . 1\qenda I tem No. I /d,L3~ . , . AGENDA REQUeST Date: 5 /1&/15--- Request to be placed on:' 1 ( /' ~gu/ar JJ,end§ Special 1\qenda Workshop Agenda LÞh ì 6 .ßéi4-t47 is When: ORDINANCEI RESOLUTION RE~UlRED: YES~ Draft Attached: YES/NO Recommenda t 10n: J~ò...L vi 1Û'1tV,,-(" : L . Department Head Siqnatures Determ.ination of Consistency . , City ·At;:t;or~ey. .Re..vie.wl R~comm.endatl0.n· (~'f appllca~~erl· ... ". '. , .. . '. .'. -.' . . . . . , . . ~udget Direc·tor Review (required on all ite.~ involvin~ expend~tur~ . ..of ~':1rid.sr:.. " - . . . . ·"0 . '0 ". ,0 ... ,0 '. ' . .. . . . . . . . - . . Funding avàilabiei YES/ NO 'Funding ~lternatives: (if applicable) 1\ccount No. & Description: 1\ccount Balance: City Manager RevIew: Approved Cor agenda: YES/ NO Hold Until: Agenda Coord~nator Rev~ew:· Received: . J..ction: 1\pproved¡Oisapproved OFFICE OF THE I'RESIDENT C. T. O'Donnell II February 22, 1995 President Boys Ranch, FL 32060 (904) 842·5501 PROGRAMS City Hall Boys Ranch City Clerk's Office Boys Ranch, FL 32060 Ms. Alison MacGregor Hardy (904) 842·5555 100 N.W. 1st Avenue Youth Villa Delray Beach, Florida 33444 P.O. Box 1380 Bartow, FL 33830 (813) 533-0371 Dear Alison: Youth Ranch On behalf of the Florida Sheriffs Youth Ranches, would 3180 County Rd. 102 I Safety Harbor, FL 34695 like to request a hearing before the SPRAB and city (813) 725-4761 commissioners regarding the signs for the Delray Beach Youth Camp Opportunity Store. The Opportunity Store is a unique thrift P.O. Box 1000 shop working to help prevent juvenile delinquency and Barberville, FL 32105 (904) 749-9999 further serve at-risk youngsters through the residential child care campuses, family preservation counseling Caruth Camp services, parenting classes, foster care, adoption services P.O. Box 10 Inglis. FL 32649 and after care as provided through the Florida Sheriffs (904) 447-2259 Youth Ranches, Inc. Youth Ranch P.O, Box 9571 The Opportunity Store located at 1350 N. Federal Highway Bradenton, FL 34206 (813) 776-1777 opened on February 6, 1995 with a ribbon cutting ceremony featuring Palm Beach County Sheriff Richard Willie. Other FIELD OFFICES dignitaries joining us in this event were City Commissioner Fort Lauderdale Office Barbara Smith; Linda Freese representing the De1ray Beach 5100 N,W. 33rd Avenue Chamber of Commerce; Youth Ranch Board Member and local Suite 143 businessman Erik Fahnoe and C. T. O'Donnell, President of Fort Lauderdale, FL 33309 the Florida. Sheriffs Youth Ranches, Inc. Three local (305) 486·5992 television stations covered the event and broadcasted the Stuart Office opening during the nightly news. Additionally, several P.O, Box 1666 members of the print media featured significant stories Stuart, FL 34995 about the Grand Opening. (407) 286·4289 Fort Myers Office Currently, we have our signs in place with the exception of 3443 Hancock Bridge a star ( sample enclosed on my business card) that we would Parkway, Suite 401 North Fort Myers, affix under and onto the archway portion of the building FL 33903 structure. This the issue that apparently needs further (813) 656·1117 J..s review and approval. Enclosed please find a one hundred dollar check made payable to the City of Delra.y Beach. I understand that this is a non-refundable payment for the processing of this request. Please send a receipt and the confirmation of the date, ACCREDITED time, and place for our appeal to the SPRAB professionals to m my attention at the address listed on my business card. COl.J\K:ll ON ^<:CREOITATIQN OF SER\IICES f'OR fNvVUES !'\NO CHIl.CJREN. INC · .---"" Thank you so very much for your careful and expedient handling of this matter. We are very pleased to be a part of the Delray Beach business community. Sincerely, 'l~ #ß-:J Alison E. Evans Vice President Public- Relations AEE/ves Enclosure cc: Mark Little, Bright Image Signs Lula Butler, City Hall ! ! ,I ; ;1 ! .. " i U j ! , Florida Sheriffs Youth Ranches, Il1c. Family Counseling. Res/dl'nti:JI Care. OJ Campmg, Fosler CarfJ, A(I,);;ttnn /.....~) ,~.~.,., . -... ~ ~ ~, . .' ALISON E. EVANS "" Vice President Public Relations .'. ~ .... . C. T, O'Donnell rr Boys Ranch. FL :120fiO .,'. P~'!'sldent Telephone: i"().1) HI2·';;OT ~""";,,,. , ¡ , BRIGHT IMAGE· SIGNS I I' IØ~ 14.j\~,O¡~ /4-. ~ 375 N.E. ST. DELRAY BCH. Fl33483'" ,. l ~ . . : > ~. ./.' vV. j)¡vÍ/ SS(.l. &1) ~ ~. ¿,/';fl t~ I . ~,GN 3Z' ~ , .:==i-'~. ~r*JFmlaSþerrifs Yœth RanrJœs Opportmrlty ~~. MI'IIOOUCTIOII 011 UN OIl TIM , . .;" M1WOIIIC WITHOUT"""" ,. , ,./ ~.",......nlQ,. '.: .> ,:, . ,,' . 'C/ ~,,"a., ." , .", ::1 . . . .,.,... .' i ,./"'" , £'lCI.s.T1f.&-S¡G-tJ CARlNEtT . /. .. ~ :rAa: cH~ONLY - "./ / ': . '.;. " ....' ....;..: ":",-,-,,~.;,, ,.' ',".~. "¡-' '.' :;,.':.;.>..~T;~;.:<, <\.~~.";~ '-'/ '.:;.}}:~f\~.~ "",. 0" '>. .~. ·,·.rt· ...It<.........~'""~ ~ .. .' . ' . -- ::. ~ '~'- '._~-~.~: ~w: "ÐAP ,~~. p/S!f, o~ :;¡~,.- SiGN REVIEW . . - PLIIN REVIEW _ ElECTRIC - STIIFF REVIEW SPRIIB - ENGINEERING .. 4U . I , - f 'ft'. . . '. i , 0' i ! Mr. Rodriquez presented the item to the Board through a review of the staff report. The 42 sq. ft. (11' x 3.9' ) south elevation flat wall sign will replace the fomer Tom Jr's sign on the chimney projection. The 86 sq. ft. (15.3' x 5.7') north elevation flat wall sign will face the parking lot. The cabinet signs will have orange copy on a green background. Ms. Tina Kennedy, Brite Lite Custom Signs, presented a revised drawing which showed the reduced size of the sign. i i It was moved by Mr. Sheremeta, seconded by Ms. Andrews and passed 6-0 to approve the south elevation sign for Bono's Bar-B-Que with the following condition: * The raceway be painted to match the chimney. It was moved by Mr. Little, seconded by Ms. Andrews and passed 6-0 to approve the north elevation sign with the revised drawings submitted to the SPRAB on March 15, 1995, with the following condition: * The colors to be forest green background and opaque· orange and white being a translucence colors during the night hours in the reduced size. Mr. Little stepped down from the Board for the following item. * B. Florida Sheriff's Youth Ranches, Inc. ; 1350 North Federal Highway; One Flat Wall Sign: Alison Evans, Authorized Aqent. The item before the Board is approval of a roof top sign which is prohibited pursuant to the City Land Development Regulations Section 4.6.7(C)(4). A request for SPRAB's recommendation to the City Commission for a waiver. Mr. Rodriquez presented the item to the Board through a review of the staff report. A 49 sq. ft. ( 7 ' x 7') green and gold star logo (sign) to be placed in the arched structure which extends above the roof area. Ms. Alison Evans with Florida Sheriff's Youth Ranches, Inc. , explained the non-profitable organization and presented photographs of other buildings which depictes the star. Ms. Evans stated the star would be affixed under and onto the existing archway portion of the building structure. It was moved by Mr. Sheremeta, seconded by Ms. Andrews and passed 4-0 to recommend approval the City Commission to waive the requirement to Section 4.6.7(C)(4) which prohibits roof top signs with the following condition: * That the horizontal framing element that currently exist on the arch be removed. - 2 - 3/15/95 CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING REQUEST FOR WAIVER OF CITY ORDINANCES Pursuant to\Section 2.4.7(B) "Waivers of City Ordinances", NOTICE IS HEREBY GIVEN that a request has been received from Florida Sheriff's Youth Ranches, Inc. , 1350 N. Federal Highway, Delray Beach, Florida for a waiver to the provisions of Section 4.6.7(C) (4) Sign Code in the City's Code of Ordinances of the City of Delray Beach, Florida. The City Commission will consider waiving the provisions of this code to allow a roof top sign. A PUBLIC HEARING on the afore-mentioned waiver of the City's Code of Ordinances will be held on Tuesday, May 16, 1995 at 6:00 PM in the City Commission Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Please be advised that if a person or persons decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such person(s) will need a record of these proceedings, and for this purpose such persons(s) may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. the City does not provide or prepare such record. Pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk PUBLISH: MAY 6, 1995 THE NEWS Boca/Delray/Deerfield/Boynton 5/5/95 Waive.CC . · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM tt ¡D· C' - MEETING OF MAY 16. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 21-95 MODIFYING THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD) DATE: MAY 9, 1995 This is second reading and public hearing for Ordinance No. 21-95 which modifies the Laver1s North SAD to replace 232 units in four 5-story structures with 228 units in ten 2 and 3-story structures and eliminate tennis courts and conference facilities. It also provides that the specific site plan will be subject to review and approval by the Site Plan Review and Appearance Board, and that future modifications which are not substantial and do not dealrwith intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. The Planning and Zoning Board formally reviewed this matter at public hearing on April 17, 1995, and voted unanimously to recommend that it be approved. At first reading on May 2, 1995, the Commission passed the ordinance by a vote of 4 to 1 (Mayor Lynch dissenting). Recommend approval of Ordinance No. 21-95 on second and final reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, Section 2.4.5(D)(5), and policies of the Comprehensive Plan. ~ t..úISi ,. J u..d./c.ifr I ?cu~ 5-0 ref:agmemo11 , .. ._---_.~~._-.._--_. ""-~--"--'-~'.._...~- '_.--~-_._---_.-.--_.....~.__.._-"._,-_.-.- ,.-- . _·__·_.m'.___..__..___..,.".·,__~_._.._.._.~_ ...___ _"~_'___'__'_.",._". ...._"._._~. ._.__. _._.._.__..... W_.__ -tf-· _. --..-."- - - ¡ ORDINANCE NO. 21-95 , , AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF , I¡ DELRAY BEACH, FLORIDA, CORRECTING THE LEGAL DESCRIPTION FOR THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80; MODIFYING THE CONDITIONAL USE AND SITE PLAN APPROVAL FOR THE SUBJECT PROPERTY; PROVIDING FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of April 17, 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 Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby placed in the SAD (Special Activities District) as defined in Section 4.4.25 of the Land Development Regulations of the City of Delray Beach, to-wit: All of the Plat of Laver's North, Plat Book 43, Pages i 92 thru 94, as recorded in the Public Records of Palm , I Beach County, Florida. Section 2. That the conditional use and site plan approval for the subject property, established pursuant to Ordinance No. 65-80, be, and the same is hereby modified as follows: ( 1 ) Modifications to the eastern 21.34 acre parcel include: (a) Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) with recreation clubhouse and tot lot; (b) Elimination of 10 existing tennis courts; f ____·_·_··____~_,,_·_···_····_.··_____·___.ø,__.·___.___..__.__.____.__~..._.~___.__,_.~._,,__ ___'n _'_ ,,_~_._,,~_~_._..~~.__. ~-.., -_.",~. - ._---- ---rr ;1 i¡ (C) Elimination of a portion of existing parking lot (58 existing spaces and 37 future parking spaces for the tennis resort function) . ( 2 ) Modifications to the western balance of Laver's North's 40.57 acres include: (a) Addition of two tennis courts; (b) Elimination of proposed meeting rooms, restaurant and lounge which were part of the proposed tennis resort facilities; (c) Modifications to the existing parking lot i. e. installing paving to provide for internal circulation needed as a result of the elimination of the existing parking. ( 3 ) That the development of this property shall generally be in accordance with Laver's North SAD Revised Master Plan dated April 28, 1995, subject to review and approval of a specific site plan by the Site Plan Review and Appearance Board. (4 ) That any future modifications which are not substantial and which do not deal with intensity ; or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. No. 21-95 , . j . -..- .-._._.- .....--....., .------.-------- ~___·__.._·__·_~__r"._.·~+___. .-·_u_...____.__,_,_~·~_______n___. .-_~.._ -,-~.~ .-_._,--_...__..._-------~- ~..-.-" ====r- I· iI j ~ ¡: PASSED AND ADOPTED in regular session on second and final r! ij reading on this the 16th day of May I 1995. !I II ~~ :! !{ :i ATTEST: o /1 ¢n VlJll'- /{¡ ~ /lr;z6.¡ City C rk First Reading May 2, 1995 Second Reading May J.6, 1995 f - 3 - Ord. No. 21-95 t/( [/1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ID ~. HAR~Y MANAGER THRU: ~ DOMINGUEZ, DIR~OR DE A TMENT¡ OF PLANNING AND ~/ . FROM: PAUL DORLING, P SUBJECT: MEETING OF MAY 2, 1995 APPROVAL OF AN ORDINANCE MODIFYING THE SPECIAL ACTIVITIES DISTRICT (SAD) FOR THE LAVERS NORTH DEVELOPMENT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is th3t of approval on first reading of an ordinance modifyin the Special Activities District (SAD) for the Lavers North development. The property is located south of Linton Boulevard and west of S. W. 4th Avenue. The majority of the property proposed for modification is vacant (future phases of Lavers North) with the exception of the southwest portion of the site which contains 10 tennis courts and associated parking. BACKGROUND: The entire . Lavers North SAD consists of 61.91 acres of which approximately 40.57 acres has been developed with 318 units (six 5 story buildings) 19 tennis courts, and 3 tennis resort buildings. The eastern 21. 34 acres contains an additional 10 tennis courts and associated parking. The proposed modifications to the eastern 21.34 acre parcel include: * Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) with recreation clubhouse and tot loti * Elimination of 10 existing tennis courts; and, * Elimination of a portion of an existing parking lot (58 existing spaces and 37 future parking spaces for the tennis resort function). Modifications to the western balance of Lavers North's 40.57 acres includes: * Addition of two tennis courts; * Elimination of proposed meeting rooms, restaurant, and lounge which were part of the proposed tennis resort facilities; and, * Modifications to the existing parking lot i. e. installing paving to provide for internal circulation needed as a result of the elimination of the existing parking. The modified SAD ordinance will also contain language which will allow modifications (other than those involving intensity or uses) of the specific site plan, landscape plan, and elevations by the Site Plan Review and Appearance Board (SPRAB) . Currently, even minor changes to SAD's require action by the Planning and Zoning Board and approval by the City Commission. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the request at a JubliC hearing on May 17, 1995. No one from the public spoke and the Planning and Zoning Board unanimously recommended (5-0) approval. RECOMMENDED ACTION: By motion, approve on first reading the ordinance modifying the Special Activities District (SAD) for the Lavers North Development based upon positive findings with respect to Chapter 3 (Performance standards) of the Land Development Regulations, Section 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachment: * Planning and Zoning Board report of April 17, 1995 t:lavers PL:ANNING & ZrNING BOARD f CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: April 17, 1995 AGENDA ITEM: V.G. ITEM: Rezoning Request Associated with Amending "Lavers North" an Approved SAD (Special Activities District) Development. COSTCO " . BUILDeRS SOUAR( ""'-'" .- GENERAL DATA: Owner.......................,............ . .......... Gloria Glass L.P. Applicant........................ ...... .......... TCRISFA Apartments, Inc. Agent..................................,..... ....... .. Renzo Rais Location.......................... ................. .. .... East side of SW 10th Avenue and Lindell Boulevard, south of Linton Boulevard. Property Size.................................."... 21.35 acres Future Land Use Plan............... .......... Medium Density Residential (5-12 units/acre) Current Zoning. ... ...................... ..... SAD (Special Activities District) Proposed Zoning..................... . .... ...... SAD (Special Activities District) Adjacent Zoning...,.................... ..North: PC (Planned Commercial) East: CF (Community Facilities), PC, SAD. and OSR (Open Space and Recreation) South RM (Multiple Family Residential- Medium Density) West: SAD Existing Land Use... .. ... Vacant Proposed Land Use......... .. .......... Modification of the Laver's North SAD to replace 232 units in four, five story structures with 228 units in ten, two and three story structures and eliminate tennis courts and conference facilities. Water Service.. EXISI1I1g on slle Sewer Service, [xlsl1I1g on site V.G. I T E M B E FOR E THE BOA R D: The action before the Board is that of making a recommendation on a modification to a Special Activities District (SAD) ( 21. 34 acre portion of the Lavers North development) . The property is located south of Linton Boulevard and west of S.W. 4th Avenue. The majority of the property is vacant (future phases of Lavers North) with the exception of the southwest portion of the site which contains 10 tennis courts and associated parking. Pursuant to Section 4.4.25 (C)(l) all SADs are established . . by an ordinance processed as a rezoning. Therefore, modifications of SADs requires modification of the applicable rezoning ordinance. Further, pursuant to Section 2.2.2 (E) , the Local Planning Agency (P&Z Board) shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. B A C K G R 0 U N D: , The property is part of a larger tract (61.91 acres) known as Lavers North. On November 25, 1980 the City Commission approved a rezoning (RM-10 to SAD), Conditional Use request and site plan for Lavers North. The Conditional Use and Site Plan approval was for a tennis resort consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts, recreational amenities and resort facilities including meeting rooms restaurant and lounge. A final plat was approved by City Commission on May 12, 1981. On August 25, 1981 a modification to the Conditional use was approved by City Commission to allow 240 of the 610 dwelling units to be resort dwelling units (time share uni ts) . Two site plan modifications were processed in 1981 and 1984 which involved additional access points and relocation of support buildings (maintenance and laundry buildings) and other minor adjustments. Since 1981 a total of 318 units (six 5-story buildings), 19 tennis courts, and a portion of the resort facilities ( 3 buildings) have been constructed. Currently the Lavers North property, with the exception of these six 5-story buildings and their related parking areas is owned by a German resort group. The resort group is proposing to sell 21.34 acres of their holdings to the Trammell Crow Development Company. The modification request seeks to replace four of the remaining proposed 5-story buildings (total of 232 units) with ten 2 and 3-story buildings (228 uni ts ) . One of the proposed 5-story buildings (60 units) will be retained on the balance of Lavers North. P&Z Staff Repor_ SAD Rezoning - Lavers North Page 2 If the SAD modification is approved a full site plan will require review and approval by the Site Plan Review and Appearance Board. PRO J E C T DES C RIP T ION: Modifications to the eastern 21.34 acre parcel include: * Replacing 232 approved units (four proposed S-story buildings) with 228 units (ten 2 and 3-story buildings) with recreation clubhouse and tot lot; * Elimination of 10 existing tennis courts; and, * Elimination of a portion of existing parking lot (58 existing spaces and 37 future parking spaces for the tennis resort function). Modifications to the western balance of Lavers North's 40.57 acres includes: * Addition of two tennis courts; * Elimination of proposed meeting rooms, restaurant} and lounge which were part of the proposed tennis resort facilities; and, * Modifications to the existing parking lot i. e. installing paving to provide for internal circulation needed as a result of the elimination of the existing parking. Z 0 N I N G A N A L Y S I S: The subject parcel is currently zoned SAD (Special Activities District) and the requested change seeks to modify the associated site plan. The surrounding zoning is PC (Planned Commercial) to the north, RM (Medium Density Residential) zoning to the south, CF (Community Facilities) and OSR (Open Space and Recreation) to the east and SAD to the west. The surrounding uses include the Linton International Plaza and Costco to the north, Delray Racquet Club to the south, Miller field to the east and the balance of Lavers North residential development to the west. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. I P&Z Staff Report.. SAD Rezoning - Lavers North Page 3 Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is a modification of the SAD zoning and associated site plan. Upon approval the parcel will retain the SAD zoning designation yet it will be associated with the requested modified master plan. The property has an underlying land use designation of MD (Medium Density). Pursuant to Section 4.4.25(A) the SAD zoning is deemed consistent with any land use designation on the Future Land Use Map. However, the uses allowed wi thin a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The multi-family use proposed in this SAD is consistent with the underlying Medium Density land use designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities'~hall be provided pursuant to levels of service established within the Comprehensive Plan. The purpose of the SAD modification is to provide a more contemporary, marketable multi-family project. The approved four 5-story buildings are to be replaced with ten 2 and 3-story buildings. The SAD modification will involve a reduced number (228 units versus 232 units) of vested multi-family units and therefore will not have a negative impact with respect to water, sewer} solid waste, or drainage. Pursuant to Section 2.4.5(D) with all rezoning requests, traffic information is required addressing the development of the property under reasonable intensity pursuant to the existing and proposed zoning. As the SAD modification will replace proposed units with ones of similar intensity no additional impact with respect to traffic is noted. The traffic impact will be reduced slightly as a result of the reduction of 4 units resulting in a reduction of 28 trips (1,596 total trips). This project is considered vested with respect to trips associated with the 610 multi-family units previously approved. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with the required findings in Section 2.4.5 (D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. P&Z Staff Repor~ SAD Rezoning - Lavers North Page 4 Comprehensive Plan policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted: Land Use Element, Objective A-I: Vacant property shall be developed in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The site consists of vacant property (with the exception of the southwest corner) which has been cleared and contains no physical features requiring special consideration. The SAD modification will provide a multi-family development that is less intense than the approved multi-family use. The site layout will be a more marketable product for this land use type. Compatibility of the use is discussed further under the section of this report that deals with Standards for Rezoning Action. 'r Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) The subject parcel is located within a neighborhood classified as "stable" within the housing element of the Comprehensive Plan. However, the zoning designation is remaining the same and represents changes to the related site plan only. Thus, the above standard is met. B) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The proposed three story multi-family units are more compatible with adjacent surrounding residential units than the previously approved 5-story buildings. The proposed scale is more in keeping with the adjacent development. With the development proposal landscape upgrades, on-going maintenance of a portion of the lake and the roadway previously neglected are proposed. Thus, the proposed site plan improvements associated with the SAD modification should enhance the sites compatibility. P&Z Staff Repor~ SAD Rezoning - Lavers North Page 5 LDR COMPLIANCE: Section 2.4.5(D)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; and, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. ., The applicant submitted a justification statement which states that reasons (c) apply because of the following: "An SAD zoning is granted via an approved Master Site Plan, any modification requested requires an applicant to go through a rezoning type of process. " "With the . . . requested zoning on this application, SAD (residential multi-family use) the current density is reduced slightly, therefore the requested zoning is of lesser intensity than currently allowed". It is further more appropriate because "The original Lavers North SAD development will never be complied under the old site plan. The eastern portion of the property remains vacant, hazardous, and an eye sore to the surrounding communities." "The proposed site plan provides for 10 two and three story 1990's style garden apartment buildings each containing 20-24 units, for a total of 228 units. These will replace the four 5-story 1970's style buildings (232 total units) currently approved." The modification will further achieve the following site upgrade and improvements: * Clean-up and rebank of the lake area; * Clean-up, re-landscape and maintain berms and perimeter green space; and, * Eliminate hazards such as; Broken basketball courts, high voltage lighting, meter boxes. · I P&Z Staff Repo~_ SAD Rezoning - Lavers North page 6 o THE R: In reviewing the proposed master plan several deficiencies were noted. These deficiencies should be added to the master plan accompanying this request: * The existing bridge across the lake needs to be shown. * Pedestrian connections need to be provided between buildings, recreation amenities and parking areas. * Additional parking must be provided on the master plan to meet the 536 spaces required pursuant to Section 4.6.9(C) (2) (c). * The proposed distribution of parking spaces needs to be reviewed for buildings 3 & 4 and 6 & 7, additional spaces should be provided in their vicinity. * No more than 10 parking spaces are allowed in a row without a landscape island. Several areas on the master 'f plan exceed this maximum. * The parking lot modifications proposed to the balance of Lavers (west of tennis center) should provide for cross through circulation verses dead ends. Dead ends would require stripping out of the end spaces to provide for the ability to turn around verses backing out through the parking lot when full. * Provide roadway trees along Lavers Circle, west of Lavers Drive similar to the treatment provided east of Lavers Drive. SAD Site Plan Review and Approval Process: Concurrent with processing of the SAD rezoning application, a complete site and development plan must be processed. This process was implemented when both rezoning and site plan reviews were conducted by the Planning and Zoning Board. Since 1990 the Planning and Zoning Board has not reviewed site plans, landscape plans, or elevations except in the case of master plans. A master plan has been submitted and is part of this SAD modification. This master plan shows the intensity, and general location of buildings, circulation, parking, and landscaping. Under the current SAD approval process a specific site plan, landscape plan, and elevations require review by the Planning and Zoning Board. Further, any future modifications i. e. addition of parking spaces etc. must be processed as a rezoning of the SAD requiring review by the Planning and Zoning Board and approval by City Commission. - P&Z Staff Repor~ SAD Rezoning - Lavers North Page 8 A L T ERN A T I V E S: A. Continue with direction. B. Recommend approval of the SAD modification request based upon positive findings with respect to Chapter 3 (Performance standards) of the Land Development Regulations, Section 2.4.5(D)(5), and policies of the Comprehensive Plan. C. Recommend denial of the SAD modification request based upon a failure to make a positive finding with respect to Section 2.4.5(D)(5) in that the rezoning fails to fulfill at least one of the reasons listed, and policies of the Comprehensive Plan. S T A F F R E COM MEN D A T ION: Recommend approval of the modification to the approved site and development plan for the Lavers North SAD, and associated modifications to the SAD ordinance to incorporate the foll~ing: A. Modifications to the eastern 21.34 acre parcel including; * Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) with recreation clubhouse and tot lot; * Elimination of 10 existing tennis courts; and, * Elimination of a portion of existing parking lot (58 existing spaces and 37 future parking spaces for the tennis resort function). B. Modifications to the western balance of Lavers North's 40.57 acres including; * Addition of two tennis courts; * Elimination of proposed meeting rooms, restaurant, and lounge which were part of the proposed tennis resort facilities; and, * Modifications to the existing parking lot i. e. installing paving to provide for internal circulation needed as a result of the elimination of the existing parking. C. Review of the specific site plan, and future site plan modifications by SPRAB; and subject to the submittal of a revised master plan addressing comments under "other" section of this report. L I N TON 8 o U LEV A R D ~ LINTON '" nn'L p lA7A CDS1CD Ii D N ~ LAVERS NORTH SAD. PlANNING DEPAR'ßIENT - PORTION OF SAD. ro B£ REZONED IJì'1 OT baRA Y BEACH. FL -- DIGITAl. B4S£ UAP SYS7EM -- · , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # /0 . b . - MEETING OF MAY 16 , 1995 ORDINANCE NO. 22-95/CENTRAL BUSINESS DISTRICT - RAIL- ROAD CORRIDOR DISTRICT DATE: MAY 12, 1995 This is second reading and public hearing for Ordinance No. 22-95 amending the Land Development Regulations by enacting a new Section 4.4.28, "Central Business District - Railroad Corridor (CBD-Rc)", and amending LDR Section 4.3.4 (K) , "Development Standards Matrix", to provide development standards for the new district. The CBD-RC district is a specialized district that is intendeq to allow for development of light industrial type uses on properties in the downtown area but in close proximity to the FEC railroad. The purpose of the district is to recognize the longstanding light industrial character of this railroad corridor; to provide for the upgrading and expansion of existing uses when appro- priate; and to enhance the economic growth of the central business district by providing employment opportunities in the downtown area. The Planning and Zoning Board formally reviewed this matter on April 17, 1995, and forwarded the amendment with a recommendation of approval by unanimous vote. At first reading on May 2, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 22 - 95 on second and final reading. p~ 5-0 -...--....- .-.... . ._ ...... '.,"_. .___".....'_.._·___..".._r·_.·....'_'_.~··_.. .. ..-._-~_...~._.._._,-~-~ ,-_.. ...-..........-......--".-". -_._._-~~----_.__..__.~-~- ~.--._._._~----_...'-_.__.__.._._-_...¥.._-,- ORDINANCE NO. 22-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD-RC) "i AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX" , TO PROVIDE DEVELOPMENT STANDARDS FOR THE NEW DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of April 17, 1995, and has forwarded the change with a recommendation of approval by unanimous vote; and ; WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 4.4.28, "Central Business District - Railroad Corridor (CBD-RC)" , to read as follows: Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) (A) Purpose and Intent: The CBD-RC district is a specialized district that is intended to allow for development of light industrial type uses on properties that are in the downtown area, but are in close proximity to the FEC railroad. The purpose of the district is to recognize the longstanding light industrial character of this railroad corridor; to provide for the upgrading and expansion of existing uses when appropriate; and to enhance the economic growth of the central business district by providing employment opportunities in the downtown area. (B) Principal Uses and structures Permitted: The following types of uses are allowed within the CBD-RC District as permitted uses: ~ _ .- _ --- ,"--'- _.~ _...,--~-_._------_..'---~-'-- - '._n.__ _ ____.,_. .... .n__',..___" .'. ___ _._. _ .._._..... .__,_,' _.' .~~. ',_n..._ ..~._...__.___".__ ~_._,. _'___""~_'__"".._''- ..~_..__, _..~...__._.._.__.____..__._~_.___ ----.- , (1) All uses allowed as such within the CBD District [Section 4.4.13(B)(l) through ( 5 ) ] . " (2 ) Fabrication and/or Assembly: The working or combining of processed or manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shops, and cabinet making. ( 3 ) Wholesaling. Storage and Distribution: The wholesaling, storage and distribution of products and materials, other than self-storage facilities, provided that such products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance (Reference Palm Beach County Land Development Code, Article 9, Section 9.3). ( 4 ) Contractor and Trade Services: Uses which are primarily engaged in providing an off-site service but which 'þaintain inventory, equipment and a business office at a central location, such as general contractor, electrician, painter, plumber, tile contractor, air conditioning specialists. (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2 ) Refuse and service areas ( 3 ) Storage of inventory, equipment or materials, within a structure or in an approved outside location. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD-RC zoning district: (1) All uses allowed as such within the CBD [Section 4.4.13(D)]. ( 2 ) Automobile repair and automobile detailing. However, such facilities may not be located north of S.E. 1st Street. Conditional use approval may not be granted for a new automobile repair facility, nor for the expansion of an existing facility, unless it is specifically demonstrated that off-street parking is available in accordance with the requirements of Section 4.6.9. - 2 - Ord. No. 22-95 .> _ ___.,_,. _'...__~.'_..._.....".____"_'_.__..___________.. .___,." _........ .~·_...,_..,.._.__.u. u__ ..____" '"_. _ '_'_'_'.. U ...'-;r"'..------""---........--., -"".---. -_.~ .,-_._~._--_..- --- _.-_.. ,'" -.-...--.-..,. - I I ¡ ( 3 ) Food preparation and/or processing, including but I ¡i not limited to bakeries and catering operations. (4 ) Dry cleaning processing plants. (E) Review and Approva1 Process: ( 1 ) For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H) and 2.4.5(I). (2 ) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). ( 3 ) All development applications which are processed through either the Planning and Zoning Board or the Site Plan Review and Appearance Board shall be referred to the Downtown Development Authority, the Community Redevelopment Agency, and Pineapp:fe Grove Main Street (when applicable) for recommendation prior to action by the approving body. (F) Deve1o.pment Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below: ( 1 ) Open Space. A minimum of ten percent (10%) non-vehicular open space shall be provided. (G) Supu1ementa1 District Regulations: In addition to the supplemental district regulations as set forth in Article 4 . 6 , the following shall apply: (1) When the parking requirements of Section 4.6.9(E)(4) are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. ( 2 ) If it is impossible or inappropriate to provide required parking on-site, or off-site pursuant to Subsection 4.6.9(E)(4L the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. ( 3 ) The parking requirement for restaurants is established at six ( 6 ) spaces per 1,000 square feet of floor area. - 3 - Ord. No. 22-95 -. ..-.. - ".-'~--'-'-<'.-_._'-- -.- .-. - ---.- _.,----~--~..... ~-- - -..... -_._-~..~.....^ -- - "-. ~.- . '. -- --_.~....- _.~-,-..._- -.'-.-.......-..---......-......--.--.-. . .'-~ --..-.---.------.-------...---- II q II (H) Special Regulations: !! " t! (1) Overhead doors shall be prohibited from facing any it adjacent residentially zoned property. Overhead doors shall be !! (i, oriented away from any adjacent public right-of-way, except where currently existing, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. (2 ) Except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. ( 3 ) Outside storage that is not properly screened must be brought into conformance with the requirements of Section I , 4.6.6(C)(2) within one year of the effective date of this ordinance. Section 2. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.'. , "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to provide development standards for the "Central Business District - Railroad Corridor (CBD-RC) " zoning district. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective i immediately upon passage on second and final reading. ¡ I ¡ PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of Ma~~ AT(Jl~: Ii Jh70/ 1hm~ i.~ City C rk First Reading May 2, 1995 Second Reading May 16, 1995 - 4 - Ord. No. 22-95 C I T Y COM MIS S ION DOC U MEN TAT ION TO: D~?D T. ,HARDE(J;ITY ~GER ~ . b ; _~ lJ\J- rvl1)Æ I FROM: D DOMINGUEZ, l DIRECTOR OF PLANNING & Z NIN SUBJECT: MEETING OF MAY 2, 1995 AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS CREATING SECTION 4.4.28, CENTRAL BUSINESS DISTRICT-- RAILROAD CORRIDOR (CBD-RC) ; AND AMENDING SECTION 4.3.4(K), DEVELOPMENT STANDARDS MATRIX TO PROVIDE STANDARDS FOR THE NEW DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is tliit of approval of a new section to the Land Development Regulations, Section 4.4.28, creating a new zoning district; and amendments to Section 4.3.4(K), Development Standards Matrix, providing development standards for the new district. The proposed new district is being created to apply to properties located in the light industrial area of the Central Business District, adjacent to the FEC rail corridor. B A C K G R 0 U N D: This amendment is being processed pursuant to Policy A-5.14 of the Future Land Use Element of the Comprehensive Plan, which states as follows: The City shall either amend the Central Business (CBD) Zoning District, or create a new zoning district, to facilitate the establishment of Industrial and Commerce areas as envisioned in the "Village Center" scenario. Commensurate with this activity, the City shall, if necessary, rezone appropriate properties. Following an extensive analysis of the subject area, the proposal is to create a new zoning district that will allow certain light industrial uses to operate in the downtown area adjacent to the FEC railroad. A full description of the background and analysis of the proposed new district is included in the Planning and Zoning Board staff report. City Commission Documentation CBD-RC Zoning District Page 2 If approved, land use and zoning changes will be processed to apply the new district to the areas indicated in the back-up. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. Other than a question regarding the delineation of the boundary, there was no public comment. Public comment had been previously given at a workshop meeting of the Board, which is discussed in the staff report. The Board unanimously recommended approval of the amendment creating the district. R E COM MEN D E D ACT ION: By motion, approve an ordinance creating Section 4.2.28 of the Land Development Regulations entitled Central Business District--Railroad Corridor (CBD-RC) ; and amending Section 4.3.4(K) of the LDRs} Development Standards Matrix to provide development standards for the new district. , Attachment: * P&Z Staff Report & Documentation of April 17, 1995 * Ordinance by others T:CCCBDRC.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 17, 1995 AGENDA ITEM: V.J. CREATION OF CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR (CBD-RC) ZONING DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on an ordinance creating a special zoning district for the areas adjacent to the FEC railroad corridor in the downtown area. BACKGROUND: Since the 1950's, an "overlay zone" has existed which applies to the blocks located adjacent to the F.E.C. railroad corridor in the downtown area. Wi thin this zone, certain uses of a. light industrial character have been permitted which are not per~itted elsewhere wi thin the overall zoning district. Al though the boundaries of the overlay zone have been modified over the years, it has primarily consisted of the area that is 100' on either side of the railroad right-of-way, between N.E. 4th Street and S.E. 4th· Street. The uses that are per~itted in the overlqyzone . håve: 'chan'ged -from.. time' to' time; as,· has· the under1ying' zoningdi·s.t-ri"c·t for th~ area: ." Currently the overlay' zone consists of. two sections that are described wi,thin "thè Central' Business District zoning regulations [reL LDR Section 4.4.13(H)(3) and (4)]. The locations as described have created : some di f f icul ties in ìm.plementati,o!,\ and enforcement... In SOme .cases· the.' boundaries crås.s' through' th~. middle of ~ots, whichresul ts· in t.wo sets of use regulations applying to one lot. Alio, the overlay area as described includes several blocks (between S.E. 1st st. and S.E. 4th St.) that are currently zoned GC (General Commercial). As the overlay zone is only described in the CBD zoning district, it does not apply to those blocks, even though the intent to have it apply is clearly there. Another problem with the overlay zone is that the additional uses ·tha~ are permitted are narrowly defined and very limiting. This has created obstacles for. businesses wanting to occupy buildin'gs 'with uses t'hatare similar to, but not the. same as, the listed uses. Use interpretations have been referred to the Planning and Zoning Board,' a process which can take several weeks to complete. V.J. P & Z Memorandum Staff Report CBD-RC Zoning District Page 2 Policy A-5.l4 of the Future Land Use Element states that "the City shall either amend the Central Business (CBD) Zoning District, or create a new zoning district, to facilitate the establishment of Industrial and Commerce areas as envisioned in the "Village Center" scenario. Commensurate with this activity, the City shall, if necessary, rezone appropriate properties." In accordance with this policy, a committee was established to study this area and determine the appropriate course of action. CBD INDUSTRIAL AREA COMMITTEE The CBD Industrial Area committee was formed to address the uses in this area and to try to resolve the problems with the overlay zone. The committee consisted of P & Z Chairperson Randee Golder, CRA member Kathi Sumrall, and DDA member Chris Wenzel, with staff support from the P & Z Department and the Community Redevelopment Agency. Staff gathered data on the types of uses, building square footages, and numbers of employees, and categorized it by use groups. Staff also compiled a history of the various overlay districts and the uses permitted. The committee met on several occasions over the past year to discuss the characteristics of the area and to cOlsider the appropriate regulations that should be applied. Giv n the long-standing industrial character of the area, and the number of viable businesses that exist, the consensus of the committee was to support and encourage the development of the area as a light industrial complement to the downtown. The committee's conclusions and ·recomm~ndati6ns ,·are·. 'as follows: * There are more than 200 busi-nes.s in the corridor employing approximately 425 pe.ople. . It was the consensus of the ·commi t tee that the zoning should accommodate the majority of those businesses. '* Rather than continue using an ~verlay zone, .' a new ., zoning district should be created which will' allow uses thåt are light industrial in character, such as fabrication, assembly, trades, and storage. * Automobile repair should be permitted as a conditional use, but only in the area south of S.E. 1st Street, where most of it is currently located. * All outside storage should be brought into conformance with 'screening requirements within a year of the rezoning. * There is a shortage of parking in the area, particularly in the southern section. The City and the CRA should consider the purchase of vacant lots, or the lease of FEC right-of-way, to develop parking areas for businesses. P & Z Memorandum Staff Report CBD-RC Zoning District Page 3 Attached is a summary of the data that was collected for the area. The uses are grouped and coded according to general classifications (i.e., contractor, light industrial, service, etc. ) , and are illustrated in charts and graphs. Data for the entire area is grouped, and the information is also separated to address the north and south sections. It should be noted that employment data was difficult to obtain, as many businesses seemed reluctant to report that information. It is staff's opinion that the actual employment in the area is higher than the numbers reported. Based upon the data and upon the characteristics of the area, the committee developed a new zoning district, entitled Central Business District--Railroad Corridor (CBD-RC) . A draft of the ordinance has been presented to various boards, as discussed below. REVIEW BY OTHERS Planninq and Zoninq Board Worksession The Planning and Zoning Board held a workshop on March 2, 1995 to discuss the proposed new district. Approximately 30 prqperty owners and business persons attended, several of whom commented on the proposed zoning. Among the comments and suggestions were the following: --Add food processing as a conditional use. -:"'^men~ the boundaries to ·inc~\fde. the. residential area. . immediately west of the bowlin.g a.rtey. --Allowautodetail£ng. .. ""·-Consider amending the boundaries to excludepçfrt öf the Pineapple Gro~~ Main S~reet area. . Overall, the Board members and the participants appeared to be sUPP9.rtive. of appJ,.ying tneCBD-RC z<;>ning to the subj~ct a¡-ea. .. Pinéaþple~rove Main street . . The proposed zoning district was discussed at the PGMS meeting of March 8, 1995. The group had a lengthy discussion regarding the boundaries of the district, and in the end unanimously recommended that they remain as proposed. They supported the addition of food processing as a conditional use, and recommended that the PGMS Board review proposals for projects located within the Main Street district. Downtown Development Authority The DDA discussed the proposed district at a special workshop meeting of March 29, 1995. The members recommended that the wholesaling, storage, and distribution of toxic substances be prohibited or limited due to the proximity of the district to the downtown and to residential areas. They also recommended better controls regarding potential noise and odors. P & Z Memorandum Staff Report CBD-RC Zoning District Page 4 PROPOSED CBD-RC DISTRICT The proposed CBD-RC zoning district is to be applied to much of the area that is now included in the overlay district (see map included in back-up) . The district regulations group the permitted uses into broader categories than currently apply. The uses are light industrial in character and include fabrication, assembly, wholesale, and trades. The district also provides the same parking regulations that are applicable to much of the area now under the CBD zoning regulations. Automobile repair and detailing (south section only), food processing, and dry cleaning plants are listed as conditional uses. Restrictions are provided for overhead doors and the storage of toxic substances, and existing outside storage has to be screened within a year of the rezoning. It will also be necessary to amend the Development Standards Matrix to include the new zoning district. The Development Standards for the CBD-RC will be the same as the CBD district, which are as follows: Minimum lot size: 0 Minimum lot width: 0 r Minimum lot depth: 0 Minimum lot frontage: 0 Maximum lot coverage: Min. 10% open space Minimum floor area: N/A Minimum devt. area: N/A Height: 48f.t. Setbacks: Perimeter: N/A '", Front: 10 ft. Street side: 10 ft. Side interior: 0 ft. .. . Rear.. : 1.0 ft. There are three zoning districts that;. currently apply to the subject area: CBD, GC, or SAD (Special Activities District) . Subsequent to the approval of the CBD-RC zoning district ordinance, zoning changes will be processed to apply the CBD-RC zoning to the subject properties. There· are also three different land use classifications that apply: Commercial Core, General Commercial, and Redevelopment Area #5. The CBD-HC will ,be consistent with .the COItUtJercial.Core and· the RA #5 designations, ho.wever,· as it, is to be applied only to this specific geographic a~ea, it would not be appropriate to have it be consistent with the GC land use. A change in the land use from General Commercial to Commercial Core will be processed concurrent with the rezoning. P & Z Memorandum Staff Report CBD-RC Zoning District Page 5 RECOMMENDED ACTION By motion, recommend approval of an ordinance creating LDR Section 4.4.28, Central Business District--Railroad Corridor (CBD-RC) District, and amending LDR Section 4 . 3 . 4 f Development Standards Matrix, to include the new district. Attachments: * Draft of CBD-RC zoning district regulations * Location map of area proposed for future rezoning * CBD Rail Corridor Study--Support Data * Letter of support from Harold Blinder of Skylake State Bank r , . . . ., Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) (A) Purpose and Intent: The CBD-RC district is a specialized district that is intended to allow for development of light industrial type uses on properties that are in the downtown area, but are in close proximity to the FEC railroad. The purpose of the district is to recognize the long-standing light industrial character of this railroad corridor¡ to provide for the upgrading and expansion of existing uses when appropriate¡ and to enhance the economic growth of the central business district by providing employment opportunities in the downtown area. (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the CBD-RC District as permitted uses: (1) All uses allowed as such within the CBD District [Section 4.4.13(B)(1) through (5). (2) Fabrication and/or Assembly: The working or combining of processed or manufactured materials or parts for distribution or sale, such as sheet metal, sign shops, glass shopsr, and cabinet making. (3) Wholesalinq, Storage, and Distribution: The wholesaling, storage} and distribution of products and materials) other than self-storage facilities, provided that such products and ma·terials shall not exceed 55 gallons of any substance which is'lìsted on the Generic'Sul?sta'ncesList of the Palm Be~ch County ~.ell fie·lçi Protec::tion. Ordinance (Reference Palm Beach County Land Development Code ~ Article .9, Sectio.n '.9.3) .' (4) Contractpi 'and Trade Services: Uses which are primarily enga.ged. in providing an off-:-site service but which . .... . maintain i!lventòry I equipment ,and Q.,.. :bus,iness . off ice at· a ce~tral ~océtion, iuch as gen~ral conttactor¡ electrician,' painter, plumber, tile contractor, air-conditioning specialists. (C) Accessory Uses 'and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2) Refuse and Service Areas (3) Stórage of inventory, 'equipmeht, ·or ·materials, within a'structure or in an approved outside location. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD-RC zon.ing district: (1) All uses allowed as such within the CBD [Section 4.4.13(0)]. (2) Automobile repair and automobile detailing, however, such facilities may not be located north of S.E. 1st Street. Conditional use approval may not be granted for a new automobile repair facility, nor for the expansion of an existing facility, unless it is specifically demonstrated that off-street parking is available in accordance with the requirements of Section 4 . 6 .9. (3) Food preparation and/or processing including but not limited to bakeries and catering operations. (4) Dry cleaning processing plants. (E) Review and Approval Process: (1) For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5 (F), 2.4.5(H), and 2.4.5(1). (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). '~ (3) All development applications which are processed through either the Planning and zoning Board or the Site Plan Review and Appearance Board shall be referred to the Downtown Development Authority, the Community Redevelopment Agency, and Pineapple Grove Main Street (when applicable) for recommendation prior ,to action by the. approving·bod¥. - (F) ,Development. Standards: ~he ',development standards set . ,'fOrth in '4,.3·;4 shall áppl'y, exceI?t. as 'modi fie:.d below: (1) Dpen'Spa6e: A minimum"ofIO' non~vehicular open space . shall be provided. : (~) .·Su¡;:j"piemental :DistrictRegui~tions:. In addi.tfon to the supplemental' district regula:tioris as set forth in Article 4.6, the following shall apply: ( 1) When the parking requirements of Section 4.6.9 (E) ( 4 ) are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. (2) If it is impossible or inappropriate to provide required parking on-site, or off-site pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3).may be applied. (3) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (H) Special Regulations: ( 1 ) Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right-of-way, except where currently existing, unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. ( 2 ) Except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. 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POD .{' ~ - ,no __.._____ _.__ ____. n__ h!r : : ': r -- ;/'<I:~\ .I~ ~I.n r=I Ç-1f::'j. 11 ... ! . . .n.. .. _ __ í<\. \ ,----·\,·-III<I~ IIi< - II \11:1 _ ~, N - NEW CBD-RC ZONE DISTRICT I'L/d~1.iI \, Ufpr.¡{ 1\..'1_" 1 C1 fY or ()r.tJU~ y O[ ACH. r¡ :)/(;1.'.'...' ¡j,l,S( V:.,I SYSf/ Ai Rail Corridor Study PROPOSED REZONING TO CBD-RC N E N N E E S 2 5 6 n ~ d l l 1 n t A A 0 n v v A e e , v e U U I S S 9 1 1 5 Atlan tic ~ ~ .. BE 6th St SUPPORT DATA C.B.D. RAIL CORRIDOR STUDY SQUARE FOOTAGE AND NUMBER OF EMPLOYEES BY GENERALIZED USE GROUP (ENTIRE STUDY AREA) GENERALIZED USE GROUP NUMBER OF I USE GROUP I FREQUENCY I EMPLOYEES I SQ. FEET I AR 14 24 28,575 CN 23 112 61,370 DC 2 8 8,000 I 1 4 7,800 LI 32 90 62,605 MU 5 0 8,725 OF 10 53 16,000 PK 4 0 0 RS 3 40 4 ," 6 5 RT 19 37 20,722 SG 5 0 5,150 SV 27 46 43 , 3,08 Svl 26 11 65,475 ., . 52 , 77 6 VB. ,37 .' ·0 VL 7 0 0 zz 2 0 .' 13678 . , ----- ----- --------- GRAND TOTALS: 217 425 398,549 LEGEND: AR= AUTO REPAIR OF= OFFICE . SV= SERVICE CN= CONTRACTOR PK= PARKING LOT SW= STORAGE/WAREHOUSE DC= DRY CLEANERS RS= RESTAURANT VB= VACANT BUILDING I = INDUSTRIAL RT= RETAIL VL= VACANT LAND LI= LIGHT INDUSTRIAL SG= SINGLE FAMILY ZZ= MISCELLANEOUS MU= MULTI-FAMILY - - TOTAL AREA - - FREQUENCY OF AGGREGA TE USE GROUPS (ENTIRE sruOY AREA) I(O~6%) DC (0 92%) z:z. (0.92%) RS (1.38'" PK (1.&4%) SG (2.30%) MU (2.30%} VL (3.Z3%} (..151%) AA(6.~) U (H.75%} RT (8.76%) NUMBER OF EMPLOYEES (ENTIRE STUOY AREA) 150 140 ,...._ ........ ".__on__ .. ...... ................_ .........._n _ _... ....---.-.-... ._.......u· . ......... n..._____ . .~.... ...-......-.... .......--...-.. 130 n. n .. ........___._n_n_._........_ ... ...__ .__..___... ............__u...__.__ .n.. ....._.~.. ....-.-.- "..--------- 120 .............. .............--.---.. .... ..... .___ .. ....,. _u_,,_ .............__ n_._.__ , 1/)110 ...- ..........._-.. .......-...-...-.----..--.-....--.--- ...-.-.... ....-..--....... . .-................-.....-.... ~100 ___.....__._......____.. n. ...___.__n ..........._ . ...n... ......__.. on h_..n unn n_n__.__u___ ____......__....._ ....n ... o. S 00 .......__. _....._ "noon_ .... ......... ........_..___.. . ..---.. ........... ............--...- ...-. ..J 80 _.__ ........._...... nu.____n_.... ..._...._......_ ........__._. ..... _.. ._.... . u_.... ._... ..__._..._u_...._ '._....._. ... ._-.... a. ¿ 70 ...._._.. ..... ._·..._h.... ..-...........--.--.... ...-.-. . . .....- .........-.---... ~ 60 ..... ....._. ...... ._.. ....n....__ ............._ .._.._..... _.... .._......_... ...._ ....n. . ..........n.__.. _...... o 50 ............... ........ .......... .........- :a: 40 .__.___....___..______..___._........__._..._..__.__.___.n..... 30 .....-... -..-.- .....-.--..--.-.....--....... 20 ........._ . ..... ...._n ...._..n. 10 0 . SQUARE FOOTAGE OFAGG. USE GROUPS (ENTIRE STUDY AREA) 8O,COJ . ._.....__..__._ ._. .. ...._ _ ......_... '''_''__hn.._'_''_ ..... .,._...... u_..__"n__.._ ...... ._u_....h..n .~___.____.___._.._.._ ........... .._._._._..___...____ 70,COJ . _'_"n.. _... ..._._ . ...__.....___......__..._........_.._._.............___..____...._._..__.___._ ..._.._..__.._.._.....n.__....__.__._ .. ._.n_ ... _____..__.._.____..____. .....__ h.."·_·_'·· ........_.._...._............._n_..____n_..._.._...___.._....___.._.._....._u...._.___...__..._____.___._.. 8O,COJ ......... nn__._._._...._..__.__ _...._ ...._.._...._...._..._...__..___..__.___. ..........___._.__.___._______.. __. _... t- .... ...n. ...... _n..... .. ._.~ ... ..._..... ........ ......_.___ _. .. .........._____....... .__..._.._,,_..._..._ _..n..__..n._..............._._ :ijso.COJ ._ .......__......._.....____..._ .... .....h_.....__._._........h.._. ..._.......un.___._ ....._......_ LI.. .... . .. ..'___' ..n._..."_ ............. ..._n._..._......_h. ...__.... . .............._.. n.... ...... ~ .o,COJ 'n.·, ... _........ ...._""__ .n.... ......._..... .......__.._..... . . .'_n ........._......u.. c( ._n_ ......._.__............_.._ h...._... '" ..... ....._.....m. ..--.--.... ::> o 3O,COJ _.. ._n·"_'''_'''''_.' ............_,..........._.... .....- ................. r/ ·.....·_...h... ..._.............._._...._......_... .. ............... ........... -.... 2O,COJ .1O,COJ ° RS SG I DC MU U OF RT AR SV VB CN II SW AGGREGATE USE GROUP C.B.D. RAIL CORRIDOR STUDY SQUARE FOOTAGE AND NUMBER OF EMPLOYEES BY GENERALIZED USE GROUP (NORTHERN PORTION OF STUDY AREA) GENERALIZED USE GROUP NUMBER OF I USE GROUP I FREQUENCY I EMPLOYEES I SQ. FEET I AR 1 3 1,600 CN 12 40 33,990 DC 2 8 8,000 LI 19 57 29,655 MU 3 0 6,100 OF 7 50 13,850 PK 3 0 0 RS 2 36 3,165 RT 9 22 11,475 ., SG 2 0 1,650 SV 15 26 20,265 SW 11 3 37,550 VB 16 0 16,176 VL :.. -5 0 0 ZZ 2 0 13,678 " ----- .----- --------- " GRAND· TOTALS': ' 109 245 197,154 LEGEND: AR= AUTO REPAIR OF= OFFICI;: SV= SERVICE CN= CONTRACTOR PK= PARKING LOT SW= STORAGE/WAREHOUSE DC= DRY CLEANERS RS= RESTAURANT VB= VACANT BUILDING I = INDUSTRIAL RT= RETAIL VL= VACANT LAND LI= LIGHT INDUSTRIAL SG= SINGLE FAMILY ZZ= MISCELLANEOUS MU= MULTI-FAMILY - - NORTHERN AREA - - FREQUENCY OF AGGREGA TE USE GROUPS (NORTHERN STUDY AREA) AA (092%) RS (1.83%) SG (1.83%) ZZ (1.83%) DC (1.83%) ;-MU (2,75%) PI< (275%) .____1Il (~.59%) VB (1468%) RT (8,26%) NUMBER OF EMPLOYEES (NORTHERN STUDY AREA) 100 90 __n._." .........._ ..........._.._ .._..._.... .n... ......_H. ..... _..._...... _.... _____.""'_' ..... h___'__. 80 . ....,...-....-... ....-. _.no. ..._. ....... ...._ .._."..._."__.._..'" ". -,'-- ."- . ..-.---..-.--.... .......-..--.-.-.--.. .....-.-.-..- r ~ 70 .._uu_..... .. .. n.... ..... "_"'__'''n_'_'_'"'_'_'" ...n...__,_. .._..... ~._ _ __n.", .......- .....-...-.....---. UJ Ö60 .n. nu.....n.._ ..u~ n. _. n_ .._.._._.....____._. _n_,_."" ...J a. 50 .......--.-....--... . :!: ~40 . ..__._......_._n.__ o 30 .....·n...... .. . ...--......_...-.... :ao 20 n'··____h.. .._...__..... 10 ,. 0 . AR SoN SQUARE FOOTAGE OFAGG. USE GROUPS , (NORTHERN·STUOY AREA) 50,000 ...... .......... .. ...........-...-....... ..-....--... ......' ............... '_.n.'_' "'_._n. ......_..._.,... ....h_...._..__.. ......_.~__..... ..__. ..._ ... '..n'_'.n.._" ~,ooo .n.. ......... .. ..._........._ ._ ..._._.__...... .......n... .._......_....n ·...n... .. .._....___......_.____....... .. _._.___._._._._u. ..____..___ ....__.____ I- UJ ~ 30,000 w .....-...... .. '.. n·...... II:: « Õ 20,000 ...--- ....._,... .......-...- II) h... .n.._ .........._... 10,000 . no.."" 0 AR SG RS MU DC RT V. Œ VB fN U CN SoN AGGREGATE USE GROUP C.B.D. RAIL CORRIDOR STUDY SQUARE FOOTAGE AND NUMBER OF EMPLOYEES BY GENERALIZED USE GROUP (SOUTHERN PORTION OF STUDY AREA) GENERALIZED USE GROUP NUMBER OF I USE GROUP I FREQUENCY I EMPLOYEES I SQ. FEET I AR 13 21 26,975 CN 11 72 27,380 I 1 4 7,800 LI 13 33 32,950 MU 2 0 2,625 OF 3 3 2,150 PK 1 0 0 RS 1 4 1,200 RT 10 15 9,247 r SG 3 0 3,500 SV 12 20 23,043 SW 15 8 27,925 VB 21 0 36,600 VL 2 0' 0 ----- ----- --------- GRAND TOTALS: 108,·. 180 ~O 1,,395 LEGEND: AR= AUTO REPAIR OF= OFFICE SV= SERVICE CN= CONTRACTOR PK= PARKING LOT SW= STORAGE/WAREHOUSE DC= DRY CLEANERS RS= RESTAURANT VB= VACANT BUILDING I = INDUSTRIAL RT= RETAIL VL= VACANT LAND LI= LIGHT INDUSTRIAL SG= SINGLE FAMILY ZZ= MISCELLANEOUS MU= MULTI-FAMILY - - SOUTHERN AREA - - FREQUENCY OF AGGREGA TE USE GROUPS (SOUTHERN STUDY AREA) PI< (Og:¡%1 RS (0.113%) r (0.113%) MU(1.85%) VL (185%) SG (2.78%' Of (2.78%) SiN (13.69%) NUMBER OF EMPLOYEES (SOUTHERN STUDY AREA) 100 90 ______ .._h...._n. n... _... .....__... .. . ._...n....._. ......_,____.. ...__.._hn. ._ n.._ . _n ......____..... 80 ._._n ,.. -....-.. ,............ ....._...______.. _hu.........___...__ ...n, n_._. . ......____.. '·._n._...·· æ 70 t UJ 6 60 ..J 0.. 50 ~ UJ oW lL. o 30 ,. 20 10 ..., 0 OF I RS SiN RT &.I' AA U CN . AGGREGATE USE GROUP SQUARE FOOTAGE OF AGG. VSE GROUPS . (SOUTHERN S'WOYAREA) 50.000 . huH... '._""n' ._....._._..h ......_..__n... ........_....._____._.._.._.._._ ........_h..._..__....,....... ......... .... ._u _nun .... . .".".. .·hn"..____h__. oW.OOO ....._....... ...._ .....___.. ..._0......_ ..,_.............__... _h_......_._...h.._...._..._.~n.___.._.... ,..__.... . ........_...__..__. __.n.. --.- .. ---..--. ------. I- W ~ 30.000 w ......-...... 0:: <t Õ 20,000 ...-.-...-.... (J) .. h..... 10.000 0 RS OF MU SG I RT &.I AA CN fNoJ U VB AGGREGATE USE GROUP -, II THE SKYLAKE STATE BANK 1550 NE. MIAMI GARDENS DRIVE/N. MIAMI BEACH, FL 331791 TELEPHONE (3051 945-1800 MAILING ADDRESS PO. BOX 694300/MIAMI. FL 33269-1300 April 12, 1995 Ms. Diane Dominquez Delray City Planning and Zoning Director City of Del ray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: 415-475 S.E. 1st Avenue, Delray Beach Dear Ms. Dominquez: The Skylake State Bank, through its wholly owned subsidiary, SSB Properties, owns and operates a 34,000 square foot warehouse facility at the above subject location. We were present at th¡ special workshop conducted by the Planning and Zoning Board on March 2, 1995. We strongly support the Boards' proposals for the new district to be known as "CBD-RC ZONE DISTRICT". The proposed zoning recognizes the historical uses and addresses the needs of the property owners in the railroad corridor, while maintaining the necessary controls for a commercial, inner city area. Further, we wish to thank you and your staff for the professional manner in which you have conducted the research and wish you success in achieving final approval from the City of Delray Beach Very truly yours, 'C)µ~ Harold Blinder Assistant Vice President cc: Molly A. Rime - Executive Vice President w.t~~~~;mJ M)?' 1..> 1"\ 70\,\\NG \ {\\"IN\NG 6<- ?- - . r./< (/ï~'l C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN~AGER , . DIANE DOMINGUEZ, FROM: DIRECTOR OF PLAN ING & ZO~~ SUBJECT: MEETING OF MAY 2, 1995 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REDUCING THE OPEN SPACE REQUIREMENT IN THE CBD ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment reducing the open space requirement in the CBD (Central Business District) zoning district. The affected LDR sections are 4.4.13(F) and 4.3.4(K). B A C K G R 0 U N D: The original version of this amendment before , was the City Commission on February 3, 1995. As proposed at the time, it would have reduced the open space requirement in the CBD from 25% to 10%, and to 0% in the original Downtown Development Authority (DDA) area. The Commission wanted the 0% requirement to extend to the CBD area east of the Intracoastal as well. The amendment was denied on first reading in order to allow for that change to be made. As this amendment refers to the original DDA area, staff has taken this opportunity to correct the way that the DDA area is described in the LDRs. The existing lengthy legal description will be supplemented by a map that illustrates both the original and expanded DDA. Those changes are being processed as a separate amendment. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. There was no public comment given, and the Board recommended unanimously that it be approved. R E COM MEN D E D ACT ION: By motion, approve the proposed amendments to LDR Section 4.4.13 (F) and 4.3.4(K) as described in the attached Planning and Zoning Board staff report. Attachment: * P&Z Staff Report & Documentation of April 17, 1995 * Ordinance by others , - 11"\ r - - - -. -' '.~-_.'_._-"'-~ --.-'"--. ---..----.-- - -- .,_ ,__ _.__._,_..___.._.."._,_._..._ ___'... . .__n· _ .__....~...__ . _'_h_ __._~_.__._.. _.~..~ __.__~ " ._----------_.~_.__.__.- -----_.~--"'_._-~._----_.._, ... .,- ._-.-._--....".~ ---_..,-- -,..~- -.-.-,-- ~-..+--~-~._._.~ !í ORDINANCE NO. 24-95 ¡i II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13} I: "CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION 4.4.13(F)1 "DEVELOPMENT STANDARDS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DEL RAY BEACH, ,I FLORIDA I BY ADDING SUBPARAGRAPH 4.4.13(F)(2) TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX" , BY AMENDING THE MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL BUSINESS DISTRICT¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFÈCTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of April 17, 19951 and has forwarded the change wi th a recommendation of 'þpproval by unanimous vote; and , WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the ì Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies ofl the Comprehensive Plan. NOWI THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.41 "Base Zoning District" I Section 4.4.131 "Central Business (CBD) District", Subsection 4.4.13(F)1 "Development Standards", of the Land Development Regulations of the City of Delray Beach, Floridal be, and the same is hereby amended to read as follows: (F) Development Standards: ¡¢//~~~t~t¢¢//~¢//~~he development standards set forth in Section 4.3.4 shall apply, except as modified below¡/~~¢/t¢~~¢~t¢q Ø~~¡¡/~~ØØ/~ww~ý: ( 1 ) Height: The CBD is a geographic area in which exceptions to height regulations are allowed. l..il Qpen Space: A minimum of 10% non-vehicular open space shall be provided: however. within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B) . and wi thin the section of the CBD zoning district located east of the Intracoastal - ~ T ".M_'~"__ ~______~______._~.__._______~_.__.,...._ m_._ ....._.._....'.__".__..._. _ '.,' ,__.___._..~_.. __~__.,._ .'.____" ______.____..~.__.n _'_,"__"__._, ______... _T_'" .~_._ --. .--- -_. . _. ...- - -.' ~ 'I Waterway. there shall be no minimum open space requirement. Notwithstanding the provisions of this section. the body acting upon a development application within the CBD may require that open areas. including but not limited to courtyards. , plazas. and landscaped setbacks. be provided in order I I to add interest and provide relief from the building : mass. I Section 2. That Chapter Four, "Zoning Regulations", Article 4 . 3 , "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix" , of the Land Development Regulations of the City of I , Delray Beach, Florida, be, and the same is hereby amended to read as ! follows: Maximum Lot Coverage 'r Central Business District (CBD) f'lY J...ll Section 3 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of May , 1995. ATTEST: ~~ o fiMnÝ!Àf',!ib.tf57 J/()ìhy City erk First Reading May 2, 1995 Second Reading May 16, 1995 - 2 - Ord. No. 24-95 - - PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 17, 1994 AGENDA ITEM: V.L. REVISED LDR AMENDMENT REDUCING OPEN SPACE REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a revised LDR amendment reducing the open space requirements in the CBD zoning district. BACKGROUND: This amendment was originally before the Board at its meeting of January 23, 1995. At that meeting, the Board voted to forward a recommendation to the City Commission that properties within the original DDA (Downtown Development Authority) area haYt no minimum open space requirement, and that the remainder 0 the CBD be required to provide at least 10%. Staff worded the amendment to include the phrase "the area encompassed by the boundaries of the Downtown Development Authority as originally established on March 22, 1971." This original DDA area is currently described by a lengthy legal description provided in Section 8.2 of the LDRs. When the amendment was forwarded to the City Commission via the City Manager, the City Manager requested that changes be made to include an abbreviated legal description of the original DDA within the CBD district regulations. Those changes were incorporated and forwarded to the City Commission. The City Commission held the first reading of the amendment on February 3, 1995. The Commission felt that in addition to the original DDA area, the CBD area east of the Intracoastal Waterway should also have no minimum open space requirement. The ordinance was denied on first reading in order to make that change. In making the changes, staff determined that including the abbreviated DDA description in the CBD zoning regulations was a bit problematic in terms of context. We also noted that the description of the expanded DDA as adopted in 1993 was never added to LDR Section 8 .2. Rather than including legal descriptions that are difficult for the general public to interpret, an amendment is proposed that will provide a map of both the original and expanded DDA areas within Section 8 . 2 . That amendment is being processed concurrent with this open space amendment. V. L. · P & Z Board Memorandum Report LDR Amendment Re: Open Space in the CBD Page 2 PROPOSED AMENDMENT The revised amendment is as follows: (F) Development Standards: In i~~Itløn tø t~he development standards set forth in Section 4.3.4 shall apply, except as modified belowl tHé tøIløwln~ sHill álsø ipplý: ( l) Height: The CBD is a geographic area in which exceptions to height regulations are allowed. ~ Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the oriqinal DDA as described in Section 8.2.2(B), and within the section of the CBD zoninq district located east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstandinq the provisions of this section, the body acting upon a development application within the CBD may require that open areas, includinq but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the buildinq mass. t In addition to the above, that section of the Development Standards Matrix [LDR Section 4.3.4{K)] dealing with maximum coverage in the CBD will also be amended to refer to this specific regulation. ANALYSIS: The ordinance as proposed expands the zero open space requirement beyond that which was originally recommended by the p & Z Board. This is consistent with the intent of this amendment, in that the area east of the ICWW is already developed at an intensity similar to the properties located in the original DDA. Many of the sites are currently nonconforming as to open space, but will become conforming as a result of this amendment. While no minimum open space is required in the designated areas, the amendment does give the reviewing board the authority to require open space or open areas when appropriate. RECOMMENDED ACTION: By motion, recommend that city Commission adopt the proposed ordinance reducing the open space requirement in the CBD, and amending the Development Standards Matrix to reflect that change. ~I': PZCHI')OS2. r)oc.: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, ~ITY MANAGER SUBJECT: AGENDA ITEM # 10. F. - MEETING OF MAY 16 , 1995 ORDINANCE NO. 23-95 DATE: MAY 12, 1995 This is second reading of Ordinance No. 23-95 amending Land Development Regulations Sections 8.2.1(A) Creation of the Down- town Development Authority, and 8.2.2(B) Downtown Area Descrip- tion, to provide revised descriptions of the original and expanded boundaries of the DDA area and to correct a reference regarding the date the Act establishing the DDA became effective. Section 8.2.2 of the LDRs provides the legal description of the original DDA area. An expansion of the boundaries was apprdved by a referendum election on April 27, 1993, and made to corres- pond to the Central Business District. However, the legal description which accompanied the House Bill enacting the expanded area omitted certain areas. Subsequently, a revised House Bill adopting the corrected legal description was approved and became effective on May 13, 1994. This amendment proposes to replace the legal description of the original DDA area and to depict the boundaries of both the original and expanded DDA area on a location map exhibit within Section 8.2.2 (B) . Also, an abbreviated general description of both the original and expanded boundaries will be provided within the Appendix of the Land Development Regulations. The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995, and voted unanimously to recommend approval of the proposed amendment to LDR Sections 8.2.1(A) and 8.2.2 (B) correcting the effective date of the Act establishing the DDA and providing revised descriptions of the original and expanded boundaries of the DDA area. Recommend approval of Ordinance 23-95 on second and final reading. p~ 6-0 -'-~"-~...'-".'.' .,,--- -.~" ..,._.~-..-..__.__.._---"-- -. ._-_.-----_._.~ -.~.. - ,._"._-". -.' . -_.-..--- ._.·_____.e__._ -- --f ------------- I ORDINANCE NO. 23-95 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER EIGHT, "SPECIAL IMPLEMENTATION PROGRAMS" , SECTION 8 . 2 . 1, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) " , SUBSECTION 8.2.1(A), "CREATION" , TO CORRECT A i SCRIVENER'S ERROR IN THE EFFECTIVE DATE OF THE ACT¡ \ AMENDING SECTION 8.2.2(B), "DOWNTOWN AREA DESCRIPTION", TO PROVIDE REVISED DESCRIPTIONS OF THE , ¡ ORIGINAL AND EXPANDED BOUNDARIES OF THE DOWNTOWN I I j DEVELOPMENT AUTHORITY AREA¡ ENACTING AN APPENDIX "B" I TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE GENERAL DESCRIPTIONS OF THE ORIGINAL AND EXPANDED AREAS OF THE DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING A GENERAL REPEALER CLÄUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. r WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of April 17, 1995, and has forwarded the change with a recommendation of approval by unanimous vote; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That Chapter Eight, "Special Implementation I Programs", Section 8.2. 1, "The Downtown Development Authority" , I Subsection 8.2.1(A), "Creation" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby I , amended to read as follows: I (A) Creation: conditions in the ! Due to i downtown area of Delray Beach, the City Commission by I I I Resolution 9-71, petitioned the State of Florida for I I establishment of a Downtown Development Authority. I An Act to that effect became law on þ19it¢þ\ May 22, i 1971. I 1 . - - . - __ _'._ ^,~,__ _ .W_·__.~"'_· ,___. -.'.--..-,------- _._+~_..-~-,,~~_.. -- . ~------ ,,-_.^-'.---_. .._-._'"--_._-~.._. .- , I ! I Section 2 . That Chapter Eight, "Special Implementation ! Programs" , Section 8 . 2 . 2 , "provisions of the Act" , Subsection !¡ 8.2.2(B), "Downtown Area Description" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Subsection 8.2.2(B), "Downtown Area Description", is hereby enacted to read as follows: (B) Downtown Area Description: The original boundary of the Downtown Development Authority as established by Section 3, Chapter 71-604 Laws of Florida 1971, effective May 22, 1971, and the expanded boundary of the Downtown Development Authority as established by Chapter 94-476 Laws of Florida 1994, effective May 13, 1994, are depicted in Section 8.2.2(B)(1), "Map of the Downtown Development Authority Area" , and are generally described within Appendix B of the Land Development Regulations. ( 1 ) Map of the Downtown Developme~t Authority Area: (Map exhibit attached to be inserted) Section 3. That the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting an Appendix "B", "Downtown Development Authority Area Descriptions", to read as follows: A P PEN D I X "B" DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS The descriptions contained in Appendix B have been compiled and are to be used pursuant to Section 8.2.2(B). GENERAL DESCRIPTION: (1) The original boundaries of the Downtown Development Authority as established by Section 3, Chapter 71-604, Laws of Florida 1971, effective May 22, 1971, are generally described as follows: Commencing at a point where Northeast 1st Street intersects with the Intracoastal Waterway, run - 2 - Ord. No. 23-95 I , I , I i T - .._--_.._._~-_._--.._-,,_._._..---.~.. - . _....~._.- ." --.--,.._- .-.--.~- .-. .' -_. . -_..-....- ... -._-..~_.'.-_._-~----_...". ._~~-_.._,_.- ---.-.-.---.---. -- ---.-----. '. --' ._. ," -,,---~.._~ ..-.. .--...--.~~~-~.,--------------,- 'I I' west along Northeast 1st Street to Swinton 1'! Avenue, then south along Swinton Avenue to the ,I intersection of Swinton Avenue with the 11 east-west alley south of Atlantic Avenue in ': i: " Block 69 (as in Plat Book 2, Page 43) and Block 77 (as in Plat Book 1, Page 3) , then east along the alley to the intersection with the north-south alley in Block 77, then south along " that alley to Southeast 1st Street, then east along Southeast 1st Street to the intersection with the north-south alley in Block 117 (as in Plat Book 1, Page 3) , east of Southeast 6th Avenue, then north along the alley in Block 117 to the northwest corner of Lot 18, Block 117, then east along the south line of Lot 17 of Block 117 and the south line of Lots 10, 45, 57 and 92 of Palm Square, an unrecorded plat located in Block 125 and the North Half of Bloé~ 133 as in Plat Book 1, Page 3) , to the Intracoastal Waterway, then north along the Intracoastal Waterway to the Point of Beginning. ( 2 ) The expanded boundaries of the Downtown Development Authority as established by Chapter 94-476, Laws of Florida 1994, effective May 13, 1994, are generally described as follows: Begin at a point on the intersection of the high water mark of the Atlantic Ocean and the easterly projection of the north line of the south half of Lot 13, as in Plat of the Fractional East Half Section 16, in Plat Book 1, Page 25, then westerly to the intersection of Andrews Avenue; then southerly to the south property line of the Beach Cabanas Condominium¡ then westerly along said south property line to the west property line of the Beach Cabanas Condominium¡ then northerly to the south property line of the Grove Condominium¡ then westerly along said south line to the east plat limit of Seabreeze Park Subdivision as in Plat Book 4, Page 31 ; then north to the north property line of Lot 21, Seabreeze Park¡ then west along said property line to the west plat limit of Seabreeze park¡ then southerly to the south property line of Lot 29, Lowry Park Estates as in Plat Book 24, Page 156; then - 3 - Ord. No. 23-95 . .- .. '~"'~-'~ .....,-.- '--'-". ,-- ~..¥. - --_.. ~-~.~. - .' -- .. -- -~ _.~._,- _.- -- ..._....,,_.. ._~___".__..··.··.._Mp·_.._..__.· ... __.__.. .....~ . _.. . -----.'~...__.- _ _n. _~._.._____ .__.,_.,__.. r_.______...._·· __. ___._..~.~_._._____~____.__.._.___~~____._.___..__.____ _~,__.____ ._.__"___.____ ._.._.."..._____ _,.. -- '-..---.-- ì: northwesterly along the south line of Lot 29, to the intersection of East Road; then south along East Road to the northeast corner of Barr Terrace Condo; then southerly along the east property line of Barr Terrace Condo to the intersection of East Atlantic Avenue; then west along East Atlantic Avenue to the intersection of the Intracoastal Waterway; then north along the Intracoastal Waterway to the intersection of N.E. 1st Street; then west along N.E. 1st Street to the north-south alley within Block 115 ; then north along the north-south alley within Blocks 115, 114 and 113 to the intersection of N.E. 4th Street; then west along N.E. 4th Street to the intersection of N.E. 1st Avenue; then run south along N.E. 1st Avenue to a point where N.E. 1st Avenue intersects N.E. 3rd Street; then run east to the north-south alley within Block 74; the, run south along the alley within Blocks 74 and 75 to the south property line of Lot 61 Block 75; then run west along said south property line to N.E. 1st Avenue; then run south along N.E. 1st Avenue to a point where N.E. 1st Avenue intersects N.E. 1st Street; then run west along N.E. 1st Street to a point where N.E. 1st Street intersects Swinton Avenue; then run south along Swinton Avenue to the east-west alley lying within Block 69; then run east along the alley to the intersection with S.E. 1st Avenue; then run south along S.E. 1st Avenue to the intersection of S.E. 2nd Street; then run east along S.E. 2nd Street to the north-south alley within Block 103; then run south along the alley to S.E. 3rd Street; then run east along S.E. 3rd Street to the north-south alley within Block i 119; then run north along the alley within Blocks 119, 118 and 117 to the south property line of Lot 18, Block 117; then continue east along the south property line of Lots 121 43, 59 and 90 as in the unrecorded Plat of Palm Square; then continue east to the east line of the Intracoastal Waterway; then south to the south line of the Waterway East Commercial Condo; then continue easterly to a point at the southeast corner of Lot A, John B. Reid's Village Subdivision, Plat Book 21, Page 95; then northerly along the west line of Lot 71 Block C, - 4 - Ord. No. 23-95 ~ ..____.._, ______~_._·.·__··__"·_._____·___·_.__w·__,,_·__·_·__···_~___.. .____. __~ ._.. _' _ __ ...-- __on ___,__.. _ .___~..._.__.__.__._..___...,__." .~__.~.__..~,,~._.,..~.., ___~..·.M___'··__ _..._.___ -~--------_..--~.~.~.- _._.·__~__.u,__ ~ . .._. __~.,._~,__._._..._..__._._,__,__. ._.___ " I Ii John B. Reid's Village Subdivision to the ~ ! ¡¡ northwest corner of said Lot 7; then easterly II along the north line of Lot 7 to the northeast i' Ii corner of said Lot 7; then southerly along the ,r ;¡ if east line of said Lot 7 to the southeast corner of Lot 7; then easterly to the southeast corner of Lot 8, Block 4, Ocean Park Subdivision as in Plat Book 5, Page 15; then northerly along the east line of Lots 8, 7 and 6 to the northeast corner of Lot 6, all in Block 4, Ocean Park Subdivision; then easterly to a point being the southeast corner of Lot 8, Block 3 , Ocean Park Subdivision; then northerly along the east line of Lots 8 and 7 to the northwest corner of Lot 24, Block 3 of said Ocean Park Subdivision; then easterly along the north line of said Lot 24, to the northwest corner of Lot 7 , Block 2, Ocean Park Subdivision¡ then easterly along the nortþ line of said Lot 7 to the northwest corner of Lot 16, Block 1 of Ocean Park Subdivision¡ then easterly to a point at the northeast corner of Lot 2, Block 1, Ocean Park Subdivision; then easterly to the mean high water line of the Atlantic Ocean¡ then northerly along said high water line to the point of beginning. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6 . That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of M~¿::~. MAY ~/R AT71ST: Ji ~ ¿:,"'- 'J1 /¡JJn YlJ1.fI A ¡ ~ O;f¡y City Cl rk Ii May 2, 1995 First Reading Second Reading Ma y 16, 1995 - 5 - Ord. No. 23-95 i Lj7<~;:/'(~.. '.,. ""..¿U<." g T , ., I·" I , ' , ! r z # ~[, ; n.. , I ~ ~ ':ð .( '< I'li PO_D. D.,' -...'''' ..D... ~ i I (( I: I I ~ (¢'ëJ I ~~..._- ,'_ ~ : -'='---- . II L .. '" ..." 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"m .....' ... ..._h , ,I ~ . . . . . . . - I .. -- -- - _ ----om n_. _ __. _ . _ ~::__ nm. ~ .:" ."'._ _ . .1-1 ..... ....: ...... ,,,." c=;;-., ....-...... / « ... . ,.... . . : .-... .... ..... ..h. :::.:.l.'h' 'hi ! 1 I{ --;~ '---- '-- - - - -;;¡- L...J N DOWNTOWN DEVELOPMENT AUTHORITY AREA - EXPANDED D.DA AREA V / / /J PLAHNIHG O[PARN(HT . . . . . CITY OF DfLRAY BEACH, rL ORIGINAL D.DA AREA 1:-'::::;":";·;·':1 ------------------ - - DIGITAL fJAS£ MAP SYSTrM _.. C I T Y COM MIS S ION DOC U MEN TAT ION TO: D~VID T. HA~N' CIT~N~GER ~ ' ~ ' · ·Mf~~ ' . ..~ . . ," ,,' I THRU: D ~'-íSÍ~INGUE} (D'IìŒC~ l DEPARTMENT OF PLANNING D t9 ING FROM: 1:~~: ':LLE~~~L~NER SUBJECT: MEETING OF MAY 2, 1995 AMENDMENT TO LDR SECTIONS 8.2.1 (A) AND SECTION 8.2.2 (B) REGARDING REVISED DESCRIPTIONS OF THE ORIGINAL AND EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELc}pMENT AUTHORITY AREA. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an amendment to the LDRs, to provide revised descriptions of the original and expanded boundaries of the Downtown Development Authority Area, and to correct a reference regarding the date the Act establishing the Downtown Development Authority became effective. The affected LDR sections are 8.2.1(A), The Downtown Development Authority, Creation and 8.2.2(B) Downtown Area Description. BACKGROUND Section 8.2.2 of the LDRs provides the legal description of the original Downtown Development Authority (DDA) area. An expansion of the DDA boundaries was approved by a referendum election on April 27, 1993. The expanded boundary was to correspond to the Central Business District, however the legal description which accompanied the House Bill enacting the expanded area omitted certain areas. Subsequently, a revised House Bill adopting the corrected legal description was approved and became effective on May 13, 1994. It is appropriate to reference the new boundary within the LDRs, as the application of certain development requirements differentiates between the original DDA area and the remainder of the Central Business District. City Commission Documentation Amendment to LDR Sections 8.2.1(A) and 8.2.2(B) Downtown Development Authority Page 2 PROPOSED LDR TEXT AMENDMENT The amendment proposes to replace the legal description of the original DDA area and to depict the boundaries of both the original and expanded DDA area on a location map exhibit within Section 8.2.2(B). Also an abbreviated general description of both the original and expanded boundaries will be provided within the Appendix of the Land Development Regulations. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. There was no public comment on the amendment. The Board voted unanimously to recommend approval of the amendment. RECOMMENDED ACTION: By motion, approve on first reading the proposed amendment to LDR Sections 8.2.1(A) and 8.2.2(B) correcting the effectiv~ date of the Act establishing the DDA and providing revised descriptions of the original and expanded boundaries of the DDA area. Attachments: * P&Z Staff Report and Documentation of April 17, 1995 * Ordinance by Others PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 17, 1995 AGENDA ITEM: V.K. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 8.2.1(A) AND SECTION 8.2.2(B) TO PROVIDE REVISED DESCRIPTIONS OF THE ORIGINAL AND EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a LDR text amendment to Section 8.2.1 (A) , Creation of the Downtown Development Authority and Section 8.2.2 ( B) , Downtown Area Description, to provide revised descriptions of the original and expanded boundaries of the Downtown Development Authority Area. r Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND: By Resolution 9-71, the City Commission petitioned the State of Florida for establishment of a Downtown Development Authority (DDA) which became effective on May 22, 1971. Section 8.2 of the Land Development Regulations, "The Downtown Development Authority" provides a description of the Downtown Development Authority Area. This description correlates to the boundaries as originally established in 1971. The state legislature adopted Chapter 91-385, Laws of Florida (HB 1553) , which was subsequently amended by Chapter 92-263, Laws of Florida (HB 1631) permitting the expansion of the DDA area upon fulfillment of certain conditions, one of which required that a referendum election regarding such expansion be held. The referendum election held on April 27, 1993, passed. The new boundary was to correspond to the Central Business District, however the legal description which accompanied the House Bill omitted certain areas. Since the authority to expand the DDA boundaries required action by the state legislature, a new bill adopting the corrected legal description of the Downtown Development Authority Area became effective on May 13, 1994. V.K. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Downtown Development Authority Area Page 2 ANALYSIS Since the boundaries of the Downtown Development Authority Area have changed it is appropriate to reference the new boundary within the LDRs under Section 8.2.2. Further the application of certain development requirements differentiates between the original DDA area and the remainder of the Central Business District, thus descriptions of both areas need to be incorporated wi thin the LDRS. The legal descriptions of the original and expanded areas are very lengthy and are impractical for use as a reference by laypersons. Rather than provide a written description of the expanded area, both the original boundaries and the expanded boundaries of the Downtown Development Authority Area will be depicted as a location map exhibit within Section 8.2.2. Abbreviated legal descriptions of the areas will be included within the appendix of the LDRs. During the review of the House Bill which enacted the original Downtown Development Authority Area, it was noted that the Act to that effect became law on May 22, 1971- Section 8.2.1(A) incorrectly cites the approval date of the House Bill (Mar~h 22, 1971). As a technical matter and to be consistent with references elsewhere within the code, the date of May 22, 1971 should be used. RECOMMENDED ACTION: By motion, recommend that the City Commission approve the proposed amendments as follows: * That LDR Section 8.2.1(A) be amended to state the following: (A) Creation: Due to conditions in the downtown area of Delray Beach, the City Commission by Resolution 9-71, petitioned the State of Florida for establishment of a Downtown Development Authority. An Act to that effect became law on M~tÛi 221 1911 May 22, 1971- * That LDR Section 8.2.2(B) be amended to state the following: i-ªl The oriqinal boundary of the Downtown Development Authority as established by Section 3 , Chapter 71-604 Laws of Florida 1971, effective May 22, 1971, and the expanded boundary of the Downtown Development Authority as established by Chapter 94-476 Laws of Florida 1994, effective May 13, 1994 are depicted in Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Downtown Development Authority Area Page 3 Section 8.2.2 (B)(l) Map of the Downtown Development Authority Area, and are qenerally described within Appendix B of the Land Development Requlations. Attachments: * Proposed Ordinance * Location Map of the Downtown Development Authority Area. Report prepared by: Jasmin Allen f v: PZ t)I)A M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # lo G- - MEETING OF MAY 16. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 25-95/PRORATION OF INITIAL AND FINAL BILLING FOR WATER AND SEWER SERVICE DATE: MAY 11, 1995 This is second reading and public hearing for Ordinance No. 25-95 which amends Chapter 52, "Water" , Section 52.50, "Rendering of Bills; When Payment Due" I and Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide that initial and final billing will be prorated based on service dates. Per our present ordinances, if a customer sets up an accoun~ and that particular route is billed from one to 15 days followin the date the account is established, the customer is billed for one-half (1/2 ) month of the fixed charges for water and sewer. Likewise, if a customer terminates and is in a new month's cycle from 1 to 15 days, the customer is billed for one-half month of the fixed charges. The HTE software used by Finance/Utility Billing allows for an exact proration of fixed charges based upon the actual service start and end date. Staff feels this method is more equitable for our customers and recommends approval of an ordinance to enact this change. At first reading on May 2, 1995, the Commission the ordinance by unanimous vote. Recommend approval of Ordinance No. 25-95 on second and final reading. p~ 6-0 ref:agmemo10 ~ /,,,....... .,_.....__..._._.... '.M· ,_ ..". _.._...".,._..~._...__.._..._._',...~,._~,_ ....>__._.._ - ,,_ ... -..,---~._-,.".--,,---.-___._.__~._._._,.__ .-. .... -._.____._" h.'" ,_...._,.~..__._____._._~_ .~~, .__~ ".__~.~_~__".__.~..___.~.____.. ..-.... _...-~ __, - .,. ...... ...- ________ , Ii ORDINANCE NO. 25-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, BY AMENDING SECTION 52.50, II RENDERING OF BILLS¡ WHEN PAYMENT DUE", BY AMENDING SUBSECTION . 52.50(B), TO PROVIDE THAT INITIAL AND FINAL BILLING ! WILL BE PRORATED BASED ON SERVICE DATES; AMENDING CHAPTER 53, "SANITARY SEWERS", SECTION 53.130, "USER CHARGES¡ WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE II, BY AMENDING SUBSECTION 53.130(H), TO PROVIDE THAT INITIAL AND FINAL BILLING WILL BE PRORATED BASED ON SERVICE DATES i PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of ·rervices rendered, the City Commission desires to more accurately ref ect the payment for services provided for the rendition of water and sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 52, IIWaterll I Section 52.50, "Rendering of Billsi When Payment Due", is hereby amended by amending Subsection 52.50(B) to read as follows: (B) A billing cycle shall consist of approximately thirty (30) days and is determined to ! be from one meter reading to the next. ¡. /¢¢týj.¢¢ . ~¢tj.ø~ /Ø1 /¡ /~Ø /¡~ /~~ý¢ /¢~~~~ /~¢ /¢Ø~¢j.~¢t¢~ /~¢ Ø~¢f~~~1/t¡/~1/¢Ø~~~/tøt/~j.~~j.~g/~~t~ø¢¢¢/~~~/¢~øtg¢¢ Wj.~~ /~¢ /~~i~¢~¢~ /Ø¢¢øt~j.~g~ýJ Initial and final billinQ shall be prorated based on service dates. Section 2. That Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", is hereby amended by amending Subsection 53. 130(H) to read as follows: ·. --.._-. ~_....~--_.. .,.---- .. .'"--"---"-'''- . -.- ...-.--"--.. ....----.-.- .-.-....-..-. -.--.--.----.'" _, .__"_ .. _.___ _ c·_._____~_,_.~_,_~__·_·'_·,.~,_____~··____·_~···____· - .,_. ..._-"'--- . -......___.._...._._~____.__~....~.___..~._______...~__ ..-__._ ---- . ..____ (H) All statements for sewer service shall be submitted monthly on the same statement as the charges for water service and shall be due and payable at the same time as the statement for water service. However, the charge for sewer service shall be made a separate item on the statement. Initial and final billing shall be prorated based on service dates. Nonpayment of these charges shall render the user subject to the provisions of Section 52.51 provided for nonpayment of water bills as now or hereafter established by the ordinances of this City. The owner of the property being serviced by City sewer shall be responsible for all charges against that property for sewer use, unless otherwise prohibited by law. Charges for delinquent accounts shall include collection costs and reasonable attorney fees. , f 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. Section 4 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of May I 1995. ATTEST: %?~ i (}J"Mn~}úP~ 1-h1.=IiT City C erk First Reading May 2, 1995 Second Reading May 16, 1995 - 2 - Ord. No. 25-95 · . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # I~ A - MEETING OF MAY 16. 1995 FIRST READING FOR ORDINANCE NO. 26-95/DESIGNATION OF THE BLANK HOUSE AS A LOCAL HISTORIC SITE DATE: MAY 12, 1995 This is first reading for Ordinance No. 26-95 which designates the Blank House located at 85 S.E. 6th Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of three lots containing a single family residence constructed in 1907, a 3-unit apartment building constructed in 1947, and a garage apartment constructed in 1950. While two of the structures are not historic, it is recommended that the entire parcel be designated to ensure that inappropriate development"does not adversely affect the historic house. The Blank House, Duil t for the John R. Blank family who came to Delray in 1903 from Michigan, is a good example of early wood frame vernacular style of architecture constructed by the City's pioneering families. It contains all of the major features of the style and is largely unaltered. The Historic Preservation Board conducted a public hearing on this matter on May 3, 1995, at which time the Board voted 5 to 0 to recommend the designation of the Blank House as a local historic site. Recommend approval of Ordinance No. 26-95 on first reading. If passed, a public hearing will be held on June 6, 1995. ¡J~ 5-0 ref:agmemo17 - -.,.- _. -'--- ..- - -..------..--. .-..-.-,.- ,_._,~, .--..--. . -. ,,-....-- . --.....".- ---.-- ---'. ..,. .--... . .-,--- ... .. -------,--_._.-~--------^._._._---~-- '._'--'-~---~-~----- ~--,._--_..,,_.-"---------_. _..."-_._--.-~--.-~.-.-- [I ORDINANCE NO. 26-95 :\ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 'i I! DELRAY BEACH, FLORIDA, DESIGNATING THE BLANK HOUSE, LOCATED AT 85 S.E. 6TH AVENUE, AS MORE PARTICULARLY \I DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Michael D. Bonchak, owner, has nominated the property described herein to be designated as a local historic site; and f WHEREAS, a designation report was prepared concerning the designation of the property located at 85 S.E. 6th Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on May 3, 1995, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE BLANK HOUSE, located at 85 S.E. 6th Avenue, Delray Beach, Florida; more particularly described as follows: ~ "." "_"_'._"'~"'. __, '._.,_, _____·n_~___~_________ ,"_ --.___ _ -_........ - ~... _'__'_"'._ --...'..--'- .._-. .-+".,'.--"." _._--~ ".-- ._-. - ...--. -.---, -. ._~ - .,.--..+.- ....... . -- _.. .- ..._--~_." -.-- .....- -,_.~._,- _..~._._--_.._._. .--.-,"--.--------. ._- -_.. .-.... ,-.--..-- -----,.----.- ! i I Lots 12, 13 and 14, Block 117, DELRAY BEACH (FORMERLY I I TOWN OF LINTON), as recorded in Plat Book 1 at Page 3 I of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invaltd. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 26-95 · -. M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM * 12- 8 - MEETING OF MAY 16. 1995 FIRST READING FOR ORDINANCE NO. 27-95/DESIGNATION OF THE MONTEREY HOUSE AS A LOCAL HISTORIC SITE DATE: MAY 12, 1995 This is first reading for Ordinance No. 27-95 which designates the Monterey House located at 20 North Swinton Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a two story building which was constructed in 1939 as a single family residence in the Hillcrest Subdivision of West Palm Beach. It was designed by Palm Beach architect Belford Shumate and is an excellent example of the Monterey style of architecture. The Monterey House was relocated to Delray ,each in January, 1995. The purpose of designating the property is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square Historic District. The Historic Preservation Board conducted a public hearing on this matter on May 3, 1995, at which time the Board voted 5 to 0 to recommend the designation of the Monterey House as a local historic site. Recommend approval of Ordinance No. 27-95 on first reading. If passed, a public hearing will be held on June 6, 1995. t~ S--O ref:agmemo18 - -- -~-~-- ----- -. I ORDINANCE NO. 27-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MONTEREY HOUSE, LOCATED AT 20 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, the Delray Beach Community Redevelopment Agency has nominated the property described herein to be designated as fa local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 20 North Swinton Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on May 3, 1995, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE MONTEREY HOUSE, located at 20 North Swinton Avenue, Delray Beach, Florida;, more particularly described as follows: -----~-_. ~- .-.---- ,- Lot 12, Block 60, DELRAY BEACH (FORMERLY TOWN OF LINTON) , as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be inval~d. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 27-95 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ft / Z. C - MEETING OF MAY 16. 1995 FIRST READING FOR ORDINANCE NO. 28-95/DESIGNATION OF THE HISTORIC BUNGALOW AS A LOCAL HISTORIC SITE DATE: MAY 12, 1995 This is first reading for Ordinance No. 28-95 which designates the Historic Bungalow located at 24 North Swinton Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a one story building which was constructed in 1925 as a single family residence in the Hillcrest Subdivision of West Palm Beach. It was built by West Palm Beach contractor W.P. Smith and is a classic example of the Bungalow style of architecture. The Historic Bungalow was relocated to Delray ¡Jeach in January, 1995. The purpose of designating the property is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square Historic District. The Historic Preservation Board conducted a public hearing on this matter on May 3 , 1995, at which time the Board voted 5 to 0 to recommend the designation of the Historic Bungalow as a local historic site. Recommend approval of Ordinance No. 28-95 on first reading. If passed, a public hearing will be held on June 6, 1995. p~ 5-0 ref:agmemo19 · ---..---._-" ...... .. ORDINANCE NO. 28-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HISTORIC BUNGALOW, LOCATED AT 24 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC , SITE; PROVIDING FOR THE AMENDMENT OF THE \I ZONING MAP , I OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, the Delray Beach Community Redevelopment Agency has nominated the property described herein to be designated asf a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 24 North Swinton Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on May 3, 1995,the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida} is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE HISTORIC BUNGALOW, located at 24 North Swinton Avenue, Delray Beach} Florida; more particularly described as follows: , . ---------~---_.~.__._--..~--- -~--_.- --- ..-. --- --~------~ .---...-.------ ----. -~------- ..~.--....----.- The South 50 feet of Lot 11, Block 60, DELRAY BEACH (FORMERLY TOWN OF LINTON), as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 28-95 COMMENTS FROM CITY COMMISSION REGULAR MEETING OF MAY 16, 1995 From Item 9.G. , Contract Addition (C.O. #41/Sun Art paintinq Corporation, Commission asked to be informed of who the consulting engineer and the contractor were on the Water Treatment Plan project. 11.A. City Manaqer's Response. None 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediatelv followinq Public Hearinqs. 11.B. From the Public: 11.B.1. Steven Liewer, 2515 Oceanview Avenue, distributed a letter to the Commission expressing the concerns of the residents of Gulfstream Estates about traffic problems near Atlantic High School, and especially the School Board's program to open the north gate on a test basis (a copy of which is attached hereto and made a part of these minutes) . On behalf of the residents of Gulfstream Estates, Mr. Liewer asked for the Commission's support in requesting the School Board to delay the gate opening at least until his group could meet again with School Board representatives in an effort to work out an alternative solution. Mayor Lynch felt that the School Board's trial test was a fair compromise and suggested that it be given a try since there is only a short time remaining until the end of the school year. This may or may not be successful. In fairness to all concern, the opening of the gate mayor may not work, but it is a lot better than what was originally proposed. If it doesn't work, the City will be more than willing to try to find a better solution to the problem. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. The Assistant City Manager did not have any comments or inquiries. 13.B. The City Attorney did not have any comments or inquiries. 13.C. Dr. Alperin reported that he had attended the Donna Summer Concert at the tennis stadium on Sunday, May 14th, and felt it was a tremendous success. He noted that he had been seated near people who came from other cities throughout the State who were very complimentary about the stadium and the City in general. The facility worked out beautifully and the people had a great time. Regarding the Education Concurrency Task Force, Dr. Alperin reported that he had attended his first meeting and was shocked to learn that if the School Board tried to catch up with everything that is needed just in terms of capital improvements over the next five years, we're talking about $600,000,000 in construction, and this doesn't include the increase in need over the next five years. That's how far behind the School Board is right now. He further reported that the committee, in meetings prior to his appointment, had already decided on the level of service, meaning how many students in a classroom and what needs are anticipated. Dr. Alperin was disappointed because the committee had settled for a mediocre level, whereas his feeling is that they should aim for a high quality level and if it can't be reached, then go with something less. In addition, there had been no discussion on planning for the growth of the County concurrently with the educational abilities to keep up wi th it, which is what Dr. Alperin thought the committee was about. What the task force has been about so far is catching up with the needs of the rest of the County instead of trying to get the County to control its growth so that the School Board can keep up with it. Hopefully, this will change in future meetings. Dr. Alperin reported that he had attended the Palm Beach County Intergovernmental Coordination Program on May 15, 1995, and had passed along to the Planning Director a County-wide plan for disaster recovery coordination. The idea is to get the entire County to work together as a unit in case of a disaster. There is no coordination right now, everybody is on their own relying on their own plans. Dr. Alperin then reported on a proposal for growth management from the Urban Forum. He distributed a map which represents an agreement they came up with for the "four tier system" . He felt that even though it is a concession, at least it is an indication that they may be reaching some agreement. However, he understands that Palm Beach Gardens is already claiming that the Municipal League will not go along with the proposal. Mayor Lynch commented that the Municipal League has a meeting coming up on this matter and he feels their recommendation will be that there should be no impact fees in redevelopment areas, and that the cities should have lesser impact fees than the County areas in the west because the growth is in the west and the cities have been paying those bills all along. The Mayor further stated that the County Commission has agreed to work with the Municipal League to achieve some kind of fair system. At this point, Ms. Jean Beer, Palm Beach County Land Use Advisory Board member, reported on her understanding of the tier system. -2- In conclusion, Dr. Alperin suggested to Mayor Lynch that when the Municipal League discusses this matter, the Mayor listen carefully to Palm Beach Gardens since they may be trying to dominate the Municipal League's decision and that is not necessarily right for the rest of the cities. There being no further business, the meeting was adjourned at 8:55 P.M. -3- Steve Liewer 2515 Oceanview Ave. Delray Beach, FL 33444 April 30, 1995 David T. Harde~ city manager City of Delray Beach 100 Northwest First Ave. Delray Beach, FL 33444 Re: Traffic problems near Atlantic High School Dear Mr. Harden: c I am a resident of the Gulfstream Estates community north of Atlantic High School and recently was part of a group that met with officials from the high SChOO4 School Board, Delray Beach, Boynton Beach and Palm Beach County to find a solution to the continuing traffic problems on Seacrest Boulevard near Atlantic High School. As suc~ I am in receipt of Mr. AgUstin Hernandez' letter of April 20, which purports to represent the consensus reached by our group during our March meeting. Unfortunately, his letter misstates our conclusions. Tasks 2, 3, and 4 of Mr. Hern~nde~ program accurately reflect what our committee agreed would be constructive solutions for the traffic problems near the high school. But Mr. Hernandez bas omit1ed from his pragmm the 1a.sk aut committee agreed was the most important: the posting of a police officer at the school's north entrance. The committee agreed that, in the short term, this would best ease the rush-bour traffic crunch on Seacrest Boulevard. Mr. BarcinsJd, who served on the comm.ìttee, agreed that the city could provide officers. However, the "Task 1- listed in Mr. Hernandez' letter was specifically rejected by our committee. The traffic engjnœrs in particular did not like the idea of opening the high school's Oceanview A venue gate. They agreed that the streets of Gulfstream Estates are too D8IT0W and that the restraints proposed by the School Board to limit traffic to certain streets likely would be ineffective. The residents of Gu1fstream Estates want to work with the school to solve its traffic problems. However, we believe the Oœanview Avenue p.te should not be opened. We believe it will only create a second traffic problem while endangering the safety of children in our neighborhood. We don't believe a "pilot program" is necessary to test the , opening of the gate. The gate was open for many years until the late 1970s, when residents and school officials agreed to close it permanently because of the traffic problems in Gulfstream Estates. Now School Board officials wish to cancel that agreement on their own. We ask that you accept our help in finding a solution that is acceptable to everyone involved. Thank you for your çonsideration. Sincerely, Steve Liewer c attachment cc: Larry Zabik AI Stall Michael Murgio Agustin Hernandez Jan Hansen Paul and Debbie Shersty Carole Shetler Win Clark Linda Cowart Kate Boyles Dan Beatty Margaret Macklin Jon Strickland Byron Smim Carolyn Lalonde Oleg Shersty . ~~; y -; ~.-? f- ~i f- . --., '-.~':~"-~:~ r~~:I;'l~~ r~·-~ ~ r~ ~: -.~~; r:-~~ ;;~ f: ;.: .J . . . ~ ' ì; f " , £ 1 ¡ , j;.. ~ ¡ i .; '" ~ .... : ~. ; ..\... ,~ .'. DElRA Y BEACH I I 0 . n .. tKe.d . -: _ ',':,' . ~,' :.. ...=)~~,= . :-ë~?A,( 5EAC~ fLOh::'A 33':':~ . ~C7-242-7 :':': All-America City , till! 1993 May 11,1995 Dear Resident: County School Board staff, in cooperation with City staff have agreed, per the attached letter from Mr. Hernandez, to open the north gate at Atlantic High School as an egress only, from 7:00 a.m. to 8:00 a.m beginning May 22, 1995. This will be a test opening and will conclude at the end of the current school year in June. The City will be providing Po]ice assistance on Webb during the test period. Data will be reviewed to determine effectiveness in relieving traffic onto Seacrest and to determine if there were any adverse impacts on the neigh borhood. A final determination on the gate opening will be made this summer after the test period data is analyzed. Sincerely, -;?~A~ ROBERT A. BARCINSKI Assistant City Manager RAB:kwg - .. . . - .. . . , . cc: August HernåÍ1dez Carole Shetler Capt. Larry Schroeder @ p. -:~: ~r ;:;," ..(,.: =;;.:.' T~= EFFCP,¡ ALWAYS MA¡TE~S THE SCHOOL BOARD DR. C. MONICA UHLHORN OF PALM BEACH COUNlY, FLORIDA SUPERINTENDENT OF SCHOOlS PLANNING, CONSTRUCTION & REAL ESTATE ri r ,-', ,- i \ , ,_. r~ 3320 FOREST HILL BOULEVARD, SUITE C-331 ',' =~.I C . \,~:- ,) WEST PALM BEACH, FL 33406-5813 (407) 434-8020 FAX (407) 434-8187 ,1PR 2 6 1995 LIT"{ r./i'¡· '. . ;.. .... ~. ,- ~ . "'1'," April 20, 1995 David T. Harden, City Manager City of Delray Beach 100 Northwest 1st Avenue Delray Beach, FL 33444 Re: Atlantic High School - Seacrest Boulevard Access Safety Problems Dear Mr. Harden: We have been working with representative of your City, Atlantic High School staff and the surrounding neighbors to resolve a long-standing Sea crest Avenue congestion problem. As you are aware, Sea crest Avenue experiences severe back-ups, in both directions, during the peak school hours. To resolve this problem, the following multi-task program has been consensually developed: Task 1: Conduct a 30-day pilot program to initiate restricted opening of the north campus gate under the following limitations: · 7:00-8:00 am Egress opening only. Primarily intended to facilitate parental drop-off/exiting. · Traffic cones placed on DeCarie Street to prohibit all ingress and to limit Egress traffic to "right turns only"; · Posting of a school guard to enforce above restrictions; .. Installation of a "right turn only" sign at the north gate opening. Task 2: Under the directions of the City En~ineer , conduct a preliminary traffic study to relocate the existing signal at the center opening to the northern most opeI1ing, Lï.cluding éi timing analysis to ensure safe and adequate bus egress. Task 3: . Restripe/eliminate left turn lane into center opening. Task 4: Review and modify as necessary, existing signal timing to establish improved traffic flows. Attached find a copy of a drawing showing the traffic improvements to the school's north access on Seacrest Boulevard. H:\data\ wp51 \doc\hs.alh . David. D. Harden April 20, 1995 Page 2 ( The School District requests the assistance of the City of Delray and more specifically the assistance of the City's Pollce Department. A pilot program was suggested by all representatives to the d~scussions. Finally, the School District requests continued assistance from the City's Police Department for traffic control at the north access point on Seacrest Boulevard during the morning and afternoon peak hour. Respectfully, AAH:lm Attachment c: Lawrence G. Zabik AI Stall Michael Murgio Steve Liewer Jan Hansen Debbie and Paul Shersty Carole Shetler Win Clark Linda Cowart Kate Boyles Dan Beatty Margatet Macklin Jon Strickland Byron Smith Cardyn Lalonde Oles Shegtz H:\data\ wpSl\doc\bs.atb , · "0 > ..... 1 !M:¡' ~:~:~~:~~, t; l~~~ = ;~:.;*~.;:1:-~: '\ ~~~~~~~ >:~~~~~~:. : - ;..~~~ (jt,~:,,~,~·, ~.::~~~ :J::t~t~~;: ~ f _."'Ji!~.' ".~~~' ..~ .~~.~~:::~~~~ (j:~\~~~: ~~~~ O;¡~:~q N ~~~:~,~ c~1~~t " ~ ~i~~ z ~:~'1è: . . J~~I~' t~ -, ~, . .... ~ ". '~(~:" . , BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PLANNING, ZONING & BUILDING PRELIMINARY TIERS ~ £31:~ · r-- ¡"·I.tr. ~ . TIM mmo t' ~" ~...¡.. 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