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07-11-95 Regular · OHRAY BEACH f l l) II. J Ú \ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING be:d AII·America Cit, JULY 11. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. '1111 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 énjoy 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 recor~ keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: None 6. Proclamations: None 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. LANDSCAPE WAIVERS FOR FINE REALTY OFFICE: Approve two waivers to LDR Section 4.6.16(H) (3) (a) to eliminate one required terminal landscape island and reduce the width of one required terminal landscape island from 5 feet to 4 feet for Fine Realty Office, proposed to be located at the northeast corner of N.E. 5th Avenue and N.E. 3rd Street, based upon positive findings. B. LANDSCAPE WAIVERS FOR LINTON OFFICE CENTER: Approve waivers to LDR Section 4.6.16(H) (3) (k) to reduce the required landscape strip between a parking row, and LDR Section 4.6.16(H) (3) (d) to eliminate the required 5 foot landscape strip along the north property line of Lot 1, the north and south property line of Lot 3, and the north property line of Lot 5 for Linton Office Center, located east of Military Trail on the south side of Linton Boulevard, based upon positive findings. C. LANDSCAPE WAIVER FOR LAKE IDA PARK: Approve a waiver to LDR Section 4.6.16(H) (3) (i) to eliminate the required landscape islands within the parking lots located in the south end of the northern portion of Lake Ida Park, located east of I-95 on the north side of Lake Ida Road, based upon positive findings. D. RESOLUTION NO. 53-95 (fu3ANDONMENT OF A PORTION OF N.W. 6TH AVENUE ) & WAIVER OF REOUIREMENT TO PLAT: Approve a resolution abandoning a portion of the N.W. 6th Avenue right-of-way lying south of Lake Ida Road and immediately west of the -Community Child Care Center; and waive the requirement of LDR Section -2- " 2.4.6(0) (3) (e) that the abandoned property be platted, subject to conditions. E. ACCEPTANCE OFJEASEMENT DEED FROM tOMMUNITY CHILD CARE CENTER OF DELRAY BEACH. INC.: Accept an easement deed from the Community Child Care Center to cover existing facilities within the N.W. 6th Avenue right-of-way to be abandoned by Resolution No. 53-95. F. ACCEPTANCE OF JEASEMENT DEED FROM ¿OUNTY SANITATION INC.: Accept an easement deed from County Sañitation, Inc. granting a 15 foot water main easement on property located at 1475 S.W. 4th Avenue. G. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE/BEACH NOURISH- MENT PROJECT: Authorize Çpastal Planning & Engineering, Inc. to proceed with the Two Year Post-Construction Infaunal Monitoring Study for the 1992 Beach Nourishment Project at a cost not to exceed $13,282.11; with funding from the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. H. ¡FINAL PLAT /DELRAY SHELL: Approve the final plat for Delray Shell located at the southeast corner of Atlantic Avenue and Congress Avenue. I. vFINAL PLAT/~TERANS PARK: Approve the final plat for Veterans Park which consolidates the Veterans Park property and related easements. J. REVISION TO CORNICHE PLAT: Approve a change in the dedication language for the 24 foot access easement on the Corniche plat to allow public access. The property is located on the east side of northbound Federal Highway, just south of Knowles Park. K. RESOLUTION NO. 48-95 AND ASSIGNMENT TO HABITAT FOR HUMANITY: Approve a resolution authorizing the City to purchase the Randolph-Baker ~roperty located on S.W. 7th Avenue to provide for housing pursuant to the CitY'sJAffordable Housing Program, together with an Assignment Agreement whereby the City will assign its rights in the purchase contract to ~abitat for Humanity. L. RESOLUTION NO. 49-95: Approve a resolution authorizing the City to purchase~roperty located at 608 South Swinton Avenue for $22,950, and 4795 N.W. 6th Street for $43,200 to provide for housing pursuant to the City'svAffordable Housing Program. Funding is available from HOPE 3 118-1922-554 -61.10, 49.10, 83.01, 34.30, and 49.19, through budget transfer from 31.30. M. TELEPHONE ACTIVATED VEHICLE INFORMATION SYSTEM (TAVIS) AGREEMENT: Approve an agreement with the Palm Beach County Tax ~t}.Jc.,Cv. Collector to put the City on-line with the Telephone Activated ~/ Vehicle Information System (TAVIS) network, which allows direct access to the Florida Department of Highway Safety and Motor Vehicles, at an annual cost of $50.00. -3- " N. HOLD HARMLESS AGREEMENT WITH SPANISH RIVER RESORT ASSOCIATION. INC. : Approve a Hold Harmless Agreement with Spanish River Resort Association, Inc. to indemnify the City from any suits relating to the maintenance of utilities within an existing easement in which the Association constructed an 8 foot· privacy wall. O. RESOLUTION NO. 51-95/STATEWIDE MUTUAL AID AGREEMENT FOR . CATASTROPHIC DISASTER RESPONSE AND RECOVERY: Approve a ~~~resolution authorizing the Mayor and City Clerk to execute the ~S~ Statewide Mutual Aid Agreement for Catastrophic Disaster ',' Response and Recovery, and Modification #1 thereto. l- L/' P. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE /McGRAW PROPERTY: Approve an amendment to the above referenced contract to enlarge the time for inspection until August 15, 1995, in order to conduct the second phase of the environmental audit on the property. Q. OFFER OF JUDGMENT/CITY V. PACOULOUTE (~.W. 10TH STREET ACOUISI- TION): Approve a settlement offer in the amount of $5,000.00, not including ~ttorney' s fees, for settlement of the above referenced eminent domain case. R. SETTLEMENT OFFER/CHARLIE BROWN V. CITY OF DELRAY BEACH: Reject C~ settlement offer in the amount of $100,000.00 in the above referenced case. S. RESOLUTION NO. 52-95: Approve a resolution assessing costs for abatement action req~ired to remove nuisances on 13 properties located throughout the City. T. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Management Dynamics for a Cassette Tape ., :;. Back-up Unit with two, six-cartridge autoloaders for the ¡nJ' City Hall AS/400. The current back-up unit will be installed on the Police Department AS/400. The total cost including the two installations is $31,950, from 334-6112-519-64.11. 2. Grant awards for the rehabilitation of three single family housing units owned by the City under the HOPE 3 home ownership program, to be awarded as follows: $17,356 for rehabilitation at 264 N.E. 14th Avenue to Henry Haywood, $13,713 for 5072 N.W. 5th Street to Alpha Ultra Inc., and $23,084 for 511 Angler Drive to Alpha Ultra Inc. Grant award amounts include base bid plus 5% contingency. Funding is available from HOPE 3 Grant 118-1922-554-49.19, through budget transfer from 118-1922-554-31.30. 3. Bid award to Hardrives of Delray, Inc. for road resurfacing on Bishop Drive, Ross Drive, Ambrose Drive, and Poinsettia Boulevard, and complete road reconstruction of approximately 1100 linear feet of Davis Road, all in the Sudan Subdivision, with funding in the amount of -4- · $63,694; with $24,025 from 334-3162-541-61.17 and $39,669 from 228-3162-541-61.19. 4. Bid award to Wallace Ford for one Ford F-150 1/2 ton, 4 x 2 pickup truck, in the amount of $15,693 from 501-3312-591-64.20. 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board and the Site Plan Review and Appearance Board during the period June 19 to July 7, 1995. B. RESCHEDULING FIREWORKS DISPLAY: Consider a proposal to reschedule the Centennial Fireworks Display. C. WEST ATLANTIC AVENUE REDEVELOPMENT PLAN: Consider adoption of the West Atlantic Avenue Redevelopment Plan and initiation of associated Future Land Use Map amendments, rezonings and LDR text amendments. D. CONDITIONAL USE APPROVAL/FINNISH GRANITE: Consider a request for conditional use approval to establish an ornamental stone cutting facility. The subject property is a vacant 1.64 acre parcel located on the east side of North Congress Avenue, north of Don Francisco's Way, and is zoned MIC (Mixed Industrial and Commercial) District. E. INITIATION OF ¡COMPREHENSIVE PLAN AMENDMENT 95-2: Consider formal initiation of Comprehensive Plan Amendment 95-2, pursuant to the recommendation of the Planning and Zoning Board. F. INTE OCAL AGREEMENT AND LEASE AGREEMENT WITH ~ALM BEACH COUNTY FOR ANDOWAY HOUSE PROPERTY: Consider approval of an Inter- local Agreement and Lease Agreement with Palm Beach County for the Sandoway House property and authorize staff to secure grant funding. ~ MARKETING AGREEMENTYLIDDUN INTERNATIONAL. INC.: Consider renewal of the Marketing Agreement between the City and Liddun International, Inc. for the Tennis Stadium. H. RESOLUTION NO. 50-95: Consider a resolution supporting the VRoots Cultural Festival, Inc. in their efforts to sponsor the 18th Annual "Roots Cultural Festival", and the Festival Committee's related support request list. I. vSPECIAL EVENT REOUEST/SUMMER NIGHTS ON THE AVENUE: Consider a request from the Downtown ~oint Venture to approve the Summer Nights on the Avenue series, including temporary use permit, street closures, City staff assistance and waiver of overtime. J. CONTRACT ADDITION (C.O. #10)/CHAZ EOUIPMENT COMPANY. INC.: Consider a contract addition (Change Order #10) with Chaz -5- . . - Equipment Company, Inc. for the ~ergency removal/replacement of a deteriorated sanitary manhole on Juniper Drive in The Pines of Delray, in the amount of $18,500 from 442-5178-536-61.84. 10. Public Hearings: A. ORDINANCE NO. 29-95: An ordinance ~nnexing a 4.17 acre parcel of land known as the Carusillo and Evans property, located on the west side -of Military Trail, approximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of POC (Planned Office Center) District, 'and providing for a Small Scale Future Land Use Map amendment to affix an official City land use designation of Transitional. B. ORDINANCE NO. 35-95: An ordinance repealing Chapter 110, "Occupational Licenses Generally", of the City Code, and enacting a new Chapter 110 to provide for the adoption of recommendations put forth by the Occupational License Equity Study Commission. 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. 36-95: An ordinance {nnexing a parcel of land located 70 feet east of Swinton Avenue and south of Tangerine Trail (if extended westward); establishing initial zoning of R-l-AA (Single Family Residential) District; and providing for a vSmall Scale Future Land Use Map amendment from County MR- 5 (Medium Residential - 5 units per acre) to City Low Density Residential. If passed, public hearing on August 1, 1995. B. ORDINANCE NO. 38-95: An ordinance rezoning a parcel of land located on the west side of S.W. 5th Avenue, immediately south of Straghn Funeral Home, from RM (Medium Density Residential) District to GC (General Commercial) District. If passed, public hearing on August 1, 1995. C. ORDINANCE NO. 39-95: An ordinance amending Section 4.6.5 of the Land Development Regulations to reduce the maximum height of walls, fences and hedges in front yard setbacks. If passed, public hearing on August 1, 1995. D. ORDINANCE NO. 40-95: An ordinance amending Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", of the Land Development Regulations by modifying the review authority and appeal procedure, and providing clarification on various standards. If passed, public hearing on August 1, 1995. 13. Comments and Inquiries on Non-Agenda Items. -6- . . . - A. City Manager B. City Attorney C. City Commission -7- , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt9JL1 SUBJECT: AGENDA ITEM # <gA - MEETING OF JULY 11. 1995 LANDSCAPE WAIVERS FOR FINE REALTY OFFICE DATE: JULY 7, 1995 This is before the Commission to approve a request for two waivers of LDR Section 4.6.16(H) (3) (a) requiring terminal land- scape islands of a minimum five foot width at the end of all parking rows. The subject property is Fine Realty Office proposed at the northeast corner of N.E. 5th Avenue and N.E. 3rd Street. The applicant proposes a parking area accessed directly from the alley to the east. A landscape waiver is required at the north end of the parking row adjacent to the alley. Adjacent to the parking lot accessed from 3rd Street, the applicant has proposed a four foot landscape island. The proposed island contains all of the required plant material. The proposed landscape areas on the site meet or exceed all other minimum standards. The Site plan Review and Appearance Board unanimously voted to approve, with conditions, the site plan, landscape plan and elevations and recommended approval of the waivers at its meeting of June 14, 1995. Recommend approval of two waivers to LDR Section 4.6.16 (H) (3) (a) to eliminate one required terminal landscape island, and to reduce the width of one required terminal landscape island to four feet to Fine Realty Office, based on positive findings. , ~ CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: MEETING OF JUL Y 11, 1995 ***CONSENT AGENDA*** LANDSCAPE WAIVERS FOR THE FINE REALTY OFFICE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of two waivers to LOR Section 4.6.16(H)(3)(a), requiring terminal landscape islands of a minimum 5' width at the end of all parking rows. The subject property is Fine Realty Office, proposed at the northeast corner of NE 5th Avenue and NE 3rd Street. BACKGROUND: The subject property is a vacant parcel located at the northeast corner of NE 5th Avenue and NE 3rd Street. The current proposal is a one-story 2,620 square foot office structure, housing an office for Fine Realty and tenant space. Pursuant to LOR Section 4.6.16(H)(3)(a), a terminal landscape island with a minimum width of 5' is required at the end of all parking rows. The applicant proposes a parking area accessed directly from the alley to the east of the property and a parking lot accessed from NE 3rd Street. No landscape island is provided at the north end of the parking row adjacent to the alley. A landscape waiver is required for that item. Adjacent to the parking lot accessed from 3rd Street the applicant has proposed a 4' landscape island. The proposed island contains all of the required plant material. REQUIRED FINDINGS: Per LOR Section 2.4.7(8)(5), the body approving a waiver must make findings that granting the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; " City Commission Documentation Landscape Waiver - Fine Realty Office Page 2 c) Shall not create an unsafe situation; or d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City Commission can make the required findings, pursuant to the following: a) The parking areas in question will be sufficiently screened from adjacent streets by proposed landscaping and the structure itself. b&c) The waivers affect aesthetic issues only and will not have an impact on public facilities or public safety. d) The proposed landscape areas on the site meet or exceed all other minimum standards. The proposal is an infill development on a small parcel in the existing downtown area. Waivers of this type are commonly granted to accommodate unique site characteristics on similar parcels. The applicant would be granted no special privilege or advantage from the waiver that is not available to any other property owner in similar circumstances. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: SPRAB considered this item at its meeting of June 14, 1995. The Board unanimously voted to approve with conditions, the site plan, landscape plan, and elevations for Fine Realty Office and to recommend approval of waivers to LOR Section 4.6.16(H)(3)(a). RECOMMENDED ACTION: By motion, approve two waivers to LOR Section 4.6.16(H)(3)(a), to eliminate one required terminal landscape island and reduce the width of one required terminal landscape island to 4' as indicated on the attached plan, based on positive findings with respect to LOR Section 2.4.7(B)(5). Attachments: 0 Location Map 0 Landscape Plan ^ "" V"-. ""~r f c=J : U§I II I~ t:=1 ~ - H ( ì Y V~VÇ.. 01-- I tÀl II Izl J _ ~£. 5TH TERR. L ~-= : = ¿.£.~ ~6lH~ = i'» ST. ~ ,..- >-- I - '-- -'--- - ~_ _ I - f-- Í<, ----¡ - I f-- - ~ N.£. 5n-t CT. '--- I f-- _ '! i---- - L ~ I ~.£. 51H ST. ~ I , ~ ~ n c.. '---, ~ .... 'Ø'~ /1 - !------i - I 4. ó I< r-- ~U I J_ - Z I-- ~.£. 51H 51. '-- J >= f-- >= _ ~ L- _, I-:I: EI . 1- ..¡ - , '! - ui - u¡ Z, '-- I -', ::) -zc--- J ,- . ~';" 4TH _ST. - I = f--- -, f--I-' ~ f--- - I f-- I- ~- <- f-- -, r= r=f-- I- - f--- f ~ ~-- r--- - ::¡::r:_ -- := , -J- - -.--:, I :i. <-- f--. II:: a= f--~ ~ ¡- I' ~ ~ ~ =< « r- ~: ml:f ~ -- - =1 I F ~ - _I I ¿III= Q m- - - '-- , _ N.£. 1 -~I;- - IH-j'/ 11,r- - I ~L~ ~ - I '--t- ~ c--- - I 1 -¡:=f-- - - r--- I -,- ~ - ~ I ---+-I:=:-- - - - --T f-- = =::::::::; I ---L r--- f-- -I ~r--- w - 0 ::=:- I I rr~ . z - ~ ~~ Z N == I I - =, 1 I _ N.£. ,.--, 2ND ST. _, to I -- - 1-, -_£:I £:I r- Q Z Z - 'd r-- => => '''' '--- 0 0 ----- : == _ Q) In ,< ¡--- ::r: I r'l.t:. ,-..- ,II:" - t- t- ~ _ => æ I ~ ,~ ~~ ~ I ~ :~ ~ I~ '--, h - N.E. J 1ST .....- r-- S . f.! f.!, _ ~ , f-- _ '--- , I-;:::.-~ I-- , I 0 - 01--- I-- I ¡- Zf-- Z N FINE REALllY OFFICE PlAJ'INING DEPARTMENT Cll"( or DElRA Y BEACH. Fl -- oorAl BASE' I/AP SY57fM -- ~ ~ . ~~\ ~~ ~ tJ I ; -1- ~ ,t._, ... - - - - - - - - -, ,- ,- .- - ,- - - - - { I .. . file; t "\ Ç,fíl\ h'lbl~C X . ,i~:f'¡ I ~ . ... ,1- 0 ~ ~ I ,\ ¡::! .1, 't: ~ I '" "Ÿ. -' ~ ~ I ~. ,,~t~i"~~~ ~ I I e -~~,~::_-~:._, .-.-. .- -, ,I __ ,'i~i I y.. .... õ. . ...... " j '" I , . ! . "¡.r-". ".;",';; r-- fr" , Q, ;t ~ " J ri ,~' f~\ '" li~ Ie r.? r- I~ (.. 0:> ,- . ::- Q1 I 9--' ,,' § ~ i " ,.;''\. , I ; tJ-\ I f 0- f t ö:J ~;r-'" {'\ r '" ...~\ '., , j ~; " , r- 1"1- (~ ,. , . ';.)' ,< ~ ! -~.':~ ~ ~ è ," 'CJ ,'. .... ", ' ' '.' 0\ ,,' -- 0 ,'. ~ ~ ~ rv ;þ. .. t f". _ ~ , ,'~ j, . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERéfIl1 SUBJECT: AGENDA ITEM # '88 - MEETING OF JULY 11. 1995 LANDSCAPE WAIVER FOR LINTON OFFICE CENTER DATE: JULY 7, 1995 This is before the Commission to approve a request for waiver of LDR Section 4.6.16(H) (3) (k) allowing a reduction of landscape strip from five feet to three feet between a parking row, and LDR Section 4.6.16 (H) (3) (d) requiring a five foot perimeter landscape strip along the internal property lines of Lots 1, 3, and 5. The project is Linton Office Center located east of Military Trail on the south side of Linton Boulevard. The subject property involves a six lot subdivision accommodating medical offices containing a total of 78,000 square feet, 450 parking spaces, and associated landscaping. The applicant is requesting a reduction in the required landscape strip from five to three feet between a parking row on lot 2. In order to provide enough room to accommodate trees within the landscape strip, a 16 foot paved parking space with a two foot overhang into the landscape area is proposed, providing a total of seven feet of green space. Since the trees can be accommo- dated in provided space, it would be appropriate that a waiver be granted, as the practical application of the requirement has not been diminished. Cross parking and access is to be provided between Lots 1, 3, and 5, which necessitates a waiver from LDR requirement of a five foot landscape strip along the property lines of Lots 1, 3, and 5. As cross parking and access is encouraged between parcels (thereby reducing external vehicular trips) it is appropriate that a waiver be granted from this code requirement. The Site Plan Review and Appearance Board unanimously voted to approve, with conditions, the site plan, landscape plan, and elevations and recommended approval of the waivers at its meeting of June 14, 1995. Recommend approval of two landscape waivers to reduce the required landscape strip between a parking row, and to eliminate the required five foot landscape strip along property lines of Lots 1, 3, and 5 for Linton Office Center, based on positive findings. " , ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: D~~ECTOR DEPARTMENT 0 PLANNING AND ZONING ~~ FROM: JA T MEEKS, SENIOR PLANNER SUBJECT: MEETING OF JULY 11,1995 ***CONSENT AGENDA*** CONSIDERATION OF LANDSCAPE WAIVERS FOR LINTON OFFICE CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a waiver of LOR Section 4.6.16(H)(3)(k), allowing a reduction in the required 5' landscape strip to 3' between a parking row; and LOR Section 4.6.16(H)(3)(d), requiring a 5' perimeter landscape strip along the internal property lines of Lots 1, 3, and 5. The request is in conjunction with a development proposal involving site plan approval. The project is Linton Office Center, and the subject property is located east of Military Trail on the south side of Linton Boulevard. BACKGROUND: The subject property involves a six lot subdivision accommodating medical offices. The private road servicing the lots has been installed, and Lot 4 is currently under construction. The proposal is to develop medical office buildings on Lots 1, 2, 3, 5, and 6 containing a total of 78,000 square feet, 450 parking spaces, and associated landscaping. The applicant has requested a waiver from LOR Section 4.6.16(H)(3)(k) for a reduction in the required 5' landscape strip to 3' between a parking row, which is situated on the southern portion of Lot 2. In order to provide enough room to accommodate trees within the landscape strip, a 16' paved parking space with a 2' overhang into the landscape area is being proposed, thereby providing a total of 7' of green space. Since the trees can be accommodated in provided space, it would be appropriate that a waiver be granted, as the practical application of the requirement has not been diminished. City Commission Documentation Landscape Waiver - Linton Office Center Page 2 Cross parking and access is to be provided between Lots 1, 3, and 5, which necessities a waiver from LOR Section 4.6.16(H)(3)(d) to eliminate the required 5' landscape strip along the south property line of Lot 1, the north and south property line of Lot 3, and the north property line of Lot 5. As cross parking and access is encouraged between parcels (thereby reducing external vehicular trips), it is appropriate that a waiver be granted from this code requirement. REQUIRED FINDINGS: Per LOR Section 2.4.7(B)(5), the body approving a waiver must make findings that granting the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; or d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The requested waivers are internal to the subdivision and do not affect the neighboring area. As the requests are for landscape waivers, they do not affect the provision of public facilities or create an unsafe situation. Granting a waiver to reduce a landscape strip between a parking row does not diminish the practical application of the requirement as trees can still be planted within the strip; and granting a waiver to eliminate the required 5' perimeter landscape strip between lots is being requested to provide cross access between lots which is encouraged. Granting the waivers will not result in the grant of a special privilege, as waivers have previously been granted under similar circumstances. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: SPRAB considered this item at its meeting of June 14, 1995. The Board unanimously voted to approve. with conditions, the site plan, landscape plan, and elevations for Linton Office Center, and to recommend approval of a waiver to LOR Section 4.6.16(H)(3)(d), and Section 4.6.16(H)(3)(k) on a 5-0 vote. City Commission Documentation Landscape Waiver - Linton Office Center Page 2 RECOMMENDED ACTION: By motion, approve a waiver to LOR Section 4.6.16(H)(3)(k), to reduce the required landscape strip between a parking row, and LOR Section 4.6.16(H)(3)(d) to eliminate the required 5' landscape strip along the northern property line of Lot 1, the northern and southern property line of Lot 3, and along the northern property line of Lot 5 for Linton Office Center, based on positive findings with respect to LOR Section 2.4.7(8)(5). Attachments: 0 Site Plan '-..:'"..;'.~"':.:'--"::'" I f - I · <~\:.~..~\, ~~)(.;,'--""~~~,~.L'~ ìY'\r~-\~ . ' '. . '.' : -~~ . : . . ' 'E> llA..v'\d~ .p I ,!. . q. :-::~-:-~-.-o.c-.-o.c-:.-o.h";¡c-:.-o.c-:'_"õc"':,,,- _ :.-o,~~::;~'7 ,.c,..:-.to",.~==:-=:::.:::~ ~ - ------ ------------------------------------------f~~~.: ~ ~- . IiF-~t: --------: ' ~ E)(.s.rf'C.!o]'oÞl...AI<EILIOI'UI-PR4IN.AGEPI&fRICTIIIJ6I.A'CJI"IU4Y~ -- -r~i-' I~~p~il~. ",J.!:. .' . ..' 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'iJ' -:¡'Ii ..::~ ~ ~~¡~.-; ....- -..., ..._..:i~~~~ ~ t: 'I r;~ .................,.." pj,..,-. )' .1 ;. '1 ~t , ".' ~ .......--..".. './ 'J 'J-.' . ._~:~: ,: ~,:~~I~._II ~-T'ð : 18 1.._. "'<1.0'" A....¡ ,! . u ~ .. ~I ill r'.~ ': ~ \ I :iI; ~ 1"''''11.1) SF. : ! tJ. .~. ~ ": Q, ti, õl t ~ : " t r ~ !kS'I,p~ AlE" I . L' .. : J..J "" 1 .1\ z' z' G: jt I ... I ".~ec> !I~. , Il·'· "'-eo ~'·2· ;'., 2¿' .¡.__ !} L__ ~_ _w ._..æJ~~ç,:"..Uð_~ t¡,~_. --t---J!r~~ w:: ~ .¿'-Ir ,"'-¿~' ~' }- ., ; W>'....DCo..'OIAO< -' - ---'roL' ~\..''''L_MAN,"""""" E.....,.,.N'~. L 1 ~-Ic !i_o: -Ton;;$¡' ..'u~-,,-,,----- ~ Î L . . Ið5H' 1~~~-.:-::::-·· ~'!~ t.=:J: J1601C1' LDõI<o = e-..... -Ø" UJ!. ç-.J'" r---------------y r~----- r---·-------";;.-·:;;~:;--- u______-:-:-_, ¡,;;,::-___LL---' ~T----:-·---:-----l~--------~- .: ~ PLAT PLAN ( _~ . r.Aþ< &1 \- ,. 43 . 1f ~""_..,.~ 1 N~tE. &:tE at"- W4S TA"EN F~~~~.~'~~!') O>l TWIS o~ '" -..;>_......ATE'. It,¡c. D~"-G~. - --_.' -, ~--'--- · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f1J11 SUBJECT: AGENDA ITEM # g~ - MEETING OF JULY 11. 1995 LANDSCAPE WAIVER FOR LAKE IDA PARK DATE: JULY 7, 1995 This is before the Commission to approve a request for waiver of LDR Section 4.6.16(H) (3) (i) requiring landscape islands at intervals of no more than ten parking spaces, within the parking lots located in the northern portion of Lake Ida Park. The proposal involves the development of the northern end of the park, which includes looping the existing road, provision of 153 parking spaces, picnic areas, fishing piers, a pedestrian circulation system, and associated landscaping. As proposed, the parking lots contain more than ten parking spaces in a row and do not provide for the required landscape islands. However, the lots are located in a park which will be heavily landscaped with trees, and the waiver would not necessarily be applicable to other properties. The Site plan Review and Appearance Board unanimously voted to approve, with conditions, the site plan, landscape plan and elevations, and recommended approval of the waiver at its meeting of June 14, 1995. Recommend approval of the waiver to LDR Section 4.6.16(H) (3) (i) eliminating required landscape islands within the parking lots located in the south end of the northern portion of the park as indicated on the attached site plan, based on positive findings. " , éJf« rit0 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DI~~ECTOR DEPARTMENT P NING AND ZONING ~ (hLPI~ FROM: .~ ~ NET MEEKS, SENIOR PLANNER v SUBJECT: MEETING OF JUL Y 11,1995 ***CONSENT AGENDA *** LANDSCAPE WAIVER FOR LAKE IDA PARK. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a waiver of LOR Section 4.6.16(H)(3)(i), requiring a landscape island at intervals of no more than 10 parking spaces. The subject property is Lake Ida Park, which is located east of 1-95 on the north side of Lake Ida Road. BACKGROUND: The southern end of Lake Ida Park was developed in the mid-1960's. The northern end of the park was used as spoil area for the construction of 1-95 in early 1970's, and was only partially developed (a portion of a road that dead- ends and restroom facilities). The proposal involves the development of the northern end of the park, which includes looping the existing road, provision of 153 parking space, picnic areas, fishing piers, a pedestrian circulation system, and associated landscaping. At its meeting of June 14, 1995, the Site Plan Review and Appearance Board reviewed the development request. Pursuant to LOR Section 4.6.16(H)(3)(i), landscape islands are to be placed at intervals of no more than 10 parking spaces. As proposed the parking lots contain more than 10 parking spaces in a row and do not provide for the required landscape islands. This item was noted in the site plan staff report as a technical item to be addressed with revised plans. However, the Board felt it would be appropriate to recommend to the City Commission a waiver of this requirement for some of the smaller parking lots, " City Commission Documentation Landscape Waiver -Lake Ida Park Page 2 based on the parking lots being located within a park with numerous trees around them. REQUIRED FINDINGS: Per LOR Section 2.4.7(B)(5), the body approving a waiver must make findings that granting the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; or d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The requested waiver is internal to the site and does not affect the neighboring area. The request involves a landscape requirement, and does not affect the provision of public facilities or create an unsafe situation. The parking lots are located in a park which will be heavily landscaped with trees, and would therefore not be applicable to other properties. Thus, it will not result in the grant of a special privilege. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: SPRAB considered this item at its meeting of June 14, 1995. The Board unanimously voted to approve, with conditions, the site plan, landscape plan, and elevations for Lake Ida Park, and to recommend approval of a waiver to LOR Section 4.6.16(H)(3)(i) on a 6-0 vote. RECOMMENDED ACTION: By motion, approve a waiver to LOR Section 4.6.16(H)(3)(i), to eliminate the required landscape islands within the parking lots located in the southern portion of the park as indicated on the attached site plan, based on positive findings with respect to LOR Section 2.4.7(B)(5). Attachments: 0 Landscape Plan . ,~ . ( (- .....- n -,- è L n ~ ~ ';:-_::~''-_~--::~ ~ ----- --..' I I q :T'~ï''';' :~; I ~ ~ .. ,{ t... S ¡li¡Ju I Hi I i ~ I ,IIJ1J1filfJ n¡ I ~il ¡ ;111. --. t~i I L, '¡!I! . I :if. : ~ . ~ ¡ ¡ 'I!';"!! I j I !.!II'!'-": , ¡ ~j!JihHl!! i I ~ ..........:.:..:::= !:- ~: ¡¡ ~ ..., · .' ¡ ; 1 · : i w '" ~ ~ ~ j 'j ~ '" E .. · w ¡ M,i i< E j Ii ., f > Ii ~ '" p .. ~ 4~1 . . I ~.' ;;iF~'- i b~ i 41 I w lI)IMþ~.'O-..I. ¡- e ~.~ ~a j _._~-~ -- ~~ ¡ 0- § ~ ,~ J I ~ ' , , \0 , I .~ - ! <J \U i ¡ ~ I ~ , I ~ .1 . d I n, ¡! ". I : I· f 'I Ii!. ': I i¡~ ' " I. ,I!! ~ ! ¡ ! q .~. I! .: ! ;! ~!~ !;L,.. ! ! ~H I it ¡;!J q tt J, 1;-, 1iii¡ , ~ tjl f r ~i J i 1 i [;jI I H" I -~ in: I ';1H~ .1 r I ¡Hi! ./ i~ J \ ' , . - I i. ' ¡-., ,--' , I '" ~ -1'~ ", ! I , 0 I I 'E r-J "b.o, "- 0 'ä. / 6ê.t,J', \. ~ / (--,. \ Ë / "'- .:;! / )" ~f I '\!- -..-.......-'.., --, ----- ------- I i I " -- , . . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ/11 SUBJECT: AGENDA ITEM # f).D. - MEETING OF JULY 11, 1995 RESOLUTION NO. 53-95 (ABANDONMENT OF A PORTION OF N.W. 6TH AVENUE) AND WAIVER OF REOUIREMENT TO PLAT DATE: JULY 7, 1995 This is before the Commission to approve Resolution No. 53-95 abandoning a portion of N.W. 6th Avenue right-of-way located between N.W. 4th Street and Lake Ida Road immediately west of the Community Child Care Center. The subject right-of-way is located between property owned by the Community Child Care Center. In order to proceed with plans to expand the center, the right-of-way must be abandoned. N.W. 6th Avenue between N.W. 4th Street and Lake Ida Road was planned as a northerly extension up to Lake Ida Road. However, the road was never constructed and there are no plans to extend N.W. 6th Avenue on this unimproved right-of-way. The Planning and Zoning Board recommended approval of the abandonment at its June 19, 1995 meeting, subject to providing utility easements to cover the existing water main, Southern Bell line, and FPL line. The Board also recommended approval of a waiver to the LDR Section 2.4.6(0) (3) (e) requirement to replat abandoned right-of-way and the receiving property subject to providing a Unity of Title binding the Child Care Center holdings and the abandoned right-of-way. Recommend approval as follows: (1) approve Resolution No. 53-95 abandoning a portion of the N.W. 6th Avenue right-of-way based on positive findings with respect to LDR Section 2.4.6(0) (5), subject to utility easements being provided to cover existing facilities; and (2) approve the waiver of LDR Section 2.4.6(0) (3) (e) requiring the abandoned property to be platted, subject to the condition that a Unity of Title be recorded which binds the Child Care Center holdings and the abandoned right-of-way. ~ ern ~ . . ,. .~.-.- . ".._.~. '-'< -- ---,,~" . --. '-., - ~'J_~ ,__ ~.___^H. -- "&.-~'.., - -. -~-" _. .~...~_._. "- -.. ~ I RESOLUTION NO. 53-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A , PORTION OF NORTHWEST 6TH AVENUE RIGHT-OF-WAY, AS MORE I I PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT OF A REPLACEMENT EASEMENT FOR EXISTING FACILITIES. WHEREAS, the City of Delray Beach, Florida, received afi I application for abandonment of a portion of Northwest 6th Avenue, I lying between N.W. 4th Street and Lake Ida Road, as more particularly I described herein; and ¡ i WHEREAS, the application for abandonment of a portion of the I Northwest 6th Avenue right-of-way was processed pursuant to Section I 2.4.6(0), "Abandonment of Rights-of-Way" , of the Land Development Regulations of the City of Delray Beach; and I WHEREAS, pursuant to LDR Section 2.4.6(0) (3) (d), the I i Planning and Zoning Board, as Local Planning Agency, formally reviewed I this item on June 19, 1995, and recommended approval of the abandonment, based upon positive findings with respect to LDR Section I 2.4.6(0)(5), and subject to the condition that a replacement easement I be provided for existing facilities; and i WHEREAS, the City Commission of the City of Delray Beach, I I Florida, finds that its interest in the described property is no I longer needed for the public good and deems it to be in the best I interest of the City of Delray Beach to vacate and abandon said i right-of-way, subject to receipt and acceptance of required utility I I easements and based upon positive findings pursuant to LDR Section I 2.4.6(0)(5). , ¡ i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i I i I Section 1. That pursuant to Chapter 177.101(5) and Chapter i 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to receipt and acceptance of an easement deed for existing utilities, more particularly described as follows: That part of the South Half of Lot 5, Subdivision of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida, described as follows: . , I _.~- , ,-, ~,.'." -. ._,....._-_.¥._.._..._--."._....~ ." .._-....._~- , .~- ....-- --, ._~'. '.' --". '. ~-,'~ ---. - ~-----'-~'--'_""~'--.- .__. ,.-- "'-'~'--.--.-.,. ii \ Commence at the Northeast corner of the West Half of the South Half of said Lot 5; thence North 89 degrees 58' 40" West, along the North line of the South Half of said Lot 5, 25.00 feet; thence South 0 degrees 08' 30" East, along a line 25.00 feet West of and parallel with the East line of the West Half of said Lot 5, 40.69 feet to the South right-of-way line of Lake Ida Road and the Point of Beginning; thence ! continue South 0 degrees 08'30" East, along said parallel line, 119.31 feet to a line 160.00 feet south of and parallel with the North line of the South Half of said Lot 5; thence South 89 degrees 58' 40" East, along said parallel line, 38.82 feet; thence North 0 degrees 37' 30" West, along the East right-of-way line of N,W. 6th Avenue, 105.44 feet to the said South right-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius of 779.02 feet, a central angle of 2 degrees 58' 27" and a chord bearing North 69 degrees 53' 39" West; thence Westerly, along the arc of said curve and along the South right-of-way line of Lake Ida Road, 40.44 feet to the said Point of Beginning. Containing 0.10 acre, more or less. PASSED AND ADOPTED in regular session on this the 11th day I of July, 1995. ATTEST: ~~ &Mn'llj2(jÙ~ £f"Y ity Cle I , I : I. I - 2 - Res. No. 53-95 . . ( H,W, æ ~~ I )[0] . ~ £RR, '.F . I h- -:~ r. rø ~" ~ ..... '- , }' , - A.NI' r _. . . . , ~ fo-~- 't c - . i!: - l ..... ~ i ~ ----.- 1__-' t t ~ -~ ~-- r- Rr), J ~,'"11 - uti LAKE IDA R 0 A 0 I I I -~ - I I I II II ~D TERR. I--- I I-- _'~ SPADY EI..E\4~TARY "'.. um - Sa-tOOL ¡; :1. - .1 ~ ~ ~ - ~ ~ T - þ! IT - I - -, - ., - --- - '.,." NoW. 3RD ST. - .' J I I - II - , - ~ - - - I---- C ... - I--- - - ~ I--- - POMPEY ! j~ - ,- PARK - - - - - . - I j!: ¡- j!: I I~ e IT ~ ,... CD - _ N.W. 2ND S1R. - -III Ie - -< - f-- - - - - f-- I f-- ¡i. . 'i! ~- - ~ zf-- f---< Z N ABANDONMENT ~ OE1'AR-nc~1 OTY or DElRA Y B£AOi. R- -- oorAl. &CSë UAP SY!>f'£Il - ðK tn1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: FROM: SUBJECT: MEETING OF JULY 11, 1995 ABANDONMENT OF PORTION OF N.W. 6TH AVENUE RIGHT-OF-WAY "CONSENT AGENDA ** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a request for the abandonment of a portion of the N.W. 6th Avenue right-of-way pursuant to LDR Section 2.4.6(0). The subject right-of-way is located between N.W. 4th Street and Lake Ida Road. BACKGROUND: N.W. 6th Avenue between N.W. 4th Street and Lake Ida Road was planned as an a northerly extension to Lake Ida Road. The road was never constructed, and there are no plans to extend this unimproved right-of-way. The subject right-of-way is located between property owned by the Community Child Care Center. In order to proceed with plans to expand the current facility onto their vacant parcel west of the subject right-of-way, the right-of-way must be abandoned. The attached Planning and Zoning Board report provides a more complete analysis of the proposal. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 19, 1995. The Board voted to recommend approval of the abandonment, subject to providing utility easements to cover the existing water main, Southern Bell line, and FPL line prior to scheduling the abandonment for City Commission approval. . City Commission Documentation N.W. 6th Avenue Abandonment Page 2 The Board also recommended approval of a waiver to LOR Section 2.4.6(0)(3)(e), the requirement to plat abandoned property, subject to providing a Unity of Title binding the Child Care facility holdings and the abandoned right- of-way. RECOMMENDED ACTION: By separate motions, 1. Approve the waiver of LOR Section 2.4.6(0)(3)(e), the requirement to plat abandoned property, subject to the following condition: . That a Unity of Title be recorded which binds the Child Care facility holdings and the abandoned right-of-way. 2. Approve the request to abandon a portion of the N.W. 6th Avenue right-of- way pursuant to positive findings with respect to LOR Section 2.4.6(0)(5), subject to the following condition: . That utility easements be provided to cover the existing water main, Southern Bell line, and FPL line, prior to scheduling the abandonment for City Commission approval. Attachments: . Location Map & Reduced Survey . P & Z Board Staff Report U:NW6A VCC.DOC " , PLA'NNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: June 19, 1995 AGENDA rTEM: III.C. ITEM: Abandonment of Right-of-way for a Portion of N.W. 6th Avenue Lying South f; of Lake Ida Road and Immediately West of the Community Child Care Facility. ~ 1 ~wl ~_l -~~)" ~'~ _I r I " , - '.-, l I . ~ l:D1 I .II 'U í _iii!.... I I I I ·"1 ;' (I IlL I/f - I f ~ ~ II ' ) I I I I I rr ~ - \. .~ ~'T ~ - LAKE IDA R 0 A 0 """""I.... I I" " I f-- I I ~~ f-- I .' n ~ lL \ I I " ..... 41H Sf, J II- I f - ....... oC -~ - - IInICIIII'f r-o - IItWCH .NIY 5 I- - ~ IUlCHTAIIY ... ÞOaI. I- - · I I-- ,-. - - · I - -- · I I-- ¡- GENERAL DATA: Owner....................................... City Of Defray Beach Applicanl.................................. Community Child Care Center of Delray Beach, Inc. Agenl....................................... Dorothy Ellington location.................................... NW 6th Avenue right-of-way, between NW 4th Street and Lake Ida Road. Property Size............................ 0.10 Acre City Land Use Plan................... None Adjacent Zoning...............North: R-1-AA (Single Family Residential) East CF (Community Facilities) South: R-1-A (Single Family Residential) West: R-1-A Existing land Use..................... Unimproved street right-of-way. Development ProposaL........... Abandonment of an unimproved 39 foot street right-of-way. Water Service........................... nla Sewer Service........................... n/a. IlLC. 1""""""',..·,",..,..,·,,·,,·""'1('..'..·.."'lljTE1'í""lfjfÊ'~I·I"m·I'I"··Ilifj·~llír"!1':!1I!11!·'..:..!·!'..!'!·!'!1'!1'!.1'!1'(.1'..,.,..,.,.." :::::::::::::::::::::::I::j~:::::::::::::I:::::::::::::::::::::~:::t:¡¡¡:¡¡::¡¡¡::::¡¡¡¡:j:¡~:!.:¡w;::~::!!::::::¡::~\i:¡J.f:¡~:::B::¡I::JI¡:[I~!?:¡:::::¡:I:¡~:!:I~~I!:~1¡~illj:mI:¡¡~ri::l@~¡~~:j~j~1::¡m:I:::::~:jj:::::::I;Ij: The item before the Board is the recommendation to the City Commission for the proposed abandonment of a portion of the N.W. 6th Avenue right-of-way. The subject right-of-way is located between N.W. 4th Street and Lake Ida Road. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. -I ~~ '. : .. . :;;:. ...·.·.w N. ".v< ....~... ...;......:u:WN.w...~.....:... . :.....;;. . " . : ':$ The subject right-of-way was dedicated in part by right-of-way deed (ftom Lot 57 to the west) and by plat (Community Child Care Center to the east). While the right-of-way was planned as an extension ofN.W. 6th Avenue ftom N.W. 4th Street to Lake Ida Road, the road was not constructed. The area surrounding the right-of-way has been developed with single family homes. In May, 1995, a petition was received by the Planning and Zoning Department to abandon a portion of the N.W. 6th Avenue right-of-way, as referenced above. The abandonment petition was submitted by the Community Child Care Center, located east of the subject right-of-way. The stated reason for the proposed abandonment is to expand the existing facility across the right-of-way to property located directly west of the right- of-way, which the child care center owns. ¡ _îfIUI.I~~111~1~~lîl~llI:il:l~m:~I~.ltll~1ì11RI:;~flf.IM~Wif]~m: The subject right-of-way is approximately 39' x 112' (4368 sq. ft.). Currently, the right- of-way is unimproved and is not used for access.. To the north of the right-of-way is Lake Ida Road, to the south is N.W. 4th Street, to the west are single family residences, and to the east is the Community Child Care Center. To the north, south, and west of the subject right-of-way is R-1A (Single Family Residential) ahd to the east is CF (Community Facilities). Based upon the survey that was submitted concurrently with the abandonment petition, the right-of-way is unimproved except for a 5' sidewalk. There is also a 6" water main, Southern Bell line, and FPL line located within the southernmost area of the right-of-way. No other public facilities are located within the abandonment area. The City's Environmental Services Department has no objections to the abandonment, provided an easement is dedicated for the water main. P & Z Staff Report N.W.6th Avenue Abandonment Page 2 Southern Bell and Florida, Power and Light have also given their release provided easements are located to accommodate their existing lines. Leadership Cable and Florida Public Utilities (gas) have no facilities within the right-of-way and have given their release. The City of Delray's Fire Department also has no objection to the abandonment. Normally, abandonments that create a street end must provide an adequate turn around area. This is due to the need for sufficient maneuvering area for emergency vehicles. In this case, right-of-way exists to the south and west of the abandonment area which will provide adequate emergency access. Furthermore, when right-of-way is abandoned~ the right-of-way area is usually divided along the centerline and returned equally to the adjacent property owners. In this situation, the subject right-of-way area was dedicated in part by deed from the property directly west ofN.W. 6th Avenue and from the Community Child Care Center directly east ofN.W. 6th Avenue. Both parcels are owned by the Child Care Center, which will receive the entire abandoned area. Pursuant to LDR Section 2.4.6(0)(3)( e)~ abandonments of rights-of-way, if approved~ shall be consummated by a replat of the receiving properties. In this instance both properties on either side of the subject right-of-way are owned by the Community Child Care Center. All of the center's property is being combined for the expressed purpose of expanding the existing child care facility across the right-of-way onto the adjacent property. The property will be effectively combined by the child care building's expansion. Based upon the above, a waiver to the platting requirement is appropriate. - Prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, there are no plans to extend N.W. 6th Avenue north to Lake Ida Road. The existing water main, Southern Bell line, and FPL line within the right-of-way will be accommodated by easements. Therefore~ there will be no need for the use of the right-of-way for any public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. . ,. · P & Z Staff Report N.W.6th Avenue Abandonment Page 3 Access to existing lots of record will not be affected by this abandonment as the surrounding properties east and west of the subject right-of-way have legal access from N. W 4th Street and from Lake Ida Road. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. Replacement easements will be required for the existing water main and FPL line located within the subject right-of-way. Access to adjacent properties is provided from N.W. 4th Street and Lake Ida Road. Therefore, no detriment will result for the provision of access or utility services from the proposed abandonment. - -_I This abandonment was reviewed by the Community Redevelopment Agency at its meeting of June 8, 1995. The Agency transmitted a recommendation of approval for the subject abandonment. The subject right-of-way is vacant and has never been used for access. No plans exist to extend the right-of-way to Lake Ida Road. The only facilities within the abandonment area are a water main, Southern Bell line, and FPL line located at the southern end, which will be accommodated with easements. The right-of-way does not provide access to any property. Considering these facts, it is appropriate to consider this abandonment. ._$~ir_._1 ~".' .:~:.:-:...<.:.~(. .~.t:::;~:::.:.; ....~......:.:.:>. :' ':.: ....:-: ..:. 1'." .... ~. . . 1. Continue with direction. 2. Recommend approval of the abandonment. 3. Recommend approval of the abandonment, pursuànt to conditions. 4. Recommend denial of the abandonment with reasons stated. " P & Z Staff Report N.W.6th Avenue Abandonment Page 4 , Waiver: By motion, recommend approval to the City Commission to waive LDR Section 2.4.6(0)(3)(e), the requirement to plat Abandonment: By motio~, pursuant to positive findings with respect to LDR Section 2.4.6(0)(5), transmit a recommendation of approval to the City Commission for the abandonment of a i portion of the N.W. 6th Avenue right-of-way, subject to the following condition: 1. That utility easements be provided to cover the existing water main, Southern Bell line, and FPL line, prior to scheduling the abandonment for City Commission approval. Attachments Location Map & Reduced Survey Y:6TIIA VPZ.DOC ;.~ , \, ; ... "H ' ".... '11)" "'I" . _'< t;~;:: c.:Þta=e~t\¡ ~ " !:: ...1 -= &..I:S II ~ ~ ~;~:. - Z æ ~ ! "" u_. Z " ~ t' ~ !~;! ... j ð l i ~ ~ ~~~~ MIA. û1 I ~ .!;::: P' Q ID ~ ~ ~~6:; I:IQ z ~ . ~ ~ t: .:. è j:!! \ ¡ I~ \s\ ,- Iii; ~\!!>=. ( ~ .,- '''oC \ 'i :t ::. AlII Q ¡ , "~::1: au >- " '"" ~ :-.: t-~:f I ~. ~ ~a~ _ Ii: ~ I , ~ ,~H~ ~ ~ e¡ i I -J f'\" ~ :":1 Þui ~ ~ , .~ ~ ;11; . Ii! ~ ~ ~ d:3 i~ ~ tI ~ ~,~ I ,"'"'I. -.. ~ _z:!i", I ~ .. .. . fJ - - z " Cy ~ :~~; - QQ CJ ..... "1 -' u...~ &~.. Z Õ ,. tr\ ~ :::.~ .~ Q... III ~ a~ ~ ~".I... .- ~ '" i ~~ '~~ :1H ii I ¡~ I , , ¡ ~~ , S" \ ~~ ¡ ~ ~ "''' : ~ ~ ,~ I ~..~ ~ ~ I ; ~ ~ . \( ~~ ¡ ~ \. \~ ; \ \~\,¡ I ~ ~~~~ ! ~ ~~,~ ~::.... 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'" 0 t; , I L_, \, I ~ () t-SUI..J ~....orxo""l1I ðXChÕ ('. ~ ~~ ~ 1o~~ ...~~~~~~~-~~- if ~ ~ 0 ....~~~ ~N~æ~O~~~.z~ ~ \ ~ ~ I \ () ! ---- ~._- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ß'1t1 SUBJECT: AGENDA ITEM # gE.. - MEETING OF JULY 11, 1995 ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH N.W. 6TH A VENUE ABANDONMENT DATE: JULY 7, 1995 This is before the Commission to accept an easement deed to cover existing facilities within the N.W. 6th Avenue right-of-way to be abandoned under Resolution No. 53-95. The easement deed is required as a condition of approval for the abandonment since there is an existing Southern Bell line, FPL line, and water main within the subject right-of-way. The City Attorney's office has reviewed the easements and approved them as to legal form and sufficiency. Recommend acceptance of the easement deed intended to cover the existing Southern Bell line, FPL line, and water main within the N.W. 6th Avenue right-of-way, west of the Community Child Care Center. , 01< f!11 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER é , THRU: Z,DI~ OF PLANNING AND ONING FROM: SUBJECT: MEETING OF JULY 11, 1995 ACCEPTANCE OF EASEMENT DEED **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is acceptance of an easement deed. The subject easement is located on a portion of property owned by the Community Child Care Center and on a portion of the N.W. 6th Avenue right-of-way. BACKGROUND: The subject easement deed has been required as a condition of approval associated with the abandonment of a portion of the N.W. 6th Avenue right-of- way. The Community Care Center is currently located east of N.W. 6th Avenue, between Lake Ida Road and N.W. 4th Street. In May, 1995, the child care center petitioned the City to abandon the northerly undeveloped portion of N.W. 6th Avenue. During the review it was discovered that there is an existing Southern Bell line, FPL line, and water main within the right-of-way. In order to abandon the right-of-way, replacement easements have been required to maintain the existing facilities. The applicant has submitted a general utility easement to cover the Southern Bell and FPL lines and a water easement intended to cover the water main. The City Attorney's Office has reviewed the easements and approved them as to legal form and sufficiency. "' " City Commission Documentation Acceptance of Easement Deed Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board is not required to review the acceptance of easement deeds. However, the submission of the subject deed was required as a condition of approval in association with the abandonment of a portion of the northern extension of N.W. 6th Avenue. RECOMMENDED ACTION: . By motion, accept the subject easement deed intended to cover the existing Southern Bell line, FPL line, and water main within the N.W. 6th Avenue right-of-way, west of the Community Care Center. Attachments: . Easement Deed & Reduced Survey U:6THA VEMT.DOC , a Ð\$-~ ŒID 'IHIS I!'ŒNIlIŒ:, ~ ~ ~q~ cay c:L ....J"r.e.. , 19j2, 1'¥ arl l:et¥a31 Ct>t.."''''''~ a'"I.! Cúrt (I!t\-tt( of Ðtlraj !ïës c:L tœ flIst ¡:art, ¿nj tre Cl'lY œ mRAY 1ÐQi, a Flcrich mnici ccrp::raticn in Palm B:a:h 0:111ty, state c:L Flcrica, p3Ity c£ tre æ:x:ro ~: W1."INæ3E:IH: '!tat tæ p¡.rties c:L tre fir.>t ¡:art, fer ¿nj in a:nsi.ŒJ:a~ of tl'e am of 'IB1 ($10.00) Ibllars <n; ct.ter g::cd ën:l valwb1.e a:nsiœratims to it in tarrl ¡::aid 1:¥ tre &rld ~ c£ tre æ:::arl p¡.rt, tæ re::eip; c£ Wúd1 is teŒby ëd<ralle:ipd, d:es ~ grant, 1:atgain, æll ¿nj release U1to tæ ¡;arty of t:l'e æ:x:ro ¡:art, Ats 'SI' . ---"" nj cn1 assigs, a rig1t c£ 'iay cn1 ~ ~1I:Sd.. fa:' tæ p..n:p:æ c£: Utilities ,with full cn1 fræ riçpt, 1.il:2rty, ¿nj authrlty to Entel:' ~ am to install, q:erate, ¿nj naintain su:h Utilities \J'XÈr, a::::z:cœ, thtt:u;t1 ¿nj ~, aæt', \J'XÈr cr '<dthin tre fa1.l.aHirg Œe:::riI:a:l ¡rq:e:ty la:Bte:i in Palm BÐ:h 0::u1ty, F1a:ica, to-wit¡ U::::Uill'11lÑ See Exihibit "A" O:ro::mitant ard o::EXt.mrl\e vith this ri~ is tæ f'uJ:t:1a"riglt intl'e ¡;arty c£ tl'e æxnd ¡:art, its "',. """'" · s cn1 assig1s,. á irgœss cn1 e;ress aæt'ën:l 01 tmt p:rticn c£ larxi d3s::dJ:ed a1::oJe, to effa::.t tl'e pJrp::EeS of tl'e ~'I:Id... '!tat this ææTBlt å1allre sbja::.t cnly to th:œ ..........l:Ills, œstricticns, cn1 reservatims á œ::crd. '!tat tl'e ¡:artiæ c£. tl'e fm.t ¡:art ëgrœ to ~œ fer tl'e release C£êJCrf ¿nj all ncr:t:g:g;s cr liEns anrct:erin;¡ this ææTBlt. 'Ite partiæ á tre first·. ¡:art alsJ a;;;ræ to era::t ro h1ildirg cr effa::.t arr¡ ct.ter Idrd á a:œtru:::ti01 cr ~ ~ tl'e ~ ¡xq:erty. Parties c£ tl'e first ¡:art ó:I ~ fully -.arrant tl'e titJe to said lNè· ¿nj 'oIi1l èefa'rl tre s:ne a;¡ainst tl'e lawful cJ.ains of all ¡:ers::rs ~~ c:1aine:3 1'¥' tl1tt:uj1 cr \J'XÈr it, trot it tas g:xxJ right arrl lawful auth:rity to grant tæ aro.>e cì:s:rl1:a3 ~ ~ tlat tæ s:ne is u-a-a.nteLerl. w-ere tre a::ntextof this Ea9:rrB1t D:e:! al.lo.s cr ¡::emd.ts, sate ŠB1l in:1\.IÈ tæ 5'~rs cr assigns C£tæ p¡.rties. IN W1'INE$ W!EREŒ', tæ ¡:mties to this Eàærent DÐ:1 æt treir tarrls ëSrl æe1S tl'e cay ard year first a\x1.'e mtta1. ¡' Jf~. .' ~;¡ZL ; .~ ~,J::. dn/ ~xeud;rk. D;~r (1'EI!e . cr ty¡::e mtten) (rare' cr ty¡::e \ri ) /J H. W. ¿¡-lit SI,...1 D4./t~ &< ~f.ð3t;/1 .. (aàh:'ess) (rare ¡:rird:a:3 cr ty¡:e "rlttm) (rare µinte:1 or ty¡::e mtten) (ad:h;ess ) STh.'IE œ 1= I ort Ö a. OJ.NIY œ ?n \ "^ fXo.ch ~ 'Ita fare;p!rg inst.rura1t \oaS ~ l:efc:re Ire this..æ: cby of j()r\~ , 19~ b¡ f..lQ1\.c.~ K. ~d. '" NQ."~ :s~~ (rare of ¡:ers::n ëdm:"..le::ip:!), 1Ju is ~y krnn to ~or: res ¡:ro:b:::Ed (t;yFe of iœntifiœticn) as id31tifiœticn ard ..ro did (d.MLn:t' take ërI œth. ~4-~1d=_ ~ r - ,.. - -- Title or Pai< . ":" ., / C01'<\1>o\\~1i>iM ~ NOTARY PU1JLIC. :JT',TE OF FLORIDA. ,- .. - MY CQI\1r..nSStON EX\'i!!'eS: August 10~199S. .'. -' -..' .. 37.869 Lc.l~BOOO ØO;;D!¡V ''lUlU NOTARY PUCI.IC UIIJJEIt\"l as, ~ - . - - ~ ~al N.ŽTœr, if arr¡ flare ct fdi;rcI.·l~ 1)'¡D::I, ~inta:! cr Sbrrpx! .~ . Exhibit "A" WATER MAIN EASEMENT: THE NORTH 12.00 FEET OF THE SOUTH 16.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTH HALF OF LOT 5, SUBDIVISION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTH HALF OF SAID LOT 5; THENCE N.89058'40"W, ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 5, 25.00 FEET THENCE S.0008'30"E, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID LOT 5, 40.69 FEET TO THE SOUTH RIGHT OF WAY LINE OF LAKE IDA ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE S. 0008'30"E, ALONG SAID PARALLEL LINE, 119.31 FEET TO A LINE 160.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 5; THENCE S.89058'40"E, ALONG SAID PARALLEL LINE, 38.82 FEET; THENCE N.0037'30"W, ALONG THE EAST RIGHT OF WAY LINE OF N. W. 6TH A VENUE, 105.44 FEET TO THE SAID SOUTH RIGHT OF WAY LINE OF LAKE IDA ROAD AND TO A POINT ON A CURVE CONCAVE SOUTHERL Y WITH A RADIUS OF 779.02 FEET, A CENTRAL ANGLE OF 2058'27" AND A CHORD BEARING N.69053'39"W, THENCE WESTERLY, ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTH RIGHT OF WAY LINE OF LAKE IDA ROAD, 40.44 FEET TO THE SAID POINT OF BEGINNING. GENERAL UTILITY EASEMENT: THE SOUTH 10.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTH HALF OF LOT 5, SUBDIVISION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: , COMMENCE AT THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTH HALF OF SAID LOT 5; THENCE N.89058'40"W, ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 5, 25.00 FEET; THENCE S.0008'30"E, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID LOT 5, 40.69 FEET TO THE SOUTH RIGHT OF WAY LINE OF LAKE IDA ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE S.0008'30"E, ALONG SAID PARALLEL LINE, 119.31 FEET TO A LINE 160.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SAID LOT 5; THENCE S.89058'40"E, ALONG SAID PARALLEL LINE, 38.82 FEET; THENCE N.0037'30"W, ALONG THE EAST RIGHT OF WAY LINE OF N.W. 6TH AVENUE, 105.44 FEET TO THE SAID SOUTH RIGHT OF WAY LINE OF LAKE IDA ROAD AND TO A POINT ON A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 779.02 FEET, A CENTRAL ANGLE OF 2058'27" AND A CHORD BEARING N.69053'39"W, THENCE WESTERLY, ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTH RIGHT OF WAY LINE OF LAKE IDA ROAD, 40.44 FEET TO THE SAID POINT OF BEGINNING. . . .. , ~ ~ m. 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[§ ~ ~ V~J o~wwo~_o~o~ffio ~ ~ túm zœuzWo~..Ju.w IuJ -..... ~- '" . :) LO Z - Z.J ...:( 0 Z LL f- Z ,::: I ~ XM~ WoUJ..J-.c(J -0 _ ~ I~ t-..,.w ~.~~ ..J:~:""..JII)~.J ~ I 'it. u.uJ:t: . 1:;>- '.Jw~>-;oJt>- G 1'- OClI- f-2:¡::-<""wo<: -«-: 0< >- ~ Z « LJw.: O::OD:~acn~ rr1 !t~ì;; ¡: Ir~a.. \¡J~WWIL:;~:tI-I1.~:'1J. ~ __._ t) I ~tt. ~ :. ....CI) ~ffilLtO~c~~o-<~o 21 /, ::);' 5 1 I\;;'% '" ¡:. ~ 10 ¡: " I- " z 0 w I- 0!ï: ':1; " 1,-" ~ ~;o~j ~ ~tŠß"g;IuS¡:~<:I ~ \. , *' 10 :t:oo<o ..111--.11. ';I:-- ._ ~ ~ ç: 0 f-IJ)D.I.J.. Ll)N.rrv)OUJI-n:~ZQ: ~ \ u "ò ·. ,. 01{ fJf{ RECE\VEO £ITY DF DELIAY BEA[H JUM2 B \995 cn'f M~"" "'''',",'~ OFfiCE. 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 be:d AII·America City MEMORANDUM " II t! DATE: June 27, 1994 1993 TO: City Commission (2-.~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement from County Sanitation Inc. - Water Main Improvements - S. W. 4th A venue The attached easement is necessary for the installation of a water main and fire hydrant on the property of County Sanitation. Therefore, acceptance of this easement from County Sanitation Inc. is recommended. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the July 11, 1995 City Commission agenda. Please call if you have any questions. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Janet Meeks, Senior Planner Sharon Morgan, Executive Assistant counsan.rbs ® Printed on Recycled Paper <g. F. . , · LAW OFFICES MARCHBANKS, DAIELLO & LEIDER, P.A. SANCTUARY CENTRE TOWER E 4600 NORTH FEDERAL HIGHWAY SUITE 101 E BOCA RATON, FLORIDA 33431 THOMAS D, DAIELLO TELEPHONE (407) 394-6509 DANA C, FERRELL WEST PALM BEACH (407) 632-5032 SUZANNE M, LEIDER BROWARO (305) 760-43/1 LAWRENCEJ,MARCHBANKS May 19, 1995 TELEFAX (407) 750-9624 City of Delray Beach 200 N. W. 1 st Avenue Delray Beach, FL 33444 Re: County Sanitation, Inc. Water Main Easement Deed Dear Sir or Madam: This office represents County Sanitation, Inc. in regard to the above matter. Please be advised that we have searched title through May 9, 1995 at 11 :00 P.M. on that property described in the attached Warranty Deed recorded in O. R. Book 3353, Page 863, of the Public Records of Palm Beach County, Florida {Exhibit "A" hereto} and that County Sanitation, Inc., a Florida corporation is the fee title owner of record of the property set forth in Exhibit "A", which property is free and clear of any mortgage encumbrance. The water main easement property (Exhibit "B" hereof") is a part of the property described in Exhibit" A" hereof. If you need any further information regarding this matter, please do not hesitate to contact our office. uly our~ , ~~ Dana C. Ferrell DCF/jk Enclosure - Exhibit" A" (csi/d.I,ay,lt') . - _An...,., 1M'. RAMCO "ORM 34 .... 'NOI¥IOUAr. 10 (OUOM..... 11ús 1Øarrantg JmI Mod. 110. 1st. .10' 0/ July ,\. D. 1980 I., 1),/ PBII.IP G. taÐÐ /......._!I... ..0/1"" tI... ø_oIur. 10 - <XUftY SNIITJID"IQtf, DC_, 4 Florida c:xporat:.ion '~ ('01 " .~_li.... uIJU"f ....J... I'" 10.... of l/w Seal. of Florida . ..·¡tI. iI. _.11' ""Io//i... Q ",M..... "I 2455 Ea.lt ~~., Ft. .Lauderdale, Fl.. a~Q"I: E. C" ~ Q ,,,'''';''''/1.. ,.,,/1"'( ,10.. "",,,IH: ' Ion . \\ )wt"". -.& ........ dw '"- ........... .-.11 .ofl".,",'· h...... .11 ,.... pulin .. t.. ¡........ ... - I.... tw.n. ....... ,~" ..... ~ ... i.......... .... dIM' _~ .... ~ .. cer,w......., c:) 1ØítntSSdh: TI'''I l/w g..nlor. I... "nJ i.. ~o"';d_Uo" 0/110. ...... 01 $lO.OO-~nd 0110... CO ,·,,1..,,1.1.. .."...;,I.rnlion.. ......."1 wlorrrol i. 10......1.;. a~'nowWII.J. 1....1., g....II. baPflOi.... ."¡I.. ali...... ... ...i..... ..1""..... ron....'. and (eftfi..... unto 11.. 11.."1... 0/1 11...1 cwt4Ún L.ncl .iI"".. In PalIII Beach Co.."I,. Florida. ,.i:: 'DW South 250 teet ot tbe Nest 667.39 feet (leu the South 1SO feet of the <:) West: 290.40 feet) of IDt 15 of KXEL UoND (DIPJoNY'S stJÐIVISIQI of Sec::t:icn , ..:rl 20. '1\::Mnship 46 South, Range 43 East, lying West of the Florida East: Coast I -:' : PAilway right-of~, accoxàing to the plat t:hm:eof Q"I file in Plat Boc:Ik l, c:..: P89B 4, Palm Beed\ C/:IUnty PI:blic 1eoo!:ds, cxmtaini.ng 2.83 ac:œs DDre or less. .... '1tXò£1'HER WI'l'H any and all iJIprcMmenta thereon. ·N· ,(..':'). ..:. ¡. sœ.nx:r TO ~ for tbe year 1980 and s\bSeqUent years: 2'.IOI'1inq anð/or ~ctiona t ....;. . ,-, . and pmh1bit:i.a'IB iJIIIC88d by ~ authority. :~: subject p:c::Ii::c:: ~ net p:¡...-t of or .Jdjac:ant to the hcmIst:ead ~ \)[ Gl:i&I\tùL. GI::IIntQr covenanta and ...~__It.s that he resides at 702 S. W. 4th Awnue, BelIch. l"lorida 3343;> . Tø,dhtr lI·i,l. till ,1... f..tIt......."'.. l,fO"""¡.'flm..,." anti fI"I)""""'O"("'" ,It..,. 10 #wi.,...;,." or in an,· e,tilf' opprr1oìnì'lffo Tø 1iaøt and to Y, ".,. ......,.;" ¡.... ,.",,,1.. f""'...... Bad ,I... fI'''''''''' 1.,.,..I.y ..............,. ...iI~ ...¡.I lI...nl.... I/.nl ,I... g...nlor i. 1....·¡..1I7 .or....., 0/ .aid /anti i.. (.... .;",,01..: 1/'''1 "... ~"''''ør "". """" ri!l'" a"" f".../..I o..IIooril, 10 ...11 on.l roll",! ,.¡J ...nd: ,I.", I',. !I"'",.... I.....,.¡.. ¡..II, .....""..1. ,10,. 1/1/.. 10 ...;.1 ,,,,,,, "IIf/ ..,¡II ,¡..¡.....I "... '0"''' Øfl4Ú...1 ,,,,, """1..1 ..Ial.... of I ..II ,.......... ..'/..."'........." o"'¡ ,1.01 lfI¡ri /....J í. ¡.... 0/ ..II ....r.....""'n...... ur..'" t011'l arnwfl ..J...q"IPI.. In /).........1"... 11. ,I) 79. - " : , - In 1Ø¡tnm aJIIa'ftIt, ,I... .nlJ g.nlllor I.... "__1.. ./PI his I.a..ri and ...1,'" .la, and """ Ii", tlltnC"fO ..~iUc·". /~ '- ~) $;g,....I. ......1.../ "mi '¡..l¡,"""'¡ i" ....r ",...,.....,.: ~~ð~ ~..t~ ~~............:......~~,~.~.~- .................................................................,.....,. :11,\1£ ...~~ ¡ COl':'.ïY ( F. \ I Hl.aE"Y CEaTlFY ..... ... ............... Ioeó_ _. .n uU..·.... ,Sui," :a..,"',,,,". ~It chf" St;t'r aíonuid a"d in dw CCNnc~ =-fOl'naid to tak.. atknowlcdlftW'aU. J'ftIOIta"y :liPIWaftCI PHII.J:P G. M)ÆN.j to onr ~......n '" ,.. I.... _ d.·oc,ibrd in .nd who ..ftU'"d ,h. '_oIne ¡_..._n' .nd wIto ~~.~rd I ° \,~'.o "oo~"I, hrl..,.. "'" Ih.. he rarr...rd.... sa_. ' ".:.;_ :.,¡..:¿~,;~ ~ \,OITSES:' ,n, h.nd and olr~i.aI ...:\1 in Ih~ Cou"''- and S,.w laM .rornaicl .hi. /:3 ../~;;-: .....-a.; 01 ~~.. Ct") August . ò\ 0.19 80 if;,(~.t:.7 S·::-:,-, " cø CICI C) PLEASE R8'1'URN TO: / 0- C'I') '/7,ü 11m"",.,.", P"7"'tr.J It}: E. C. TRAVER, ESQUIRE II) 2455 East ~ Blvd., Me'&z. C'I') ÂI"'- Pt. LauIierdale, l"1. 33304 A_II V....... I C'I') Pal'" Beeda CcIunIy. ... CD JohtIII. 0...- OM Clrcutt CcIw1 --. -~~._.. - ----~---_._._-~-~ -----.------ ~-._-------- ..~------_._-~_..-.~------,-~--- -- .' JU-'¡-13-B35 - 10: 33 -"] H IRA'JAi'lI / D D D,;,~r::::..S· -. - -. P.06· - - -- - - ---- - .. r,-æ. E:r fEED 'TIUS lMJ:NI1~, "tzE this )?- dry á 1-1ay , 19 95, b¡ 3d !:etLa:n .UNr:i SANnA-TION, I ., a 1'It , p:1Ctiœ ç( tit? ri.r.;t ¡:nrt, ~d tJu l"Tty tF Umy wal, 11 Flc:riå1 .Iùd¡:al. corp::It<JtlOl in Pë:ùrn £B:d1 0::u1ty, State cf. flcrlœ, p3.rty á. tl-e s:D:rC.J imt: *Florida corporation : NI'lN:::ssF:IH: 'Ih3t tle p!rt.i.e; c:€ t:h~ f'i.rst plI't, fa: ard in <DGichrüt.kn cL tJe 5U1'1 of 'IB1 HO.ro) Ibl..Iæ's èrd ct112r gxd ard valœb1.e CXJ'Gtchütta-G t:o 1t in h:rd ¡:Did l.y Ua æld plrty of Uoe 3Xrd p3rt, tit! rc:::rd¡:t of' Iohid, is rortty Ðd'J~~, d::eJ 1-creèy gr.:cnt, hmpin. æl.1. ill'rl œlææ :1to t:h~ ¡:nrty of l1e sxnrl ¡:net, ~ts $t1J:~:t..4;> ð'ð asãigs, a ricj1f:. of \uy lsd ~ U1œrcnt (c:I:- !-e ~ of': t(\A1~rt. (nA-I.p.J Ioith full <rd r~ rlcj~. li.œrt)'. ~rl œJtJ'Crl~ to 91t:c!:' qx:n an! c insta.1..l. q;:e.rat:.e, <u::! ntÙ11t:2l1r1 su:h w ~LL IV1A(~ ud:!r, <x:rcrs. tJ ~, <I'd \;:a"I, 00If!r, \n::b:' ex' it:hin tin !aL1o-'f.rç d::s::ri1:n:J ~ty 1a:ntaJ 111 Rt.1m ßÐj, O:utty, F1cr:icb. t.ci..~.dt.: ŒS:.RIma I B-rz. A 1TAc,\Sr~ D e.þ{'~ 1 ~ t."\ A O:m:rnlt:.ant:. an:! cœxta'Gi~ with this riç#'t. is tie furtl"Er ri~'It in tl-e p:1rty C£ tÆ :sa:::orl art, its ~t. ~~-Ä~ ard œ:sig1S, C£ ~ ad e;;:æs ~ ëI'd 01 trot p:rt.kn Œ 1a1:! d:!9:rlb;rl tb:1,¡e, to effECt \:re pA.p:::t:=> of UP. EÐæta-rt.. 'ft-at: this ms:)I"E11t stoU œ SJbject. O\ly to Uan œs:natts, ~ictIt'Jr;, ¡n::! ~tla1S ct: ~. Tt"t. Ue ¡:nrties 0( tJu !ir.;t ¡::nrt ~ to ~..1œ Ccr Uc œ.lr3'-.3l' c:£ <:DI)' ~d a1ll~ty.y::s a: J.a'IS annœ.r:iJ'ç this œroralt. 't1e p:u"ties f:L Ue first µ1.tt nls:J ¡:gro:1 t.o ero:t TO bJ1.1d1n¡ c::r ~ (cd: ë:JnY ot:1cr kirrl cf <:r.nstLu:t 1cJl cr i..OTfTO'. u:u ~.!; tµ:n th~ ~. 'O'<b9::rih:tJIU~ X?rty . Pa.rti~ of th? fi.r.>t ¡:nrt dJ I~Cy fullr ..~1t tin t.it:J.e to !:)id lzttd arrl viu Œfarl Ue ~ ¡:q:JÏI"Gt Ut? ~o('·1.1l ci<)ln(j d: ~U P'"'~r. ",h:r.'('CY.!'.-:!::' di\itro:J 1:y, U1IUg1 cr \.J~b:' it:. thx 11:. .os ;¡::aJ rig!!: an:! ]¡r..('ul aut:h:::rit;y to ~Jt UT.! ~.,\? d:~ib~ Cn,7JIOIt ,'œd tic!: tJo s::Jte Is :.rannb?..r:a:I. Ur.-xe tl'P- crr1te<t cf this Ð:t.<):"?;B1~ D:I:rl al.lo...~ cr ~ts, tJ~ S<:JTe gull 1rclu:.b Un 9" -.",rs cr <:ISS 19ns 0( l:1e ¡:m:t. iES . IN \mNE$ \<lŒ'Im', t:re p1rties to Ws ~.=¡4_ DB! œt tleu- h:n.s ;;t'rl !Ðl1s tte cby am }el' f lrst. a!:x;¡vg writtEn. I .. . \'1mI5SES: rr·mn:s Œ' 11 5: F1R.>r m.qr . ~ ~:::~:; cxxn= _TIATIoo. Florida co=atian . (r<rn> ~~ cc typo mtb!n) (n:= ¡:rirnm cr G1'" ,>iUrn) 1475 s.w. 4th Avenue, Delray Beach. FL 33444 /) (~l!:tSS) t rfh. ~,P-~ I . u l\ , A _ I (rt::r:'C 1% ù!'...crl cr t)1:x? "Ti tta 1 ) I-..:~ I s6 M. U t/I'17VL (rare p:inte:f or type wri tta1) (~.......~) ST7\1E Œ' FLORIDA CJ.,NIY Œ plirM J:!FA('~ . . 'Ue (Ota;pirg il1s:ru¡':slt \.-:'-~ rd<rOllr:ci:!~ te!~ ~ Uùs .2.:2.. ~)' c:£ Mav , 19,2L. . 1..11 11,-"'"1 R .Tdhnmn. VPI (~~ ....ç ~~, ,..-v.~,·I,....hr!L ~'n f~ ~nl1'l Î7'GU\ t:o rrGlçr 183 --Aï------: r -------.----- -_.~..-.. 0-- _..'--~~--- - __________....~....~4.~.~. .. ~ (t)-¡:e of id:rItlfiæt.iat) as icbtt1!lQ~1C1 ;;r"d ~o cua \ma ree, CiJKe Ø1 œth. *of County sanitation, Inc., a Florida corporation. -.. . , ~.A_ j) rJt;fT 7 OOU~"M!;:RHIII $1~1~'~.:f,-. c."'! ,-~, ,::¡,~~ '·-<~L"·lC'(17'rJ't. u" c-...w..... cc:7S2119 . - '-'- ~ -"7""'" - E.....- """ 13.1wr DOUGLAS B. MERRITT ......'" ANS r~ '1 ;Ó::t:3.'ta:l:;r-r lYrm, J'1'in....r.:d CJ." St:.,"'rxd TGTAL P.05 ___n__"_~.__·__'. ._ .-._-------_.._------~~--------_.. "".........- .- ....-...'S.I.~ ~. ~ . ., -. .. ., '. ~ p., '. -- JUN~13-1995 10:3'3 J ~ [~VA'H / D D DA~TIEL..'5 - - ,. p.0S . . .' t:XH-t~ iT A . . tf . NOTE: Thi~ sketch is not a , Sur'l/~Y I . -~ I· . : .. ~. ! .. ~I ~,~, I ~t'"lí {If .. .;$' - "~Itfti"''' (¿f"~·1'" o?.. \. \\ ~ , . I ~ "''''~. ~d' 0(' , . , fJ" -~ 'Z: 1 3~, ~ m" ~ ~ '3/ .. i ,1J:\ D-~ I .. . - ~ ~ "'l . .' I'lATep1Alrt EJlØEI'IErtl . ~~ . ~ tt.....i ~ ~ .... ... § ~ '%'.rt "C \\ ~.; ~ ~ '- ::1 "" ~ t- ~ \U ~ . . . . ",,5: 3 ~ ~ \! '117 FflCAf'f·Pf- tlA'{ , , ~1- I~: I) ~iOC '. ~ ~ '3 .m P7t'UTH UI'fE t.dr 1'1 ~ ,. n,'\ V¿ P.O.C. y.~, I , ftir·t ) , (P,II4T #V œMJIferiœMah') . I _ ... . . DESCRIPTION FOR: COUNTY SANITATION . . DESCRIPTION OF: 15 foot water main easement A parcel of land in Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida described as· follows: t . Commence at the intersection of the 'South line of Lot 15, Model Land Company Subdivision of Section 20, Township 46 South, Range 43 East, as recorded in plat Book 1 at Page 4 of the Public ~ecords of Pal~Beach County, Florida with the East line of the plat of Soutnridget Plat No. 2, as recorded in ~lat So ok 13 at Page 39 of th~ Public Records of Palm Beach County, Florida¡ thence Northerly, along the said East line of Southridge, Plat No. 2, a distance of 23S~OO fe~t to the Point of Beginning; thence continue Northerly, along the said East line a distance of 15.00 f(!e t: thence turning an angle of 90 degrees 32'31", as mQagured from So~th to East, ~ di~tRn~p nf 66ñ.7~ fp.p.~ r.n ~hp. intersection with the East line of the West halt of said Lot 15, said point bein9 250.00 feet North of (as measured along the said East line of the West half of Lot: 15) the South line of said Lot 15; thence Southerly along the said East line of the West half of Lot 1S, a distance of 15.00 feet; thence turning an angle of 90 degrees 23'52", as ~easured from North to West, a distance of 666.80 feet to the Point of Beginning. Containing in all 10,001.7 Sq. Ft. (0.23 Acre), more or less. .. I HEREBY CERTIFY that this descripticn and sketéh was made under my responsible charge and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-5, Florida Administrative Code, pursuant to section 472,027, Florida Statutes. ~ ' JJ~ ~ ~ . --' .--.--....- . - .~ ... ~_.. . ~.._---..._-.~_.._.---:-~.__.~. - - < ..-.. ---...- ' ... ..- ., ~.... ~-~ . . .' , .' J r1ls Instrument was prcp<JrCtf oy: OONALD U. UANIELS. Field Da~c: t\ I A.. PROFESSIONAL LAND SURVEYOR . ,; ". FLOR'D~ CERTIFICATE NO.2 608. . . . " Ref. '10/4 "/.4?J ®®ffi@)]@ IIDo W®J]1n@llêoJIm@o SCALE: P' .:Ilc?",' . OFFICE: VE~ PROFESSIOHAl LAND SIJRVEYORS NO.:~S;-ppq i CAfe: t - '1 ~ -~r:; 725 N. A 1 A . Suite C-III- ~u?!!or. FL 3~.T7 . 407-747-91194 SHT. , OF , .. .. . . £ITY DF DELIAY BEA£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR IDA ......... MEMORANDUM AI~America City , ~ II I! DATE: July 12, 1995 1993 TO: Alison MacGregor Harty, City Clerk ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: County Sanitation Water Main Easement Deed Attached please find the original easement deed trom County Sanitation for a 15 ft, water main easement. Please record the original and then send a recorded copy to me. Please call if you have any questions, cc: Janet Meeks, Senior Planner @ Printed on Recycled Paper . - oK »1 CITY COMMISSION DOCUMENTATION TO: Davi T. Harden, City Manager \ THROUGH: Dian o of Planning and Zoning FROM: John Walker, Project coordinator¡t aJ~ SUBJECT: MEETING OF JUL Y 11, 1995 AUTHORIZATION TO PROCEED. TWO YEAR POST -CONSTRUCTION INFAUNAL MONITORING FOR THE 1992 BEACH NOURISHMENT PROJECT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an authorization to proceed with the Two Year Post-Construction Infaunal Monitoring Study for the 1992 Beach Nourishment Project. BACKGROUND: Follow up environmental monitoring of the Beach Nourishment Project is required by the Florida Department of Environmental Protection permit. This phase of the monitoring documents the continuing recovery of organisms that live among the sand grains in the soft bottom areas of the ocean floor, Staff has coordinated this item with Palm Beach County and confirmed the continued use of consultant services and the County's intent to fund the local share of project cost. This item is covered in our contract with Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State, and County appropriations. RECOMMENDED ACTION: By motion, authorize and direct the City Manager to authorize Coastal planning & Engineering, Inc. to proceed with the Two Year Post-Construction Infaunal Monitoring Study for the 1992 Beach Nourishment Project at a cost not to exceed $13,282.11 as requested in their attached correspondence. Attachments: * May 4, 1995 letter from CPE * June 20, 1995 letter from Palm Beach County (f',G. " . - COASTAL & OCEAN ENGINEERING COASTAL SURVEYS COASTAL PLANNING & ENGINEERING, INC. BIOLOGICAL STUDIES GEOTECHNICAL SERVICES BOCA RATON: 2481 N,W. BOCA RATON 80ULEVARO, BOCA RATON, FL 33431 (407) 391-8102 TELEFAX: (407) 391-9116 JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039 TOMS RIVER: 250 WASHINGTON STREET, SUITE B, TOMS RIVER, NJ 08753 (908) 244-3366 TELEFAX: (908) 244-3664 4818.91 -J~Clnw!EID) May 4, 1995 MAY 8 1995 Mr. John Walker PLANNING & ZôNlNQ City of Delray 100 N. W. First Avenue Delray Beach, FL 33444 RE: Proposal to Conduct Two Year Post-Construction Infaunal Monitoring for the 1992 Beach Renourishment Project Dear John: This is a proposal to provide services for the two year, post-construction infaunal monitoring of the 1992 Delray Beach, Beach Renourishment project. As per present requirements for the Department of Environmental Regulation (DER) permit (No. 501662809) for the beach renourishment project, the borrow area and fill site infauna are to be sampled prior to construction, and during the post-construction phase. The infauna includes organisms which live among the sand grains in soft bottom (sandy) areas of the ocean floor. Beach nourishment activities disrupt infaunal communities through the dredging process at the borrow area and the filling process at the beach. Thus, beach nourishment permits issued by the State typically require ongoing monitoring of the infaunal community to determine the extent and rate of recovery of the infauna. We have conducted pre-construction and one year post- construction monitoring studies of the infauna. This proposal is for continuing studies, specifically the two year, post-construction monitoring cycle. Results for the one year, post-construction infaunal monitoring are inconclusive. There is no clear pattern of infaunal recovery as has been the case for previous infaunal monitoring studies at Delray Beach. We believe it is important to continue to monitor the infaunal recovery, as it could be a permit issue for future beach renourishment activities. We propose to provide the following services for the two year, post-construction infaunal <'. monitoring study: 1. Collect infaunal samples at each of the infauna monitoring stations identified in the permit for the beach nourishment project. Eight stations will be sampled adjacent to the beach, including four compliance stations and four control stations located north and south of the project limits. Additionally, five borrow area stations will be sampled, including three compliance and two control stations. . 4818.91 May 4, 1995 Page 2 2. Five samples will be collected at each station. This will include three replicate infauna samples, one sand grain size sample and one organic content sample per station, as specified by the permits for the project. Infaunal and grain size samples will be collected using a 7.6 cm diameter hand operated core sampler that penetrates 15 cm below the sediment surface. Organic samples will be taken with the same coring device, but to a depth of 5 cm below the sediment surface. Samples will be collected by a biologist using SCUBA equipment. Sixty-five (65) total samples will be taken. 3. The infauna samples will be preserved immediately after collection in accordance with state guidelines for infaunal and sediment sampling related to erosion control projects. The infaunal samples will be immediately preserved using 5 % buffered formalin containing rose bengal dye to aid in the identification of the infaunal organisms within each sample. 4. Fonnalin will be decanted from each sample and the samples will be sieved through a 0.5 millimeter sieve. All retained materials will be flushed with water, then preserved in 70 % denatured alcohol to prevent decomposition of the organisms. 5. The infaunal samples will be submitted to a subcontractor specializing in infaunal identification. 6. Infaunal data for each station will be reported as a number of individuals from each station, the number of species and the faunal density. The data for each station will then be analyzed using Shannon-Weaver, Pielou, Margalef, Simpson and Gini diversity indices. 7. Grain size analysis sediment samples will be subjected to mechanical sieve analysis techniques. A gradation analysis report and a mechanical analysis report will be provided for each sample to characterize the sediments at each of the infauna stations. 8. Each of the organic content samples will be analyzed for moisture content and h organic carbon content. Approximately 15 grams of each organic content sample will be dried at 1400 Centigrade to detennine the moisture content. The dry sample will then be reacted with hydrochloridic acid to determine the carbonate and acid soluble content. The remaining sediments will then be ignited to oxidize the organic material within the sample. The organic material is defined as the material which is lost due to ignition process. COASTAL PLANNING & ENGINEERING. INC. . - 4818.91 May 4, 1995 Page 3 9. The results of the infaunal study for the two year post-construction phase for the project will be compared to the one year post-construction and the pre- construction results. An analysis will be conducted to evaluate the extent of recovery of the infaunal community at each of the stations located near the fill site and at the borrow area. The results of the analyses will be presented in a format that is suitable for submittal to the state, U.S. Army Corps of Engineers and Palm Beach County. The fee to provide the services required for the two year post-construction infaunal study is $13,282.11. If you should have any questions, please call me. Sincerely, e, 1 f· Ri ard H. Spadoni Vice President RHS/ys cc: Tom Campbell, CPE Kim Beachler. CPE Craig Kruempel, CPE Sandy Cummings, CPE Liz McCarthy, CPE DB04:INFAUNA.123 ~~.. COASTAL PLANNING & ENGINEERING, INC, . , "- Board of County Commissioners County Administrator Ken L. Foster, Chairman Robert Weisman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Department of Warren H. Newell Environmental Resources Management Mary McCarty Maude Ford Lee June 20, 1995 Mr. John Walker, Project Coordinator City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mr. Walker: SUBJECT: DELRAY BEACH SHORE PROTECTION PROJECT - TWO YEAR POST CONSTRUCTION ENVIRONMENTAL MONITORING We have reviewed your letter of May 12, 1995 and the proposal letter of May 4, 1995 from Coastal Planning and Engineering regarding the subject matter. This letter is to confirm the County's intention to reimburse the City of Delray Beach for the two year post construction environmental monitoring effort. We understand that the cost to the County for this work is $1,972.10 If you have any questions, please contact Robert Clinger at (407) 233-2400. Sincerely, ¡Zu2w Richard E. Walesky, Director Environmental Resources Mahag ·t REW:RWC .. , ~Œrcœ;II'W1EJD) ,}tIN 21 1995 PLANNiNG & ZONING. "An Equal Opportunity - Affirmative Action Employer" @ pdnled on ",cycled paper 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406 (407) 233-2400 Suncom 274-2400 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER llf1 SUBJECT: AGENDA ITEM # 8.H. - MEETING OF JULY 11. 1995 FINAL PLAT/DELRAY SHELL DATE: JULY 7, 1995 This is before the Commission to approve the final plat for Delray Shell, located at the southeast corner of Atlantic and Congress Avenues. Recommend approval of final plat for Delray Shell. "' . . Agenda Item No.: '6,/1, AGENDA REOUEST '7/11 Date: JulyS, . 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda July 11. 1995 _____ Workshop Agenda When: Description of item (who, what, where, how much): Approval of final plat for the Delrav Shell Plat ( see attached). This is a boundarv plat for the existina Shell Station at the southeast corner of Atlantic Avenue and Conaress Avenue. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~ Recommendation: Staff recommends approval of the Delrav Shell Plat. ~~) Department Head signature, (I, ' -'~ _ - -, 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: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AGCOR614.MRM .. · , DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P~~!~ city Engineer DATE: July 5, 1995 SUBJECT: AGENDA REQUEST DELRAY SHELL PLAT Attached is an agenda request and supporting information for Commission approval of the Delray Shell Plat at the July 11, 1995 regular Commission meeting. Previous comments from staff have been adequately addressed, therefore staff recommends approval of the subject plat. DB: mm File: TAC DBSHE705.MRM · ~ I!#.~ I ~ ~ ~ ~,I ~~E~: .! § ~ 3 _ u. ~I! ;~~ · ~ ~ r g! ..~ ~" _.:!!~ " - ~ ¡".~- ~. ,.< --: ~ \ ~ " ~ " . Eli.. - - - T - - - -, ¡ I' ··:~h ~ .:. ¡¡ - .,,: I I' § I" . l!·i~l. .~! I · " .8 i !. ~ Æ !5 ~.... ~~ ¡: f z <'¡! L':itì5. , !: ~ I 5r'~'ij~ii ~ Z; ~ æ. ~ .'~ I I I ., .. « ... ~ z.. ~ '" IS:. .. "" .. ~ i ~ ~ æ~ g iå;~¡! 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I ¡:::~ <.::' ____ ~ ~::l' :S:'=it%;:='¡¡:==Q~;I:;:i::j=!"'~""=3.'-·=;::=""-_!:·::'=':- =;: ..,. .", r- I ;'" ::==t- - '-"~":~II: ~~:.;_ (".,¡! ~!;It,,~~~;z:;;~;.\<r~=:2!.o~~...,,' ~~;>~...í:~~"~~ ~E ~~£Þ! ¡~~' =-; ~j ;;;E !.:.i I ; ¡f.;:¡t;::üVi .~:¡ <_~ ~zo -uov.~~_vo:.~v_u-~u~ ~_~_ç _~_Ža~ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~. 1:. - MEETING OF JULY 11, 1995 FINAL PLAT/VETERANS PARK DATE: JULY 7, 1995 This is before the Commission to approve final plat for Veterans Park. The plat will consolidate the Veterans Park property and related easements. Recommend approval of final plat for Veterans Park. Agenda Item No.: '8,I. AGENDA REOUEST Date: Julv 5. 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: Julv 11. 1995 Description of item (who, what, where, how much): Approval of final plat for the Veterans Park Plat ( see attached \ . This plat will consolidate the Veterans Park property and related easements. ORDINANCE/RESOLUTION REQUIRED: YES@RAFT ATTACHED YES~ Recommendation: Staff recommends approval of the Veterans Park Plat. Department Head Signature: ti:ø,~--~ ~,ç/~S 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: ~S/NO , [L C'4~J, c: ~ ~F,!'l Ii ¿~ }.'L:\;:; Hold Until: Agenda Coordinator Review: (, ... (. ,"::\ c.,~ ~'he L \", 72, eJ", A.."....,¡,~ ,+ ~ "J . l- \\ . ~ .: Vl+<-:-,7'L<' '-<'v\. CfL.\., L-<:, 'U:¿'~< < Received: ilL I Placed on Agenda: Action: Approved/Disapproved AGVET704.MRM " DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P.~~::) city Engineer ' DATE: July 5, 1995 SUBJECT: AGENDA REQUEST VETERANS PARK PLAT Attached is an agenda request and supporting information for commission approval, at the July 11, 1995 regular Commission meeting, of the Veterans Park Plat. Previous comments from staff have been adequately addressed, therefore staff recommends approval of the subject plat. DB: mm File: TAC DBVET705.MRM . . - ,...-- ( '" n I .; "!! ~ ~ \ I I. ~ " ~ j J '3 ó:¡ : ~ - ., .=h _"--_ .', i. - .1 ~~i ' - - ... . .,... ~> J '-1!;'1 'i r-I Iª I - !iii-I- ' .. i~:: J: ; J~f .. ¡I. I ~ II~ i!i! :I=r"' '_fl ::.J f..):. I'¡ 'i lit !I!I ~~~ II !hl ~.II II . = jit,~11 iHI:: !~ iï:i r' '-~ ' ; I qJ- ~.,~ ,.: f'"I .:Ií :¡ Ë æ In \ - =-:~i If!.'f-: '!.' '-i . ¡ ;.'i!:~ ij; i~~j J ~~~ 5 j II ..- I ;¡ l . Iii -. ~ j - -""1 ... :: , :J , t m 11- n.. .I'). r i i &.~ III -. - . 'iil ~ -'i" .. ..;1 ~ '¡ . -; ¡ =! Pi 11:- il') . . ~ "\:' i '\ ~ · 'il ~--, ' , al ..j I- f I II.h ;I~I ! ¡~~ 6n~~~1 ~j ~' ~. :~i~¡!j¡ .!·I bdi I il¡ilh! .:.h ~:<. _:_-I!.. € N E. /tv ~TREET t Af_-nW"'L 29B.Rd' r"A~r . ! r,7. ¿,.. AI 1/itI-r: ~ iii ! ! ; I; , t j " ~ ~ ~i' : ~ -f' ~. - I· ! ~ ~ II: ~, ': : J it h !I , !Ij~ ". . - !: '. I ~ - ~~ " ~ ¡- -I I 1 "J (,,~ II i~ · iil! I ~ ~: ~ ~ ~ ~'\. . ¡~ I :~~. I- "" , ~i~ 1- .' "I! . ¡. a, '.1 'J ~ ~{ ~ ~ ~ ~"s ~ ¡' .ej=. ill. if \õ~"" I! (hll t+ü ~ ~i ~ ~ ' ~ ~.... "- I I - 1-1-1 ~ ' ~~ ' if !I . :-li " ,¡a'¡ IIlt¡ ~ ...., .;,·I::¡, '='1-, V) ~ ~.~ ~ 1'~il!1 ¿'!¡tl·! t,. dl_.I_lih ¡ ;. I~~~ 't _ :1!mi:h!lild " ~ "= I ~ ~ ~~, , "- i .~ .. .. .... ..: \ ~~ ~ ~ ~ . '" "i~ \¡ , " ~ -~ ~ ~, , ~: ~ . . ~ ~ ~~ ~ ~ ~ ". ,,~ ~ " ..... ~~ ~.. , I ~ ...... ~ ~ i~ " Î\. "t ~" ¡~ '0 ,'0 ~ ~ . ~ \i ~ ~ ~ }~ ~,~ .. '. " ~ . ~ " t"'~ t-. ~ '. ~ X :~ ::: ~... ~ ~ ~ ,,~~ l5 ~:-. ...¡ ~ ~~ ~~ ~, , ~ ~~ ~ ¡'MI' ~ .. 2d7.9S' Af'1'~'""'s"W' . -,G E,.,5T ATLA#T/C AVE' h ¡u! ! it ! l ' I: ~~ 111~ I .~; li=¡f '·ti ,~ I' !¡ ,; '1 ,'= I 'I!, I~ :U _t ~II'~ . !I . I ! i b I tl I¡i, I =. It!! ~! "!i ~UI. u IIi I r: f! ~ti ;IÍri I~! Ui ' : i¡ . I ,-. .,I·! r¡~ Hi Hi d: PI ,.,i; " .. . *h ¡' i I ~ h' ;:1' !!IE' '. 'pl ï;~ i .~1 ~!;~. '. I - r ~: IIi! ~I!!r i~~~i I, I ' !!=i !I I E·' Ii . 'Ii~~ I lit ; ,I . ;1; ;i~: ::!:¡ II, ;.!,. I, I !! ;¡~I¡ - . I '''1 ~'h~ !hh ., pipu I- ! :111 .' .12 !' I ; . I ~i I ,I; II I ,," Inil ';...0 ¡i. ~ I .t .,d.i a.r ,(i ¡ I ! III U Iii.. .. 01( ðJU1 RECEIVED £IT' DF DELHA' BEAEN JUl - 3 1995 CITY Ml'·'· ~-..,,~ "[FIt;; CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH F lOR I D A ....... AII.America City MEMORANDUM 'IIII,~ DATE: June 30, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attorn~ SUBJECT: Revision to Corniche Plat At its June 20, 1995 meeting, the City Commission approved the Corniche plat for property located on N. Federal Highway just south of Knowles Park. The 24' access easement on the plat should be a "public access easement for recreational purposes." As the original plat did not include that language, at this time the Commission, if it desires, should approve the changed language to allow public access. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Joseph Weldon, Director of Parks and Recreation Alison MacGregor Harty, City Clerk cornich6,dnt ® Printed on Recycled Paper <g, J. . · t)f< RECEIVED ti11 JUN 2 8 1995 ' [ITY DF DELHAY BEA[H CITY M~'" ~ -_'-, /)~FiCc ", CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH f L 0 . I D A, a.e.d AJl.America City MEMORANDUM , ~ III! DATE: June 27, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attorn;Ø SUBJECT: Contract for Purchase of Randolph-Baker Property - S.W. 7th Avenue Assignment to Habitat for Humanity The attached resolution, if approved, will authorize the City Attorney's Office to proceed with the acquisition of a vacant parcel on S.W. 7th Avenue from Lillie Randolph, Kenneth Baker and Keith Baker. The contract authorizes the purchase for $7,500.00. Concurrently with the execution of the contract, City Commission should consider approving the Assignment Agreement between the City and Habitat for Humanity of Boca/Delray, Inc. If Commission approves the assignment, the City will assign its rights in the Randolph-Baker purchase contract to Habitat for Humanity. The City will pay the purchase price and all costs at closing, and title to the property will vest in Habitat for Humanity. Our office recommends approval of the resolution authorizing the execution of the contract with Lille Randolph, Kenneth Baker and Keith Baker, and the approval of the assignment contract between the City and Habitat for Humanity. Please call if you have any questions. DNT:smk ~tm~ Attachments cc: David T. Harden, City Manager 7/// /95 Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement Dorothy Ellington, C. D. Program Coordinator baker. dot @ PfJ!1fed on Recycled Paper 8r; · .~.',_.' -,-,'_.'-'-,' -'. , '_h~<"" ".. ,_.~.,~.__.._. ,_. . ---..--. '"'~_~'_'_" .'. ,'_,', '._. __~> .'. ._~,.._.,_ _.,_'___.<_~'_"."".~_'~ "._.__._.___ ' __n W'__'_" _........ ,_, ._...... '·'W··__'~'.·· ~--'._~----,----- '_..'-~_.'--" -.------ RESOLUTION NO. 48-95 CITY OF , A RESOLUTION OF THE CITY COMMISSION OF THE I DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLERS CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE I TERMS AND CONDITIONS FOR THE SALE AND PURCHASE I BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, I FLORIDA. I ! I WHEREAS, the City of Delray Beach, Florida, wishes to I acquire certain vacant property located on S.W. 7th Avenue to provide I for housing pursuant to the City's Affordable Housing Program; and I WHEREAS, the Sellers hereinafter named desire to sell the property hereinafter described to the City of Delray Beach, Florida; I and i : WHEREAS, it is in the best interest of the City of Delray I Beach, Florida, to purchase said property for the purpose described i above. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ¡ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I I Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Lillie R. Randolph, Kenneth Baker and Keith Baker, as Sellers, land to provide for affordable housing opportunities for low income individuals, for the purchase price of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00), less existing liens, and other good and valuable consideration¡ said parcel being more particularly described as follows: South 50 feet of North 200 feet of East 131.39 feet of West 156.39 feet of Block 16, TOWN OF DELRAY, 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 at Page 3. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. , , 1 '-'.~'._-'---...- .. -..._'..~"<". -. ,..~.... ~- ". - -, ~. --"~-,- -..-....-- .+..~._...._._.~< __,.".._,..~___."'___'~"'".~.""_'__"_' .,', n,. _ ~,"_.__ .- ~,..- -..-- ,-.-.....- -----¡ " i I; Section 3. That the terms and conditions contained in the I iI Contract for Sale and Purchase and Addenda thereto between the City of I Delray Beach, Florida, and the Sellers hereinabove named I as are , incorporated herein. I I. Ii it I PASSED AND ADOPTED in regular session on this the 11th day , of July, 1995. I I I j ~ ~~ I !! / M A ATTEST: OItÁtm'I!Þ.t)Útr J/o7/ir I I City C rk I I I I I , I I , I I I i - 2 - Res. No. 48-95 . CONTRACT FOR SALE AND PURCHASE LILLIE R. RANDOLPH, a single woman, KENNETH BAKER and KEITH BAKER, as tenants in common, ("Sellers"), of Delray Beach, Florida, and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Sellers shall sell and the Buyers 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 North 200' of East 131.39' of West 156.39' of Block 16, TOWN OF DELRA Y, 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,500.00 . 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 May 31, 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, 1995, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMIT A TIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or òtherwise 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 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 fmal -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 necéssaly to satisfy the withholding obligation. In the event Buyer detennines 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 infonnation as required under the Regulations to the Internal Revenue Service. C. This contract is contingent ~pon the CITY OF DELRA Y BEACH'S City Commission approving this Contract within twenty-one (21) days following its execution by the . Seller. D. The parties warrant and agree that there is no broker involved in this transaction. E. The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within the time pennitted for delivery of evidence of title ~erein. Notice of the result of such testing shall be furnished to Seller. During the tenn 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 ÍJ1SUJ'Cr 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 dctcnnined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable. Seller will have one hundred twenty (120) days ftom receipt of notice within which to remove the defcct(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of dcposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provid~d 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 rc:aJ property or that improvements located on rc:aJ 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 Eeress: Seller W8JT8ßts 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. l&ua: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all wrinen leases and estoppel letters fÌ"Om 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 fÌ"Om 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 confmn such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. J...ifm: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any fmancing 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 sening forth the names of all such general contractors, subcontractors, suppliers and materialmen and further afftrming 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 Closine: Closing shall be held in the county where rc:aJ property is located, at the office of the attorney or other closing agent designated by Seller, G. 1:iJH: Time is of the essence of this agreement Time periods herein ofless than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closine: Seller shall furnish W8JT8ßty deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee e5toppelleners, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the W8JT8ßty deed and recording corrective instruments shall be paid by Seller, Recording W8JT8ßty 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 b 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 rc:aJ property by January I st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which. request will be made to the County Property Appraiser for an informal assessment 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, conftrmed 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- . confmned or ratified and Seller shall, at dosing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspedion. Repair and Maintenance: Seller warrants that, as of ten (10) days prior to dosing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing sýstems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense. have inspections made of those items by an appropriately Florida license persop dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer repons such defects within that time Buyer shall be deemed to have waived Seller's warŸanties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement If Seller is unable to correct the defects prior to dosing, the cost thereof shall be paid into escrow at dosing. Seller will, upon reasonable notice, provide utilities service for inspections, BetWeen the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be pennitted access for inspection of property prior to closing in order to confmn compliance with this standard. M. Risk of Loss: If the property is damaged by f11'C or other casualty before closing and cost of . restoration does not exceed the purchase price of the propeny so damaged, cost of restoration shall be an obligation of the Seller and dosing shall proceed pursuant to the tenn so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with éither the three percent (3%) or any insurance proceeds payable by vinue of such loss or damage, or of cancelling the agreement and receiving return of deposit(s). N. EKm!!: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with tenns and conditions of agreement. Failure of clearance of funds shaH not excuse Buyer's perfonnance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall detennine the rights of the parties or Agent may deposit with the derk of the circuit court having jurisdiction of the dispute. Upon notifYing all parties concerned of such action, all liability on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S, (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Perlormance: If Buyer fails to perfonn this Contract within the rime specified Buyer and Seller shall be relieved of all obligations under Contract. I£: for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perfonn this Contract, the Buyer may seek specific perfonnance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Alr_ment Not Recordable: Penons Bound: Notice: Neither this agreement nor any notice of it shall be recorded in any public records, This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context pennits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Convevance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. -5- R. Other Alreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it S. Warranties: Seller warrants that there are no facts known to Seller materially aft'ectil!g the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: SELLERS: ATTEST: th Baker &mn<q1/',.J{,(j¡n /Ioriy ;i;v,v~ ;1 A .ðAØA . City Clerk Approved as to L Kei~~ Ð~. ~ City Attorney By: State of Florida County of Palm Beach r }f/ ð[ , The foregoing instrument was acknowledged before me this W day of 1995 by LILLIE R. RANDOLPH, who is personally known to me or who has produced t<L . (type of identification) and who did (did not) take an oath. ~. Ð· (;;3;- , -. Signature of Notary Public- State of Florida ..'~) R. O. PRIEST ¡<·D. ~ ,'ES''f MY COIn 1II11OM' cc 271414 . . i ØPIRE8: ..,.. 1117 ......1l1li ...., MIle ......... Print, Type or Stamp Name of Notary Public -6- . - State of Florida , County of Palm Beach . The foregoing instrument was acknowledged before me this LL day of ¡t'n 19 V' , . / 1995 by KENNETH BAKER, who is personally known to me or who has produced ::r:1V~(/' A .&,.AA D~ltype of identification) and who did did not) take an oath. , /fl. éJ ' , ~rr Signature of Notary Public- '\) R. O.I'IIESI State of Florida , .. . flY COII.ION' ex: 271414 11<ìEÿ( . IXI'M: "1'.1117 R~ . . '1i .., ~ YIInt -.NIc......... ,U, Print, Type or Stamp Name of Notary Public State of Florida County of Palm Beach The foregoing instrument w~ acknowledged before me tbi,.2-~""-- day of ~ Þ1/Z 1995 by KEITH BAKER, who is personally known to me or who has produ ed 7), L (type of identification) and who di . d not) take an oath. é) èf- Signature of Notary Public- State of Florida ;;'0 I VR;ESi Print, Type or Stamp Name of Notary Public bùcr .a¡t -7- 6 /'r¿-,("~"'p (/:/UTr ¿/,t/~-, ~ -. 1'''''><£. .-- ~ ~ 7r"'AVEA/tlL- ': SW C) go ~"I? . . -~"I7.'" - K - ...... - -;.I- Ç/Il{M"'£~/4 P /51?' "' I ,.aø \#es/ a4/t! rg' I ~ ~I 11\\ ;;; I~ ",r JUC/ /ð .. . I ~ ~I I~ ! I ~ð. ¿)' ~ ~ 'f ""7-(;- n:l,9 \ ~ \,.~ -.1L. ~. d'1' ,. ~ .... ~ ~ . ~ '\ "'& ~ ~ -. ~ ~ ~ ~ ~ ~ ~ ~ \S ~ ~, ~ ~ t)., t~\ 1'" 't , ~ " ~ "'. -" , , .. ~ ~ '" I , r, ~ ~ \() ~ '"' ~ , . 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"~~~~ ~ ~ ,'" "i 'i~ , . ~ 0 = n ~t:· ~\¡~ ~ ~ ~ ~ ~.. . ~ !! f' ~, ~ ti ~r.; ~ ' ~~~-. \- . , .. -,0 - ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT is made and entered into this _ day of , 1995, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as "CITY"), and HABITAT FOR HUMANITY OF BOCA- DELRAY (hereinafter referred to as "HABITAT"). WIT N E SSE T H: WHEREAS, the CITY is the contract purchaser under that certain Contract for Sale and Purchase for the property described in the attached Contracts, copies of which are attached hereto (hereinafter referred to as the "Contracts"); and WHEREAS, the CITY desires to assign all of its Tight, title and interest in and to the said Contracts to HABITAT; and WHEREAS, the HABITAT is desirous of acquiring the rights in the subject Contract; and WHEREAS, the CITY desires to assist HABITAT in acquiring the subject property as part of its Affordable Housing Program. NOW, THEREFORE, in consideration of the sum of Ten and no/1oo Dollars ($10.00) and other good and valuable consideration from one party to the other, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. The CITY hereby assigns, without recours~, all of its right, title and interest in and to the certain Contracts attached hereto to HABIT AT. " . 2. HABITAT hereby accepts such assignment. 3. The CITY shall process all documents for closing the Contracts. At closing, CITY shall pay to the closing agent sums equal to the purchase price of the property and additional closing costs as indicated in the closing statement in order to provide HABIT AT with the required funds to close. IN WITNESS WHEREOF, the parties hereto have executed this Agreem~nt the day and year fIrst above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: . City Clerk Approved as to Form: ~~ Þø~ City Attorney ATTEST: HABITAT FOR HUMANITY OF BOCA- DELRAY jJJi By:9~· DI~dt ¡) t~¿ c. assign-l.agt 2 · 01< RECEIVED 171 [ITY DF DELRAY BEA[H JUl - 3 1995 CITY ~At" ~-:-'\'''([~~ CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH f lOR I D " be:d AI~America City MEMORANDUM " III! DATE: June 30, 1995 1993 City Commission TO: FROM: David N. To1ces, Assistant City Attorne¡:( SUBJECT: Hope 3 Acquisitions 608 S. Swinton Avenue 4795 N. W. 6th Street The attached resolution, if approved, will authorize the City to expand its Hope 3 funds for the acquisition of two parcels. The first parcel at 608 S. Swinton A venue will be purchased for $22,950.00. The second parcel, located at 4795 N.W. 6th Street will be acquired for $43,200.00. Both parcels will be sold to qualifying buyers pursuant to the Hope 3 regulations. Please call if 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 hope3.dnt ~07ì~ 7//1/9S- ® Pnntej or; Rf:cvcíe:1 Paper g. L. Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director ~ From: Dorothy Ellington ¡;:;~, J Date: July 5, 1995 Subject: HOPE3 Acquisitions/608 S. Swinton and 4795 NW 6th St. ITEM BEFORE THE COMMISSION This is to request approval to acquire two single family housing units under the HOPE 3 Program. These units will be purchased at an average cost per unit of $33,000. See related request from the City Attorney's Office regarding the Resolution to purchase. This is to provide background information. BACKGROUND The City in partnership with the Palm Beach County Housing Partnership has participated in the HUD-funded HOPE 3 Program since being awarded a Grant of $430,000 in March 1994. We purchased our first property in December 1994 and since then we have purchased two additional units. These properties are located within various neighborhoods of the City, often having been boarded-up while waiting for HUD to dispose of them. Once we acquire the property, we will rehabilitate them and sell them at appraised value to a qualified low/moderate income home buyer. Once the properties are sold, sales proceeds will be revolved to provide for additional homeowner opportunities. We expect to purchase five additional units with our initial HOPE 3 Grant funds while more than 30 families are expected to benefit from these investments. " RECOMMENDATIONS Staff recommends approval of this request, authorizing the closing on the properties as listed above. I -"'"'--..._.'_' ~ --.......--".-,-. ~~ . . ~ ---'... -.- .., ._....._'......-_.--,,-_.,--~ _.._"_....~,---~-,..-.~---~--,"'_..~. _.~----~--_..._~~._--- ,-,. .-....-.---.- --- .._--.~. .________'_T"'._ <.___.....~ ,_.,._, __._"... I RESOLUTION NO. 49-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO i PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM I BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY I INCORPORATING AND ACCEPTING THE CONTRACT STATING THE ! TERMS AND CONDITIONS FOR THE SALE AND PURCHASE ¡ i BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, I I FLORIDA. ì WHEREAS, the City of Delray Beach, Florida, wishes to I acquire certain property located at 608 South Swinton Avenue and 4795 N.W. 6th Street to provide for housing pursuant to the City's Affordable Housing Program; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ! CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from the United States Department of Housing and Urban Development, as Seller, land to provide for affordable housing opportunities for low income individuals, for the purchase price of Twenty-Two Thousand Nine Hundred Fifty and 00/100 Dollars ($22,950.00) for Parcel A and Forty-Three Thousand Two Hundred and 00/100 Dollars ($43,200.00) for Parcel B, less existing liens, and other good and valuable consideration; said parcels being more particularly described as follows: PARCEL A: The South One-Half (S 1/2) of Lot 16, SELLERS ADDITION TO DELRAY BEACH, according to the Plat thereof as recorded in Plat Book 22, Page 17, of the Public Records of Palm Beach County, Florida. and . ! ..-....... ~ ~._,.~. "_ _~_ _R ", _....._._~,.....~~ . __ ~_"~..~. __~___ ,~- _'__.,~--_...-.-._. .-. ."-- ......_- -~~ -_.-'- -"'- -~,.,",. - "-.-,--" ì! - ~'..,~ - , I ¡ PARCEL B: ! ~ The East One-Half (E 1/2), as measured at right angles, of Lot 18, Block 3, PINE TRAIL SECTION TWO, according to the Plat thereof, as recorded in Plat Book 32, Page 153, of the Public Records of Palm Beach County, Florida. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the Seller. Section 3. That the terms and conditions contained in the Contract for Sale and Purchase and Addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 11th day of July, 1995. ~~ ATTEST: ()k1ð1?VJÆc!it ~ J/o'JJfy City Cl k I ! - 2 - Res. No. 49-95 . - -~ale's Contract u.s. Depôl1ment of Hût..i:iing a¡ad Urban Development ,- . . . Office of Housing . _ '; . I ~roperty DISpositIOn Program .,. Eecta~~ ~ousl~g C~T~!S$~ner OMS Approvat No, 2502-0306 (exp. ~ ""'. ~.' ,--' IiUD Case No 1. I (Wc:),-----*OO~G_P.AR'l'Î'JERS,lUP_ ÍNC.· - I (Pur~haser(s» abre.: 10 pllrcha~e on the terms set forth he~t:in, the followin¡; propt:rty. as more particularly __Q~2-277-783 described in the dc¡;d conveying the property to the Se.:retary of Housing and Urhan Dt:vclopmenl: ,:;ne Srmth ~".7i t1i-on ~vE'nt1~1 1)p.1ray ~~~1""1" FT, ,344.1 (street number, street name, unit number. it applicable, city, C:OUnly. State) 2. The Secretary uf If,}using and Urban Devt:lopmenl (St:ller) agrees to selllhe property al the price and lerms set foníl her¡;in, and 10 prepare a containing acovenant which warrants against Iht: acts uftheSt:ller and all claiming by, Ihrough or under him. Titl.: wil~be IlIken in the folJowin& name(s) and style: f'ity r\¥ I"IE"lray ~~~Jh I r 3. The agreed purchase pric;eofthe property is .....,.......................,...................................................................... > 3. S 22, q C) 0 Purchaser has paid $ as earnesl money to be applied on the purchase price, and agree~ . '. to pay the balance of the purchase price, plus or minus prorations, at the time of closing, in cash 10 Seller. The . earnest money deposit shall be held by ¡ 4. 0 Purchaserisapplying for HUD/FHA insured financing with aC.LS.1 Jown payment of S due at closing and the balance secured by a morl¡;age in'the amour t of S for months (does nOI include HUD/FHA Mortgllge Insurance Premium). o Said mortgage involves a repair escrow amounting to ......................................................................... ~ 4. S ~Purchaser is paying cash or ¡'pplying for convcntiunal or olher financing not involving HUD/FHA. S. e erwiU pay reasonable and customary costs, but nol morc than actual costs, nor more than paid by a typical Seller in the area, of obtaining financing and/or dosing (excluding broker's commission) in an amount not to exceed ~ S. S Direct Sale 6. Upon sales closing, Sc.:ller agrees to pay to the rroker identified below a commission (including selling bonus, ifoffered by seller) of ............................................................................................................... ~ 6. $ _ i"l i :AI""f- ~A1ø 7. The net amount du,; Seller is (Purchase price, Item 3, less Item" escrow, if any ,less Items 5 and 6) ................. ~ 17. $ 22 950 8. Purchaser is: B owner-occupanl (will occupy Ihis property as primary residence) investor (X] nonprofit organization 0 public housing agency 0 other goverrul\enl agency. 9. Time is of Ihe eS!>ence as to closing, The sal<: shall close not later than 60 days from Seller's acceptancI.: uf contract. Closin& shall be held at office of Selll.lr's designated dosing agent or A rlacc Doaignated by liUD f 10. lfSellerdoes not acc,;pt Ihis offer, 5ellë=2 may 0 may not hold su¡:.h offer as a back-up to acceplt:d oflÚ, I 11. Lead basëd painl addendum 0 is is not altached; Oth¡;r addendum 0 is 0 is not altached herelo alld III a~k part of this contract. I - . . - .""", . . . , ' - ' ,-.' -' ..',. . ~ 12. Sboul4.i.l~cbaser re(us~:~r otberwise (ail to perform in accordance with this contract, including the time IimitåµOD¡ SelJer~_~, .. Jeller'~~opûoo. retam·!D ora port;?" ofth. d.pos;t..liquida"d dOmug... n.SeD.r ....."'..th. right tøa~PIY'h'~~~~ . ' oraDY i9plon thereof, to anysums which may he owed by the Purchaser to the Seller for rent. Purchaser(s) InjlÍals:~ 5eI~~I~IIaIs:' _ .._ 13, This conlra~1 is suhjeLCt tu the Conditiuns of Sale on Ih.: revc.:rse hereof, whkh art: ìn~(lrporatt:d herc:ill and lllilùe part (of ¡hb cl.nlracl. Certification of Purchaser: -The u~dersigne~ certifies that In affixing bislhu/it~ siJQ,,~~re.1) th~ ëo,J:1tr¡ft hels~e/lt'p~Ø~~~~~s:;.j~i~f (1) all the contents thereof (Including tbe CondItions of Sale) and is In agreelllenH~~r~"itb ~itbo,~t protest; (2) be/sh~(~H~re~~~.!: for satisfying Uself as to tbe full condition of tbe property; and (3) that Seller"RI1.0tperformrepairs lifter acceptan_ce()q~i$.~Dtr!~ Purchaser(s): (Iype or print names, numbers, & sign) Purchaser(s) Address: 319 Clematis Stre,¡;t Suite 409 ¡.J(M1:;-Pallr.BBaehh FA;-a-34 ~.P-cU · , r'" ~ .co. , -4D.2..-E59 -1.2..01._ _ _.... _.:r 2. 1'.r sign) 0..,.. C mac Accepted by HUe _ ~..,;~-/4 ".._I S"-IO-4""" Cert Icatlon-of roker: e undersigned cenifies at: (I) n er he/sh¡; nllr a"yon.: authorized to a¡,;t f\lr hi"I!!;e! Ius d.:clined to ·sc.;lllh.: plOp4: desc bed herein h,ur III ßldkc it available for ills>èctiun IIr consideralion by a I'nl:>p~<;ti"e purchaser becauscufhis!I,,,, 1,¡Le;, L'lIlur, reli¡;iun, scx. fami status, national (ui¡;ill, or ,lis..bilily; (2) he/she: has bolh JlTOvid.:d and cxplai..",,1 tlllhl.: purchaser the notic" tegardi,,~ ¡is",.f BUD's ..:Iusing agent; he/she has explained fully to tho: purchaser the en lire teJ'ill:> (¡ftlle contract, includinb Condition B un Ihe reverse;; h"".;",; "wi ~4 ) he/she: i:> ill ~II/nplia with HUD's earnesl rnülh':y 1,,}lky as sc:t fUrlh on BUD I"rms 5AMS-1116 an.I.<;AMS- I 116A, S.:l1in~ Ðmk.:J"ÏniOlIlI.llhliò ""J Cerlifi":alilln, wl.ich sbe has executed alld /ïlcd with S,;l1er. -~ _. -..---- - So--. """- ..... .- ";';;;,¡:-P¡;¡,Às ,.¡;.;..;;¡¡¡¡-.,;¡;;, zii,c..~ }....,ôs" ~ ¡;,..,..'W '0 NÓ.-";,¡;,,, ;;;.-.., ! ~Þ.,.~:ò SL-NA Number: \0 010 Ò)ScOv-n;' Q..\y~~Ò'1 --- ----. ---------- 6r.:;k&r's PhcI1e No: \'C"\C\\X1.Ò . V\o ~e yo Ò"~o.J(\ IgnalureolBroker. o...\\C~~d._· ___ X____ _ __.__ ______ ___ ____..____, ~-----_.__. Type or print the nama éIl\d phone number of sales person: ,......... o. HUD .... o~iÿ:-.._ no"" 01, - r' '- ...- .... cceptance 8 Ba.~I'-Up Nt¡. - ~ ~u-q~ Rejection R~turn Earnest Money Q~osjl ~_ _ ~ Previous ~illons at.. uL""i la Copy 1: To HUD local off;';e; urco :;proval, HUD will return r6f HanduQul. ~:, I u :, torm HUO-954a (3 .. IilgoeoJ Copy 1 to Br..I..' or d. very to Purch.., - .. ..." C'JlI\:lIh.¡,;" .,1 ." ' l\. .\ U .._;~.", ,'._t'. .n ~ I' to, !!llot' Hu)'l."'~: ..:lIh;ulll~;".,:,·.'H:. ..I:'; \\ hl,..J. ,u I.: b~ l,t .1I,,¡B'o.d hJ .;'" ''':.hi 1: ,hi.. \ . ."iJ. '. ,it u'iHh,' \t. iÜ¡ ~t ...:U. II. II ~llidu 'n·;IÏI.IÌ.I.: I... t.;,' ...,... ç'¡ti¡UIl[ Îllldo.;:.Î .... 1',-,/:..;1\ 11.1 dJ'¡lin: fUf il:; E,;U.:¡'ill h~li;,;ïl. pay.n~/lI. I..:'.,;,. ,.... .u...1 ~,..tl"l\l. ,;.,1, &I.IH': :~t,dli jh: ,H"4¡fil(-.;d ii" I. .....,U·~.:li~I,'J...:1 \\·~i..ulll.'; Ha,,1 h" ,',~i ",I'll I': ;t,:!":u,,:y has h,-',,:,u lv'ht1hIVc.:d IIi' lilt': dllSillg .LoI, . (,' ":I;¡ju.'d I,' : . ,Ij.·j I 1 'I ..' 1 'III, II.i··. ',I ,..Ii... \ "111\1\ all ;lgl,CIIl.:1I1 01 II. Seller ma,,~ IHI n:pn:~t.:utatiouo or \\'al'ranrits cClJìctrning tht u.¡d~.~:tdU'¡fll¿' Idt ~~.. ./il;;"l~):- \\,.. I) t ~"..~\.~. bruti..'lap.. . ~.. ;. ,..I· condition uf the prCll1crty, including hut not limited to me· .ìu~:' ¡,I I. .". \. .' .. l,d,1;'; ....I·I~i 1..( . "'1,1.. ,..." II! 11.'1"1 1..1.' ...1;111 da..nicatl system~. ,t,')' basemeut~ fnunduiion, strunural, or t ¡. "I ; ,,:.! . I ¡I' Ii ~ I'-".¡ "'::' IH. ì~' ,h".\." t~. 1\,\ 1/1.'1',1".11;, .., \'". q.1 ~Impliatlce with ctl,le, z()~lin~ ur bllilding ret,uiremcnts and .. I'.·~'·_ ."J. " ,~. I ~ ih. , . _I L,~ .,. t, ; , .' .l.,liul. ,jl d¡l:"I ".II",UI~,· ",'"will make no rc(air:. to the pl'f.)perty ~Iftèr t::'l:cutiun oHbis , Sdk, ..;1.,111 1t;1\\.III.. 01,,101 I', ,....,..1 "" ' ...111,1, I Wlilllllilll"Lillt) -¿-.,', .~-' .' . Of h. ,t; d..~"'....-,,\ i.~ Ii f.,. ,p~ìl' III ;h],lill.lI, I' iI,.: ~u~ contract! Iturdw~i:r understands tbat reganJless of wbether '.11, i. .,., . ,.. I:;¡} ¡:,t~~'prc:¡pertJ' i~ I,dug tinanccti with ~n.FHA-insured m~lrt." l~~iUl,;.,-t is¡i\:,,; t.. l "hl."..i.. ....... '., It.., II. Ii uli,dUUI_lf.\,u..:11 \ HìtdltkS- ~~. gage. Seller dUCI> IIlIt guarantee or\yarrant all..t the pn1pcrty ..H ,u pt '·\',ht,,¡:.; " j I ,t I.: ~ I~: . -. "I \ °tl; ;..: ' J.I it·\.. ¡~,~, is free uf \ ¡sible or Ii ÎtJt!enstrllctuf1tl defects, t enn he daml'ge, I. I'll' ,.It...;,,,,, óll..1 :..,\1_. .1,:1-." lIi..1 1;': .;¡¡(Ia" ;,11;111111: ¡lill,liB).! ~~:"~d~based IJaint, IIf :111) htller cundition that mil' render the 1II','lItll,illl"'" .11\.; It~·i,...\.,,:. 1,1· I I' 1I..11J:.II',\'''' s, ~1J.:n::.:·or:,> 6i:. property uninhabitable orotberwise unusable. Purchaser .j. 'I,;:'>¡~I.,. h'll ,,, a:';'.I}!H.11 k ("II; I'.,' , . II i, II (', )~.I:I" ,,111,,' Selkr. ~-âcknoWledges respnn:¡ibility för täkiògsucb ilcti(n as it he·', k. I" ¡III~ plOp-:lly \\';1:, (..11.1111. \ .1 I'"'" I., Ilr¡~, :;.:1/.-; 11.1" ill' ~ lieves' necessary t,) satisfy itself that the prll\erty is in a ,"1,.;",...1 I, ,...\. 11'.1 I" ,: I,"'" : ,\,( I.i, . I-I,·t¡." das,..t<'I,JII;'.:,(·,I)jIl¡!. "". ' cuodhion ¡n:ccptilble 'I) it, oflaws, regulations <lnd urdinances ,llil'l'illf. I(:l:Ii..c: .11 1"'",,, ". ~ll'; lie¡ JltI illlcl ¡III ;\IId " \1<'1 i"l ..rreeting the PTlIJ>Crty, aDd a~rees ta accept the prupcl·ty in ;,...1,.. .;;d. :....11. I ':, 111'1"" H..II 1"11,,,) ;"J ddc.:livl'. paill( "It I 1;11;'"'' the condition t,Jsti'lgcmtbtd:at~ Clrtbis contract., .... ,. ... il.l.I·..:div'~I',Iil,1 :.Ii¡t',kC" 'H" ,...",,1 >,11.:111;1.'; II0000al,;,I"1 will e- If I i.,..... ji'~' i, ...., ,\ ..\ in Ihi.. Ií:llb-¡; Ii. ,,1 111.11' ii 'lIll 11:.';.:. , a, ., ~ .".11 .!...lcl·li,,, "lit 1.I.l:. ¡..;. 1I¡;..,.IlI pres,:. ¡I..:\I \1. ¡IlII) ", It, ,II....: )",.,1.: ¡" ': "..¡'I "'Iii III pí'lIl'í\k d.ki.... 1.(.\11"" 11,.jl I'¡ 1"1 II., (¡,:.i,'g, "u"ch¡:o~r IIlIùcl~allùs a.ud n~n~ts 'hatt!at ..aliIlÈ ,11;11)'1"1" i \..'" ;>'pli"alillli ',~;;sl\la,k III ¡'" ../ ¡,¡iI, ,.111.111 Seller's inspection und/or trcmmcnt is IIlIt intended 'to, uord(.le.o, 1111: olkll.la. d.. \ .,.1 II,,. .1:11'.: 1111'" 'IIIII,;H 'I "'.... ;". \ ,pl,~d It·,' II \J I I. ie guarantee (lr warr-dnt thut alllc.ld.bused l~aint¡~faUpo~~~ ¡¡ml/.\[ Ihcll'.oIl< I ..¡II.....i,.· III pllt (¡.¡'(II gllild l:Iilh l'Iïllrls 10 ',Iial lead-based paint ha~u;'ds hitvt heeD ~Un1inât#êI.'rrnna îÞ~ Ild.tlh:ilt!,!.., ~;dh:r shall 1Ia,,' '\H: \ll'lillll III' . ." . .::.' .:..' .(.-....:.-.-.;:-....-..-,..."'...:-\.-:. """'--""':'~'" oblain 1I,~l c:' .(1 'property. Pill, h;t~~r ad.llllw\'-',I)!\·" Ihil' hl.:/:-;hl'/it has 1'('¡:Ówd I~...."· ".,liu;, 11.1'· "Id. ,t. r ,ItIlÎ fl ¡:I; I H II~' ::11 ';, ,. ",..III'U 1,1 .1 \ ilt''. "'·;1 I'..¡)\ .. hil I, .t I.. " ¡I. ( .111 11;";,·,, palll! 11,11:'101 l'tU"I,:t.""l'," \.',"11" I 11..1.1..,)' dir.;th/:iJl. ...1\1 II",. :.I¡':III:.I. "" \)j i..:II...: d,,: ¡;IÌ,: \)1' 1111.'\ (nlllra.:!, !Ill' D. ~..:!I..:. lIIoL) ...;:.. I...i d.I,. ...dItUa'i alUll,:luftl all "I a ¡¡¡'linn iiI' ...111.:111111111, L..:."I-\);I,;...d 1',11\11 11-::.111. I I a t.an) - I'fOlh.;fly l'o- i)\ULtut~":l \: ,~ :Ltl' ¡,.oI.I'~j' d..:p():<íi ulI.kl III.: ¡.,iiolWlII!! (olllli· "'Iii, I~d I', i,ll' 11\ I') 7¡;. (Jur,k'.,';1 1111.'.: ¡;;!lltls Ihallh.: Add':lIdlllll ti,.ü ì"oI'\ t..: "i;!IICdh\' ;.111·....:1".,...:- :...,1 1,,1 '..'..nkd loSdk.'It;j¡ tllis 1 "). Ii..f 11.,' I. .;¡:i... III' I,,-II..'I',. It. .'h\ll\\ I ( ·'IHU~t\..·t.~· :.'.lli~·I. ,d. 1..iÍ jl; ~ .d\h}J'II;UH \,.' \" lIb I1h~~;\'~ '. '.. II.' , , itd."," . ...i :1\'ll~!ohllld..I\",: \.11"\":;" ~do)I\"'¡"Uh· "'I,,'-:[III_"" \'. dl ¡¡ail 1,;_, ," '''I''' .11, ';,11.-1'. III. ¡.n:.; Ii- ." Id ' I '1111 ,'II..,li\.: d.ll" ..1 (h¡~ ,:.IIIH.h I II,,: <I,ll<: II i~ ;1..1,,'1'11:.\ 'I 'L IIL:r d.'t. ¡dill,. Iklll J'\lt\..h;.:,~:, t·, B>I\ ah ""~·IJl.tl¡Jl" "Jill I ,:\;~,¡;,.¡ 1>.1' dlc' ,'i,-Ilet, ", \' l'.·. hI. II Ilk ..111..1.111 :,1:,1.:,11,\ Ii .... ',~".:,.'¡ ... II/,d OIlId 1.1'1'1.01111/1:1111 illg "I ~~tld... I _Ii- d,,' ..í~·~", .~ ..\.111 , \;:;\ ,,' ti,l' S,·II.;¡ I. ,Ii, ;11 ..11,) all ..,,,I....' . h..;;":' ... .:-1:.'11<11.' ',', ~.: ,11,,11 .1111 h~ p;¡j¡ by ~dl¡;¡ afl(l ,:L,i'il." r1¡i>i,,~ {"o}" do: ~ l~~'tI. :.\;·(hdt. II\.! , (,\1\ I,,·, \1',."\ hy 1'11\: 1...:-.(', I.. ¡¡,/lu',: :!lIIIIIHIIIS) lJUl' Sdkr. E. l·ur...t!~i.n·1 Jiill; 11._t I.~ .hrliH ILP'lU."; hnt' 'aL\: r'I..,~~,Sítì" ..,1' ¡ill: j' ì. :-:.-11..'·. p..lil ¡" ; altd 1"''11111,'\11.'101, .IÍ, .\·;!"rd I.. ,'a"I1l~( IUIIII~Y pi "p",~j ¡~. 'HiH~ .1'.' , .. ill"" ~). i~ isl.. HI" h,I:"~' \It ddni,l~~I..· ¡', a~.'iJlIlI.:d III.'. "illilL~ 1',..I.:illlfC 111':1.:(11) 0:);1:'1111111:-; II/III/Il' in ",/li.)1 hi by ~idk, 111111\ "ok I" dl):'>I.:..i. \11111.:.:;:: 1"il,I,,(:,>':1 l;tlo....:S P"SS':SSiIlJl ,II>S,' 11.,' s;lk. h,ld"II1 (llkro; alld ..III'·lahil' /1I"!lICill!' ;llId!1I1' II/tl,,: 1"1"1''-' \ ,., I'" II.. I'. 1\1, HI ,'. hil.(,I,·~t·,,: :"td. L",. .:..111 ;11'l'ly \ i'¡o.l1lt \·p~.'~.¡\r\.ah.;t~llt..·,ll1i tU..lJu,ïiõ III ',,;Iwd III :,dlilli' hr, 11-.l'1..., II II,,' l'j"""I> i, .1....,,'.,;,.<1 PliO. I" 111<'; ,bl,: ..I ,,11\:,111,: Sdkr \.:11.:111".1..,,; Ihl ¡i'I'I.:"(';,1101;11. ,II ,1I"I.."le,·" tkllllH l'I"lh'lIy ù.:~\:i\;..:.:,d''''·I,:.iH 1~1".,.~.¡¡I~..h. all'~"""ul&'t\;L 1,;'ld\.!4.'! t1t¡,,;~anH.:~~ II IU\I1 ,,;:' :.It<dl .....!,..l ., 1;',1 Ù. '111 .'11)' 1 I¡,jws ,II ".,,'~ If\llll ,hi" \, ¡II. ili III" 1111111" h,: di)-!ihk ¡"I I II,' I IIA ilt'uled Illo/ll;,!.lf!l· 111i:llk ',I~ ,,;!~;\I.lk:,. 01 ih ,,11,,1111;,\1.1, Ii,,: 1l'I'.Iir·; whil II 111;1)' hI' II ~Ut:'~t"" (i, JI1_ lIIa:k: . r- 1111.1" 1'1"1":'" I I":"'t', ,¡lk..:.1 "itJI ¡/IIi ).'1;1 P,. ii, \llúì 1.\Ollga~,: I' \YAlti',ll'oC: S..:.-li"II.1II1 II "f I id. I ~(. US( '.. .., kP;lIlIlt"111 pi lïHi\ll<' ill:,! ;1,';liL.I'" :,.,11..:;":, ,,,:,:cl'l;W,¡; ..1' II,i..; .'..illI ad ':'1I1I:i\Í· Iii I,';, ;1t,.'I'W,i"", ..i I" "I' I...:. "¡Jldilillih:,IIIIII)III·,¡r.·ha~,:1' !I"ilt;! IIIUI,.illg all,1 \)111;111 [k\d(llll"...~ ;".,( h·,.·rallloll'¡II!' 01,'1.'11111 III. oJ I,. ;'.. II; I ..1 J II .. ,.' ì :11.1. ,,':,,:11 ¡;- I II I ' Ii I , '., · I:. .. I,) III. ;\11 t\dll.ilii,:lralillli ¡\,\lI','I,tidll';'" I';" ¡,L '" ·'\VliI)"'·"1. III, III,: (!'·\.l'pt"t.k ¡h"oil' :, .Iud ¡'w¡i,,'r è"llililill¡¡.:d 1I1"11t Sdkr's all- I'IIIJ¡)S'~ "I ... 11i111l"Ii.,itlf: ilt ;111 . ,I, ili.· ;Illi. ," cJ .'It. h Ih.'llly It, i""li'~ "i. .,.¡ga¿:,' ;11 tll": ,in... Ih.; :...k ¡'., \1,:,1,;11. 1ì.,uUIII"!11 ... II¡;¡..¡;:-;. 1';"':'''.., loll. I.'. III >llhll:,II":.";¡".I :.1.1"'- , . IlIl'lI\. blllwillg Ii,,, ,,0H1I\.; I.. hl: III:". .., :.l1all 11..: lilled 1101 IIIII'~ ( ì. !'Ufo/la..., .",.... /.,i.,', tli:1I ';.:11·:.', 11:,li..:! I'"'' ,; ~.. Ikl '., ,~,¡i- I¡;III ".'i.O'II) III' il"p,.;,,,I....II.., ....,.' ill.'" 1\':11 v<,al'\. III 1<11\11." '";tlc..~ ,;J ....IUJ. ht i.lii ¡.'dl\.,,1 ~ .dul.:. (.!. I hi:- l(lBi¡1l'1 l'Il\lIairh ¡I\.: ¡1Ii.tI ;111.1 <.IIlIi.· a!!IÙ~II,,;1 II<;I,,-,YII I!. Nil 1II1.:tllh<.:r..1 IH 1:..;kl'al~ III ('ongress or I~," ¡dc.:1I1 C'"mlllis- I'm,ha:;l'.r alld Sdkr ;111.1 ¡hey "I:.tll illl' Ii,' J¡olllld by ali) ""IIS. '\1111.:1' sh.dl h... .Idlliil;.:d III allY ~hill.:nr péllloï Ihl, l'(llIh.\I.I.Jr In ..IIII.Ji¡ioIlS. "lal<.·III,,:III'. iiI 1<'1'1 "';I'oI:'lli; "'S. ",;11 III' WI itllll 11.\1 ¡1I.y h<.: lIelï I Ih,., II( ;" ..ris., ¡1".:rdrl)lIl. hlllll1i~ 1fll"isioll ,'hall 111)\ ,,]jil:lim'¡) ill llii:, l'lIlIlnh'l. .- .---- -.-....- ---.------ ("t I ¡..f .JI!I.! II'. I.; I ,j ~-: form IIUD·¡¡~·18 j3.94) .. . , Housing ¡¡nd Urban Development Jlng '~, . lousing Commissioner Ot.~3 t.ppro'/'l1 ~,Jo, 2502-0306 (Ihp, 9130, TH'ÜD Cas" No . uT.i~&H~P"r--±HC. I ..il:>': on the terms :;ct f"rth lu::re:in, the folluwing property. as more part i..:ul arly LM2-575-6'22-.. ...._ ...ùnvr:ying the propc::rty to the Se..:retary of Housing and Urban Development: . 179~-·~h 3t'roGt Nt':' Dg]..~.i¥ Ð&i\Ch, FL (SlrlHtlnumÖc.r, strellrnarne, unnnumber, ilapplicable, City,counly. 18 ) 2. Th,' S~r.::talY uf lIuu:;ih¡; and Urban Dcvelopmcnt (S.::I!er) agrees to sell the property at the pri..:e and limns s.:t flJlllÎhcrdn, and to prepare a u' containing Ia..:uvenant wltÏl;h warrantli against the: acts of the Seller and ~µ-EIaiming by. through ur under him. Tille willl>c taken in (he following name(s) and lityle: ~;f ~ rit-y "" n~tT'~V ~p;:¡t""h 3. The agreed pun;hase price of the property is ..............................,........~............,....................,.......................,.. ~ 3.$ l11,?on PurchlLlier has paid S ,Ø" . as earnest money to be applied on the purchase price, and agrees \0°/0 d ,~{ Q¡,: to pay the balaßl;e uf the: purchase price, pluli or minus prurations. at the time of closing, in cash to Seller. The: earnelòt money depoliit Ii hall be: held by a\'(~"", . I 4. 0 I)urchalòcr is applying fur tlUD/FHA insured final\l;ing with a cash down payme:nl of $ \ ("C due: at c10liing and the balance secured by a mortgage in the amount of $ ~ aUNt,.. ~" fur munths (does not include HUD/FHA Mortgage Insurance Premium). Ç).\\C)v)~ð o Said mortgage involves a repair escrow amounting to ......................................................................... ~ 4. $ . Q Purchaseris >aY~lg cash or applying for conventional or other financing not involving HUDIFHA. .>. S. $"ellcrwill pay rcasllnabk and cUlitomary custs, but nut lIIure than actual cosls, nur mure than paid by a typii:at Sc.:Ikr in the uca, of oblaining financing and/or closing (eJlcluding broker's comm ission) in an amounl not to eJlceed ~ 5.$ 0 6. Upon sales clolòillg, Selkr agrcelò to pay to lite broker idenlified below a cornmisliion (índuding 7. ;;:~::t~;~:~~~~:;:I~.:~~:~~:~~~~·~·~;;~~:¡;~~·~:'¡~~~i';~'~'~·~~~;~::~·;~~;:·¡~·~~·i';~...~~·~·~~~~;:::::::::::::::::: I ~: ~ ~. 8 Pu h . B ( '11 I . .. d ) 4 ':I , n . rc aser IS: owner-occupant WI occupy Ills property as pnmary r(;SI ence I illvcstor G nonprofit orgunil.ation 0 public huusing agency 0 uther guvernmcnt agency, 9. Time is of thc esseni:C as to dosing. The sale shall close nut later than 60 days frum Sdlel's ai:i:eplan..:c uf contrae!. Closing shalll>e held al uffice of Seller's designated clusing agent or a ilådee desigt1cSted by ~IUD 10. If Sc/le:rdoes nut u..:ccpllhis offer, Seller 0 may 0 may not hold suc~ offer as a back-up 10 accepled offer. J J. Lud blLliCú paint addcnJum 0 is 0 is not attached; Other addendum 0 is 0 is not attached heretu and lIIuLle pari of this contract. 12. Sbould Purchaser refuse or ot~erwise fail to peñonn in accordance with this contract, ~cluding the time limi åÍion~ Sell~r.1IÌa1, Sdler'ssole option, retaiDaU ora portion orthe deposit as liquidated damages. The Seller r~erves the right to a y eeªrD~t1Doíl( orany portion thereof, toaDY sums which m~y be owed by the Purchaser to the Seller for renL Purctlaser(s) Initial . Seue¡"s InltÌalS:~ " ,. -;.. ." :'- .. . :;...... .:-......;.;: 13. This~()nlri...;1 j:>:>ubjccl h'llIc C'lIIdition:>ufSllleon th,; Icverse hcreuf, which are incurporatco.l herein and muo.Ie: part <lflhi. -- - Certification of Purchaser: Tbe un~erslgned certifies that In Ilfftxing hislber/ltssl.~atµre t~ tb~ C:O'~tracthe/shellt~~~~~~~n.~:,(:;~, (1) alllhe conlents thereof (Iacluding tbe Coadiilol1s of Sale)!lnd Is In agreelpentlb~rewlth "'tb~ul p~tesl; (2) he/shelft.~ te.pc)l.sl~l!i for salllifylng Itself Its to the full condlUoa of tbe property; and (3) ttaat SeUer will no~ perfo.,prépalrsaher IÌcceptanë,~'#fOJi~có,nt~f~ . "- .." ", PUI.::haser(s); (Iyp nl a~ numbers, & sign) Purchaser(s) Address; 319 ¢i:àmatis Street Suite409 Ohn C~øbått, president/C.E.O ~a-im-'Beach Di:,~~Ps;Lgned Conn , Tax IDn 59-2704597 -e-:1-6-59~O 1 - &1111'(; Secretary of Housing and Urban Development By: (Iype name & litle, & SIgn) Ui.diJ Conlracr AccePled by HUr X les.o r ~ Af)CI-/ S·2~/.".,::s ~ Certlflca 0 B ker: The u ersigned certifies Ih..t: (1) neither he/she nor anyone aUlhorized to act for him/hcr hali declined 10 s.::1I the propt described herein II Ir t.1 mak,; it available for inspection or consideration by a pruspeclivc purchaser becaulie uf hili/lI.:r rac;" ~lIlur. religiun, sex. fam i status, natiun' rigin, or Jisabilily; (2) he/she has both provided and explaincd to thl; purchaser thc nùtice regardjll,: Ulie of HUD's clusing agent; he/she bas explained fully to the purcbalicr Ihe entire terms of the contr'ct, including Cunditiun B on the reverse hen;of; unJ (4) heMIc ili in ~ornplia with HUL>'s earne!>t mmu.:y policy as set forth on HU D forms SAMS-lJ J 6 and SAMS-1116A. Selling BrukerInfol'lnatiun anú Cerlification, which she has executed and filed with Seller. i Broke"s Bu5lness Name & AtJdre~s; (lor IRS reporting) (include Zip Code) Broker's SSN or Employer ID No. (include hypnens) SAMS SL-NA Numbel: ! . " , I .; ----- .- Slgnalure 01 Broker: BrOker's Phone No; . )( Type Of print the name alld phone number of sales person: I I Thla .ectlon for tlUD use only. Broker notified of: AUlhoriZing Signature & Date: Ac eptance n Back-Up No. . _ _ ._._ _____._, £~fc,r itjecliun G~~:IUi:~ Earnest Money Deposit X Previowi8fJiUons ah. oL..vI¡,¡" Copy 1: To HUD local office; u on pr I, - ref, Handbook 4310 5 form HUD-9548 (3 signed Copy 1 to Broker or de very to Purchaser . _.. ._.- -, -- ..... _. ''''n . _. ._,.._ _____._ .__ CUI'llil ÌI II 1;) Iii .1.. A. Ali ;¡.~~:l ....'1.. :., ... ,.." lilt-' ill'IJ;'u\ LIII¡;III ¡¡:;~.¡ ':::·;.....111., whidl af~ I,.: (;1111;.1. I¡~J " l:.\ II a:'¡ ... Iii"" , . :..'." '" ""hI.: \..' III/ ¡, '1'1''''1 :,Ii, ¡II a\.¡¡J;,J·,I~ I..¡ i··I. L.. ,II ··dll,I'lIt i¡j:·I,·...' 0' jkJ¡,ati. for ¿¡"V;w,',,: I.... il.': t..llcr;.. i",nd pal"':¡'I.! I;'" ',,; .¡'..I ~·....'I"ll&:1I1. i¡',,¡,,', ,.illlll.,;pr..r;ll.:d ;j:, L I"".d';h,:r \'."¡lIï¡lh III¡IIII.. pc, '" .: .'1,:') /,;h ¡,.:¡¡ "il,,'¡,,\'clI ()r II,,: dO:'Ii,. ,i. " or fl~I;j,." hi :'<ili;:il III' ~.,:U" 'i.' . ':'1 a.,1 UI'''¡ ¡III aµ, ,,;,IICIII OJ n.. St!lIcrm¡¡ke~;lhl/'t'J!·csl'ntHtionsorwarr'lI1tiescuJJcerningthe ";lIk¡:.I,'uolíll[' ......;I....j'i¡I!¡:..,; ¡" i' ,..Ii.;'" Iildl..'/'a),." "..cnll- condÌliulI III !I'l' I~';/1crIJ, includin~ hut nOllimi'ed to me- ,,:,:"01 .. ...",.. ,.'Ii,!' J,...: Ii ¡ ,.,,: :,O;.^" ¡"'d;1 Jd. ,',Ld, eh¡ulk;.1 \\'.,1\'"",;, Iii') Ila~.clßellt. flJUlld:ltilill, ~1I'uctllró!l, UI" 1,.,,1/';.1 ";."1",, .' 1.01 ,:, ,It ". ." ... "I.. '. ¡,:. II" 1'111. II:. 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'Ii" ..,ar, " wr; 11"11, lIe'l "ILh;I"'.1I ,..11 ,101:, .,"'.'\,.i..., I.., I"" .Ilillailll'¡ in II¡is ,'4111 I&;" \ - --- "" Ii1l1úï:;,O/t'4:~'lÒ:j :. - . form HUO-9548 (31941 111 R II II I~I I I II :zrl t1Illl { II I I I II II IVlI I 1 I II II I I I 5T, - S.E. ==1 - n I 3: (/'\ - ;: i-- - iii -- c z MERITT - - <'I PARK - - - - . ,..-- ¡J ¡J P-'! VI '-- _vi ui --- - - ~ I I - r- .... I--- ST. --:¡ E 4TH '- 10- - - ~IIIIITI ~ I- - - ~ I- - - I- - - 9 []ill]] ~ I- - ~ - -. II:: s'E. 51H ST. CITY OF DE1RA r B£A a-t c.S OJ]] '- - III .-- - PUBLIC WORKS roO: COl4PL£X I OJ]] IT: w :J Z- - s. 61H ~ S.W. 61H 5lR. « ~ ~ WA TER ~ ~ 7R£A TlÆNT « - « « PUNT c II z N ~ ~ c;.w. 7TH ST. .F. « I 3i vi - r. - - CURRIE c 0 z ~ t-- COIAMONS N 1'1 t--- ~ t--- :;{ f--- S.E, A c ITIIID z N ¡; S.W. 8TH CT. r-- ~ ..,. 3i '--- ri - « ~=, I II I II I- w VI _VI iii ST. W - iii t- II ~ -- ~ 9 .~ - f-- ~ - I--- C. c '---- - I--- ~ ~ - I--- r-- - I--- :i ;1i'-- I I - I--- iii vi t--- I--- I-- ~ N - 608 s. SWINTON AVENUE ~ DEPM1IIÐO' Q1Y t1F ŒUtAY 8EACH, R. - D/fJITAI. acsc IIAP srs7ÐI -- .. , . (ô) /~~ '^' -~ ~ ~ (ô) ~ , ~Æ ~ 1 ~ .... ?? ~ .)ÃfY ~ .-' ~ ~ - .... ~ I tf'.? ¡; ~ ~~~~ "-'LlAN~~~ - [ANE ~ 9> 0 @ --.;¡. (Q) ~ ::::: ~ " ~ .-.. ~ ~~ COUNTRY IAANORS ROAD J L ~ ( """"-.~ 0 '1! [.OO~:§) F. 0 ,#8100 7) @ r CN¡¡¡¡NAi'D D " \ --.J I tl! I j ~ - lJ\N~ @\\ 1.p.~......-... I:~ ~ .:fJ/ 0 ~ LANE ~ a::: ~ - <IV Ii - ~ t,g) - LAKE IDA ROAD \ I I ~ITIIIIID ~ \ I -f - "', N.W. 6TH ~ CT. ~ ~ "'-1I.w. 81H cf'I/ "- == ~ I I I I ~ I <~ =~ ~ : = I I ~ .~ ~ - ~ - \ I :i t--J: - f- = I....-- -I-- r N.W. 6TH ST. / _ ~ ~ - ¡; F f- - 1 1 L1 I-- If) If) = '--- J . ~ ,...-- .¡- '<t f- - S. . - <{ ,I--¡.-- I- _____ f- / 3: ,. "-ft'. 5TH "T: L ~ .J. Z - r-- ~ ~ l- f ~ ( Z Z I- "-:tiiii . \ I N.' 3Ii >- r rft ~'H ,1...1 ,"I ì 7':1 ~ = >-:r--Ju I I I 5:~ ~v \ , a::: _ ~ - '""' ~ f{Er - N.W. 4lH sr. ~ : I ~ ;- ~ ~ <{- ~- - ~ c., N. " 'RO ~ CT. l V ~ Š ~~ I- ~ ,~ ~ N - 4795 N.W. 6TH STREET PLAHNlNC D£PAIt1WUIT C"IY OF DEUlAV 1KAOf. F1. -- DlOIrAl BASE IIAP SYSTaI -- OK RECEIVED ~ JUN 2 3 1995 [IT' OF DELAA' BEA[H CITY MA~' ~~~'(' n¡:FICE CITY ATTORNEY'S OFFICE 300 W A TL/\1'TIC A VE~UE' DELRA Y BEACH, FLORIDA 33+44 TELEPHONE 4U7/24.',7K23· FACS[\1J[E 407/243-7816 POLICE LEGAL ADVISOR MEMORANDUM TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: June 22, 1995 SUBJECT: TAVIS AGREEMENT -------------------------------------------------------------- -------------------------------------------------------------- Enclosed for your review are two (2) copies of an agreement with the County Tax Collector to put our City on line with the "Tavis" network. By hooking up with this system, we will be able to access information instantly on vehicle owners. In this way we will be able to increase our collection of delinquent traffic tickets by contacting the violators more quickly and taking enforcement action more quickly if they refuse to pay. The cost for the program is $50.00 per year, Also, our liability will not increase since the system is completely automated. Also included for your information is all the back-up material about the system, Additionally, the City presently uses the system in our Code Enforcement Division for abandoned vehicles which they state has been quite successful. If you agree to have the agreement signed, please place the agreement on the Consent Agenda and have the Mayor execute both copies and return to me. t will then send both copies to the Tax Collector and have one original returned to us for our records. g./n. . , Subject: Tavis Agreement June 22, 1995 Page 2 Please feel free to contact myself or Tina Lunsford if you desire further information on this system. EDH:lbg ~H/ xc: Susan Ruby, City Attorney Tina Lunsford, System Manager Enclosures . J obn JK. €lark, ~ax €olltttor Palm Beach County Governmental Center Post Office Box S715 SOl North Olive Avenue. 3rd Floor West Palm Beach. Florida 33402-37J '5 West Palm Beach, Florida (407) 355-2264 CONTRACT FOR ACCESS TO TAVIS This contract is made between the Palm Beach County Tax Collector, herein referred to as Tax Collector, and CITY OF DELRAY BEACH , herein after referred to as Business. WHEREAS. the Tax Collector has installed a Telephone Activated Vehicle Information System, which allows direct access to the Florida Department of Highway Safety and Motor Vehicles FRVIS system, to participating dealers, companies and businesses on the conditions and terms set forth in this contract. NOW THEREFORE, the parties agree to the following: 1) The Tax Colleçtor and the Business agree to adhere to the policies, procedures, operating instruçtions and applicable laws, or regulations issued by the Florida Department of Highway Safety and Motor Vehicles with regard to FRVIS access. 2 ) The Tax Collector will provide an access code to the Business which will be used to access the system. 3) The Business acknowledges and agrees that the use of the access code assigned to it and its personnel is confidential and is restricted to the use of the Business ~nd its designated employees, and further agree to apply safeguards to maintain confidentiality to the access code so assigned. The Tax Collector will receive a report detailing all inquires made to fulfill statutory requirements. 4 ) The Business agrees to notify the Tax Collector within three (3) working days, in writing·, of the termination of any of its employees who have been privileged to the access code or of any misuse or unauthorized use of the access code. Failure to comply with this provision will result in the termination of this contract and the cancellation of all codes. 5 ) Any violation of the Florida Statutes Chapter 319 and 320 by the Business shall be a violation of the conditions of the contract. 6 ) The Tax Collector will not be liable in the event access to the FRVIS is not available due to inoperability, failure of equipment, or misuse of the access code by the Business, or for any other cause. 7) The annual fee is nonrefundable. The fee will be for 12 months from date of initiation. 8) The application for access to the system (PBCTC Form ) , is attached and shall be a part of this contract. 9) This contract may be terminated by the Tax Collector at the discretion of the Tax Collector. . , . CONTRACT FOR ACCESS TO TAVIS page 2 IN WITNESS WHEREFORE, the Tax Collector and have caused this Contract to be acknowledged and executed this day of , 199 . WITNESSES JOHN K. CLARK, TAX COLLECTOR PALM BEACH COUNTY Witness to Tax Collector's Signature Attest: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Thomas E. Lynch Approved as to form and Legal Sufficiency: City Attorney - Delray Beach . . - . '. . '.LM dEACH COUNTY' ¡ TELEPHONE ACTIVATED VEHICLE INFO~~~TION SYSTEM Business Name Telephone Number Fax Number Street Address City State Zip signature of Officer/Owner Printed Name Title/Position Dealer License Number(if applicable) P . B . Co. Occupational Lie. Number Authorized Personnel (Please Print or Type) 1. 2. 3. 4. - 5. 6. My signature, above, acknowledges the following fee for this service. WITHIN PALM BEACH COUNTY $50 Annual Fee Up to 3 Personal ID Numbers $15 Annual Fee Each addi tional Personal' ID Number No Charge · Deleting a PIN or substitution No Charge .. For Fax information · Workload experience may require a charge after the firs·t, year. .. We may have to impose a charge for long distance users after a three month evaluation. Long distance users shoùld request Fax only when absolutely necessary. OUTSIDE PALM BEACH COUNTY $100 Annual Fee Up to 3 Personal ID Numbers $ 20 Annual Fee Each Additional Personal ID Number $ 10 Deleting a PIN or substitution No Charge. For Fax information . We may have to impose a charge for long distance users after a three month evaluation. Long distance users should request Fax only when absolutely necessary. Send notice of changes and, if applicable, make check payable to: Tax Collector Palm Beach County P. o. Box 3715 West Palm Beach, Fl. 33402-3715 Attention: TAVIS PBCTC FORM 82 (1/24/94) . ()!{ ør [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIIv!ILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F LOR I D A b:f.Itd AI~America City MEMORANDUM , ~ III! DATE: June 23, 1995 1993 City Commission TO: FROM: David N. To1ces, Assistant City Attorn# SUBJECT: Hold Harmless Agreement with Spanish River Resort Association. Inc. The Spanish River Resort Association constructed an 8' privacy wall within an existing utility easement on their property. In order to protect the City in the event City maintenance of the utilities within the easement causes damage to the wall, the City requested the Association to execute the attached hold harmless agreement. The Association agrees to indemnify the City from any suits relating to the maintenance of the easement, and to repair the wall at their own cost. Our office recommends approval of this agreement. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Jamie McCluskie, Assistant Planner spanish.dnt ~ðn ~ 7/// /9-.5- ® Printed on Recycled Paper (J.N. '. , . .. HOLD HARMLESS AGREEMENT TIDS HOLD HARMLESS AGREEMENT, is entered into this gTll day of ~&t~a. , 1995 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and SPANISH RIVER RESORT ASSOCIATION, INC., (hereinafter referred to as "OWNER"). WIT N E SSE T H: WHEREAS, OWNER owns property located at 1111 E. Atlantic Avenue, Delray Beach, Florida, and has requested CITY to allow for the installation of and eight foot (8') privacy wall within the existing utility easement located on the west side of the parking lot~ and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the privacy wall and landscaping as a result of maintenance within the utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property legally described as follows: See Exhibit "A" 3. That OWNER is developing the property and plans to construct and eight foot (8') privacy wall on the property pursuant to the City of Delray Beach Land Development Regulations. . · 4. That CITY maintains an existing easement on the property in which the CITY maintains a two inch (2") water line. 5. OWNER acknowledges that the CITY shall assume no responsibility for the structures, improvements, materials, appurtenances or furniture which OWNER places within the easement. 6. OWNER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, .indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from maintenance of the existing utilities within the easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage to the improvements OWNER places within the easement. It is understood that any cost for replacement of landscaping or repairs to the improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage as a part of the maintenance or construction within the said easement. 7. All notice required or allowed by this Agr~ement shall be delivered in person or mailed to the party at the following address: CITY: City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 OWNER: Spanish River Resort Association, Inc. 1111 E. Atlantic Avenue Delray Beach, FL 33483 2 "' . , , IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year fIrst written above. CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Form: City Attorney River Resort ~ation, Inc. F ..~~ 7A-,..e s r:. It1I4~SHI4I.' (Print or Type Name) (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,"11: day of 2UNt , 1995 b~~ F. ~ (name of officer or agent, title of officer or agent) of ~ :4A iJ# fl()tll R~$l)e.r (name of corporation acknowledging), a ~II. (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced )d¡l (type of identification) as identification and åiè (did not) take an oath. L,~ <;?tM. ÝJ!~ , Signatùre of Notary Public- , , State of Florida Y Þ. '.I" , ':ì:"~-~ ~ if; COMMISsJOt¡ ft OC ""114 \J ~,~PlREaW.Vg.1_ ". 80NDø THAU 3 "f\# ATW.tTNt~hI ~JNC; ô . .. , . . EXIDBIT "A" DESCRIPTION The West 150 feet of the South half of Block 164 of the fractional East half (E. 1/2) of Section 16, Township 46 South, Range 43 East, in the City of Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, page 25; less the East 50 feet of the South 150 feet thereof and less the South 15 feet thereof for road right of way. Together with Lots 1, 2 and 28, Seabreeze Park, as recorded in Plat Book 4, Page 31 of the Public Records of Palm Beach County, Florida, less the North 10 feet of said Lot 28 and less the right of way for Atlantic Avenue. . .' ---.-.-- CERTIFICATE ~ (if Corporation) STATE OF FLORIDA ) ) SS ) ) I HEREBY CERTIFY that a meeting of the Board of Directors of S,."t4,SII It, ~ ~I:SI>fT If's,./, a corporation under the laws of the State of 1.6 11# held on AP/Z.IL a6 , 19!1S:... the following resolution was duly pas?ed and adopted: "RESOLVED", that ~A'" sF. "'AJt.~IIIfLL , as President of the corpora- tion, be and he is hereby authorized to execute the - Agreement dated ~",~Æ ¡» --"-oJ 19..tt::, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the· corporation and with corporate seal affixed, shall be the official act and deed of this corporation". '.- I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set m~~hand and affixed the official seal of the corporation this W day of . ::ruAl£ ,19 5JL. . ~ _. ~ ~~ ~A4,-« ( Secretary) ,llft.. , (Seal) ! , I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f/f1 SUBJECT: AGENDA ITEM i ~. O. - MEETING OF JULY 11. 1995 RESOLUTION NO. 51-95/STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY & MODIFICATION i1 TO SAID AGREEMENT DATE: JUL Y 6, 1995 This is before the Commission to approve Resolution No. 51-95 which authorizes the Mayor and the City Clerk to execute the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, and Modification #1 thereto. This is an agreement between the State of Florida, Division of Emergency Management, and the City as a participating local government. In the event of a major or catastrophic disaster, the City may either request assistance from other local governments or may provide assistance to other participating government entities. There is no direct fiscal impact to the City in approving this agreement. As noted in Chief Rehr's memorandum, if the City were to provide assistance to an impacted area, we would do so as agents of the State. As such, we would apply directly to the State for disaster assistance reimbursement rather than to FEMA. Likewise, if we were to experience a disaster and request assistance from other jurisdictions, we would be able to recoup our costs through the State's funding reimbursement mechanism. The Statewide Mutual Aid Agreement and Modification #1 thereto have been rev i ewed by the City Attorney's office and approved as to form and legal sufficiency. Recommend approval of Resolution No. 51-95. ~ an ~ ref:agmem06 f _..,_...... ,-- __~ ___ ...-.... __. ...._ '". ~._"'_ ..._.~_~._.".'.._.__._~<_.,.....____....__.,__._.+.__._..-..,,_._. ·____·.·.K,~-··__._,_· _,.~_.._.~.. _,.._._____~ ~._ ----~._... -~--'-"..._._-_......'--_....... RESOLUTION NO. 51-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY, AND ! MODIFICATION #1 TO SAID AGREEMENT. WHEREAS, the State Emergency Management Act, Chapter 252 Florida Statutes, authorizes the State and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in the case of emergencies too extensive to be dealt with unassisted; and I WHEREAS, Chapter 252 Florida Statutes, sets forth details concerning powers, duties, rights, privileges, and immunities of political subdivisions of the State rendering outside aid; and WHEREAS, the Florida Division of Emergency Management has promulgated a Statewide Mutual Aid Agreement for Catastrohpic Disaster Response and Recovery, together with Modification #1 thereto; and WHEREAS, political subdivisions of the State of Florida may become a party to this agreement by execution of the agreement; and WHEREAS, each political subdivision of the State of Florida which becomes a signatory to the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery is considered to be a participating government for purposes of the agreement; and WHEREAS, in response to any request for mutual aid assistance from the requesting party, all participating governments shall render assistance to the extent personnel, equipment, and resources are available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor and the City Clerk are hereby authorized to execute the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery I and Modification # 1 to said Agreement, copies of which are attached hereto. PASSED AND ADOPTED in regular session on this the 11th day of July, 1995. ~~ / MAY ATTEST: tJ.b.Ñm <flJ¿ I}. if¡ I $f111 tlíAy ity Cle RECEIVED [ITY DF DELRAY BEA[H JUN 2 3 1995 FIRE DEPARTMENT CITY M:~~I' "-.""~ f'tJ:"FICE ::;tc;, ,IIiG DElp;,y Dt:':,CH . GULF STREAM . HIGH LA NO BEACH DELRA Y BEACH f 1 0 . I D A ~MEMORANDUM '11It TO: DAVID T. HARDEN, CITY MANAGER 1993 FROM: ROBERT B. REHR, FIRE CHIEF DATE: JUNE 22, 1995 SUBJECT: STATEWIDE MUTUAL AID AGREEMENT Attached is the Statewide Mutual Aid Agreement for Catostrophic Response and Recovery, and Modification #1 to the Statewide Mutual Aid Agreement. This statewide mutual aid agreement developed and distributed by the State, is singular and all encompassing, and will supercede all previous agreements. On August 16, 1994, the Board of Palm Beach County Commission adopted by resolution, the Statewide Mutual Aid Agreement for Catostrophic Disaaster Response and Recovery between Palm Beach county and the State of Florida. The Executive Board of the Municipal League of Palm Beach County has recommended that the member municipalities adopt the agreement. The Agreement provides that county and local government signatories who assist an impacted area do so as agents of the State. As such, the assisting local governments may apply directly to the State for federal disaster assistance funds for reimbursement rather than to FEMA. The affected city that has suffered the disaster is therefore relieved of that responsibility and is free to concentrate on recovering its own losses. Currently, all mutual aid assistance rendered by or to other governmental entities is considered to be by contract with the impacted local government, and as such, reimbursement of costs cannot be requested directly from the State or Federal government. By signing this Mutual Aid Agreement, the City, in partnership with the State, assures a more timely and expeditious response for assistance from other local governments. If the City experiences a disaster which requires the assistance of other counties or cities, this agreement indicates that the requesting jurisdiction is responsible for all costs associated with the responding jurisdictions. The requesting jurisdiction will be able to recoup its costs through the State's funding reimbursement mechanism. r' - 'r--' ,. 't r--'.- . :,tSi p'l,,": ,e ':VEi,UE. C'ELRAY BEACH FLOR:DA 33444 ~""1 L.. H" - - . ,~,¡,_ ' i¡:- '/ C)~'2- - .~,_ · ¡:.':,)'. 4(:7 2~3-746~ " "< e--:. . Page - 2 - Memorandum David T. Harden, City Manager Statewide Mutual Aid Agreement We recommend the City concurrently adopt both documents as identified in the second paragraph of the memorandum from Joseph F. Myers, Director, Division of Emergency Management, to all County Emergency Manager Directors, dated October 19, 1994. Thank you for your attention on this issue. If you have any questions or need further assistance, please contact me. ~~ obert B. ehr Fire Chief /" RBRJmmh Attachments: Agenda Request Resolution Statewide Mutual Aid Agreement Statewide Mutual Aid Agreement Modification cc: Susan Ruby, City Attorney . [ITY DF DELRAY BEA[H FIRE DEPARTMENT S E R\' i I J G D EL R.ê. Y 8 E A C H . GULF STREÞM . HIGHLAND BEACH DEL RAY BEACH M E M 0 RAN DUM F L 0 I I D A a..ed AJ.Amerìca Ci1 TO' DAVID T. HARDEN, CITY MANAGER , , II t FR~M: ROBERT B. REHR, FIRE CHIEF 1993 DATE: JUNE 27, 1995 SUBJECT: ADDITIONAL INFORMATION FOR EXECUTING THE STATEWIDE MUTUAL AID AGREEMENT & MODIFICATION #1 This is additional information pertaining to the Statewide Mutual Agreement package that was forwarded to you on June 22, 1995. Included for addition to the original package are the Palm Beach County resolutions approving both the Statewide Mutual Aid Agreement and the modification. The original package and the addition includes the City's Resolution authorizing the Mayor and the City Clerk to sign the Statewide Mutual Aid Agreement, Modification #1 to the Statewide Mutual Aid Agreement, the County resolution approving the agreement and the modification. Both the original documents and the modification have execution pages which need to be signed by the participating government signatories (they have already been signed by the County), and the page designating the City personnel to be contacted also needs to be completed. Two identical sets of the above-described documents, as attached, need to have original signatures. The completed documents are to be sent to Mr. B. T. Kennedy, Palm Beach County Director of the Division of Emergency Management, who will make a copy for his records and forward the two original sets of documents to the State Division of Emergency Management. The State will execute both copies and return one original document to the municipality. Mr. Kennedy has worked closely with the municipalities to assure that the documents would be executed according to the State's specifications, and he would like the municipalities who are planning to adopt the Agreement to contact him (407-233- 3500) in this regard. Please do not hesitate to contact me if I may be of any assistance in this matter. I can be reached at 407-243-7410. ~¿¡U-. . Fire Chief ,- 'r-- "~':~ e'I' ·;u..è,:~.~tr::s. C.1 \',i:cST:_.':r,TiC A\'EiJUE. DELRA\' BEACH FLC'RiDA 33444 ~..¡ · ¡I,_J C,'Jr.,' ~)L' --":C::j. F,~,:;~·, 4(.'//243-7.161 ......, ç'~, '\ ' L· ~ , ,,' EIT' IF DELIAY IEA£H .. ~LRAY lEACH CITY CLERK , 100 N.W. 1st AVENUE . DELAAV BEACH, FLOAIDA 33444 . 407/243-7000 .. ,1dd/Jr0t7#'/ . .5£15 -Iö - ,- - bE. !JH17 0 Of¿¡ () f:.eED be.¡ .- 1993 - ~ July 17, 1995 C!J/ E. ¡ í?éh~ - C¡/6/95 .., ~ Mr. B. T. Kennedy, Director Palm Beach County Division of -. Emergency Management Public Safety Department 301 N. Olive Avenue "- West Palm Beach, FL 33401 Re: Resolution No. 51-95/Statewide Mutual Aid A9reement and Modification 11 .. Dear Mr. Kennedy: - ; -. Enclosed please find two (2) certified copies of Resolution No. . .. 51-95 which authorizes the Mayor and City Clerk to execute the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Rec'overy, and Modification 11 thereto. Executed copies of the Agreement and Modification are attached to the resolutions. Resolution No. 51-95 was passed and adopted in regular session by the Delray Beach City Commission on July 11, 1995. As requested, I am forwarding the executed documents to you for distribution and final execution by the appropriate parties. -, Please ensure that one original document is returned to this office. Thank you for your assistance. . - - Sincerely, ~'Ifk~ llti:/;¡f Alison MacGregor Harty City Clerk AMH/m Enclosures @ Printed on Recycled Pape' THE EFFORT ALWAYS MATTERS . C E R T I FIe A T ION I, ALISON MacGREGOR HARTY, City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached document is a true and correct copy of Resolution No. 51-95, authorizing the Mayor and City Clerk to execute the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, and Modification #1 to said Agreement, as the same was passed and adopted in regular session by the Delray Beach City Commission on July 11, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 6th day of September, 1995. Alison MacGregor Harty City Clerk City of Delray Beach, Florida SEA L "' 7/11 /95 Agenda Item- No.: "8.0. AGENDA REQUEST Date: JlInp ') 1 . lQQI\ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Next available . Description of item (who, what, where, how much): The Statewide Mutual Aid A~reement for Catastrophic Disaster Response and Recovery is an agreement between the State of Florida. Division of Emeriency Mana2ement and this City. ThPTP i~ no rlirp~~ fi~ral impa~t -in ~ppTovini thi~ ~grppmpn~_ (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/' RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of the Agreement which in the event of a major or catastrophic disaster of the City may either request assistance from other locak governments or mav provide assistance to other local ~overnments (Example: Recommend approval with funding from Special Events Account No. OOl-3333-555-44.55). f?Þ;4.L Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: tJ I ~pproved for agenda: BS/ NO Hold Until: Agenda Coordinator Review: Received: placed on Agenda: Action: Approved/Disapproved " . . . ADril 21. 199' , STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSB AND RECOVERY THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS: WHEREAS, the State Emergency Management Act, Chapter 252, Florida statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers, duties, rights, privileges, and immunities of political subdivisions of the state rendering outside aid; and WHEREAS, Chapter 252, Florida statutes, authorizes the State to enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state ,any real or personal property of the state government or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state; and WHEREAS" Chapter'252, Florida Statutes, authorizes the governing body of each political subdivision of the state . to enter into such contract or lease with the state, accept any such loan, or employ such personnel, and such political . . . . . . ~il 21. ,~ , subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed, and to otherwise do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into; and WHEREAS, Chapter 252, Florida statutes, authorizes the Division of Emergency Management to make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area or upon the request of any recognized and accredited relief agency through such duly constituted authority; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to call to duty and otherwise provide, within or without the state, such support.~rom available personnel, equipment, and other resources ot state agencies and the political subdivisions ot the state as may be necessary to reinforce emergency management agencies in areas stricken by emergencies; and WHEREAS, Chapter 252, Florida statutes, requires that each municipality. must ~oordinate requests for state or tederal emergency response assistance with its county; and WHEREAS, .the State ot Florida is geographically vulnerable to hurricapes, tornadoes, freshwater flooding, sinkhole . . . . . ~iI 27. 1994 , formations, and· other natµral disasters that in the past have caused severe disruption of essential human services and severe property damage to public roads, utilities, buildings, parks, and other government owned facilities; and WHEREAS, the Parties to this Agreement recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens,of the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, each Participating Government, intends to foster communications between the personnel of the other Participating Government by visits, compilation ot asset inventories, exchange ot information and development of plans and procedures to implement this Agreement: NOW, THEREFORE, the Parties hereto agree as follows: SECTION 1. DEFINITIONS A. "AGREEMENT" - the statewide Mutual Aid Agreement tor Emergency Response/Recovery. Political subdivisions ot the State of Florida may become a party to this Agreement by executing a copy of this Agreement and providing a copy with original signatures and authorizing resolution(s) to the State of Florida . Division of'Emerqency Management. Copies ot the agreement with original signatures and copies of authorizinq resolutions and 3 . : . . . A.:It'i t 21. 199' , insurance letters shall be filed and maintained at the Division headquarters in Tallahassee, Florida. B. llRËQt1ESTING PARTY" - the participa tinq qovernme.nt entity requesting aid in the event of an emergency. Each municipality must coordinate requests for state or federal emergency response assistance through its county. c. "ASSISTING PARTY" - the participating government entity furnishing equipment, services and/or manpower to the Requesting Party. D. "AUTHORIZED REPRESENTATIVE" - an employee of a participating government authorized in writing by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the participating government executing this Agreement shall be attached as Appendix A to the executed copy ot the Agreement supplied to the Division, and shall be updated as needed by each . participating government. .. "DIVISION" - the state ot Florida, Department ot . . Community Affairs, Division of Emergency Management. F. "EMERGENCY" - any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, -which results or may result in substantial injury or harm to the population or substant~al damage to or loss of property. 4 . . . . . ADl'il 27. ,~ , G. "DISASTER" - any natural, technological, or civil e~ergency that causes daDage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, . Governor, or the President of the United States. B. "PARTICIPATING GOVERNMEN'r" - the State of Florida and any political subdivision of the State of Florida which executes this mutual aid agreement and supplies a complete executed copy to ·the Division·. I. "PERIOD OP ASSISTANCE" - the period of time beginning with the departure of any personnel of the Assisting Party from any point for the purpose of traveling to the Requesting Party in order to provide assistance and ending upon the return of all personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party during which the personnel ot the Assisting Pa~y are engaged in a course of conduct not reasonably necessary for their safe arrival at or return from the Requesting Party. 3. "WORX OR WOJUt-RELATED PEJUOD" - any period of time in which either the personnel or equipment of the Assisting Party are being used by the .Requesting Party to provide assistance and tor which the Requesting Party will reimburse the Assisting I ; 5 ! . . " ADril 21. 199' ~ Party. Specifically included within such period of time are rest breaks when the personnel of the Assisting Party will return to active work within a reasonable time. Specifically excluded from such period of time are breakfast, lunch, and dinner breaks. SECTION 2. PROCEDURES When a participating government either becomes affected by, or is under imminent threat o~, an emergency or disaster, it may . invoke emergency related mutual aid assistance either by: (i) declaring a state of local'emergency and transmitting a copy of that declaration to the Assisting Party, or to the Division, or (1i) by orally communicating a request for mutual aid assistance to Assisting Party or to the Division, followed as soon as practicable by written confirmation of said r~quest. Mutual aid shall not be requested by Participating Governments unless resources available within the stricken area are deemed . inadequate by the Local Emergency Management Agency. All requests for mutual aid shall be transmitted by the Authorized Representative or the Director o~ the Local Emergency Management Agency. Requests for assistance may be communicated either to the Division or directly to an Assisting Party. Requests for assistance under this Agreement shall be limited to catastrophic disasters, ,except where the Participating Government has no other mutual aid agreement based upon Section 252.40 or 163.01, Florida . 6 . . ADt'H 27. ,~ ~ statutes, in which case a Participating Government may request assistance pursuant to the provisions of this agreement. A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the authorized representative of the Assisting Party and shall provide them with the information in paragraph C below. All communications shall be conducted directly between the Requesting and Assisting Party. Each party shall be responsible for keeping the Division advised of the status of the response activities. The Division shall not be responsible for costs associated with such direct requests for assistance. However, the Division may provide, by rule, for reimbursement of eligible expenses from the Emergency Management Preparedness and Assistance Trust Fund created under Section 252.373, Florida statutes. B. REQUESTS ROUTED THROOGH, OR ORIGINATING PROH, THE DIVISION: The Requesting Party may directly contact the Division, in which case it shall provide the Division with the information in paragraph C below. The Division may then contact other Participating Governments on behalf of the Requesting Party and coordinate the provision of mutual aid. The Division shall not be responsible for costs associated with such indirect requests for assi,tance, unless the Division so indicates in writing at the time it transmits the request to the Assisting Party. In no event shall the Division or the state of Florida be 7 ; : . . . . AÞrit 27. '99' , responsible for costs associated with assistance in the absence of appropriated funds. In all cases, the party receiving the mutual aid shall be primarily responsible for the costs incurred by any Assisting Party providing assistance pursuant to the provisions of this Agreement. c. REQUIRED INFORMATION: Each request for assistance shall be accompanied by the following information, to the extent MO~: . 1. A general description of the damage sustained; 2. Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health ånd other medical services, search and rescue, etc.) and the particular type of assistance needed; 3. Identification of the public infrastructure system for which assistance is needed (e.g. sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed; 4. The amount and type of personnel, equipment, materials, . and supplies needed and a reasonable estimate of the length of time they will be needed; 8 . . . ~il l7. ,~ , 5. The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief centers or staging areas for incoming emergency goods and services; and 6. A specific time and place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit 5, or by any other available means. The Division may revise the format of Exhibit 5 subsequent to the execution of this agreement, in which case it shall distribute coipies to all participating governments. . D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party or the Division the authorized representatives ot any participating government agree to assess their government's situation to determine available personnel, equipment and other resources. All participating governments shall render assistance to the extent personnel, equipment and resources are available. Each participating government agrees to render assistance in accordance with the terms of this Agreement to the fullest extent possible. When t~e authorized representative determines that his Participating Government has available personnel, equipment or other resources, they shall so notify the Requesting Party or the I i I 9 I I I I . ¡ .' . " ~fl 27. ,~ , Division, whichever communicated the request, and provide the information below. The Division shall, upon response from sufficient participating parties to meet the needs of the Requesting Party, notify the authorized representative of the Requesting Party and provide them with the following information, to the extent known: 1. A complete description of the personnel, equipment, and materials to be-furnished to the Requesting Party; 2. The estimated length of time the personnel, equipment, and materials will be available: 3. The areas of experience and abilities o~ the personnel and the capability of th~ equipment to be ~urnished: 4. The name of the person or persons to be designated as supervisory personnel; and 5. The estimated time when the assistance provided will arrive at the location designated by the authorized representative of the Requesting Party. B. SUPERVISION AND CONTROL: The personnel, equipment and . resources of any Assisting Party shall remain under operational control of the Requesting Party for the area in which they are serving- Direct supervision and control o~ said personnel, equipment a~d resources shall remain with the designated supervisory personnel ~t the Assisting Party. Representatives ot the Requesting Party shall provide work tasks to the supervisory 10 . . . . . A,øril 27. ,~ ~ personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall have the responsibility and authority for assigning work and establishing work schedules for the personnel of the Assisting Party, based on task or mission assignments provided by the Requesting Party and the Division. The designated supervisory personnel of ' the Assisting party shall: maintain daily personnel time records, materiai records and ~ lòg of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice 1s not practicable, in which case such notice as is reasonable shall be . provided. .. 0 .,. FOOD; HOUSING; SELF-SUFPICIENCY Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the . designated location to.the time of their departure. However, Assisting Party personnel and equipment should be, to the - 11 " .. . Aørft 27. 1~ , greatest extent possible, self-sufficient for operations in areas stricken by emergencies or disasters. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. . G. COMMUNICATIONS: Unless specifically instructed othèrwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party . personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. H. RIGHTS AND PRIVILEGES Whenever the employees of the Assisting Party are rendering outside aid pursuant to this Agreement, such employees shall have the powers, duties, riqhts, privileges, and immunities, and shall receive the compensation, incidental to their employment. I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the information transmitted in the request, and shall transmit it by the quickest practical means to the Assisting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as Attachment c. The Assisting Party/Division shall respond to the written acknowledgement by executing and returning a copy to the 12 - . . . " " ." ~ . . . ',.- . '!' . ',. " . " " .. .. , ,'.- \" .' . " '. - ." Aoril 21. 199' ~ Requesting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the written acknowledqment'executed in accordance with paragraph 2.1. of this Agreement. The Requesting Party shall be ultimately responsible for reimbursement of all reimbursable expenses. A. PERSONNEL - During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses incurred during the period of assistance, including, but not lim~ted to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). The Requesting Party shall reimburse any amounts paid or due for compensation to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to personal injury or death occurring while . such employees arß engaged in rendering aid under this Agreement. While providing servi~es to the Requesting Party, employees of the Assisting Party shall be considered "borrow servants" of the i 13 : . . . . A.øt' it 27. ,99lt , Requesting Party and shall be considered in the "dual emploY1Ðent" with the Requesting and Assisting Parties, subject to the supervision and control of both for purpo~es of Chapter 440, Florida statutes. While the Requesting Party shall reimburse the Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal injury or death, the Division, and both the Requesting and Assisting party·shall enjoy "iDUnunity from civil prosecution as provided for in the Florida Workers' Compensation Act. B. EQUIPMENT - The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall·be determined in accordance with 44 CFR 206.228. The Assisting Party shall pay ~or all repairs to its equipment as determined necessary by its on-site supervisor(s) to maintain such equipment in safe and operational condition. At the request of the Assisting party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, it practical. The total equipment charges to the Request~ng Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the 14 . . ~il 27. ,~ ~ Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. c. MATERIALS AND SUPPLIES - The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate es~ablished in ·3.B. above, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the Assistinq Party's personnel. The Assisting Party's Personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall be determined in accordance with, 44 CFR 206.228. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. It such an agreement is made, it shall be reduced to writing and transmitted to the Division. D. RECORD XEEPING - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party or th~ Divi~ion using format used or required by FEMA publications, including 44 CFR part 13 and applicable Office of Management and Budget Circulars. Requesting Party and Division 15 .. 0 . ~i I 27. 1991- ~ finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. E. P~YMENT - Unless otherwise mutually agreed in the written acknowledgement executed in accordance with paragraph 2.I. or a subsequent written addendum to the acknowledgement, the Assisting Party sh~ll bill the Requesting Party for all reimbursable expenses with an itemized Notice as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 CFR part 206. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following the billing date. These timeframes may be modified by mutual agreement. This shall not preclude an Assisting Party or Requesting Party from assuming or donating, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided to a Requesting Party. P. PAYMENT BY OR THROUGH THE DIVISION: The Division of Emergency Management may reimburse for all actual and necessary travel and subsistence expenses for personnel providing assistance pursuant to the request of the Division, to the extent or funds available, and contingent upon an annual appropriation ~rom the Legislature for such purposes. The Assisting Party . 16 .. "' " . AÞr i I 27. 199' , shall be responsible for making written request to the Division for reimbursement of travel and subsistence expenses, prior to submitting a request for payment to the Requesting Party_ The Assisting party's written request should be submitted as soon as possible after expiration of the period of assistance. The Division shall provide a written response to. said requests within ten (10) days of actual receipt. If the Division denies said request, the Assisting Party shall then bill the Requesting Party. In the event that an affected jurisdictio~ requests assistance without forwarding said request through the Division, or an assisting party provides assistance without having been requested by the Division to do so, the Division shall not be liable for reimbursement of any of the costes) of assistance. The Division may serve as the eligible entity for requesting reimbursement of eligible costs from FEMA. Any costs to be so reimbursed by or through the Division shall be determined in accordance with 44 CFR 206.228. The Div~sion may authorize . applications for 'rel~ursement of eligible costs tram the undeclared disaster portion ot the Emergency Management Preparedness and Assistance Trust Fund established pursuant to Section 252.373, Florida Statutes, in the event that the disaster or emergency-evenb is not declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-707. Such applications 17 - . .' "' ~il 27. 199' ~ shall be evaluated pursuant to rules established by the Division, and may be funded only to the extent of available funds. SECTION SECTION 4. INSURANCE Each participating government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine tor itself what kinds of insurance, and in what amounts, it should carry. If a participating government is insured, its tile shall contain a' letter from its insurance carrier authorizing it to provide and receive assistance under this Agreement, and indicat"ing that there will be no lapse in its insurance coverage either on employees, vehicles, or liability. If a participating government is self-insur~d, its file shall contain a copy of a resolution authorizing its self-insurance program. A copy of the insurance carrier's letter or the resolution of self-insurance shall be attached to the executed copy of this Agreement which is filed with the Division. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this agreement. ~e amount of reimbursement from the Division or the Requesting Party shall be reduced by tbe amount of any insurance proceeds to which the Assisting Party is entitled as a result of losses experienced . in rendering assistance pursuant to this Agreement. SECTION S. LIABILITY 18 . . . ADril Z7. ,99t. ~ To the extent permitted by law, and without waiving sovereign immunity, each Party to this Agreement shall be responsible' for any and all claims, dem~nds, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. SECTION 6. LENGTH OF TIME FOR EMERGENCY The duration of such state of emergency declared by the Requesting Party is limited to seven (7) days. It may be extended, if necessary, in 7 day increments. SECTION 7. nBM This Agreement shall be in effect for one (1) year from the date hereof and shall automatically be renewed in successive one (1) year terms unless terminated in writing by the participating government. Notice of such termination shall be ,made in writing and shall be served personally or by registered mail upon the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida, which shall provide copies to all other Participating Parties. SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall be in full force and effect upon approval by the partiçipating government and upon proper execution hereof. 19 : . . . .. ADr'it 27. 1991. ~ SECTION 9. ROLE OF DIVISION OF EMERGENCY MAN~GEMENT The responsibilities the Division of Emergency Management, Florida Department of Community Affairs under this Agreement are to: (1) request mutual aid on behalf of a.participating government, under the circumstances identified in this Agreement; (2) coordinate the provision of mutual aid to a requesting party, , pursuant to the provisions of this Agreement; (3) serve as the . eliqible entity for requesting reimbursement of eligible costs .fr~m FEMA, upon a Presidential disaster declaration: (4) serve as central depository for executed Agreements; and (5) maintain a current listing of Participating Governments with their Authorized Representative and contact information, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. SEVERABILITY: EFFECT ON OTHER AGREEMENTS Should any portion, section, or subsection ot this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection: and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subs~ction or power invalidated. In the event·that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, Florida Statutes, or interlocal agreements, pursuant to Section 20 . . "' Aor i I 27. 199' , 163.01, Florida Statutes, those parties agree that said agreements are superseded by this agree~ent only "tor emergency management assistance and activities pertormed in catastrophic emergencies pursuant to this agreement. In the event that two or more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, then the terms and conditions ot this agreement shall apply . . unless otherwise agreed between those parties. . . 21 . . "' ~h 27. ,"' . ~ IN WITNESS WHEREOF, the parties set forth below have duly executed this Aqreement on the date set forth below: R94 1059 . ATTEST: BOARD OF C~MR8fH1w=wñ.~HE~RURT OF FLORI DA Board of County Commissioners AUG f 6 199~ --:;;~ ~~ By: By: Ptu· ~,,~. . "'I, Deputy ClerJ¡.--O.···-----..,\ hai fQ/t-"\Io BE¿¡fc"/f'o", CHAIR. PALM a~ \;H COUNTY ,¢o, q :os. .~~ :<, . ~ APPROVED AS TO l6ÞAAQ OF :~lJ~7Y COMMISSIO~ERS ~o: COUNTY, :~~ , cD. ,tIJ: Office of the Attorney ~ .. ¡t:. ,.. '(oJ" ~.¡. (OR\Q 'Õ-J' If ~'. ..~ .: '. ~ ...___.tIÞ~ __ c:::::::: þJ. "\ ~ ""?:) * s~.......- ""............... By: ,- . -'._ ¿,J. \. -:J. ;..-.......~ EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IX , COUNTY (attach authorizing resolution or ordinance and insurance letter or resolution ach) Delray Beach, , by ~ 11 1995 Political Subdivision Thomas Mayor ATTEST: (}/¡MnW!,L'-ß{.I r 1101'"4- City C erk ," ACXNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGDŒNT 8y·: Director 22 " . . . - STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS )740 CENTEIVIEW DRIVE . TAllAHAS~EE, flORIDA' )))"-)100 LAWTOS CHILES LINDA LOOMis SHEllEY . - Gow.ftOf ~~~ r ~ ~ ;r~ . s«.tl~ry .~ ~. .., . . XBHORANDtJK TO: COUNTY EMERGENCY MANAGEMENT DIRECTORS AND SIGNATORIES TO THE STATEWIDE MUTUAL AID AGREEMENT FROM: Joseph F. Hyers, Director ~~ Division of Emergency Manage. nt SUBJECT: Mutual Aid Compact: Modification DATE: October 19, 1994 In September I provided you all with information regarding the execution of the statewide Mutual Aid Agreement, and advised you that the Division of Emergency Management (DEM) anticipated a modification to the Agreement, based upon comments by several local government risk managers. Attached you will find the Kodification prepared based upon those and other comments re- ceived. The attached MOdification (dated October 18, 1994) is now ready for execution. Please destroy or otherwise dispose of any previous drafts you may have received. Therefore, please initiate the processes necessary to have your local governments execute this Modification, and return executed . copies with attachments to the DivisiQn. County Emergency Management Agency Directors should provide copies ot the Moditi- cation to all those municipalities they previously provided with the statewide Mutual Aid Agreement. In addition, DEK will be sending copies to all those that have already executed the Agreement. For those entities that have not yet executed the statewide Kutual Aid Agreement, the Modification should be executed concurrently with the Agreement. DEM will forward copies with the Division's endorsement back to all signatories upon final execution. with your continued assistance we anticipate having all modifications executed as soon as possible. If you have any questions, please call Robert c. Byerts at (904) 488-0410. JFKjrb attach. (1) EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVElOPMENT · RESOURCE PLANNING AND MANÀGEMENT . . . . - October 21, 1994 , MODIFICATION f 1 TO STATEWIDE MUTUAL AID AGREEMENT \ ~{EREAS, the undersigned County/Municipality (strike one), along with the Department of Community Affairs, Division of Emergency Management (DEM) and various other counties and munici- . palities in the state of Florida, has entered into the statewide Mutual Aid Agreement for Catastrophic Response and Recovery (the . Agreement): and WHEREAS, the parties to the Agreément are desirous of amending the Agreement, to revise provisions regarding the handling of workers' compensation claims and to clarify and correct certain other terms and conditions; NOW, THEREFORE, the undersigned signatories agree: 1. The title of the Agreement is revised to read: "state- wide Mutual Aid Agreement." 2. The introductory paragraph is revised to read: "THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI- PALITY THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CON- TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:·. 3. The first sentence of SECTION 1. DEFINITIONS, paragraph A. "AGREEMENT" i~ revised to read: "the statewide Mutual Aid Agreement." The remainder of that paragraph is unchanged. ". SECTION 1. PEFINITIONS, paragraph D. "AUTHORIZED REPRESENTATIVE" is revised to read: "An employee of a participat- - 1 " · . . · October 21, 1994 Ing government authorized in writing by that government to request, offer, or provide ~ssistance under the terms ot this Agreement. The'list of authorized representatives for the particip·.ting government executing this Agreement shall be attached hereto as 'Exhibit A,' and shall be updated as needed by . each participating government." · SECTION 1. DEFINITIONS, paragraph H. ·PARTICIPATING 5. GOVERNMENT" is revised to read: "The State of Florida, any county which executes this Aq,reement and supplies a complete, executed copy to the Division, and any municipality which executes this Agreement and supplies a" complete, executed copy to the Divi- sion." 6. A new paragraph K. is added to SECTION 1. DEFINITIONS, to read as follows: "K. 'MAJOR DISASTER'- a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance." 1. The initial, unnumbered, paragraph of SECTION 2. PROCEDURES, is revised to read: When a Participating Government "either becomes affected by, or is under imminent threat of, a major disaster, it may invoke emergency related mutual aid assistance either by: (i) declaring a state of local emergency and transmitting "a ~opy of that declaration to the Assisting Farty, or to the Division, or (ii) by .- orally communicating a request for mutual aid assis- - 2 " . . . . October 21, 1994 tance to the Assisting Party or to the Division, fol- lowed as soon as practicable by written confirmation ot said request. Mutual aid shall not be requested by any Particlpatin9 Government unless resour~es available within the stricken area are deemed inadequate by that Participating Government. Municipalities shall coordi- . nate requests for state or federal assistance with their County Emergency Management Agencies. All re- quests for mutual aid shall be transmitted b~ the Authorized Representative or the'Director of the Local ,Emergency Management Agency. Requests for assistance may be communicated ei~er to the Division or,directly . to an Assisting Pa~ty. Requests for assi~tance under this Agreement shall be limited to major disas~ers, , except where the Participating Government has no other mutual aid agreement for the provision of assistance related to emergencies or disasters, in ""hich éase a Participating Governm~nt may request assi~tance related to any disaster or emergency, pùrsuant to the provi- sions ot this Agreement. 8. SECTION 2. PROCEDURES, paragraph C. REQUIRED INPORKA- TrOH, subparagraph, 6 is revised to read: 6. An estimated time and a specific place for a . representative of the Requesting Party to meet the - 3 " . . . . October 21, 1994 personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit "B," or by any other available means. The Division may revise the format of Exhibit "B" subsequent tp the execution of this agreement, in which case it shall distribute copies to all partici- . pating Governments. 9. SECTION 2. PROCEDURES, paragraph x. ~TTEN AC~OWL- BDGBKENT, is revised to read: I. ~TTEN ACXNOWLEDGEHBNT- The Assisting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the informa- tion transmitted in the re9Uest, and shall transmit it by the quickest practical means to the Requesting Party . . or the Divisio~, as applicable, for approval. The form to serve as this written acknowledgement is attached as Exhibit c. The Request~ng PartY/Division shall respond to the written acknowledgement by executing and r~turn- ing a copy to the Assisting Party by the quickest . practical means, maintaining a copy for its files. . 10. SECTION 3. REIMBURS~BLE EXPENSES, paragraph A. PERSON- .._. NEL, is revised to read: , A. PERSONNEL - During the period of assistance, . 4 . . . . October 21, 1994 the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and requlations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect rayroll costs and exp~nses (including travel expenses) incurred . during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principle. (GUP) . However, the Requesting Party shall not. be respopsible for reimbursing any amo~nts paid or du~ as ~enefits to employees of the Assisting Party under the terms of the Florida Workers' Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. ~th the Requesting Party and the Assisting Party shall be responsible for payment of such be~efits only to their own employees. 11. SECTION 1. ß.BM, is revised to read: This Agreement shall be in effect for one (1) year from the date hereof and shall be renewe~ in successive one (1) year terms unless terminated upon sixty (60) days advance written notice by the Participating Gov- ernment-. Notice of such termination· shall be made in writing and shall be served personally or by registered 5 . . . . mail upon the Director, Division of Emergency Manage- ment, Fl~rida Department of Community Affairs, Talla- hassee, Florida, which shall provide copies to all other Participating Governments. Notice of termination. shall not relieve the wichdrawing Participating Govern- ment from obligations incurred hereunder prior to the effective date of the withdrawal and shall not bè . effective until sixty (60) days after notice thereof has been sent by the Director, Division of Emergency Management, Department of Community Affairs to all . other Participating Governments. 12. SECTION 10. SEVERABILITY: EFFECT ON OTHER AGREEMENTS, .is revised to read: Should any portion, section, o~ subsection of this Agreement be' held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection: and the remaining portions of this Agreement shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. - In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to section 252.40, Florida Statutes, or interlocal agreements, pursuant to section 163.01, Florida Stat- ~, those parties agree that said agreements are 6 . . . . . . superseded by this agreement only for energency manage- ment assistance and activities performed In major disasters, pursuant to this agreement. In tt e event \ that two or more pàrties to this agreement have not entered into another mutual aid agreement, and the parties wish to e~gage in mutual aid, then the terms and conditions of this agreement shall apply unless otherwise agreed between those parties. 13. The document attached to the Agreement and formerly labeled "APPENDIX A," is revised to be titled "BXHIBIT AIt as indicated in the attached EXHIBIT A. The document attached to the Agreement entitled "REQUIRED INFORMATION" is revised to be titled "EXHIBIT Bn as indicated in the attached "EXHIBIT B." The document attached to the Agreement and entitled "ACJt:NOWLEDGJœNT" is revised to be titled "EXHIBIT Cn as indicated in the attached "EXHIBIT C." 14. This Modification shall become effective only as between those counties and municipalities, and the state of Florida, when they have actually executed a copy of the MODIFICA- TION '1 TO STATEWIDE MUTUAL AID AGREEMENT containing identical terms, and when that copy has been executed by the state of Florida, Division of Emergency Management. 7 " . . :CC-12-1994 Id:52 Er'~ '~T d0? 689 e.r~ p.ea . . IN WX~NESS WHEREOF. the ~4rt1cs set forth below. have duly exeout.ð thie Aq~eemont on th_,date set forth below. \ . "T'l'ESTa BOARD OF .! CLERI< OF THE CIRCUIT COURT OF FLORID~ ~ ! -. ~. I By: \. ~.A <-' P- ~~-< B : ¡ Deputy Cle ;,.....ê'òü~",' oee rm~n en oster ~ __~_..n....!,J'" A G.J .,. .I()9~ Be-.." .....C'~.~ APPROVED AS FORK a ~.. ~ T" 7 Tf i~/q, ~\~\ Office ot the County AttorneJ - so: COUNT~ ~~ ~ ~ 1 ~CS), .~= I ~ · At l' :(4 ~ By 2 - - rJ . - t_ ~..~" (OR\O .,,'Ò'E '·t¡¡....·_···~~/ ATTEST. ··,~~"t,!~ C~TY' OF n~ /PA!4 B~PrJb. CITY CI"ER.K FLORIDA' 'BY' ()æm"V0I'_~I4/Jy By. ~~- i '1' i U. f111.¡ (J Æ-"" 'L - T i tl. ([I A. ¡o e/::::- : _ - APPROVED AS TO FORM a ! Office City Attorn : .:'. By:. j i STATE OF Ft.ö~IDA II D£PARTMENT or COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMEN~ ¡ i By. . ! , , -r1tle . : i . I I ; I I I , . i 8 .., , ! . I I ¡ I - - - '. ,-- . . . . STATEWIDB KUTUAL AID AORBE.KBNT EXHIBIT A Date: Name of Government: Mailing Address: city, state, Zip: . Authorized Representatives to Contact for Emergency Assistance: . primarY Representative Name: Title: Address: Day Phone: Night Phone: FAX No.: 1st Alternate Representative Name: - Title: Address: Day Phone: . Night Phone: 2nd Alternate Representative Name: Title: Address: Day Phone: Night Phone: --, - 9 . . . . . BXRI8IT B STATBWIDB XOTUAL AID AGRERKEHT RBQOIRBD IHFORHATIOH Each request for assistance shall be accompanied by .the following information, to the extent known: . 1. General description of the damage sustained: . . 2. Identification of the emergency service function for which assistance is needed (e.q. fire, law enforcement, emergency medical, trans~ortation, communications, public works and engi- neerinq, buildinq, inspection, planning and informatipn assis- tance, mass care, resource support, health and other medical services, search and rescue, etc. ) and the particular type of assistance needed: , ..-- . - - 10 "' . " : . REQUIRED INFORMATION (continued) 3. Identitication ot the public intrastructure system for which assistance is needed (e.9. sanitary sewer, potable vater, streets, or storm vater systems) and the type of vork assistance needed: . . . 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they vill be needed: 5. The need for sites, structures or buildings outside the Requesting Party's pol-itical subdivision 'to serve as relief centers or staging areas for incoming emergency goods and servic-, es: -,- . 11 " . . . . REQUIRED INFORMATION (continued) 6. An estimated time and specific place for a representative ot the Requestinq Party to me~t the personnel and equipment ot any Assisting Party. . . . ..-- 12 . . ' . . . . EXHIBIT C STATEWIDE MUTUAL AID AGREEMENT ACKNOWLEDGKENT '\ \ To be completed by each Assisting Party. NAME OF ASSISTING PARTY: _ AUTHORIZED REP~SENTATIVE: CONTACT NUMBER/PROCEDURES: 1. Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival . 2. Availability of Additional Resources: 3. Time Limitations, if any: . 13 " { ! '\ , l/~ > RECEIVED £IT' DF DELIA' BEA£H JUl - 3 1995 CITY ~M·'· ~-~'" mFlf;f-_ 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 IDA ...... AII·America City MEMORANDUM , till! DATE: June 30, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to Contract for Sale and Purchase - McGraw Property In order to conduct the second phase of the environmental audit on the McGraw property, the City and Mr. McGraw need to approve an Amendment to the Contract to enlarge the time for inspection until August 15, 1995. The amendment is enclosed for City Commission approval. In addition, please be advised that Larry Eaton of CRC Recovery, Inc. has agreed to split the cost of the environmental audit (2nd phase) and is accepting of the F.E.C. Railroad encroachment. CRC is negotiating a lease with the railroad. By copy of this memorandum to David Harden, our office requests that this amendment be ed 0 he July 11, 1995 consent agenda for City Commission approval. cc: David Harden, City Manager ® Printed on Recycled Paper ~p '. ---+.,,- -'..'~ ---~._, ~----~. -~---~- ----------------~------_._- ----~- - ~-~ .....-.,-.. " f ~MIUI"1' '1'0 OOM'J!IQ.C'1' 'I'OR 8~,11: MID PmtCBABB THXS AKBHDKSNT TO COPTRACT FOR S~B AND pUJ\OIlASB amènd~"g that ø.~tain Contraet :for Sale anel purchase c1at:e4 Ap:t'11 25, 1995, between DONALD McGRAW. be:t'elnar~.r r.~erred to aÞ "8e11.8I:," and ~ho CIT'! or DBJ,.ItAY BEAOH. hereinafter referrcacS to .... "au~e¡:," i.. mo.cSè a.nd ont:.rad 1nto th!. day of June. 1995. WIT N B S S B T H t "HBUIIoS, .el1.eJ:' and Buyoe have har.to~ore ent:erAd into that certaln oontra~ fu:t' sal. and P~oha.. rogarding property loeated at 306 NK 2nd Street, Delray Beach, Flor.1.da, unc:ler date of J\.pril 21>, 1995, høeeinafter refør.red to &s "the Contraot", .1u5 WlEmMAS. ~ho partie. hereto are d..Lrouø o~ am.ndfn9 certain portions of tnò Conteaot 1n the manner høreln~'~Qr ga~ forth. NOW, 'J!1IDNlI'ONII , Ln I;JClnøLclo~.t1.on o~ tho mutual oClvenRnt.:.. "nd promi... herein con~aLnod from one par~y to tho o~h.~r the receipt .n~ .~equaoy of whinh im hereby aoknowledged, th. parties hereby RgT.Ø~ .. follows. i. par·oraph 'þ' of the Addenc:\gm to the Contract i. h~r.~by amended 1n iè. enèire~y ~o ~ead aB fo~~owg. D. The BaLl. BUJ:'faoe wate~, ~J:'ainage ~equLr.m.n~ø and ~unQ~t .v_L~.bilL~y, ge0109100.1 Qnd .nvlrClnmGn~_l condition., and lI~a~~ oE ~h. prop.r~~ heiftO pu~ahaøod mùø~ be acceptable ~o Buyer in Suyer.' ði~c¡:etion. Thl. .hall he d.~ennined by ~e.t: hor1n9 and o~her 80il, 9eo109.1.oa1 an~ engineer J.ng et:ucU,.. which Pley be OOn- due~ed by Duye~ a~ Duy.~.' ~pe~.e and ~u.~ be ceMpl.~.d by AI1IJUII~ 15, 1995. NOèlce of. t:he ~..ult:. 01. BUCh. ~o.b!ng .ho.ll ho lu~ni.hoå to 001101'. Durln9 th. term of ~hb oont:I.".o'::, the Suyer, 01." agyere · employ..., .gent., repre.ent:at:!vo., or a..ign., .hall bave full and cOf'll~le~6 r.loht: 1::0 6n1::ea:- "');'01\ ~he ~éOpe¡:-~y foJ:' the pU~po.. of m~kln9 ~fty ond 611 In.peat:lona, tea1::. án4 .tud!.. of t:h. propert:y_ ::I. All o1::her provision. of the .bove-referenced ConLr&c~ no~ .aßJen(},¡..2 horeby .hall remain in full force and e£r~~~, ulul.ltar,,,.I by th.1.s Amendment, Zit WX'1'NESB WHelUlOI' , the parties hfll:eto have executed ~h!.. Am.l\c2tnenl. 1.0 Contraat far Sale and Þurchaøe the day and year f1.røt above w~1tt.n. W!tnoøøeøt DONALD MCCRAW ..-.' C%T~ 0" DBl.J\Ar DÞACII --' . 'H._ By: . ~ [ITY DF DELRAY BEA£H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH f LOR IDA be:d AII·America City MEMORANDUM , ~ II t! DATE: June 30, 1995 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Offer of Judgment - City v. Pacouloute/S.W. 10th Street Acquisition The City Attorney's Office would like to make an offer of $5,000.00 to Mr. and Mrs. Pacouloute for the settlement of the eminent domain case filed against them. The offer does not include attorney's fees; however, pursuant to state statutes, the amount of attorney's fees should not be more than one third of the offer, approximately $1,500.00. If the Pacouloutes reject the offer, then the City is only liable for attorney's fees if the court awards more than $5,000 in compensation. By making the offer, I would anticipate that the litigation could be concluded promptly. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk paco-3.dnt ® Printed on Recycled Paper g.G;. . RECEiVED ~ [IT' DF DELIA' BEA[H JUN 2 9 1995 CITY MA~I: ~~n';; nl:"FICE CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F lOR IDA ......... AII·America City MEMORANDUM , III I! DATE: June 28, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attor.ne~ SUBJECT: Charlie Brown v. City of Delray Beach - Offer of Settlement The City has received an offer for settlement of the above-referenced case. Mr. Brown was injured in a hit and run automobile accident in 1987, and has sued the City claiming that the City failed to retain evidence obtained during its investigation. Mr. Brown would be willing to settle the case at this time for $100,000.00. Our office recommends that the City reject this offer. Please call if you have any questions. DNT:srnk cc: David T. Harden, City Manager Lee R. Graham, Risk Manager Alison MacGregor Harty, City Clerk brown.dnt ® Printed on Recycled Paper ?J.K- . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER p;v( SUBJECT: AGENDA ITEM # <65 - MEETING OF JULY 11, 1995 RESOLUTION NO. 52-95 DATE: JULY 7, 1995 This is a resolution assessing costs for abatement action required to remove nuisances on 13 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 52 - 95 assessing costs for abating nuisances on 13 properties within the City. . . - - -~.~ ~_'r .~__~~~. _. _.__ ~ .- - -~. ---- ~-. ....----- - . -"~.-'-'-"<-- - '.".- --'. --._._. - .'.-.- ". - - - ! RESOLUTION NO. 52-95 I ; i A RESOLUTION-OF THE CITY COMMISSION OF THE CITY OF DELRAY I I BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ¡ ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS ¡ FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN ¡ THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF I LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING ! OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH j ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF I I NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO I BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. I ! WHEREAS, the City Manager or his designated representative has, j I pursuant to Chapter 100 of the Code of Ordinances, declared the exis- I tence of a nuisance upon certain lots or parcels of land, described in I the list attached hereto and made a part hereof, for violation of the , I provisions of Chapter 100 of the Code of Ordinances; and, I I WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the I Code of Ordinances of the City of Delray Beach, the City Manager or his I I designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10 ) days from the date of said notice ¡ forty-two (42 ) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written i request for a hearing to review the decision that a nuisance existed I I wi thin ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating , , such nuisance, and that the cost thereof would be levied as an assess- ¡ ment against said property; and, ! I WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the ! nuisance(s) existing upon their respective lands or to properly request I a hearing pursuant to Section 100.21 and 100.22 within the time limits ¡, prescribed in said notice and Chapter 100 of the Code of Ordinances, or I if the property owner(s) did request and receive a hearing, said prop- erty owner (s) failed and/or neglected to abate such nuisance(s) within I ! i '. , ., I ...-..-.. _._~_. -~. .-. _.-.--'-' .' -..-.-..._-- .--... . -- .-... --.-.. - ...._~-_....- -. -_. -~,_._.- ----------. -.. - -,-' -~ .'- - ---- -';'-- -- , -----, --- - ,-- -,------------- --.----_.. .---------.--...--.------ ,---- . I I, the time designated at the hearing wherein a decision was rendered I : adverse to the property owner(s) ¡and, I' WHEREAS, thé-City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, ¡ pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) \ of land described in said report and in the amount(s) indicated thereon. , Said assessments so levied shall, if not paid within thirty (30) days , , after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. I Section 2. That such assessments shall be legal, valid and ¡ binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is I hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will , - 2 - Res. No. 52-95 I I t . , . TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 51. 50 BLOCK 47, PB 12, P 81, 206 SW 2ND AVENUE 70.00 (ADM. FEE) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444-3648 COUNTY, FL (206 SW 2ND AVENUE) RESUB. OF BLOCK 29, CHARLES TERRY $ 48.25 DELRAY BEACH, LOTS 39 SW 9TH AVENUE, APT. 3 70.00 (ADM. FEE) 28 & 29, BLOCK 29, DELRAY BEACH, FL 33444-2549 PB 9, P 66, PUBLIC RECORDS OF PALM BEACH COUNTY, FL " (95 SW 5TH AVENUE) ATLANTI C PARK GARDENS, J. D. & EARLINE MONROE $ 51. 50 DELRAY, LOT 19, BLOCK 32 EARLE STREET 70.00 (ADM. FEE) 2, PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714 RECORDS OF PALM BEACH COUNTY, FL (39 SW 13TH AVENUE) TOWN OF DELRAY, S 50 MARY C. DAVIS $ 44.25 FT. OF N 250 FT OF P. O. BOX 6 70.00 (ADM. FEE) W 135 FT OF BLOCK 20, DIXIE, GA 31629-0016 PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (31 NW 6TH AVENUE) TOWN OF DELRAY, LOTS ROGER JOHNSON $ 51. 50 32 & 33, BLOCK 32, 5628 BLUEBERRY COURT 70.00 (ADM. FEE) PB 6, P 97, PUBLIC LAUDERHILL, FL 3313-3004 RECORDS OF PALM BEACH COUNTY, FL (SW 5TH AVENUE) TOWN OF DELRAY, LOTS LEEBORNE MILLER $ 43.50 34 & 35, S 1/2 OF 36. 5291 PALM RIDGE BLVD. 70.00 (ADM. FEE) BLOCK 15, PB 13, P 18, DELRAY BEACH, FL 33484-1160 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (234 SW 6TH AVENUE) ATLANTIC PARK GARDENS, DAISY M. RAY $ 44.25 DELRAY, LOT 13, P.O. BOX 74 70.00 (ADM. FEE) BLOCK 2, PB 14, P 56, LENOX, GA 31637 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (17 SW 13TH AVENUE) VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED A NUISANCE. -5- Res. No. 52-95 . ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !J'it{ SUBJECT: AGENDA ITEM # ?II - MEETING OF JULY 11, 1995 AWARD OF BIDS AND CONTRACTS DATE: JULY 7, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award - to Management Dynamics for a Cassette Tape Back-up Unit with two, six-cartridge autoloaders for the City Hall AS/400. SEE ATTACHED MEMO 2. Grant awards for the rehabilitation of three single family housing units owned by the City under the HOPE 3 home ownership program, to be awarded as follows: $17,356 for rehabilitation at 264 N.E. 14th Avenue to Henry Haywood, $13,713 for 5072 N.W. 5th Street to Alpha Ul tra Inc. , and $23,084 for 511 Angler Drive to Alpha Ultra Inc. Grant award amounts include base bid plus 5% contingency. Funding is available from HOPE 3 Grant 118-1922-554-49.19, through budget transfer from 118-1922-554-31.30. 3. Bid award to Hardrives of Delray, Inc. for road resurfacing on Bishop Drive, Ross Drive, Ambrose Drive, and Poinsettia Boulevard, and complete road reconstruction of approximately 1100 linear feet of Davis Road, all in the Sudan Subdivi- sion, with funding in the amount of $63,694; $24,025 from 334-3162-541-61.17 and $39,669 from 228-3162-541-61.19. 4. Bid award to Wallace Ford for one Ford F-150 1/2 ton, 4 x 2 pickup truck, in the amount of $15,693 from 501-3312-591- 64.20. . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJIfÁ. SUBJECT: AGENDA ITEM # 8Ti- - MEETING OF JULY 11, 1995 PURCHASE OF AS/400 CASSETTE TAPE BACK-UP UNIT WITH TWO AUTOLOADERS DATE: JULY 7, 1995 This is before the Commission to approve the purchase of a Cassette Tape Back-up Unit with two, six-cartridge autoloaders for the City Hall AS/400 computer. As a result of additional applications and the normal growth of data files, the current system back-up now exceeds the six- cartridge capacity, thereby making operator assistance necessary. Acquisition of this new unit provides two six-cartridge auto- loaders which would allow a full unattended back-up. In addition, this unit would allow processing which would permit MIS to copy back-up tapes, creating a complete second set for additional file integrity. The Police Department's unit for back-up recovery is not compatible with City Hall's unit. In the event of a disaster, back-up data from City Hall's AS/400 could not be loaded to the Police Department's unit. As part of the proposal, the current six-cartridge unit would be removed from City Hall and installed in the Police Department. With the addition of the new unit at City Hall, the two systems would be 100% compatible. The quotes include relocation of the current unit from City Hall to the Police Department, and installation of the new unit at City Hall. The low bidder was Management Dynamics, at $31,950. Recommend approval of the purchase of the two six-cartridge autoloaders, relocation, and installation at both facilities, from Management Dynamics. Funding in the amount of $31,950 is available from Renewal and Replacement ' (Account No. 334-6112- 519-64.11) . .. . . Agenda Item No.: AGENDA REQUEST Date: 06-23-95 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 07-11-95 YES/NO Recommendation: Director of Finance recommends approval of purchase. - ................~- Department Head Signature: Determination nla City Attorney Review/ Recommendation (if applicable): nla Budget Director Review (required on all items involving expenditure of funds) : Funding available, ~NO Funding alt~rnative nla ~ fiÞ-~LMtfK~ ~Account No. & Description, 334-6112-519-64.11 Account Balance: $63,463.53 f~WP . City Manager Review: Approved for agenda: @/ NO mvt Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: David T. Harden City Manager FROM: Richard Zuccaro ~ Information Systems Manager SUBJECT: Vendor Proposals for AS/400 Cassette Tape Back-up - REVISED DATE: June 29, 1995 City Hall's AS/400 currently has a 3490 D41 E Cassette Tape Back-up Unit that allows for six tape cartridges. In the past, this tape cartridge system has allowed MIS to run an unattended weekly back-up. However, as a result of the additional applications and the normal growth of application data files, the back-up currently exceeds the six tape cartridge capacity. Therefore, operator assistance is once again required. The Computer Operator must stay after hours (for approximately 2 1/2 to 3 hours each week) to assist with the back-up, insuring the completion of three tape cartridges before leaving for the evening. The acquisition of an AS/400 Cassette Tape Back-up Unit with the capability of handling two six-cartridge autoloaders (or 12 tape cartridges) would allow MIS to resume running a full unattended back-up. The system AS/400 would run weekly back-ups without the aid of a Computer Operator, saving 2 1/2 to 3 hours per week in overtime. In addition, this unit would allow tape-to-tape processing which would permit us to copy our back-up tapes (tape-to-tape) creating a complete second set of back-up tapes for additional back-up integrity. Additionally, the Police Department's AS/400 has a reel-to-reel tape unit for back-up recovery purposes which is not compatible with City Hall's AS/400 tape cartridge back-up recovery unit. Consequently, back-up data from City Hall's AS/400 could not be recovered (loaded) to the Police Department's AS/400 for running critical applications in the case of a disaster. Therefore, it is important, as part of our disaster recovery procedure, that the Police Department's AS/400 be equipped with a tape system that is 100% compatible with City Hall's AS/400 for back-up/recovery purposes. To remedy this situation, as part of this proposal, the existing AS/400 six Cassette Back-up Unit (3490 D41) would be removed from City Hall's AS/400 and installed in the Police Department's AS/400. I have solicited price quotations for the AS/400 Cassette Tape Back-up Unit 3490 D42 with two six- cassette cartridge autoloaders. The quotes include the de-installation and installation at City Hall, relocation and installation of the current 3490 D41 at the Police Department with guaranteed acceptance of IBM Maintenance. Attached is a summary of the proposals submitted by IBM, Data Max and Management Dynamics. Funding for this acquisition in the amount of $31,950 was approved during the mid-year budget adjustment. I recommend acceptance of the lowest bid of $31,950 as submitted by Management Dynamics. If this meets with your approval, please advise so that a requisition can be entered and submitted for entering of the expenditure account number and department head approval. RZ/sam " . . MEMORANDUM TO: David T. Harden City Manager FROM: Joseph affor Director of Fina SUBJECT: Purchase of AS/400 Cassette Tape Back-up Unit 3490 D42 with two Six- Cassette Cartridge Autoloaders DATE: June 23, 1995 Attached is a memorandum from Richard Zuccaro, Information Systems Manager, providing background information and his recommendation on the purchase of an AS/400 Cassette Tape Back-up Unit 3490 D42 with two Six-Cassette Cartridge Autoloaders for City Hall's AS/400. Funding in the amount of $31,950 was approved during the mid-year budget amendment and transferred to the Renewal and Replacement Fund Computer Equipment line item (334-6112- 536-64.11) for this purchase, Per our discussion of June 22, 1995, as the tape back-up unit we will be buying is reconditioned, we must "reserve" it with a Purchase Order now or risk losing it to another buyer. As these reconditioned tape back-up units are not readily available, you approved an emergency purchase of the tape back-up unit with the item to be placed on the City Commission Agenda for approval at a later date. A Purchase Order is currently being processed for this purchase. Therefore, we are presenting this item for placement on the City Commission's Consent Agenda for July 11, 1995. Isam Attachments cc: Richard Zuccaro, Information Systems Manager Janice Slazyk, Buyer . Cost EstJmate for AS/400 Cassette Tape Unit Mgmt IBM Data Max Dynamics AS/400 3490 Cassette Tape Uni!. t1nd01 042 with dual cartridge ln~rlpr~ $?R. nnn $33,120 $27,500 Configuration: (2) 2512 Automatic Cartr'idge I ();:1rlnl,r I (1) 9010 AC 1 Phase Wire f)01l7 (1) 9080 Watertight Powpr Coni (1) 9985 20 ft Bus & lac¡ C,lhln~ (1) 2644 Tape Attachment FA,ltlll'f' $ 2,750 Inc. $ 2,950 Installation: $ 3,002 Inc. $ 750 De-installation of current ^s/~nn Cassette Tape Unit 3490/0~ J P 111': Installation of new AS/100 (;:1<;<;(>\1'(, Un it 3490/042 and Ins tall é1.\, i ('It! () r the City Hall AS/400 Cass8ttp ;:1pr Unit at the Police Department Transportation: Transportation charge t.o ship 1'.1\0 !leyl $ 310 Inc. Inc. 3490/042 to the City 0 f l1p.h'i'lV Rp:1,h Transportat i on charge to <;hi p thr <:IIY'Y'en \. '1> <no Inc. 750 3490/041 from City Hall to the Pnl irf> nP.pt, ..~ ~- ~- - - --..- ---. -------- --------- Grand Total $311.492 $33,120 $31,950 . International Business Machines Corporation 6301 N.w. 5th Way Ft. Lauderdale, FL 33309 June 6, 1995 . 11r. Richard Zuccaro City of Delroy Bench 100 NW 1st Ave Delray Beach, PI 33444 Dear Richard, Attached you will find a set of contracts having to do with your inquiry into a used 3490 tape purchase. Please use this letter as a summary to the charges associated with this purchase. Purchase of used 3[~90/D42 tnpe drive thrll IBM Credit Corp $28,000 Configuration: 3490/D42 2512 (qty 2) Automatic Cartridge Loaders 9010 (qty 1) AC 1 Phase 3 Wire 60llZ 9080 (qty 1) Watertight power cord 9985 (qty 1) 20ft Bus & Tag Cables Purchase of used 2644 tape attachment feature card through ICC $2,750 This card will replace the currently installed 2622 tape attachment card. That card will be transferred to the Police Dept's AS/400 to allow attachment of your currently installed 3490/D41 to their AS/400. Installation charges: included are charges associated with deinstallation of the current 3490/D41, installation of 3490/D42 at City !lall & installation of current 3[~90 at your Police Dept $3,002 Transportation chargns to sid P 3[.,90 fl'OIl1 I (;C Lo )rdrny Bench $309.97 Transportation charges to ship current 3490 from City lIall to Police Dept $430.00 The above prices are exclusive of any npplicable taxes and are subject to change depending on the machine availnbility as well as current market value. Additional terms and conditions nre included in each contract. I thank you for your consideration or ¡ntl. Should you have any ~uestions please do not hesitate to call me at 305-493-5614. Sincerely, £:/33------ . ------.... t¡:"-~ David G Hamm Client Representative US Marketing & Services . SENT. BY: XEROX Telecopìer 7017; 6-15-95 ; 5:22PM; -+ 407 243 3774;# 2 DKfA - ~d -- - ..........- - - - -- - ; ~ - ~~" ~ COMPUTER SALES & LEASINIJ I 6/15/95 Mr·. Greg Welch City of Delray Beach 100 N.W. 1st Ave. South Delray Beach, FL 33444 Dear Greg: Datamax is pleased to extend the following proposal: 1 3490-D42 IBM Tape Drive '2 3490-2512 Autoload.rli 1 3490-9010 1 Phas. Wire 1 3490-9080 Watertight Plug 1 34190-9985 Bua and Tag 1 9406-2644 ':rape Attach It'eature TOTALt 833.120.00 , Our quote includes freight and installation. Also inoluded is deinstallation of ourrent 3490-D41. Freight and in$tallat on of aame at police headquarters across the st~eet. The equip and installation would be guaranteed acceptable for' IBM maintenanoe. ' This proposal is subject to change accepted a er 6/30/95. .......\ i I I \ , Salea 990 South Rogers Circle, Suite 2, Boca Raton, Florida 33487 Telephone (407) 994-1250 Fax (407) 9~7~6411 . ,- . MANAGEMENT DYNAMICS TECHNOLOGY GROUP, INC. 1100 Park Avenue Boca Raton, Florida 33486 . (407) 362-7712 ? f' ( ':'i ,: March 31, 1995 Mr. Richard Zucarro City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Dick: Per our conversation yesterday, here are the new prices for the IBM 3490/D42 Tape drive we discussed back in October. Again this drive is used, but is unconditionally guaranteed for IBM Maintenance Certification. I am again including transportation, installation and the move of the 3490/D41 to the police department. Please call me if you have any questions. EOUIPMENT DESCRIPTION QTY LIST PRICE YOUR PRICE MMMC IBM 3490/D42 Tape Drive 1 $ 104,850. $ 27,500. $531. (Used, 36-Track, 2 Drive, (2) 6 Cartridge Autoloaders) 9406/2644 34XX Attach. 1 $ 4,635. $ 2,950. N/A 2. L <I ~'I N/A $ N/A Installation Charge 1 $ 750. Transportation Charge 1 ,$ N/A $ 750. N/A TOTALS $ 109.485. $ 31.950. $531. Dick, availability on these tape drives is a little tight and we need a full 30 days from the order until installation. Please let us know if there is anything else we can do to help. Thank you for your interest in Management Dynamics Technology Group and our products. The City of Delray Beach is a very valuable customer. Very sincerely, Kei h H. Holcomb President · ðT Agenda I tern No.: AGENDA REQUEST Request to be placed on: Date: JUNE 30, 1995 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: JULY 11, 1995 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUNT HOPE94-5 264 N.E. 14th Street $17,356.00 HOPE94-4 511 Angler Drive $23,084.00 HOPE94-3 5072 N.W. 5th Street $13,713.00 (Example: Request from Atlantic High School for $2,000 to fund proiect graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF HOPE 3 HOUSING REHABILITATION PROGRAM AND CONTRACTS AWARDS FROM ACCOUNT# 118-1922-554-49.19 AND ACCOUNT #118-1974-554-49.19 GRANT AMOUNTS INCLUDE CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ., /7 Department Head Signature: ~~~---- ~ City Attorney Review/ Recommend~tion (if (PPliCable): Budget Director Review (required, on all items involving expenditure of funds): ~~ A»~~ ~ /ÝO~ - Funding available: Q/NO~;'~~~ -;-~/-"ð: Funding alternatives: u/n- (i applicable) Zi ""'1"-1"1' Account No. & Description: Account Balance: -07 - íf3dp ~ ~ II e -'/922 S 5' tr 3 / 30 g'z. Ifg-- 19¿2-SS"' <¡-C¡/9 City Manager Review: -m~ . ~/~/"tÇ- Approved for agenda: @NO f!It1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David Harden, City Manager Thru: Lula Butle,. Community Impwvement Directm ¡jJ From: Dorothy Ellington B f Date: June 30, 1995 Subject: HOPE3 Rehabilitation/Commission Agenda Request ITEM BEFORE THE COMMISSION This to request approval to award contracts for the Rehabilitation of three single family housing units owned by the City under the HOPE 3 Home ownership program. The three units are: 264 NE 14th Street 511 Angler Drive 5072 NW 5th Street BACKGROUND Commission approved acquisition of these properties in December 1994 according to City policy and federal regulations governing the HOPE 3 program. The units were purchased with the intent to rehabilitate them for resale to low/moderate income home buyers. The resale price will be based on the appraised value after rehabilitation. The following are the results of the appraisals as compared to the purchase price: Purchased Appraisals 264 NE 14th $40,918 $60,500 511 Angler Drive $40,611 $70,500 5072 NW 5th Street $41500 $59,000 We expect to sell the properties at appraised value. Applicants are in the process of securing financing through various private lending O/~ . institutions. Now that we have appraisals, we can now enter into contracts between the City and those qualified potential buyers. RECOMMENDATIONS Staff recommends approval to award the bids as follows: Address Contractor Bid Amount 264 NE 14th Avenue Henry Haywood $16,530 5072 NW 5th Street Alpha Ultra $13,060 511 Angler Drive Alpha Ultra $21,985 " M E M 0 RAN DUM TO: JOE SAFFORD, FINANCE DIRECTOR FROM: DOROTHY ELLINGTON, CD COORDINATOR THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTORL~ DATE: JUNE 30, 1995 SUBJECT: HOPE3 REHABILITATION PROGRAM Attached, please find Community Development's Housing Rehabilitation package, Bid t95-39HOPE. This package is submitted for the Consent agenda scheduled for JULY 11, 1995. This package is submitted to your office per Purchasing Policies and Procedures. HR2/PAGE2 · . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET FOR HOPE 3 BID #: 95-39HOPE APPLICANT: City of Delray Beach APPLICATION #: HOPE94-4 PROJECT ADDRESS: 511 Angler Drive DATE OF BID LETTERS: May 24, 1995 DATE OF BID OPENING: June 5, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $28,040.30 WA $27,140.30 WOA ALPHA ULTRA INC. $21,985.00 WA $21,135.00 WOA ARTHUR BADALOO $ CSB CONSTRUCTION $ 1ST CHOICE CORP $29,545.00 WA $27,945.00 WOA INTERCONTINENTAL CONSTRUCTION CORP. $23,865.00 WA $22,764.00 WOA HENRY HAYWOOD $23,914.00 WA $22,764.00 WOA PRESTON CONST. $31,195.00 WA $30,245.00 WOA RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $28,253.00 WA $26,953.00 WOA $22,800.00 With Alternate IN - HOUSE ESTIMATE: $21,800.00 Without Alternate CONTRACTOR AWARDED CONTRACT: ALPHA ULTRA IRC. BID/CONTRACT AMOUNT: $21,985.00 With Alternate Bid COMMENTS:Bid awarded to low bidder with alternate bid. BIDFORM/PG8 "' Jenkins Appraisal Services, Inc. Property (Jescription UNIFORM RESIDENTIAL APPRAISAL REPORT File No, 5171 I\:}',t:l Proven Addles:> 511 Analer Dr Cit De1rav Beach Stale Fl ZID Cod. 33444 teqllIO\::;Cfi\!ion Lot 33 Block 2 Delrav Shores I?B 24 Daae 232 CO\lI1\\I Palm Beach A""'D", .,,,., No, 12 -43 -46 - 07 -01- 002 - 0330 Tu Year 1994 R.E, r"., 872.39 Snec¡at Assessments . Borrowur CUHMt Owner Ci tv of Delrav Beach Occun(lnt r lowner rlTenan' Ixlvacanl Plßotutv iiI h\:;. am)fi\lsed Ix t Fee slm >Ie I Ileasel\ß\d I PiOlect TVß9 n PUD rl COl\ocmlruurr. ¡HUDNA 0,,1v\ HOA' /Mo. Neiahborhootl or Pro"ect NameDelrav Shores ManR.r.,.nc.43/46/07 Census Tract 66.05 Sates Price $ N/A Date of Sale DesCription and $ amount olloao charQes/concessio(ls to be paid bv SElller lender/Client Citv of Delrav Beach Address 100 NW 1st Avenue Delrav Beach, Florida 33444 Appraiser Jenkins ADPraisal Service Add,... 5827 Comorate Way, WPB FI 33407 Location bJ Urban ~ Suburban IJ Rural Predominant Single family housing Present land use '" land .... chango 8um up ~ Over 75% o 25-75% o Under 25% occupancy PRICE $ 1000) AGE IVrs) Onetarnily ~ ~ Not tì}l,ely 0 Ul<elV Growth rille o Rapiu ~Slilble o Slow ~Owner ~ low 10 2-4falJlily L- o In process Plopelty values OIJlcreélSing ~Stable o DeclillinQ o Tenant 90 Hi h 3S Multi-family ~ To; Demand/supply o Shortage ~ In balance 0 Over supply ~ VacanIIO-f)%) 1\~\{Wr~t?d Predominanl F\\~{(frd Commlt/cial 5 Ma,ketlnQlime Fï Under 3 nlos. g 3·6 11105. n Over 6 mos. I n Vacant over 5% 165 30 IVacant 15 Noto: Race and tho røcial composition (I' the ooighborhood are rool apptaisal 'actors. Neighbolhood bounuafitls emu charilclaristics: Atlantic Avenue north to Delrav Beach/Bovnton Beach border Seaboard Coastline RR tracks west to Lawrence Road Factors Ihat aUect Ihe malk¡;:labililV of (he propefUes in Ihe neighbOlhood (proximitv to employmenl and ðl11enHies, employment stabililV, appeal 10 markel, elc.): This is an established residential area in the western Delrav Beach area. The maiority of land uses are sincrle famdlv residential with some mu1tifamd1v r..sidential in the northern nortion of the neiqhborhood. Commercial land uses are found a10nq the maior roads. such as Atlantic Avenue Conqress Avenue and Lake Ida Road. The location is convenient to the City's employment and shonnincr areas, as well aø parkø and other public øervices. Mar¡;u( t:ondÍliol1s in Ihe !oubject neighborhood (including stJpport for the above conclusions related to the tnmd of property véllues, demand/supply, and marketing t¡lntl . such as dala on competitive properties lor sale in Ihe neighborhood. description of the prevalence of sales and financing concessions, ete.): Values in this area have remained relatively stable during the past øeveral years. Financing is primarily conventional, FHA, VA and other aovernment-subsidized loans. Some arowth is takina Dlace in the northwest Dortion of the neiahborhood where vacant land existø. Renovation of existina houseø is takina Dlace in the sub;ect's immediate area. ProjOCllnform81ion 101 PUDs III applicable)--I, the developerlbuilder in control of the Home Owners' Association jHOAI1 U V., U No Approkimal8 tOlal number ot units in Ihe subject project NA Approximale lolal number of unils for sale in the subject project __. Describe common elemenls and recreational facilities: Olm.n,'on,75 X 100 X 77 X 100 ,more or lesø Topography Level above road arade She A/ea 2L840 more or less (per pub. rec.) Corner lot DYes ~NO Size Average SPElCUIC lOlling cloIssific81ion aluJ description R -lA-B Sinale Familv Residential Shape RectanQ'Ular ZonlOg compliance ~ legal o legal nonconforming IGlalUJfathered use) Dllleya, o No zoning Drainage Appears adequate Hightail &, be:>t IIse as Improved GfI PrBsenl usa o Other use lexplainl View Residential Utilities Public Other Off,site Type Public Private Landscaping TvDical Improvements Driveway Sutlace Asphal t Electricity ~ Street Asphalt ~ 0 Apparenl Easements Typical -- Gas 0 Curb/Gutter None 0 0 Water ~ Sidewalk None 0 0 FEMA Special Flood Hazard Area ~ Yes ONo Sanitary Sewer §I Street lights Electric ~ R FEMA Zone A-7 Map Date 10/5/82 Storm Sewer X Allev None FEMA Man No. 120192 0205 B Commentstapp¡uent Bd....erse tasemenls, encroachments, special assessments, slide ¡¡re85, Illegal or legal nonconforming zoning, use, etc.: No W1usual easements or encroachments were noted at the t~e of inspection. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units One Foundation Concrete Sleb Yes Area Sq, Ft. N/A Roof 0 No. of Stories One Exterior Walls CBS Crawl Space No % Finished Ceiling __0 TypolDot ,/At t.)Detached Roof Surface Conc. Tl Basement None Ceiling Walls 0 OCSiUfl (Slyle) Ranch___ GuttuUi ðI OwnSIII$. None Sump Pump None Walls Floor .__,~O flCisting/PlofJo::;eú Existincr Window Type Alum Awn Dampness No Floor None 0 Age (Yrs,) 1L-_ Storm/Screens Shutters Settlement TvDical Outside Entry Unknown ~ Eff~cljvl!I AI C IV,s.} 15 Manufactured HoustN' A Infestation None ROOMS Fover Livino Dinino Kitchen Den Familv Rm, Rec, Rm, Bedrooms # Baths Laundrv Other Area So,Ft. Basement N/A Levell 1 1 1 3 2 1 1 524 Level 2 Finished area above arade contains: 6 Rooms' 3 Bedroom!sl, 2 Bath sl: 1 524 Souare Feet of Gross Livino Area INTERIOR Milleri8ls{Condillon HEATING KITCHEN EQUIP, ATTIC AMENITIES CAR STORAGE Floors CT CDt/Gd Type Wall Unit RefrÎgerator ~ None ~ Fireplace(s) # 0 None 0 Walls I?lstx:.~ Fuel Elec Range/Oven ~ Stairs 0 Patio 0 Garage 'of Cars Trim/Finish Wood/Gd Condition Gd Disposal 0 Drop Stair 0 Deck 0 Attached _ Bath Floor CT/Gd COOLING Dishwasher 0 Scuttle 0 Porch Front, open ~ Dotact'led - Bath Wainscot CT /Gd Central Fan/Hood 0 Floor 0 Fence Chain Link ~ BuUt-ln - Doors Wood/Gd Other 2 wall units Microwave ~ Heated R Pool R Carport L- Condition Gd Washer/Drver n Finished Drivewav 1 Addition..1 features (special energy efficient Ilems, etc.I:Roll-down shutters on all windows. rear yard is fenced with a four-foot hiah chain link fence. Condilíon of IhtJ improvømOIl!S, depraciation (physical, functional. and external!, repairs needed, qualitv of c0l1slruclion. remodeling/additions, etc.: The subiect was a raised.subiect to. completion of stated repairs and renovations. Upon completion, the subiect should be in qood condition. Adverse environmenral condirions (such as, but nOllimlled to, hazardous wðsles, toxic subslances, etc.! present in Ihe Improvements, on Ihe site, or In the Immedi",te vlclnily 0' Ihe subject properlY: None noted F,eÚ¡JID Mar: FOHn 70 6-93 MCS, Richardson, TX 75081 (214) 699-7783 Pøge 1 01 2 fDnnle Mile Fmm 1004 6-93 Jenkins Appraisal Services, Inc. UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 5171 - - - - - ESTIMATED SITE VAl UE , ., ,." ""...,.".', = $ 15 000 Comments on Cost Approach (such as source of cost ESTIMA TED REPRODUC1ION COST NEW OF IMPROVEMENTS: estimate, site value, square foot calculation and lor fWD, Dwelllf'g _ ,_ ,1,224 54, Ft. @ $ 38 = $ 57 , 912 VA, and FmHA, the estimated remalllmg econonllc life of Porch _124 Sq Ft. @ $ 15 = 1,860 the property): The lot value was abstracted = from recent sales of imnroved J Sarage/Carport 284 Sq, Ft @ $ 20 = 5 ,680 orooerties as no vacant lot sales were Total Estlmaled Cost New,..,.,. "....,. = $ 65,452 found. Cost fiaures were based on the Physical I ~unctional I External Marshall Valuation Service and the Less 25 % 0 0 aooraisers' exoerience and ;udament, Depreciation 15 246 = $ 15 , 246 Deoreciation was based on an economic Depreciated Value of Improvements, , " ".,... .." = $ 50 206 life of 60 vears, __ "As IS" Value of Site Improvements ."." " ,,'," ~ $ 5 000 INDICATED VALUE BY COST APPROACH, , ",' = $ 70 206 ITEM I SUBJECT I COMPARABLE NO, 1 COMPARABLE NO, 2 COMPARABLE NO 3 511 Angler Dr 13806 Davis Road 2402 W. Lake Ida Rd. 550 Angler Dr Add'", Del Delrav Beach Delrav Beach Delrav Beach P'O<lm,w,oSu",,' 1 Block NE 2 Blocks N 1/2 Block W S.I"P,,,. 'N/A . ;::'1,60,000 '62~ '72. P",.'Gw"LovA!oa $ r/I,53.67 ,41.84 r ,57.74 rill D",,,.d'o< Inspection Buyer/ISC/Pub. Rec. MLS/Broker/ISC/Pub Rec MLS/Broker/ISC/Pub Rec Ve'"C¡;¡IOI~~_ VALUE ADJUSTMENTS DESCRiPTION + $ Ad ustmenl DESCRIPTION + $ Ad uslmenl DESCRIPTION t' 1$ Ad USlment Salos or FIrI",nclIli;j Conv . Mgt . FHA FHA coo,",,"",,, _ I S30 000 ~~ -1 200 71 932 -1 400 D."of~!!.'!L__ 2/95 5/95 1/95 _~____ 10'""0" Averaae Averaae Inferior +3 000 Averaae ,___ lltilsoI\Oldfu~_ Fee Fee Fee _ _ Fee __~~_ ________ ~ Su, __ __ _ _ 7 ,840 sf 10 018 sf -500 8 712 sf 7 ,500 sf ~ __, _ ~__ _ Averaae Averaae Averaae Averaae ,__ Oesi<1f\ and Anllcal Averaae Averaae Averaae Averaas Qualll of COllstrlJ!,;IIOfl Averaae Averaae Averaae Averaqe ~___, 38/eff 15 21/eff 20 \ 37/eff 20 \ 10/eff 10 \ _ on","on Good Averaae / 10 000 Avera.-re / +10 000 Inferior / -2 100 Above Gr~:---- Tutcil I BJrll)S I Baths TOlal I Bdrn\s I Baths TOlal I Bdrms I Baths Tolal I Bdnns I Baths Room Count 6 13 ! 2 6 13 12 6 13 12 6 13 12 G,o..L""'''A<e' 1 524 s".Ft L118 S F< +8 100 1 482 S".F. 1 247 S Ft +5 500 Basemenl & FUlIshod None None None None Rooms Below Grade None None None None FunctlOn..1 Uutllv Averaae Averaae Averaae Averaae ___ -,'.."ng'Cuul",,, 2 Wall Central -3 000 2 Wall Central -3 000 Enllruv ElJlclcnlllt!rn~ ¡ Tvnical : TvDical I TvDical TvDical G...".IC.. '0" 1 Caroort 2 Garaae -4 000 1-car Gar -2 000 1-car Gar -2 000 Po,,/¡, P.uo, D'" Front porch 2 open patios -500 Fnt, rear pch -500 Sml fnt porch 500 F(J lólcelsL elc Inf. Lndscn +1 000 Fence Pool elc Fence rear vd Fence rear vd Fence rear vd Fence rear vd -;,;-:,--:;-~ 10 100JlJìll: 9 300~ 500 Adusled Sdlas Price 0' Comp."bl, . 70 100 $ 71 300 ,70.500 COmm6n1S on Sales COIHJaflSon h(\çlul.hng the subject property's compatibility to the nelghbofhood, ete). ( . . .. See Addendum.) This Annraisal is sub;ect to camnletion of all items listed on the Bid Soecification Sheet: File #94-004, dated 2/22/95. A copy of this sheet is contained within the aporaisa1 file for thiS,_nronert . ITEM SUBJECT COMPARABLE NO, 1 COMPARABLE NO.2 COMPARABLE NO, 3 Data,P,ke3ndO;.¡la $41,000 on None None $51,000 on SOUfce tor pour satu~ 4/95 11/94 - sale reflects wllhm year of ai1pralsaI rehabili tation AnalysIs 01 any current a{rr:refflenl of sale, option, or listing 01 ¡he sutJec' property and analysis of any prior sales 01 SUbtH.::t and comparøbles w¡lhln one year 01 the daHI 01 appralul The annraisers know of no current contract or listina of the sub~ect. However the owner is interested in rehabilitatinq the propertv and sel1inq it. INDICATED VALUE BY SALES COMPARISON APPROACH, . , . . , , . , , . . . . . . . , , . . , . . . . . , . , . . , . . . , , ' , . , , ' " $ 1JL 500 INDICATED VALUE BY INCOME APPROACH II Aoolieable) Estimated Market Renl $N/A IMo )( Gross Re'U MI,ltJ}lIerN/A = $ Tt1e appraisal IS maue U "as Is" lKJ subject to the repairs, alterations, InspectJons or conduio(\s hsted below U subject to completion per plans and specIfications Con"".on, 01 App..,,,I ,The aooraisers are not responsible for conditions that were beyond normal aopraisal exoertise. No surveY, termite or structural recorts were suoolied to the aooraisers. ."..1 R"oo"h,uoo Greatest weiqht was qiven to the Sales Comparison Aooroach as it represents the actions of typical buyers and sellers. The Cost Aooroach was considered suoportive, Inadeauate data exists from which to base an Income Annroach. conditions, and mark.H value definItIOn that ate stated In the attached Freddie Mac Form 4391Fannle Maa Form 10048 tRellised 6 /93 I. I (WE) ESTIMATE THE MARKET VALUE. AS DEFINED. OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT. AS OF June 13 , 1995 . }WIIICH IS THE DATE OF INSPECTION ~THE EffECTIVE DATE t+HIS REPORT) TO BE $ 1.Q..~_, 11-- /. L.i;(?/ W ~'J""'''~". . Sìgnalure -I/"" /-". t,.~_"'·.. Signature /ï II _ Á-\ '.If I ,(1,. ·'1 DOld GaOldt~ot NðmeJ. L,.wrence Meltze,:;'/ Ne.mePiane Jenkins MS,)! Ins.pect properly D¡lte Rt!Jon Signed June 16, 1995 Date Report SIgned June 161 1995 StDte Certilicalioft I State Certified Gen. State Fl State CertillCðlion ,State Certified Gen. SI81e Fl Or Stale lIcenso' R. E. Appraiser 0001242 Stale Of State license' R. E. ADoraiser 0001188 Stalll Freddlll Mac Form 70 6·93 MCS, Richardson. TX 75081 !2141699-7783 Page 2 of 2 Fannlll Mae ForlY) 1004 6-9:) Jenkins Appraisal Services. Inc. File No. 5171 SALES COMPARISON ANALYSIS ---. ...---.-...- -- _ .--- - -- The urmer!òigoed has fedt'&d \tun recent nløs of PfOptHlI&s most t>Îm¡\¡1 and plQJI,lmate to subject and has ccmsldered these in the market analysis "The description includes a dollar adjustment. rfJflccling rna,kel reac.tion 10 those IIams of slgnillcanl vlrlatlon bulween the subject ilnd comparable prOpOtlÎes. If a significant ilem In the compatable property Is sl/perlor 10, or more favorahre Ih.m, IIII~ SIIIJjl(.1 ¡JfOlurty, a minus II edUSI1118f1t 1$ made, lI.us reducing Ina Indicated value of subiocl; It a significilClt item In the. cumparable Is Infcrlor to, 01' \ü5s h,VOIl.b\ø than, the &ub!\)c\ prop!,!rly. .. 1)!ItS ( I ¡¡djÙ511J1(l1t Is ffiøde, thus Increasing the Indicated value of Iho subject. _ITEM,___L . SUBJECT ì COMPARABLE NO, 4 COMPARABLE NO, COMPARABLE NO. -~-- J m Ant Dr I;;' r: An", .....'""< Delrav Beach -- Pru)lÌJnil to Sulojcct 1 2 W ·····'···············.;%·;1, Si)les Priel:!" .. 65 000 , Price/Gross Uv. A;ca $ --rJ1 $ 56. 72 rïlWti~:ii¡¡~:~:::r;:;;;;:;::::;;::::;·:·:· , 1Il1{......... {.........'....."............. , I Data iilO/.JIOI MLS/Broker/Pub Rec VefÌlIcalÌfJlI Sowce VALUE ADJUSTMENTS DESCRIPTION + 1-1$ Ad ustrnent DESCRIPTION + - .. AdiYs.lmen OE$CRIPTION + U$ Þ.ð·us.\men\ Sales or Finaocillg Conv. Mgt. Concess.ions ~52 000 DOIte 01 S<llefTirne 9/94 -- location Averaae Averaae '-- leaseho\l/Ftw 5im . Ie Fee Fee Site 7 840 sf 8 712 sf View Averane Averaae - De:>i nand Am'cal Averane Averaae Qualitv 01 ConS!ru(;Üon Averane Avera<1e A. -- 3B/ eff 15 22/eff 16 +1 000 ~--- Avera....e Averaae Above GI ado Tot<lll Bdrm;T Baths TOlal-r BdrrnsT Baths Tolal ! Bdrm;T Ballls Tolal r BJI/ns ¡ Baths Room Count 5 II ì2 6 Il- 12 I ¡ r I Gross Uvill( Area 1 584 Sn. Ft. 1 146 Sn Ft. +8 800 5n Ft. S FI. Basement & Finished None None Rooms Below Orade None None Funcljoncrl Ulititv Averaae Averaae Healin ICoolinn 2 Wall Central -3 000 Eruunv Ef!icierl\ Items Tvnical Tvnical Galano/Carnoll 1 Ca~or;: 1-car Gar -2 000 Porch, Patio, DeGk, Frnt porch Sml patio Fireplace(sl. tltc. Fence Pool etc. Fence rear vd No fence 500 ""'"..""~. "oor-- r- Adjusted $alu:s Price O'CM'~ÐW8 $ 70 300 , Date, Poca and Dilta $41,000 on None Sowce IOf Imor salas 4/95 whh¡n year of appraIsal Addilionat Comments \ MCS, Richardson, TX 7508112141699-7783 MCS FOIIll VAC SKETCH/AREA TABLE ADDENDUM FileNo: 5171 S Borrower/Client U City of Delray Beach, B Property Address J 511 AnGler Drive E City County State Zip Code C Delrav Beach Palm Beach FI 33444 T Lender 21.4! Fomly R<x:m 10.6' 10.6' I M 15.6' 11.1 ' p R Bedroom 0 V Kitchen E Living M Bedroom E 22.4' N T 18.8 S Utility 6.6' Both 44' S ------- K E / T Bath C H 21 .2' 28.2 Bedroom 13.4' 15.9' SCALE: 1 Inch = 12 teet AREA CALCULATIONS SUMMARY LIVING AREA CALCULATIONS A Area Name of Area Size Totals Breakdown Subtotals R GlAI First Floor 1523,64 1523.64 21.40 X 26.40 564,96 E POR Porch 124.08 124.08 15.60 X 15.80 246,48 A GAR Garage 284 . 08 284 . 08 11.10 X 44.00 488.40 C 13,40 X 6.60 88.44 A 4.80 X 28.20 135.36 L C U L A T I 0 N S TOTAL LIVABLE (rounded) 1524 1524 MCS, Richardson, TX (214) 699-1783 APEX II Form 2738 ;:''::;;;'''( "-.., 1~'I' '¡""]II; ''t:. "1'0""'1'=-'1'" èf.I~.' ' .~~,:< ~.\~ ~' .:. ::: ::::=~. I :: I , COUISK -.j .~',". - I' a;." .. :=:,¡;':: '-- i ,._~-~""".. ¡\.'-~_,,-".---._----- ::!!:.....\~ _I! "¡:¡: CnJ, j . . -.. ::::::.:::::: : ~!",_ "-III ,-~~cœUU¡'1 ~~ . .... .. ð, ¿-.~ -' ~~\," '" ~;;< I' ~'!;"'~ ¡",,' ~': . 'If¡,,: -' l' ^= . 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".:"'"'"'"",," ../' =1.", , Ll!L ...... -..- \ ,'. ~--:, ". ,~. 1I"~ '.'i.', '1Iõò.-11-",-- ~ :. r__ '";"~~'I . - 1 :. ¡¡¡,:¡. . ,L......µ -'!'-' ...... ~ I~" ~ ':'~""~;/ '_. . ::';itt~~'Y1' . ... ¡.. J ~ ~- n '-' ~~ Ii ""eooo':. 1------ ----, þ~' IL-J:L ti ~ l¿;r, L;f.!~~ < 'H"- II S' "'YO . ',¡ .TO .~'~- ~.~ ~ ..., '<J ,iI ..~'l ,. ~. .!.J(M ' ! !~"'" ...._'" ~ h' e.. ~ ----.-- \ _________ ,. '1"1-. a _~l ,.' ¡:.;. ~ 0...··...... C-" ð It Jill'." ,; I ..~ 1/.<1;:, .~J;ö3 ....~.... . \ .. . ~íU ~.¡¡,¡~I L..·..D l'~!:øJ'~ 'F.' ~ .': 1, r ~. ~ /.......~' ¡,; "\i!!! '<oj' . . ! ~ "r--= ¿:£ ¡ ¡' rA-........ ~I~&;::; ':.o:p (/ . ~ j~'~ 'l~"".IW.w__- tj k_~~__ ~_ ~ L_L_ _1J1.~ ~ ~E,",..O.fftIeI.1IIC CCO","IQtfTI'" rLOcation Map ) ) CD ~ ,. ::> .. -= .. \ v ï ~ (1'. I \ (~ ~ ~! ! w w ~ (/),~ (/) ',. c:( , c:( . :J: ¡. :J: i 0.. ~ 0.. ¡. W W :.: :.: c:( ..J LA K E RM DELRAY SHORE PROFE&SIONAl PLAZA CONDO . ~ . . 'S >. P~C CD 2° DI (2 .....1.....0,........ 1ft,. CCO.......OHJ1..' Plat Map " CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET FOR HOPE 3 BID #: 95-39HOPE APPLICANT: City of Delray Beach APPLICATION #: HOPE94-3 PROJECT ADDRESS: 5072 Northwest 5th Street DATE OF BID LETTERS: May 24, 1995 DATE OF BID OPENING: June 5, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $18,377.00 WA $17,477.00 WOA ALPHA ULTRA INC. $13,060.00 WA $12,210.00 WOA ARTHUR BADALOO $ CSB CONSTRUCTION $ 1ST CHOICE CORP $18,565.00 WA $16,965.00 WOA INTERCONTINENTAL CONSTRUCTION CORP. $15,455.00 WA $14,355.00 WOA HENRY HAYWOOD $19,125.00 WA $17,925.00 WOA PRESTON CONST. $19,775.00 WA $18,575.00 WOA RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $17,482.00 WA $16,182.00 WOA $13,170.00 With Alternate IN - HOUSE ESTIMATE: $12,170.00 Without Alternate CONTRACTOR AWARDED CONTRACT: ALPHA ULTRA INC. BID/CONTRACT AMOUNT: $13,060.00 WITH ALTERNATE BID COMMENTS: Bid awarded to low bidder with alternate bid. BIDFORM/PG8 Fr.ddle Mac Form 70 6-93 MCS. Rich.refton, TX 75081 (214) 699·7783 Peg. 1 01 2 Fa(tnl. Ma. Form 1004 8-93 -- --- --- ....-.-- '\ Freddie Mac Form 70 6-93 MCS. Rlch.rd.on. TX 76081 1214) 899·7783 PaO' 2 01 2 Fannia M.. Form 1004 8·93 SKETCH/AREA TABLE ADDENDUM File No: 51 7 5 S Borrower ¡Client U City of Delray Beach B Property Address J 5072 NW 5th Street E City County State Zip Code C Delrav Beach Palm Beach Fl 33445 T lender City of Delrav Beach 12 12' - - -- I SR I Sa-I') I M 1251 Perch p I 128 R 0 Diri,.;) V i¥<o E 17,3' LR M E Ki IchEO N 2' .6' T S Fay... Bulh S K :!I E T C BR BR H 15.8 '2!:J SCALE: 1 inch ~ 15 leet -- " AREA CALCULATIONS SUMMARY LIVING AREA CALCULATIONS \, A Aroa Name of Area Size Totals Breakdown Subtotals --- R GLAl F j rst Floor 1179.30 1179.30 12.00 X 55.60 667.20 E POR Screened Porch 150.00 150.00 12.00 X 17.30 207.60 A 10.00 X 25,80 258.00 C 3.00 X 15.50 46,50 A L C U L A T I 0 N S TOTAL LIVABLE (rounded) 1179 1'179 Jenkins App;ãišãl Services, Inc. MCS, Richardson, TX (214) 699-1783 APEX II Form 2739 'harl A\Þ- Ii ,....0-.... ,.....o..UllM:Ct .-QQ ._" .......Q .- r·~lII ................. .......,l.IMlJI MI·SIIIIWlJkDr II.... C1ØILM III J "......QfWIJiIrIIII -" ...-" ...-..." ~låIllI % IJ·"""'u...... ..........UiotlA Ahon In ) aa '''- -- .....~-_._-- - - ........... 0'''''''. Iftc OCOPTJltOH1'tllJ' [IOcation Map ] - . ,. - - -~ .-.- .- OELRAY BEACH RM COUNTRY MANORS CONDOS PART I thru 8 \ r~i4c.f' ð ._--~_..."-. - -..-.. ._--- .._1".1.0.............. OÇor.flltOHT'1I1 Plat Map " CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET FOR HOPE 3 BID #: 95-39HOPE APPLICANT: City of Delray Beach APPLICATION #: HOPE94-5 PROJECT ADDRESS: 264 Northeast 14th Street DATE OF BID LETTERS: May 24, 1995 DATE OF BID OPENING: June 5, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $18,348.00 WA $17,448.00 WOA ALPHA ULTRA INC. $16,805.00 WA $15,955.00 WOA ARTHUR BADALOO $ CSB CONSTRUCTION $ 1ST CHOICE CORP $18,565.00 WA $16,940.00 WOA INTERCONTINENTAL CONSTRUCTION CORP. $17,745.00 WA $16,645.00 WOA HENRY HAYWOOD $16,530.00 WA $15,380.00 WOA PRESTON CONST. $20,125.00 WA $19,125.00 WOA RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $17,340.00 WA $16,040.00 WOA $17,050.00 With Alternate IN - HOUSE ESTIMATE: $16,050.00 Without Alternate CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $16,530.00 WITH ALTERNATE BID COMMENTS: Bid awarded to low bidder with alternate bid. BIDFORM/PG10 Jenkins Appraisal Services, Inc. Ploµerty Dt::scriptioll UNIFORM RESIDENTIAL APPRAISAL REPORT File No, 5172 f~----~-_·_··_---~- .-- hùpertyAJdres¡;264 NE 14th Street CUY Delrav Beach StateFl ZI~code33444 l,u.'O,,,,1 "u" The E 55 Ft of Lot 11 Ph.uoosa Park Section A PB 23 Daae 68 Count Palm Beach Assessor'SPdlcdNo 12-43-46-09-19-000-0111 TaKYear 1994 RE Taxes $1,173.59 SPtJctalA$sesSmenls $ Borro.....er City of Delrav Beach CurrenlOwner City of Delrav Beach Occupant nowntlr nTenant Ixlvacant PrODsrtv fI( Ills ¡JDI)r¡tlsed xl Fee slmale I Ileasehold I Pro ect T'o'06 rl PUQ n Conuomlnlum HUDNA onl'o'l HOA $ IMo Ní:unhborhood or ProtJct Nanll!Plumosa Park Section A Map Reference 43 -46 -09 Census Tracl 65.02 __ Sales Price $ Dale of Sale Dt:scnpllOlI and $ amount of loan cl1ar~es/col1cessons to be paid bv seller __ 1."dcdC".", City of Delray Beach Ad"'.", 100 NW 1st Avenue Delray Beach. Fl 33444 Ap"",,,,, Jenkins Appraisal Service Ad""" 5827 Comorate Way. Suite 206. WPB Fl 33407 lOCutIon W Ulban ~ Submban U Rural PfedDmir.alo\t S~ family housing Pfesent \and use % Land use chanQe: BUllllIJ ~ Over 75% 02575% D Un¡Jer 25% occupancy PRICE $ IOOO} AGE (yrsl One family ~ Gi] Not lIkely 0 LIkely Growlh rille 0 RdJ.IIÒ ~ Stable 0 Slow ~ Owner ~_ low ~ 2 .. tamlly 2-- 0 In process Poopcn, val,,", 0 ,,,''''''''" ~ S"bl. 0 D..""'''" 0 Te"ant . Hlnh 50 Mul" ""Hly 5 __ To O.manOI'"pply R Shu'''"' ~ '" b,I."ce R ~v" ",pply ~ V,ca""O 5%1 P""o",,,,,," t?:,?'???1 Com,,,,,c,"1 5 Marl<ell/llll1lTlt! Undcr3mo.s X 36mos Over6mos Vacant ovar5%! 75 40 IVacant 5 ___ NUle fWcu and the rac~ COOIJJ05ltJOß of th8 neighborhood are not appfai$al factors NelijhbOlhood boulldanes and char¡¡cleriSUCs. NE 22nd St on north NE 8th St on south Swinton Avenue on west and FEC RR tracks on east. This area is qenerally residential with few commercial uses. ___________ Fac(urs Okl( <l1I1:<.:lll1e fHarket¡¡blhty 01 the propefUt;!s Ifl the neighborhood (proxllmty 10 I:Jmployment and amenllles, employment stability, appeal to market, etc ! The subiect neiahborhood is convenient to emnlovment centers and all services and conveniences. The area is in northeast Delrav Beach and plumosa Elementarv School is within the neiahborhood boundaries. Atlantic Hiah School is iust north of the neiahborhood. \ competll.vl! prop(;rHCS for 5ülo in the neighborhood, descrJpllon of the prevalence of sales and financing cotlce!:ìslons, ete I Market conditions have been stab:t..ê.... in the sub;ect neiahborhood in the Dast several years. This is an established residential area with little vacant land for new development. The maiority of the houses are approximately 30 to 40 years old but most have been well maintained with renovations made when necessarv. Values have remained relativelv stable. PrDloct Informalton 'Of PUDs (II applicable) Is the developer/bUltder In conlrol of the Homo Owners' AssocIation (HOAI? U Yes ~ No AµP10)'i\!näU~ tutill nUt11ber 01 units In \hl! subject pfDlect , Ap-pfQXlmat9 total numbel 01 umts fct sale II) the subject pfOjeçt Descrtbe common elemenls ¡md recrl;!auona facihtles 0"".",w",55 X 138 X 55 X 149 Topography Level above rd a:J'ade 511e Area 7,893 SF, more or less Corner lot 0 Yes Gi] No Size Tvoical SIJC(:II(; lUning CðS¡O,"CöIIOIl (lnd dOScflpUon R-1AA Sinale FaInilv Residential Shape Rectanaular Zunll\g cUlnµliönce ~ legal 0 legal nonconformmg IGrandlathered usel 0 Illegal 0 No lOnlng Drainage Appeared adequate Hluhesl & bcst II::.e as Improved ~ PIt)sent use 0 Other use (explaml View Residential , . Landscap,ng Averaae Utilities Public Other ~~:~~ements Type Public Private Driveway Surface Brick ElectricIty G£] Street Asphal t ~ 0 Appaflmt Easements TvDical assumed Gas 0 Curb/Gutter None 0 0 Water ~ S,dewalk None 0 0 FEMA Special Flood Hazard Area 0 Yes ~ No Sanitary Sewer ~ Street lights Electric ~ R FEMA Zone X Map Date 1/5/89 Storm Sewer x Allev None FEMA Mao No 125102 0002 D Commðnt:o!al)partJnt advefSII Ðüsamonts en<:roachmants, spe<:lal assessmel1ts, slide areas, Hlegal or legal nonconforrmng ZOOlllg, use etc! No unusual easements or encroachments were noted durina insnection. A two-storv anartment adioins the subiect to the east. with no adverse effect on value considered to exist. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No of Units 1____ Foundation Conc Slab Concrete Area Sq Ft, N/A Roof 0 No. of Swrjes 1 Exterior Walls CBS Crawl Space No % Finished Ceiling __ 0 Type(Det.iAtt.)Det Roof Surface COIIID Shl Basement No Ceiling Walls 0 Design (Stylel Ranch Gutters &. OWO&{.ltS None Sump Pump No Walls Floor 0 EXI!;tmu/Propúo;l)¡/ Existina Window Type Alum Awn Dampness No Floor None 0 Age (Yrs I 39 StormfScreens Awninas Settlement None Outside Entry Unknown Gf] EffectIVe Al e (y,s I 20 Manufactured HouseNO InfestatIon None ROOMS Faver L,vlna Dlnlna Kitchen Den Familv Rm Rec Rm, Bedrooms 1/ Baths Laundrv Other Area Sa.Ft, Basem"nt N/A Level t 1 A:J'ea 1 2 1 1 973 level 2 Finished area above orade contains. 4 Rooms' 2 Bedroomls): 1 Bath 51: 973 Souare Feet of Gross Livinu Area INTERIOR MaI,,,,I,,co,,"'''O'' HEATING KITCHEN EQUIP, ATTIC AMENITIES CAR STORAGE Floors Cnt Vinvl Type SDace Refngerator ~ None 0 Flreplace(sl 1/ 0 None 0 Walls Plaster/Gd Fuel Elec Range/Oven ~ Stairs 0 Patio 0 Garage , of c,,, Tnm/Flfllsh Wood/Gd ConditIOn Gd Disposal 0 Drop Stair 0 Deck 0 Attached__ Bath Floor Vnl TI/Gd COOLING Dishwasher 0 Scuttle ~ Porch 0 O".cha._ [hIlI! W;ltl~t.ul C Tile /Gd Central Fan/Hood 0 Floor 0 Fence 0 Bui!I-ln _~ Doors Wood/Gd Other 2-wa11 Microwave R Heated R Pool 0 Carport L_ ConditIOn Gd Washer/Drver FInished n Drivewa Addl!lonal learll'¡;'s (speCial tJflsrgv efficient Items. atc ¡NO special features. sub;ect to repairs and renovation of the exterior, interior. and site improvements. Upon l~'.'''n. 'h. .ub1.., .boU>d b. in .ood .o","'ion. re.."in. in on ..,...,.d e"..'i.. a e_2.L20".~ars ßnd a rernaininq economic life of 40 years. AuvcrSIl environmental condlllOns (such as, b!Jt not limited to hazardous wastes, toxic substances, atc ) present 111 the Improvements on the sue or In the unmedlate VIClIllty 01 t!- e subject property None noted. Freddie Mac Form 70 6-93 MCS, Richardson, TX 75081 {2141699-7783 Page 1 of 2 Fannie Mae Form 1004 6-93 Jenkins Appraisal Services, Inc. UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 5172 :tif:i: ESTIMATED SITE VALUE. . . . . . , , . , . , , . . . . . , . , . .. = $ 20 000 Comments on Cost Approach (such as source of cost { }} ESTIMATED REPRODUCTION COST·NEW OF IMPROVEMENTS: estimate, site value, square foot calculation and for HUD, II]; Dwelling 973 Sq. Ft. @ $ 45 = $ 43 , 785 VA, and FmHA. the estimated remaining economic life of _ Sq. Ft. @ $ = the property): The site value was abstracted ',!(" Appliances = 1,000 from sales of recentlv closed i.......roved IIi, Qarage/Carport 177 Sq. Ft. @ $ 20 = 3 ,540 Inronerties because vacant lot sales .' .....~ Total Estimated Cost New , , , . . , . . . . , . . . . . . = $ 48 , 325 were not available. The cost fim'res .; :', I Physical I Functional I External were based on the Marshall valuation Less 33 % Service and the appraisers' ;udnment Depreciation 14.661 = $ 14 , 661 and e>merience. Depreciation was Depreciated Value of Improvements. . . . . . . . . . . . . , , . . = $ 33 664 based on a total economic life of 60 '%M "As,is" Value of Site Improvements. . . ., . .. . , , . , . . . = $ 7 OOOlvears. 'A' INDICATED VALUE BY COST APPROACH . , . , , . , , . . . , = $ 60 664 ITEM I SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 264 NE 14th Street 225 NE 14th St 260 NE 14th Street 231 NE 16th Street Add,... De1rav Beach Delra~ Beach Delrav Beach Delrav Beach P'o"mil.roSub.er ." N", "~è' 1/2 block W ~oins tð W 2 blocks N Sal"P<lea $ '). 31$56 $65'" .',\J$63 p,le.IG,oullv A... $ [II $39.20 rï $63.48 r& $67.52 ~ 0." .nd/o, Inspection MLS/ISC/Broker/Pub Rec MLS/ISC/Broker/pub Rec MLS/ISC/Broker/Pub Rec Ve,lf¡ce'1on Sources VALUE ADJUSTMENTS DESCRIPTION +'.1$ Ad1ustment DESCRIPTION +/.'. Adiusunent DESCRIPTION +1.1. Ad1ustment $al&S01 flnanclOQ 53,900 conv VA Conv. Mgt. Cone...lon. Concessions -2.800 S63 240 -1 300 ':56 700 0". 01 Sale/TIm' 3/95 2/95 1/95 Loe"'on Averaae Averal'fe AveratTe Averaae le8sehotdIFee 81m Ie Fee Fee Fee Fee S~ 7 893 SF 11 250 SF -1 000 8 250 SF 11 250 SF -1 000 VIOW Averaae AveratTe Averaae Averaae Desinn and Anneal Averaae Averane AVeran8 Averaae Qualil" 01 Construcl!on Averaae Averane Averane Averaae An. 39/eff 20 43/eff 40 -, 44/e££ 25 \ 42/eff 20 \ Condll'on Good Inferior i +14 700 Averaae / +3 700 Good / Above Grade Total I 8drms I 8aths TOlal I Bdrms I 8aths Total -I 8drms 1 Baths Total I Bdrms I 8aths Room Counl 4 12 11 5 I~ /2 412 11 r:; h. 11 G,o.. Llv'no A..a 973 So FI 1 449 en F' -9 500 1 024 So. F' -1 000 933 So FI Basement & FInished None None None None Raoms 8elow Grade None None None None FunctIonal Ulilitv Averaae Averaae Averaae Averaae Ha"'no~orn¡nn 2 wall units None +1 000 Central -3 000 None +1 000 Enerav Efflç\enl Itams Averaae Averane Averaae Averaae Qa<.o./C"oo<t 1 - Carnort None +1 000 1 - Carnort None +1 000 Pooch, Pallo, O.c'. None None Spklr System -1,000 Spklr Sys -1,000 FI"nlac.'" ate Sunerior Annl -2 000 SUDerior ADDl -1 000 Fence Pool etc 8m! rear Deh -500 N.' Ad total + - $ 3 40~ -4 600jijdt: -1 son AdJusted Sales Price 0' Comp."b'. $ 60 200 $ 60 400 . 61 500 Comments on Sales Comparison !lnctudlng the subject property', compatibility to the neighborhood, ale , (See Addendum} This aDDraisal is sub;ect to c^~letion of all items listed on the Bid Snecification Sheet: File 94-005 dated Feb. 22 1995. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARA8LE NO.3 0,,,. p"oo and 0." $39,600 - $44,700 on 7/94, Cert. None None sou,.. 10' P"or salas 2/95... $100 of Title wIthin yeat of appraIsal 6 J 9 4 No current listina or contract for sale was known bv the anDraisers. The owner D1ans to renovate the sub;ect for resale. INDICATED VALUE BY SALES COMPARISON APPROACH. , , , , , . . . . , . . , . . , . . . . . . , , , , . . , ' , . . . , , , , . . . . , ., $ 60 500 INDICATED VALUE BY INCOME APPROACH /If Annhcable Estimated Market Rent $NJA ¡Mo x Gross Rent Multi herNIA - $ \:~W~:;:~\~ The appraisal is mede 0 "as Is" ~ subject to the rept\!n, alterations, inspectlooa Of co.odltlons listed below 0 subject to completion pef plans and s.peclflcatlons. 1!¡tf Condillon. of App,.i.., ,The aPDraisers are not resnonsib1e for condi tions that were bevond normal aDnraisal jJf.~ eXDertise. No survev, termite or structural reDðrts were sUDnlied to the aDDraisers. ·W'W Fln" R.conelllallon ,Greatest weiaht was aiven to the Sales Cnmnarison Annroach as it reDresents the f~¡ actions of tvnica1 buvers and sellers. The Cost Annroach was considered supportive. "I!" Inadeauate data was found from which to base an Income Annroach. i¡:¡¡' Th. pu'pose of rhl. .pp,,'''' 'a '0 ''''mar. Ihe mao'at valu. of Ih. ..al p'op.ny rh.I I. 'h. .ublac, of Ihl. ..pon, b...d on Ih. above cond'rlon. and rho c..lllIe.rlon, eonllng.m .nd IImil'ng .J¡li¡! conditions, and market valutl deflnltiQn that ¡Ire slalad In the attached Freddie Mac Form 439/Fannie Maa Form 10048 ¡Revised 6 I 9 3 I. i:i~ I (WE) ESTIMATE THE MARKET VALUE. AS DEFINED. OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS OF : 'I June 16 ~995 A~~HE DATE OF INSPECTION AN~t;~E DATE ~ftHIS REPORT) TO BE $ 60,200 , r, ,) APPIIAISEA, (/ .L' /. / /- --' SUPERV ORV (ONLY if Rt:' o ,þ .;.:.r:::·;.: .- -.. . ,.. ,tW Slgn"u.. ( . 7 -/. <'-'<6; S'gn.ru,. /I. ç '.A -" .~ A , I., 1 0 O'd ~ D'd NOI '.)'!:t' Nam.J. t'awr£nce Meltzer/''''''''''' Nam.Diane Jenkins MsI!1 Insp... P'op.ny 1i:j~~r.i¡j Dale Reporl Signed June 16 ~5 Date Raport Signed June 16. 1995 tgi StateCartilicati..n,State Certified Gen. StataFl SIateCertlfic81ion,State Certified Gen. StataFl It@ OrStateUcense' R.E. ADDraiser 0001242 Slate QrStatellcensal General Annraiser 0001188St81e FreddIe Maç Form 70 6-93 MCS, Richardson. TX 750.81 (214-) 699-7783 Page 2. of 2 Fannie Mae Form 1004 8·93 SKETCH/AREA TABLE ADDENDUM Ale No; 5172 S Borrower ¡Client U City of Delray Beach B Property Address J 264 N,E. 14th Street E City County State Zip Code C Delray Beach Palm Beach Fl 33444 T lender 10.7' 6,7' 6.7' .. 172 Utility 5.7' I BR Bath Dining kea M p Kì tchen 1 ],9' R 0 v E 6.6' M 30' E N T s 16,1' S LR CP K E BR T c H 27' 11' SCALE; 1 in~h = 9 foet I AREA CALCULATIONS SUMMARY LIVING AREA CALCULATIONS A Area Name of Area ' Size Totals Breakdown Subtotals R GLA 1 First Floor 973.43 973 . 43 10.70 X 20.60 220.42 \ E GAR Carport 177.10 177.10 5.70 X 13.90 79,23 A 17,20 X 30.00 516.00 C 9.60 X 16.10 157.76 A L C U L A T I 0 N S TOTAL LIVABLE (rounded) 973 973 MCS. Richardson, TX (214) 899·7783 APEX II Form 2739 " P:·,~"-'~ -~\ \:" .', ~- \f ~'" . Jl·-·....... ('/flii( ,'-" 121 '3 II=i::: I ø:~: h y £~ I ~ .,~ : \) ¡"-" - : t--r ..-.-- . V~:~: I~ t~..: -. ~ ,II 'f1i ..- ... :Î~~·VJß~.DJJ ' .." t -----~-., ~"= ,"",;¡ _. 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I" . j f~ 7~ I. ...,... r\ ¡ 1# , ~ .-; ~ ..:..:, 1 . - 12. :!. , f~ u,':: t : , f Co 1-;#0 . ¡:. ~.\ I & ~ n 2' , . ; [Lj/~ I :: ~, 10 ¡, ':: I 10 !II _ .. ., .. .. .. .. .. .. .. .. ".; ~'l.... ..... ~ ~ --!!!:. ~ _-Bth----Sr--- ;,--- -NE----8th- .. .'. ) h'\. ."'1 "..J .0· ) ~.l j mI FFf'1 -1"r"PT'T"I" ~.. .. .. .. - I ~ . = .,..4-.. - ~ J ~ LLüI-¡L~dGiNt.Erjl 'A I __ w _ fit, .N,.........""" øç....,.""... ( Plat Map ) ~ Agenda Item No.: AGENDA REQUEST Date: Julv 5. 1995 Request to be placed on: ~ Regular Agenda _____ special Agenda _____ Workshop Agenda When: Julv 11. 1995 Description of item (who, what, where, how much) : proiect No. 95-05. 1995 Resurfacina Proiects. The work aenerallv consists of resurfacina Bishop Drive. Ross Drive. Ambrose Drive and approximatelv 400 linear feet of Davis Road. Also included is the complete road reconstruction of Poinsett a Drive. between Davis Road and Ross Drive. and approximatelv 700 linear feet of Davis Road. The funding sources for this project are as follows: Fundina Source Account Number Bid Amount, General Construction Fund 334-3162-541-61.17 $27,478. 9f);l.1.f. ~()¿.) Decade of Excellence II 228-3162-541-61.11~ ~:¡i, 224. 00 ~-g9. 6 6'l.ot) I The onlv responsible responsive bidder for this proiect is Hardrives of Delrav. Inc. with a bid in the amount of $63.694.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of proi ect No. 95-05, 1995 Resurfacina Proiects. to Hardrives of Delrav. Inc. for their bid in the amount of $63,694.00. 1 Department Head Signature, F~ .~.~,_~¡) ~~~s Determination of Consistency with Comprehensive Plan: - City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: @.$/NO Funding alternatives v/~ (if applicable) Account No. & Description ?3L-3IiJ;l- 5lfl-bl./7 ÇEN~ c~HnxU.c'7lIN, CNffAt- .~Q!) ..;z.'tc~5;~() ,. , Account Balance ;;¡-;;g- 316;;1- 5W - 6/./1 bECAð~ PH- 1r CM /7IItL , Ç7}f~~ Ý 533,!i;¡Q,;ry ~$ 7 (6fH , City Manager Review: Approved for agenda: eNO f7PJ Hold Until: I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved File: AG505531.MRM . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM GREENWOOD $#/ DIRECTOR OF ENVIRONMENTAL SERVICES DATE: JULY 7,1995 SUBJECT: REVISED COVER MEMORANDUM 1995 ROAD RESURFACING PROJECTS PROJECT NO. 95-05 ------------------------------------------------------------------ Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on July 11, 1995, requesting award of the construction contract for the referenced project to Hardrives of Delray, Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $63,694.00. The Engineer's estimate for the project is $63,018.00. The work generally consists of resurfacing Bishop Drive, Ross Drive, Ambrose Drive, and Poinsetta Boulevard. Also included is the complete road reconstruction of approximately 1100 linear feet of Davis Road. Hardrives of Delray was the only bidder for this project. Two other contractors, Pavex and Community Asphalt, purchased plans and specifications for the project, but declined to submit bids. Their reasoning for not bidding was the amount of other projects at the present time and the fact this is a relatively small project. Based on previous projects of this type and current market prices we feel that the price ITom Hardrives is fare and equitable. The funding sources for this project are as follows: Fundin~ Source Account Number Bid Amount General Construction Fund 334-3162-541-61.17 $27,470.00' ~ ~ t> 45": co Decade of Excellence IT 228-3162-541-61.17 .$a 6,224. 00 3'9 bbC¡, CD I Please place this item on the agenda for commission approval. Enclosed cc: Joseph Safford, Finance Director Richard Hasko, P.E., Deputy Dir. ESD, Public Utilities C. Danvers Beatty, P .E., City Engineer File: Project No. 95-05 (A) 6/3 ........ o 0 0' 0 0 0 :::::::::::::::: 000000 ~ OOOOÔOO '.:.:.:.:.:.:.:. 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I - .. <;, II , ~ ~. I I ~, .... ~, n +." ~ I I I ~ ~ '~ ..... ..... ' - u___ __ --- .... HA.'-I .." ~ ~-- 11~'\ <~ '1io\V I-U.C'~ "ON ....., HLO~ '" "-""" )01 " I / "--'- _/ - - , J.Q.ßO aYOII -- 1~ <Q:-~ :::~-- ~ ~ ,¿ . -----~----,- --- '-- .:,,-- .;~ ... ..., -- "" .!¡ ~-. , ~~ ;0 "". HUI' -.o'N í !J l' l\ i ~ 1'à § 3ntGW !!J - SS~NO:¡ :~ ,."" -." >-3 ~C:: -~~ \ - ~ -=-- I i ....0 ~/.f(O !In: "M"N - 'O·O)l , iæ ~ ~ b- '" .fJ ~ 111! ~ . ",./1. ~ ~ ~ ~. .... "--N .; -.o--N J! ~ ¡j ~ J ~ ti ::¡ i .... Hi" .... \va i -" . ~ J¿!: § <> :Jt - :J~ '1 ~ i t! ~ ... ~ -' % ... z ... -;,.~,.'I£ 0 ... ...J U ~~ ¡ ... !II ... II! -,,¡¡¡¡ § ~ .. 0, -- 8 - ~I H1_ "'^"""" L_ ..,., ; i "">'; ~ ~. LNO. ---- ä ~ ~ 0 ~ ~ [Ii ... -- " "'3Ay K1LZ JII.'''' i': 0,' ~ ! ~ ¡ !II : !II " ,~ - .:..- ..... Illj ,...., " I!: lJo -- , - Z :':0 ~ r ~ ~L.H1Od J.ÐH ¡ ¡ , "M18 .1MIOd ~ IV HLa "M'" 51 ~ ' ~ kIf ø J 11/ - ~ ~ ! L ~ .. - ,,. ...- Ii ' ~ -, :!L: ~~~ LS:IO """" " c L I DWA3lt'iOII lHDd I-IJIH ~ I i 1_ ..",. ~ I, :f !II ~ I: " -~-~... . . . 81 - . y L Agenda I tern No.: AGENDA REQUEST Date: June 29, 1995 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: ,1111y 11. 1991:) Descript~on of agenda item (who, what, where, how much): Ford F-1~n 1/7 ~on 4 x 2 Picku~ from Wallace Ford at a total cost of ~15.6q~ nn ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase from Wallace Ford at a total cost $15,693.00. Department Head Signature: ~~ ~~ 7/3/95- Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~, NO ~ Funding alternative~, '&4: (i~. L' Account No. & Description: c:i)/-?]."IL- Eft/· :,1_ 2/) ~ 1Vt-UC'111~ -Account Balance: /5/¡Î7g. " (' City Manager Review: Approved for agenda: ~ NO ~ Hold Until: ~ I Agenda Coordinator Review: Received: Action: Approved/Disapproved . - [IT' DF DELHA' BEA£H DELRA Y BEACH F LOR D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 be:d AI~America City , ~ III! 1993 Memorandum To: David Harden. City Manager a From: Richard V. Sandell, FleetlFacility Maintenance Superintendent . Thru: ((jØ Robert A. Barcinski, Assistant City Manager Date: July 6, 1995 Subject: DOCUMENTATION - CITY COMMISSION MEETING- JULY 11. 1995 - PURCHASE A WARD TRUCKS Action The City Commission is requested to make award to the firm listed below for a truck, at a total cost of $15,693. BackS!round Funds were placed in the FY 94-95 budget for vehicles for various departments and divisions under the direction of the Fleet Maintenance Division of the Public Works Department. Vehicles awarded under the Florida State Contract at $15,4~were sold out after 5/30/95. A pickup truck is available locally from Wallace Ford. Recommendation: Staff recommends award via the bid to dealer as follows: Vehicle Dealer Quantity Total Cost Ford F-1 50 1/2 ton 4x2 Pickup Wallace Ford 1 1 5,693 Total $15,693 Attachments: Memo from Public Works cc: Richard Corwin, Deputy Director Public Works /rvs 9SVEH1 S.DOC ð TV THE EFFORT ALWAYS MATTERS ® Printed on Recycled Paper . - - . [IT' DF DELRAY BEA[H DElRAY BEACH f lOR I D A 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 ........ AII·America City " III! Memorandum 1993 To: Robert Barcinski, Assistant City Manager ~ From: Richard V. Sandell, FleetlFacility Maintenance Superintendent,. Thru: Richard Corwin, Deputy Director Public Works V" Date: July 6, 1995 Subject: VEmCLE PURCHASE To replace vehicle #657 of the Street Maintenance Department, we have located a 1/2 ton Ford pickup at Wallace Ford. Specifications and cost are as follows: 1/2 TON PICKUP TRUCK 4X2 FORD F150 PICKUP $13,558.00 AIR CONDITIONING 806.00 AUTOMATIC TRANSMISSION 971. 00 EQUIPMENT PKG 630.00 REAR STEP BUMPER 100.00 3.55 RATIO REGULAR AXLE 44.00 CLOTH & VINYL BENCH SEAT 100.00 DESTINATION & DELIVERY 615,00 LESS DISCOUNTS (1,131.00) TOTAL $15,693 cc: File Irvs RBSTRT02.DOC ® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8'1V( SUBJECT: AGENDA ITEM # q. A . - MEETING OF JULY 11, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 7, 1994 Attached is the Report of Appealable Land Use Items for the period June 19 through July 7, 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. R~(}Ei()E.O ~ 4/é/) ~-() :5í CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~~~ DEPARTMENT OF PLANNING A ZONING [ao-",,, {:¿ft", FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JULY 11, 1995 REPORT OF APPEALABLE LAND USE ITEMS JUNE 19.1995 THRU JULY 7.1995 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 June 19, 1995, through July 7, 1995. BACKGROUND This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. " City Commission Documentation Appealable Items Meeting of July 11, 1995 Page 2 PLANNING AND ZONING BOARD MEETING OF JUNE 19. 1995 A. Denied (7 to 0), the temporary closure of Palm Square. S. Approved (7 to 0), the preliminary! final plat for Seaside Dunes, a proposed 12 unit townhouse development located on the east side of A-1-A south of Linton Boulevard. The Planning and Zoning Board also considered the following items which will be forwarded to the City Commission for final action: * Recommended approval (7 to 0) of an abandonment of right-of-way request for a portion of N.W. 6th Avenue lying south of Lake Ida Road and immediately west of the Community Child Care Facility. * Recommended approval (7 to 0), of an abandonment request for a portion of Lime Lane lying between Royal Palm Drive and Poinsettia Drive. * Recommended approval (7 to 0), of annexation with initial zoning of R-1-AA (Single Family Residential) and small scale land use map amendment from County MR-5 (Medium Density Residential - 5 units per acre) to City Low Density Residential 0-5 units per acre for a parcel of land located 70 feet east of Swinton Avenue and south of Tangerine Trail (if extended westward). * Recommended approval (7 to 0 ) of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for a parcel of land located at the southwest corner of Swinton Avenue and S.W. 10th Street for Full Gospel Assembly Church. * Recommended approval (7 to 0), from RM (Medium Density Residential) to GC (General Commercial) for a parcel of land located on the west side of S.W. 5th Avenue south of Atlantic and associated with the Straghn Funeral Home expansion. * Recommended approval (7 to 0), of a conditional use request associated with the establishment of a ornamental stone cutting facility, Finnish Granite Group, Inc. located on the east side of Congress Avenue, north of N.W. 1st Street. "' City Commission Documentation Appealable Items Meeting of July 11. 1995 Page 3 * Tabled action (7 to 0), on an amendment to the Land Development Regulations to replace Section 4.3.3(AA) "Adult Entertainment Establishments" to allow staff to reevaluate the location restrictions and consider separating regulations regarding adult material from adult entertainment. * Recommended approval (5 to 2 ), of an amendment to the Land Development Regulations regarding reducing the maximum height of fences in front yard setbacks. * Recommended approval (7 to 0), of an amendment to the Land Development Regulations modifying the review authority and appeal procedure, and providing clarification on various dock and dolphin standards. * Recommended approval (7 to 0) of amendments to the CRA Redevelopment Plan. * Recommended initiation (7 to 0), of Comprehensive Plan Amendment 95-2. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 28. 199§ 1. Approved (6 to 0), a request for an elevation change in the roofing material from tile to asphalt shingle for Delray Oaks located on the west side of Congress Avenue and south of S. W. 29th Street. 2. Approved (6 to 0), requests for color and elevation changes associated with awning additions at the Boys Farmers Market, located on the east side of Military Trail, immediately south of the U.S. Post Office. 3. Approved (6 to 0), a request for an elevation change associated with the elimination of a partial second floor and a change in building material from c.b.s. to metal for a proposed body shop building at the Sherwood Pontiac Dealership, located on the west side of Federal Highway, approximately 300 feet north of Fladell's Way (Avenue F). . , . City Commission Documentation Appealable Items Meeting of July 11, 1995 Page 4 4. Approved (6 to 0), a minor site plan modification and landscape plan associated with a parking lot addition at the Delray Lincoln Mercury Dealership, located on the west side of Federal Highway, south of Linton Boulevard. Concurrently, the Board approved waivers eliminating the required sidewalks along Federal Highway and Dixie Highway. 5. Approved (6 to 0), the site plan, landscape plan and architectural elevation plan for a 228 unit multi-family development for The Vinnings of Delray, located on the east side of S.W. 10th Avenue and Lindell Boulevard, south of Linton Boulevard. HISTORIC PRESERVATION BOARD The Historic Preservation Board did not meet during this period. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map "' . LOCATION MAP FOR CITY COMMISSION MEETING I OF JULY 11, 1995 L-3Q CANAL r ~-,-.-,_._.-.__...._._..._.- ~ I I i ~ § I J ~ ::J <t g :!I . ~tñ --= I ! r- lLI ! ~ ' r-----.-. ¡ ~ I¡ ! ~ '" \j\ G ; ! ~ LAKE roA ROAD . i + II r.::.:....-- . --. ..l " " L.._.__";-. j ..1., J I I I I i L..-_. ...--_..i -t-+ ~ ~2~ i ~ ~ ~ r·---I I I i Q 10 lot i § ~ ~ ! I 6 ' I laWSON BOULEVARD ØI 1REt.l ! i I i ~ j . ~ C-! . I ! i ! L J JI .' ;i ~ ~.__.- (/ ! ð 51 - n :il 11' J. i \:.J I .----.----.-....-.---.-----.......... L-JI CANAL C-15 CANAL S.P.RAS. P. & Z.: CØ'V LIIJ'S. --.---- 1. - DELRAY OAKS A. - SEASIDE DUNES 2. - THE BOYS FARUERS IlAARK£f B. - PALM SQUARE CLOSURE I 181£ I 3. - SHERWOOD PONTIAC BODY SHOP . 4-. - DELRAY LINCOLN UERCURY SCM..I 5. - THE VlNNINCS OF DELRAY N - CRY ,. DI!1MY t£ACH, A. PiNINNO DEPARIUENT -- OIGITAL SASF UAP SYSTEM -- . - . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER éiJt1 SUBJECT: AGENDA ITEM i 98 - MEETING OF JULY 11, 1995 RESCHEDULING FIREWORKS DISPLAY DATE: JULY 7 I 1995 Attached is a letter from Bay Fireworks proposing an alternate fireworks display. Their suggestion is to produce a fully choreographed fireworks program simulcast with music, the additional cost of which will be absorbed by their company. If the Commission is interested in this proposal, we need to schedule a date for it to occur. Some dates which have been mentioned are Labor Day, September 4, 1995, or possibly Sunday, October 1st, as a kick-off to the Heritage Month festivities. The major private donors for the fireworks have indicated a preference for Labor Day. Also, we asked the Chamber of Commerce to check with the merchants in the area, especially the restaurants. As of today, everyone (except the Holiday Inn) had been contacted and they also preferred Labor Day. Therefore, I recommend that our Centennial Fireworks Display be rescheduled to Labor Day in special recognition of the contributions of laboring men and women to the development of our City. ýJJ~!ð ~ & ~ 19cu¡ ,5-0 ref:agmemo8 . - . 0?-06-1995, 0E,: 35F't'1 FRO!'1 T[I 14[172433774 P. CJ2 BAY Corporate Headquarters: P.O. Box 912 Slosset, New York 11791 FlREWORIiS ~ 16~624-7885 ' 516 624-3145 FAX PlInt Facility: Schenevus, NY 12155 (ß07) 638-5001 Central Region: P.O, Sox 401. Blacl(duck, MN 56630.0401 (BOO) 566--9333 Southem Region: 4200 N. Ocean Drive, Suite "03-2, ~iviera Beach, FL 33404 (800) ~333 ! July 6, 1995 Member: . Mr. Joe Weldon Delray Beach Recrea.tion City of Delray Beach In~m.tIOl'lal 50 N.W. First AveIìue Festivals Delray Beach, PL 33444 A8$Ocitltion '!" VIA FAX: 407 243-3774 . " . . Dear Mr. \VeldoI1: . . ; R'~-T ÑiGHT~ It was good to speak with you today. I will not go over aU the issue0 we dis<.:ussed¡ but I . '.I~~,'~,~.I,.'"~,, First Nigh! would like to stat.e again how upset we all are at Bay Firevv'Orks regarding what happe¡ned at International Delray Beach this year. ISES As I told you today, I truly believe that we did a11 that we could to resolve the situation, and II as you said, you understand that we are not in business [0 f}1,ake people unh.ippy.. E'-en though this situation was not caused by \.IS, we feel a strong sense of responsibility :to the ì;,'j ~:'~'\;.';J 1;' \'11': residents of Ddray Beach, and are greatly saddened that the display ,V3S canceled. Iris our ,', ¡-::;: I. ',;, !.: \""l; ~·i: : :'""-;:,<::~~ strong de~ire to do whatever we can to turn this situation around and provide the kind of International Special Events fireworks enr.ertainment that the City deserves. Therefore, we want to offer to you aòd the SociGty . . ' people of Delray Beach the following: ~ i We will produce for the people of Delray Beach, not only the best tlreworks sho-i, they have ever seen in the City, but one that will certainly be cOIìsidered the best ever In the International entire South Florida area. The fireworks program will be fully choreographed to music and Events Group simulcast. The additional cost for tbis production wiU be our gift to tbe people of [i] Delray for the disappointment they realized on JU{Y 4t1.1. By ttu'ltillg tbis ¡Ùlo éI choreographed production and with )lour original budget of $3·2..000.00 tbis 's1JQW will now become a $47,000.00 production. Of course, a production of such magtilitude NFPA -' i will take us a few weeks to assemble, choreograph, and set up, so we only ask that your N~!i()na! date of choosing allows us sufficient productioIì time. Firf1 Protsçtlon Association "America's World Class Fireworks Specialists" Member of I~ Fes1IvoI5 AssocIOllOn, Naflona Rié f'rotec1lon .Aæoclanon. New JMéy Recreation & Port( ~101Ion. NOw '1bIIc SIote f«iIIOteaflon (YI(' ~'" r;,y.",,,, . - TO 14072433774 P.03 07-06-1995 06:36PM FROM ., J I i , I I Charlie and myself will be on site and direct the entire production, setup and firing bf the show, and I will personally handle all details from start to finish, We will produce the ¡musk for the display, using selections that I know will ::tppeal to all family members, i I Considering all of the media attention that has been generated, we arc extremely av\~re of the interest the public will have when we arc there to produce this show. You ha{re my " promise that we will m::tke this program a complete success. ! I i I thank you for your understanding, and look forward to producing THE BESTS~O"V EVER SEEN IN SOVTH FLORIDA. i I Robert A. Yale President BAY FIREWORKS, INC. RAY: 1mb . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i 9~ - MEETING OF JULY 11. 1995 WEST ATLANTIC AVENUE REDEVELOPMENT PLAN DATE: JULY 7 J 1995 This is before the Commission to consider adopting the proposed West Atlantic Avenue Redevelopment Plan. The attached staff report provides an overview of the actions taken by Visions West Atlantic I the Community Redevelopment Agency, and the Planning and Zoning Board, all of which support the plan. Also addressed are the various comments and concerns expressed by the Commission at the June 13th workshop meeting. The West Atlantic Avenue Redevelopment Plan was developed with a great deal of input from property owners I residents I and agency staffs. Everyone involved put in a great deal of effort and each compromised a bit on their original positions in order to establish a program of future development acceptable to all. With the Commission's endorsement, this community-based effort can move into the next phase which will involve a significant marketing effort to promote new business on the avenue. Recommend adoption of the West Atlantic Avenue Redevelopment Plan I and initiation of the Future Land Use Map amendments I rezonings, and LDR text amendments necessary for the implementation of the plan. ref:agmemol8 1;1 oK n1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~I~~ECT R FROM: ~EF INS, PLANNER SUBJECT: MEETING OF JUL Y 11, 1995 ADOPTION OF THE WEST A TLANTIC A VENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is the adoption of the proposed West Atlantic Avenue Redevelopment Plan. BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the City established six redevelopment areas on the Future Land Use Map. The Plan calls for the preparation of redevelopment plans for each of these areas. The primary focus of the redevelopment plans is to establish appropriate Future Land Use Map and Zoning designations, development standards, and capital improvement plans for the areas. The West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan which includes the following elements: 0 redevelopment and enhancement of the Atlantic Avenue business corridor/district; 0 increasing housing opportunities on vacant lots; 0 establishment of a Minority Business Enterprise (MBE) program; and 0 continuation of the East Atlantic Streetscape theme westerly to 1-95. Policy C-2.4 also called for a maximum of public participation in the development of the plan. Preparation of the plan was accomplished with that requirement in mind. City Commission Documentation Adoption of the West Atlantic Avenue Redevelopment Plan Page 2 The provisions of the plan are based primarily on the outcome of the Visions West Atlantic Charrette. The Redevelopment Plan was reviewed by Visions West Atlantic, the Delray Merchants Association, and the general public on an ongoing basis throughout its writing and input from those sources shaped the final form of the plan. A summary of the provisions of the Plan is included in the attached Planning and Zoning Memorandum Staff Report. REVIEW BY OTHERS: Visions West Atlantic: The Redevelopment Plan has been reviewed by Visions on an ongoing basis throughout its writing. I nput from the Visions Board and the general public was obtained through a series of well-attended public meetings and that input incorporated into the plan. The Visions West Atlantic Steering Committee voted unanimously to recommend approval of the Plan at its meeting of May 8, 1995. Community Redevelopment Agency: The CRA Board discussed the Plan at its workshop meeting of May 11, 1995 and scheduled final action on the plan for its regular meeting of May 18, 1995. At that meeting the CRA Board voted unanimously to recommend approval. The Board restated its support of the Plan at its meeting of June 22, 1995. Planning And Zoning Board: The Planning and Zoning Board considered this item at its meeting of May 15, 1995. After a brief discussion, the Board voted unanimously (6-0, Schwartz absent) to recommend approval of the plan. City Commission Workshop: The Commission considered this item at its workshop meeting of June 13, 1995. During a lengthy discussion, the Commission expressed concerns with several aspects of the plan. A few of the major concerns are discussed below. Height Limits - The Commission felt that the proposed height limit of 35' (40' for structures with residential uses on the top floor) would have a negative effect on efforts to lure developers to West Atlantic Avenue. At its meeting of June 22, 1995, the CRA Board agreed to increase the height limit for the overlay district to 48'. Architectural Review Committee - Concerns were expressed that the creation of a separate review committee for West Atlantic Avenue would cause delays in the approval process, and encumber additional staff time. Although review of projects by the ARC adds a step to the current review processes, no additional processing time .. City Commission Documentation Adoption of the West Atlantic Avenue Redevelopment Plan Page 3 will be required. All advisory reviews take place concurrent with staff review of projects. Projects in the downtown area, for instance, are currently reviewed by the CRA and DDA without increasing the processing time required. Projects in the Redevelopment Area have also been reviewed by the ARC on an informal basis for the past year without any ill effects on the development process. Neighborhood Orientation - The opinion was expressed that the plan was more neighborhood in scale than anticipated. The Comprehensive Plan Policy pertaining to the West Atlantic Avenue Redevelopment Area, which was adopted in 1989 when the Redevelopment areas were established, calls for "commercial development confined to a depth of 300' feet from Atlantic Avenue, approached on a block-by-block basis, with great care taken with respect to its effect on existing or proposed residential uses." This existing requirement works against a large scale redevelopment strategy for the area. Thus the Plan focuses on the type of development that can be accommodated on the available parcels, without resorting to strip commercial development. The Plan makes no attempt to limit the uses in the area to neighborhood commercial uses, focusing rather on the scale and physical characteristics of the structures containing those uses. The ultimate uses along the corridor will most likely serve a broader area than the adjacent neighborhood. Feasibility - Two Commissioners questioned whether the plan is feasible from a market standpoint. As a part of the development of the plan, Visions West Atlantic reviewed potential uses for the area and identified in general terms, those considered desirable and undesirable. Several months ago, the CRA contracted with Marketek, Inc. to prepare a market study for the West Atlantic Avenue area. That study is the first step of what might be considered the "Phase II" portion of the redevelopment strategy for West Atlantic. Phase I consists of the land use, zoning, and development standards included in the Plan. Phase II focuses on the hiring of a Project Coordinator to supervise business recruitment for the West Atlantic Avenue area. The market study will provide the information necessary to identify the types of businesses to seek out for the area. Safety of Parking to the Rear of Structures - Representatives of the Police Department participated in every stage of the creation of the Redevelopment Plan, from the Visions Charrette to the present. The Department has not expressed concerns regarding the safety of placing parking to the rear of structures. This type of development is successful along other parts of Atlantic Avenue, and works in other cities throughout South Florida and the country. While it may be less convenient than pulling in off the street to park directly in front of a building, the goal of the plan is to create a streetscape that is more pedestrian-oriented than vehicle-oriented. Parking lot lighting and other security concerns will be addressed with the review of individual site plans. Flexibility - One Commissioner expressed concerns that the plan may allow too much flexibility for developers, which could have a negative effect on adjacent residential areas. The plan calls for a minimum of relocation of area residents and provides City Commission Documentation Adoption of the West Atlantic Avenue Redevelopment Plan Page 4 greater protection for residential properties than existing regulations. It establishes a clear boundary line beyond which commercial uses cannot encroach. The plan will be the basis for evaluating all future development proposals in this area. SUMMARY It is important to recognize the possibilities and limitations of the West Atlantic Avenue Redevelopment Plan. Redevelopment Areas as described in the Future Land Use Element of the Comprehensive Plan are essentially areas within which the designation of a specific land use category has been deferred pending further study. Therefore, first and foremost, Redevelopment Plans are intended to establish appropriate land use and zoning categories for each area. Each of the six Redevelopment Areas are unique, and each will involve varying degrees of analysis and public input. The West Atlantic Avenue plan was developed with a great deal of input from property owners, residents, and agency staffs. Each of these groups put in a great deal of effort and each yielded a bit on their original positions, in order to establish a program of future development that everyone can live with. All those involved know that this is not the end of the planning for this area, and that a significant marketing effort is the next step. The CRA is in the process of hiring a project manager whose primary activity will be to promote new business on the avenue. The Redevelopment Plan will provide the parameters for that development. It is critical that this effort proceed to the next phase with the application of the appropriate land use and zoning designations, to take this area out of the "limbo" status it has been in for the past six years. The Commission now has the opportunity to endorse this community-based effort, and to move this redevelopment program into the next phase. RECOMMENDED ACTION: By motion: 1. Adopt the West Atlantic Avenue Redevelopment Plan; and 2. Initiate the Future Land Use Map amendments, rezonings, and LOR text amendments necessary for the implementation of the Plan. Attachment: 0 P&Z Memorandum Staff Report PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 15,1995 AGENDA ITEM: VI.A. RECOMMENDATION TO THE CITY COMMISSION' . J REGARDING THE ADOPTION OF THE WEST ATLANTIC j AVENUE REDEVELOPMENT PLAN i ~ J~ I. '. :i ~ :. ", ITEM BEFORE THE BOARD: .(.' ~; I The action requested of the Board is making a recommendation to the City Commission regarding the adoption of the proposed. West Atlantic Aveñue Redevelopment Plan. BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area which includes the following elements: 0 redevelopment and enhancement of the Atlantic Avenue business corridor/district; > 0 increasing housing opportunities on vacant lots; - 0 establishment of a Minority Business Enterprise (MBE) program; and 0 continuation of the East Atlantic Streetscape theme westerly to 1-95. The plan was scheduled for completion in Fiscal Year 1991/1992. Policy C-2.4 also called for a maximum of public participation in the development of the plan. The following is a summary of the information contained in the plan. PROPOSED REDEVELOPMENT PLAN: The West Atlantic Avenue Redevelopment Plan provides a framework for the future development of the West Atlantic Avenue Corridor. The intent of the plan is to establish guidelines for development of the area in the manner expressed through the Visions West Atlantic Charrette. VI.A. . . P & Z Memorandum Staff Report Meeting of May 15, 1995 West Atlantic Avenue Redevelopment Plan Page 2 The plan calls for gradual redevelopment with an emphasis on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue with a mix of residential, commercial, and civic functions. Development of the commercial area would take place with a minimum of displacement of residents. The Redevelopment Plan is organized into four sections: The Introduction briefly describes the settlement of the City of Delray Beach and specifically the West Atlantic Area. The factors that led to the deterioration of the structures and quality of life in the area during the past 20 years are outlined. Finally, . the section reviews past efforts to revitalize West Atlantic Avenue leading to -Íhe formation of Visions West Atlantic and the development of this Plan. The Existing Conditions section describes the Redevelopment Area in terms of the factors that affect development in the area. The definition of the area is followed by a brief description of the existing land uses, zoning, and Future Land Use designations in the area. An analysis of traffic conditions in the area, as well as the infrastructure and -a description of crime problems are also included. Finally, the section identifies a number of organizations that are currently working to improve conditions on West Atlantic Avenue and outlines the activities of those groups to improve the area. The Opportunities and Constraints section examines the relationship between the existing conditions in the Redevelopment Area and its development potential. The section outlines problems in the area 'that hinder redevelopment as well å's strengths that may be catalysts for redevelopment. - The Redevelopment Plan section outlines the framework for the future development of the West Atlantic Avenue Corridor, including the actions that the City will take to facilitate redevelopment in the West Atlantic Avenue area. A brief description of the provisions included in the plan is provided below. Future Land Use: Future Land Use Map Amendments will be processed to eliminate the Redevelopment Area #1 designation from the Map and establish the appropriate designations for all parcels in the Area. Zoning: Most parcels within the West Atlantic Avenue Redevelopment Area will retain their current zoning. However, adoption of the Redevelopment Plan will require some rezonings. The City owned passive parks located at the entrance from 1-95 will be " . P & Z Memorandum Staff Report Meeting of May 15, 1995 West Atlantic Aver'!ue Redevelopment Plan Page 3 rezoned from GC (General Commercial) to OS (Open Space). A number of privately owned parcels will be rezoned to accommodate shifts in the boundary between commercial and residential zoning districts along Atlantic Avenue. Application of GC ! zoning will be limited to approximately 300 feet from Atlantic Avenue except along NW I and SW 5th Avenue. ¡ ~ West Atlantic Avenue Overlay District: " I " While the GC district generally allows uses of a type and intensity that are appropriate for West Atlantic Avenue, the Redevelopment Plan calls for special development standards that reflect the needs and conditions of the area. In particular, it is important to prevent over-encroachment of commercial uses into established residential neighborhoods, while still providing enough flexibility to encourage comme~cial' -'i.', development. A two-tiered approach is applied to development within the 300' deep GC . zoned area north and south of Atlantic Avenue. That approach includes the following " provisions: .' ~; 0 -Commercial structures will be limited to a depth of 150' from Atlantic Avenue. Accessory uses such as parking areas, landscaping, and j drainage retention areas would be permitted in the remaining area of the GC district beyond the 150 foot limit; 0 Commercial structures may be permitted to encroach beyond the 150' line, however, any such encroachment will require the approval of a Conditional Use by the City Commission. , Other provisions that are recommended for inclusion in the West Atlantic Avenue Overlay District are: - . 0 Prohibition of a number of uses that are currently permitted in the GC district, such as Automotive Parts Sales, Lawn Care Equipment Sales, f· Contractor's Offices, Abused Spouse Residences, Shooting Ranges, Gun Shops Service Stations, and Adult Entertainment; 0 Restriction of drive-through and drive-in restaurants; 0 Allowance for a reduction of front setback requirements along Atlantic Avenue to 5 feet if paver block sidewalks are provided in the setback; 0 Establishment of an Architectural Review Committee (ARC) to review all development proposals located in the area; 0 Establishment of a height limit of 35 feet, with allowance for increases up to a maximum of 40 feet to accommodate residential units; . P & Z Memorandum Staff Report . Meeting of May 15, 1995 West Atlantic Avenue Redevelopment Plan Page 4 0 Reduction of parking requirements to one space per 300 square feet for all commercial uses except restaurants and 6 spaces per 1,000 square feet for restaurants; 0 Adoption of the in-lieu fee of $6,000 per parking space; and ~ 0 Reduction of open space requirements from 25% to 10%. ! Master Parking Plan: Based on estimated build-out of commercial areas, existing structures, existing parking shortages, and available land, the City and CRA identify target areas for Jhe development of public parking in the Redevelopment Area. Infrastructure Improvement Plan: The infrastructure improvement plan identifies areas where infrastructure improvements are required and outlines plans for construction of those improvements. The plan also identifies existing and potential funding sources for infrastructure improvements. Architectural Design Guidelines: Establishes design guidelines for commercial structures in the Redevelopment Area based on the "village-like" development scenario that was promoted by the Visions West Atlantic Charrette. The guidelines will be used to guide review of projects by the Visions Architectural Review Committee (ARC), an advisory board to review development proposals in the Redevelopment Area. - REVIEW BY OTHERS: Visions West Atlantic: The Redevelopment Plan has been reviewed by Visions on an ongoing basis throughout its writing. Input from the Visions Board and the general public were obtained through a series of well-attended public meetings and that input incorporated into the plan. The Visions West Atlantic Steering Committee voted unanimously to recommend approval of the Plan at its meeting of May 8, 1995. . , . ~ P & Z Memorandum Staff Report Meeting of May 15, 1995 West Atlantic Avenue Redevelopment Plan Page 5 Community Redevelopment Agency: The CRA Board reviewed the Plan at its meeting of May 11. 1995 and voted to schedule a special meeting to discuss the plan. The special meeting will be held on May 18, 1995. The CRA Board's recommendation will be forwarded to the City Commission. RECOMMENDED ACTION: Recommend that the City Commission: 1. Adopt the West Atlantic Avenue Redevelopment Plan; and 2. Initiate the Future Land Use Map amendments, rezonings, and LOR text amendments necessary for the implementation of the Plan. Attachments: 0 West Atlantic Avenue Redevelopment Plan Prepared by: Jeff Perkins. Planner , Reviewed by DO on: S III IC¡6 / - . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJ'IV( SUBJECT: AGENDA ITEM # qD - MEETING OF JULY 11, 1995 CONDITIONAL USE APPROVAL/FINNISH GRANITE GROUP, INC. DATE: JULY 7, 1995 This is before the Commission to consider a request from Finnish Granite Group, Inc. for conditional use approval to establish an ornamental stone cutting facility on a 1. 64 acre vacant parcel located on the east side of North Congress Avenue, north of Don Francisco's Way. The parcel is zoned MIC (Mixed Industrial and Commercial) District. The current proposal is for construction of a 25,000 square foot industrial building to accommodate a 12,500 square foot ornamental stone cutting facility, with tenant space (permitted uses) in the remaining 12,500 square feet. Approximately 7,500 square feet of the stone cutting facility will be dedicated to storage. An additional outside storage area is proposed at the northeast corner of the site. All work is to be conducted inside the building. At its meeting of June 19, 1995, the Planning and Zoning Board unanimously voted to recommend approval, subject to the following conditions: (1 ) approval by the Site Plan Review and Appearance Board of a site plan in general conformance to the submitted sketch plan and meeting all LDR standards, and (2 ) provision of adequate screening for, or deletion of, the proposed outside storage area. Recommend approval of the conditional use request for Finnish Granite, based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5 (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the recommendation of the Planning and Zoning Board. . " oK ~ CITY COMMISSION DOCUMENTATION TO: OVID T. HARDEN, CITY MANAGER THRU: FROM: SUBJECT: MEETING OF JUL Y 11, 1995 CONDITIONAL USE APPROVAL FOR ESTABLISHMENT OF AN ORNAMENTAL STONE CUTTING FACILITY (FINNISH GRANITE). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a conditional use request for the establishment of an ornamental stone cutting facility (Finnish Granite), pursuant to LOR Section 2.4.5(E). The subject property is located on the east side of Congress Avenue, north of Don Francisco's Way. BACKGROUND: The subject property is a 1.64 acre vacant parcel. The Planning and Zoning Department received applications for site plan and plat approval in 1989 for the establishment of the Congress Industrial Service Center. The proposal for a 29,000 square foot multi-tenant industrial, warehouse, and office structure was approved by the City Commission on October 9, 1990 but was not constructed. The parcel is zoned MIC (Mixed Industrial and Commercial). The current proposal is for construction of a 25,000 square foot industrial building to accommodate a 12,500 square foot ornamental stone cutting facility with tenant space (permitted uses) in the remaining 12,500 square feet. Of the 12,500 square feet to be occupied by the stone cutting operation, approximately 7,500 square feet will be dedicated to storage. An additional outside storage area is proposed at the northeast corner of the site. The applicant indicates that the facility will operate from 8:00 a.m. to 5:00 p.m. daily, with approximately 10 employees. All work is to be conducted inside of the building. . City Commission Documentation Finnish Granite - Conditional Use Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 19, 1995. Alice Finst, resident of Chatelane, spoke regarding her concerns about the appearance of the Congress Avenue corridor. There were no other comments from the public and the Board voted unanimously to recommend approval with conditions. RECOMMENDED ACTION: By motion, approve the Conditional Use request for Finnish Granite based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(0)(5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following conditions: o Approval by the Site Plan and Appearance Board of a site plan in general conformance to the submitted sketch plan and meeting all LOR Standards. o Provision of adequate screening for, or deletion of, the proposed outside storage area Attachments: o P&Z Staff Report . '. pLANNING AND ZONING BOARD CITY OF DELRAY Be, ..CH --- ( AFF REPORT --- MEETING DATE: June 19, 1995 AGENDA ITEM: V.D. ITEM: Conditional Use Request Associated with the Establishment of an Ornamental Stone Cutting Facility, Finnish Granite Group, Inc. GENERAL DATA: Owners.......................... Michael Swerdlow , STS Land Associates, L.P. I I Applicant........................ Tarik Saadetdin , , KH Trading, Inc. , I Agent............................. Jim Johnson I , Location......................... East side of N. Congress Avenue north of f I Don Fransisco's Way. I I Property Size................. 1.64 acres. I I City Land Use Plan........ Commerce I I I It.w. City Zoning.................... MIC (Mixed Industrial and Commercial) I I w I Adjacent Zoning...North: MIC :J I East: MIC z South: MIC UJ I > I West: MIC < I SWAY I Existing Land Use..........Vacant I III I If1 I Proposed Land Use.......Conditional use approval for establishment t.J I of a 12, 500 square foot ornamental stone c.: I cutting facility in a proposed 25,000 industrial '-' I structure. z I II I 0 u I Water Service................ Existing on site. Sewer Service............... Existing on site. N I V.D. . ( , (" I The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for an ornamental stone cutting facility (Finnish Granite), pursuant to Section 2.4.5(E). The subject property is an unplatted 1.64 acre parcel located on the east side of N. Congress Avenue, north of Don Fransisco's Way. The subject property is a 1.64 acre vacant parcel. The Planning and Zoning Department received applications for site plan and plat approval in 1989 for the establishment of the Congress Industrial Service Center. The proposal was for a 29,000 square foot multi-tenant structure which would house a mix of industrial, warehouse, and office uses. The project was approved by the City Commission on October 9, 1990 but was not constructed. The parcel was zoned LI (Light Industrial) until it was rezoned to MIC (Mixed Industrial and Commercial) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. The development proposal involves the construction of a 25,000 square foot industrial building to accommodate an ornamental stone cutting facility with associated landscaping and parking. As the current request is for conditional use, only rudimentary details of the site are given. A full site plan submittal will be required if the conditional use request is approved. The applicant indicates that the stone cutting facility initially will occupy 12,500 square feet of the proposed structure. The remaining floor area will be reserved for tenant space (permitted uses) until that time. The applicant may, at a later date, seek conditional use approval for an expansion of the stone cutting use to occupy the entire 25,000 square foot structure. Of the 12,500 square feet to be occupied by the stone cutting operation, approximately 7,500 square feet will be dedicated to storage. An additional outside storage area is proposed at the northeast corner of the site. No screening for the outside storage area is included with the proposal. The applicant indicates that the facility will operate from 8:00 a.m. to 5:00 p.m. daily, with approximately 10 employees. , Planning and Zoning Boar' "taft Report ( Conditional Use Approval' .Ilnish Granite Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the Future Land Use Map designation). The subject property has a Future Land Use Map designation of Commerce and a zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is consistent with the Commerce Future Land Use Map designation and "Monument and Ornamental Stone Cutting" is listed as a Conditional Use in the MIC district [LOR Section 4.4.20(0)(1)]. CONCURRENCY: Facilities which 'are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Traffic: The applicant has submitted a traffic study by a registered engineer indicating that the use will generate 85 average daily trips (ADT). Capacity is available on Congress Avenue to accommodate the added trips. Water: Water Service is available to the site via a 8" water main in NW 18th Street. An existing fire hydrant is located approximately 200 feet south of the parcel. Fire flow information for the hydrant may be required with the site plan submission. Sewer: The nearest available sewer service is lift station 107, located approximately 650 feet to the north of the property. A sewer main connecting the site to the lift station will be necessary to provide sewer service. Solid Waste: The proposed industrial structure is consistent with the Commerce Future Land Use Map designation. As the Solid Waste Authority has capacity to accommodate all uses as envisioned by existing Future Land Use Maps, the proposed conditional use will not affect level of service as it pertains to solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other . Planning and Zoning Boar....taff Report ( Conditional Use Approval.. mish Granite Page 3 objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found. Conservation Element Policy B-2.1: - Submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings... However this requirement shall not apply... where it is that there are not such resources. The subject parcel has been cleared. Thus, no significant biological resources exist on the site. A tree survey will be required with the site plan submission. Housing Element Policy A-1.5: Each neighborhood organization shall be apprised of all land use matters which impact their territory and which require review by the Local Planning Agency. Courtesy notices have been sent to all neighborhood groups in the area. See the Neighborhood Notice section under the Review by Others portion of this report. Future Land Use Element Policy C-1.5 The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: 0 legislation which requires heavy industrial uses to provide perimeter landscaping of their sites... The applicant has provided perimeter landscape areas that meet minimum standards. Landscape plans meeting all standards of LOR Section 4.6.16 will be required with the site plan submittal. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The proposed use will be located on a currently vacant parcel in an existing industrial area. Properties on all four sides of the property are in the MIC zoning district and Commerce FLUM designation. The properties to the north and south of the subject . . . Planning and Zoning BO~-' ~taff Report ( Conditional Use Approva . Innish Granite Page 4 property are currently vacant. The property to the east is a vacant concrete plant. Properties to the west are developed with structures housing a variety of auto repair, industrial, and retail uses. The proposed use will be compatible with those parcels. In fact, the addition of new development in the area may have a significantly beneficial effect on the surrounding area by stimulating economic activity. The aesthetics of industrial uses along Congress Avenue is an ongoing concern for many residents of neighborhoods to the west. Other issues such as noise, dust and truck traffic have also been raised regarding uses in the Congress Avenue area. The proposed use should be a significant improvement over the current state of the property (unmaintained vacant parcel). The development proposal provides a 30' landscape area adjacent to Congress, which will enhance the appearance of the site. Loading and service areas are to the rear of the proposed structure, minimizing truck traffic on Congress Avenue. The potential appearance of the proposed outside storage area, however, remains a concern. If the applicant wishes to retain the outside storage, sufficient buffering must be included with the site plan. If the outside storage area is removed from the plan, or sufficiently buffered, potential negative effects of the use on nearby areas will be prevented. Based on the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS The applicant submitted a sketch plan with the Conditional Use application. That sketch plan is the basis of this review. A full review of the site with regard to compliance with the Land Development Regulations will be undertaken with the site plan review. LDR Section 4.3.4(K) Development Standards Matrix: Setbacks: The site meets the setback requirements listed in the Development Standards Matrix. Building Height: The MIC zoning district has a height limit of 48'. The height of the proposed structure is not indicated on the sketch plan. The proposed structure is one story and should be well within the height limit. Lot Coverage: Maximum lot coverage for the MIC district is 50% of the total lot area. The subject property is 71,438 square feet with a building area of 25,000, or 35% lot coverage. . ·, Planning and Zoning 8oar~+aff Report ( Conditional Use Approval, ,mish Granite Page 5 Open Space: LOR Section 4.3.4(K) requires that a minimum of 25% of the total site area to be devoted to open space. The sketch plan provides 25% open space. LDR Chapter 4.6 Supplementary District Regulations: Parking: The sketch plan provides 61 parking spaces, two of which are handicap accessible, to service 25,000 square feet of floor area. Based on 3 spaces per 1,000 square feet for 17,500 square feet of manufacturing and office area and 1 space per 1,000 square feet for 7,500 square feet of storage area (as indicated by the sketch plan), 60 spaces are required. The applicant will be required to submit floor plans indicating the allocation of spaces to the uses with the site plan submittal. Circulation within the proposed parking areas is also a concern that must be addressed with the site plan. Special Setbacks: Per LOR Section 4.3.4(H)(6)(b), properties that front on Congress Avenue and have a depth of over 300' must provide a minimum 30' landscaped setback. A 30' landscape setback is indicated on the sketch plan. Outside Storage: An outside storage area is proposed at the northeast corner of the site. Per LOR Section 4.6.6(C)(2), outside storage must be screened from view from all rights-of- way. This item must be addressed with the site plan submittal. The outside storage area also conflicts with parking spaces. This area should be identified as either storage or parking. Loading Areas: Per LOR Section 4.6.10(C) and (D), industrial structures between 20,000 and 40,000 square feet are required to have 2 loading bays with minimum dimensions of 14' by 60'. The site has 3 loading bays meeting those dimensions. Landscaping: The sketch plan indicates all required landscape buffers around the parking and loading areas. Full landscape plans and calculations will be required with the site plan submission. . " . . Planning and Zoning Boer 'taff Report ( Conditional Use Approva\ . rnnish Granite Page 6 r....·........'....·'......¡..·..'......·........................'....·..·'·....·..·....··r·....·'........,·,i·....··............·..·r....lr.....·....l···....1!'"·'..'·......··,·..·..·..·........,·....·............j:l....11r"1 ¡¡¡¡¡¡::¡¡:¡:¡¡¡¡:¡¡:¡::¡:¡:¡¡¡::¡:¡::¡:¡¡:¡¡¡¡¡¡¡¡¡¡¡:¡:::¡:¡¡::¡:¡:¡:¡::¡¡:¡¡:¡¡¡:¡¡¡¡¡:¡¡¡¡¡:¡¡¡¡:¡¡¡:¡¡:¡¡:¡¡¡¡;'¡:¡¡¡:¡¡¡:¡:¡¡:¡::;'::¡::::¡¡:¡¡¡::::::lill:I&I:¡111¡¡¡IIIlI¡illi¡¡¡¡¡¡¡¡¡I¡¡¡¡¡¡¡¡:¡¡¡¡¡:¡¡¡¡:¡¡::::¡::¡¡::¡¡¡:¡::::¡¡¡¡:::¡¡¡::¡::::¡::¡¡:¡:¡¡:¡¡:¡¡¡¡:¡:¡¡:¡¡:¡¡¡¡¡¡:¡¡:¡¡¡¡¡¡¡¡:¡¡:¡¡¡i,:¡::¡¡::¡¡¡¡¡¡::¡:::¡¡¡¡¡¡¡¡¡:¡¡ The development proposal is not in a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: Site Plan Review and Appearance Board review is required for approval of the site and development plans, including screening of the outside storage area. SPRAB approval of a site plan submission in general conformance to the sketch plan, is a condition of approval. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: 0 Helen Coopersmith 0 Lillian Feldman Prod United Property Owners 0 Bernice Pernhall 0 Bernard Schneider Rainberry Bay Chatelane 0 Thomas Mook 0 Alice Finst Sudan Chatelane 0 Richard Garlen 0 Jack Kellerman Rainberry Lakes High Point 0 Muriel Brooks Pines of Delray North The proposed conditional use for establishment of an ornamental stone cutting facility for Finnish Granite will add a new land use to an area which has been slow to develop. The proposed use will be compatible with the surrounding industrial area and the new structure should enhance the aesthetics of the area. The proposed . Planning and Zoning Boar ~~aff Report Conditional Use Approval. mish Granite Page 7 landscape buffers will be sufficient to mitigate any possible effects on residential areas to the west of the industrial area. With the elimination or screening of the outside storage area possible impacts from that area will be minimal. Thus, positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. l¡jj¡¡¡\¡¡¡¡¡~¡¡¡¡¡¡¡¡¡¡¡j¡~¡¡¡¡¡¡¡¡~¡¡!¡¡¡¡¡jjl¡¡i¡l¡¡¡¡lj~¡¡¡¡~¡¡¡j¡j¡fjl¡¡~¡¡II¡¡¡¡¡¡¡lj¡¡¡'JI~¡III¡1111111111111¡j¡1111111¡1¡1¡¡¡¡j~~¡li¡¡¡¡¡¡¡II~¡¡I¡ri¡¡¡¡¡1Ij¡j¡¡¡~lli¡f.~~lrjlill¡¡¡~~¡j~¡¡~¡¡~¡¡¡¡¡¡i¡jll¡¡¡¡ A. Continue with direction and concurrence. B. Recommend approval of the request for Conditional Use approval for Finnish Granite, based upon positive findings with respect to Section 2.4.5 (E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for Finnish Granite based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3. Recommend approval of the Conditional Use request for establishment of a 12,500 square foot ornamental stone cutting facility (Finnish Granite) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following conditions: 0 Approval by the Site Plan and Appearance Board of a site plan in general conformance to the submitted sketch plan and meeting all LOR Standards. 0 Provision of adequate screening for, or deletion of, the proposed outside storage area Attachment: 0 Sketch Plan 0 Location Map Y:\PLNZN\FINNISH.DOC . (- f I 1 I , , I I I I I \ I J r I I N.W. I I ST. I LLI r ~ :::J % f z I LLI I > « tlW. 1ST ST. 0 FRANCIS O'S- UJ UJ w a::: (9 @ Z 0 () N - FINISH GRAN ITE GROUP I'\..ANNING DEPARTNENT C1Y or OE1.RA Y 8EAOi. R. -- OOrA! BASE UAP S'YS"1I:M -- " 3rV'GJ\V Hl.. . .."M .10 "'V:J , . ------~---~---------~---------- -p- ",-r =t- -10--0___-- __0__- ---------. ~ f ! I I f I I I I I I f I I I I I I I I f . . Ii! 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 is ~ is i f ; I 0 I .. .. ~,. .....of $.... ..... I ;¡ I l f ! :: I I f 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 f I I ~,,-~ I I ~. I I I I Z < I ...Jõ I 0.:' I WI- I !::; I CD I: I <11 I I I I I- Ì\P 'I : 0__.- --- - ........ air - - - - - - ~ -- - - - -- - - - -- - - ---- -- -- -- -----. 3f'IH3^V G83ttONO:> JO "" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # qt - MEETING OF JULY 11, 1995 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-2 DATE: JULY 7, 1995 This is before the Commission to formally initiate Comprehensive Plan Amendment 95-2. This amendment focuses mainly on land use issues as listed in the attached staff report. Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only be initiated by formal action of the City Commission." Recommend initiation of Comprehensive Plan Amendment 95-2 pursuant to the recommendation of the Planning and Zoning Board. 01<. t/M CITY COMMISSION DOCUMENTATION TO: ... 't\D T. HARDEN, CITY MANAGER ,t) SUBJECT: MEETING OF JU Y 11, 1995 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiating Comprehensive Plan Amendment 95-2. Pursuant to LOR Section 9.2.1, "a Plan Amendment shall only be initiated by formal action of the City Commission". Thus, this item is before the City Commission for formal action. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year. The first amendment (95-1) has been reviewed by the State and will be before the City Commission for adoption in the near future. The second amendment focuses mainly on land use issues. The Planning and Zoning Board formally reviewed this item at its meeting of June 19, 1995. The Board recommended unanimously that the City Commission initiate Comprehensive Plan Amendment 95-2, containing the following items: · Changes to the Comprehensive Plan resulting from completion and adoption of a Transportation Concurrency Exception Area (TCEA) for the downtown. · The Five Year Schedule of Capital Improvements, which will be updated as part of the budget process. · Changes relative to beach concessions. · Text changes related to the completion and adoption of the West Atlantic Redevelopment Plan. · Changes related to the proposed purchase of the Sandoway House. · Changes to the Future Land Use Map: " , . - City Commission Documentation\ Initiation of comprehensive Plan Amendment 95-2 Page 2 - West Atlantic Redevelopment Area; and, - The Spence Property, 15 acres located on the west side of Military Trail north of Atlantic Avenue. . Text changes stressing the importance of North Federal Highway redevelopment; directing the City to work with the CRA on a plan to revitalize this area. RECOMMENDED ACTION: By motion, initiate Comprehensive Plan Amendment 95-2 pursuant to the recommendation of the Planning and Zoning Board. S:\adv\comp\952INIT2 . - 01\ fJ11 [IT' DF DELRA' BEA£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR I D A be:d AII·America City MEMORANDUM , ~ III! DATE: July 6, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreement and Lease Agreement - Sandoway Property - Authorization to Apply for Grant Funding from Florida Communities Trust Attached please find an Interlocal Agreement between the City and Palm Beach County. The Agreement provides that the County will purchase the Sandoway Property utilizing $600,000.00 in park impact fees. The City will pay the purchase price in excess of the $600,000.00 and costs, not to exceed a total of $25,000.00. The County then shall lease the property to the City for a twenty-five (25) year period according to the Lease Agreement which is attached as Exhibit C to the Interlocal Agreement. As part of the Agreement, the City must provide at least thirty (30) parking spaces. In addition, the City will actively and diligently pursue grant funding and the County will participate as a joint applicant in obtaining such funds. If the City is unable to secure $300,000.00 or more of grant funds, the County has the option to terminate the Interlocal and Lease Agreement. However, in the event the County terminates the Agreement, they will repay the City's contribution to acquisition costs and refund any fees they have accepted under previous grant remittances. Our office has been in contact with Ann Perry, Director of the Florida Communities Trust. Ms. Perry indicates that if the County is a joint applicant for the grant funds, the prior acquisition by the County would not be an impediment to receiving grant funds. Our office anticipates the County will consider this agreement at their meeting of July 18, 1995. ...--- ® Printed on Recycled Paper (/ f . , - City Commission July 6, 1995 Page 2 By copy of this memorandum to David Harden, our office requests the Interlocal Agreement and Lease Agreement be placed on the July 11, 1995 City Commission agenda for approval. The Commission should also authorize staff to proceed with the acquisition of Grant Funding. Please call if you have any questions. ~ Attachments cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Weldon, Director of Parks and Recreation Doug Randolph, Training and Development Manager sandoway,sar . , JUL-07-1995 14:05 FROM FPD&C-PREM-PBCOUNTY TO 914072784755 P.02 I1ft..LOCAL AGaBEKEIr1 THIS XII'1'Bm:.oCAL a.øUmœft made and entered into as of July 18, 1995, by and between PALM BEACH COUNTY, a political subdivision of the State of Plorida (the "County") and THB CITY OF DBLRAY BEACH, a municipal corporation existing under the laws of the state of Florida (the "City"). . 1 T » B S S B T B: "'BOAS, the City desires to acquire a parcel of prop'erty across from its municipal beach consisting of approximately 1/3 of an acre improved with a 3,700 square foot residential structure; and WBBUAS, the púrpose of said acquisition is to provide for additional beach parking, to enhance the recreational potential of the beach area and to provide for potential parks and recreation related educational opportunities including, without limitation, the establishment of a marine education center; and WBBRBA8, the city does not have sufficient funds to acquire said property: and nBRBU, the County is willing to assist the city in furthering the above described purpose. by acquiring said property, provided the City actively and diligently seeks grant funds to reimburse the County for the funds expended by the County in acquiring said property and the city agrees to provide additional beach parking as part of the development of said property and surrounding land. ItOW, TUa.BFOilE, for and in consideration of the Diutual covenants and agreements contained herein, the parties hereby agree as follows: 1. The facts set forth above are true and correct. 2. The county shall acquire the real property legally described in Exhibit "A", together with all improvements situate thereon, pursuant to the Agreement for Purchase and Sale attached hereto as Exhibit "BII. 3. county shall fund $600,000 of the purchase price utilizing park impact tees. The City shall fund all costs associated with the acquisition of this property pursuant to the attached Purchase and Sale Agreement in excess of the $600,000 to be funded by County, provided however, that city's total obligation pursuant to his Section 3 shall not exceed $25,000. City agrees to pay said costs to county not less than five (5) days prior to the sCheduled closing date. 4. Upon acquisition of title to the property by County, county shall lease the same to City for a period of twenty-five (25) years upon the terDiS, covenants and conditions set forth in the Lease AgreeDient attached hereto as Exhibit "C". 5. city agrees that as an inducement to County to acquire the property on behalf of the City, city shall develop the property and City's adjacent parking lot on the south side of the property to provide as many new parking spaces as 1s reasonably practical, but in no event less than thirty (30) new spaces. city acknowledges that this 1IIay require the modification of its existing parking 10t and the incorporation of one lane of Ingraham Avenue into its parking lot. city agrees to p~rfor1li any and all modifications and improvements 1 07/07/95 FRI 14:02 (TX/RX NO 57451 . JUL-07-1995 14:06 FROM FPD&C-PREM-PBCOUNTY TO 914072784755 P.03 to the property, the City's existing parking lot and Ingraham Avenue which are necessary to provide said additional parking spaoes, all at City's sole oost and expense. City further agrees that its existing parking lot and all additional parking spaoes created pursuant to this Agreement, shall be open to the general pUblic and shall be available for Use by the general pUblio on the same basis as residents of the City of Delray Beach. 6. City shall actively and diligently pursue grant funding. County agrees to file a joint application with the City to the Florida Communities Trust for grant funding for this project and to take all measures reasonably required to secure said grant funding. The proceeds of any such grants shall be paid to Cou.nty to partially reimbu.rse County the tu.nds expended in acquiring said property. Notwithstanding the foregoing, in the event the" City identities a city park project which includes the acquisition of additional land and construction of improvements to provide,additional beach parking, the City may offset the acquisition and constru.ction cost of the additional parking spaces against the tunds du.e County hereunder. In the event City is unsuocessful in obtaining at least $300,000 in grant funds within three (3) years of the date of this Agreement, County shall have the right, at its option, to terminate this Interlocal Agreement and the Lease Agreement. In the event of such termination, county shall refund to city City's contribution to the acquisition costs of the property paid pursuant to paragraph 3 above, and to the extent required pursuant to applioable grant funding agreements, County shall refund directly to the grant agency the proceeds of any grants received by city and paid to County pursuant to this paragraph 6, Whereupon the parties shall be relieved ot all further obligation hereunder and under the Lease Agreement. I 7. Pursuant to Section 163.01 (11), this Interlocai Agreement shall be filed with the Clerk of the Circuit court of Palm Beach County, Florida. (INTENTIONALLY LEFT BLANK) 2 07/07/95 FRI 14:02 [TX/RX NO 5745) ., TO 914072784755 P.04 JLL-07-1995 14:06 FROM FPD&C-PREM-PBCOUNTY 8. Thi. Interlocal Agreement and the Lease Agreement constitute '. the entire understanding and agreement ot the Parties hereto ".~ ¡' ,. 't with respeot to the subject matter hereof. This Interlocel Agreeaent may not be modified or amended, except by a written agreement executed by both parties with the same for.mality as the execution of this Interlocal Agreement. I. WIT..SS WXBRBOP, the parties have caused this Interlocal Aqreement to be executed as of the day and year first above written. ATTEST: DOROTHY H. WIL1œN, CLEU PALM BEACH COUNTY, a political subdivision of the state of Florida By: Deputy Clerk By: Chair (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Asst. County Attorney r~ ;1 .. . .. ATTEST: CITY OF DELRAY BEACH, FLORIDA, a municipal corporation Clerk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney _'..r_t\lnt.rloe.del 07/07/95 3 . 07/07/85 FRI 14:02 ITI/RI NO 5745) JUL-07-1995 14:07 FROM FPD&C-PREM-PBCOUNTY TO 914072784755 P.05 EXHIBIT "B" ................................................................. ¡tALK BEACH C!OUHTY JŒA1, ¡tROPER'l'Y LUIJ) Ln8E AGUBMBN'1' bet".aø PALM BBACH COUNTY allð THE CITY OF DBLRAY BBACH, FLORIDA ................................................................. 07/07/95 FRI 14: 02 [TX/RX NO 5745] . " FPD&C-PREM-PBCOUNTY TO 914072784755 P.ØE. JUL-07-1995 14:07 FROM TULB OF COftllftS' ll&E ARTICLB I BASIC LaaBB PROVISIONS Section 1.01 Premises. . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.02 Length 'of Term and Commencement Date.......... 1 Section 1.03 Interlocal Agreement.......................... 1 ARTICLE II DIrT Sect10n 2.01 Annual Rent..................................; 1 sect10n 2.02 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 aR'I'ICLB lXI CONSTRUCTION OF LEASED PItEKISBS section 3.01 Acceptance of Premises by Less................ 2 Section 3.02 <a) Lesse. 's Work................................. 2 (b) Al terations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2: ARTICLB rv COHDVCT OF BUSIMBSS AØD USII 01' PRBKISB8 BY LBSSBB Section 4.01 Use of Premises............................... 2 section 4.02 Waste or Nuisance......... ~ . . . . . . . . . . . . . . . . . .. 2 Section 4.03 Governmental R.gulations...................... 3 Section 4.04 Surrender of Premises'......................... 3 f.IlTICLE V UPAIIlS AND MAIIITEHAJlCB 01' P1iŒKISBS Section 5.01 Responsibility of Lessor and Lessee........... 3 Section 5.02 Responsibility of Lessee Regarding Alterations and Personal Property........................ 3 UTICLB VI IHSUJUUrCB &ND IHDBJOIITY Section 6.01 Liability Insurance........................... 3 Section 6.02 I~de1llnification ...........~.................. 3 UTXCLB VII DBSTRUCTION 01' LESSBB'S, ALTERATIONS Section 7.01 Damage or Destruction by Fire, War or Act of God................................ 4 U'1'ICLB vxn V'1':ILITIBS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 AJtTICLB IX AS81GHKBHT aND SUBLBT'1'ING Section 9.01 Cons.nt Required~............................. 4 ART:ICLE X DEFaULT OF LESSBB Section 10.01 Events of Default........."..................... 4 Section 10.02 Waiv.r, Accord and satis~action............... 4 AR'1'ZCLB XX QUIBT BIfJOYIŒNT section 11.01- Lessor's Covenant............................. 5 ARTICLE zn KISCBLIJUfBOOS Section 12.01 Bntire Agr..ment.............................. 5 Section 12.02 Notices. . . . . . . . . . . . . _ ,. . . .. .. . ,. .. .. . . . . . .. . . . . . . .. .. .. 5 s.ction 12.03 Brokers Commission............................ 5 Section 12.04 Severebili ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 section 12.05 captions. . . . . . . . . . . . . _ . . . . . . . ',' . . . . . . . . . . . . . .. 6 section 12.06 Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 6 Section 12.07 Liability of Lessor........................... 6 Section 12.08 Waiver o~ Jury Trial.......................... 6 Section 12.09 Gov.rninq Law.................................. 6 Section 12.10 Time of Essence............................... 6 Section 12.11 Bene~it and Binding Eff.ct.................... 7 BXhibltø Exhibit "A" Legal Description of the Premis.s............. 8 07/07/95 FRI 14:02 (TI/RX NO 57451 . AGREEMENT FOR PURCHASE AND SALE This Agreement for Purchase and Sale, is made and entered into as of the 18th day of July, 1995 by and between William Hood and Carolyn Hood, his wife (hereinafter referred to as the "Seller"), and PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "purchaser"). WIT N E SSE T H: 1. DEFINITIONS. The following terms as used herein shall have the "following meanings: 1.1 "Aqreement" -'this instrument, together with all exhibits, addenda and proper amendments hereto. 1.2 IIClosinq Date" - the meaning ascribed thereto in Section 6.2 of this Agreement, unless extended by the terms of this Agreement, or by mutual consent of the parties. 1.3 "Effective Date" - the effective date of Agreement shall be the date upon which the Palm Beach County Board of County Commissioners shall have approved the execution of this Agreement at a formal meeting of the Board. 1.4 "Inspection Period" - that certain period of time commencing upon the Effective Date and terminating fifteen (15) days thereafter. 1.5 "Permitted Exceptions" - those exceptions to the title of the Property as set forth in Exhibit "B" hereto attached, together with any other title matters that may be waived in writing by the Purchaser. 1.6 "Personal Property" - all floor coverings, telephone equipment and HVAC units within the improvements situate upon the Real Property. 1. 7 "Real Propertv" - The real property legally described in Exhibit "A" attached hereto and made a part hereof, together with all improvements situate thereon. 2. SALE AND PURCHASE. In consideration of the mutual covenants herein contained, and various other good and valuable considerations, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and conditions hereinafter set forth, the Real Property, and Personal Property together with all right, title and interest of Seller in and to any and all streets, roads, highways, easements, accesses and rights of way appurtenant to the Real Property, together will all improvements located thereon, if any. 3. PURCHASE PRICE AND METHOD OF PAYMENT. 3.1 Purchase Price. The purchase price of the Property shall be six Hundred Twenty Thousand Dollars ($620,000). 3.2 Pavment of Purchase Price. On the closing Date, Purchaser shall pay by county Check, the total amount of the purchase price ot the Property, subject to any adjustments, credits and prorations as herein provided. 1 \;;~ . . '. 4. ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES OF SELLER. As a material inducement to Purchaser to enter into this Agreement, Seller hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as follows: 4.1 That Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. 4.2 That there is no litigation, investigation or proceeding pending, or to the knowledge of Seller threatened, which relates to or adversely affect Seller I s ability to perform its obligations under this Agreement. 4.3 That there are no judicial or administrative actions, suits or judgments affecting the Property, including without limitation, any such laws, ordinances, rules or regulations of any governmental authority having jurisdiction of the Property. 4.4 That there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 4.5 There are no condemnation, environmental, zoning or other land-use regulation proceedings, either instituted, or planned to be instituted with regard to the Property. 4.6- On the Closing Date there will be no outstanding contracts made by Seller for any improvements to the Real Property which have not been fully paid for and Seller shall cause to be discharged all construction liens arising from any labor or materials furnished to the Property prior to the time of Closing. 4.7 All documents executed or to be executed by Seller which are to be delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller. 4.8 There are no service contracts affecting the Property which will survive Closing. 4.9 That all ad valorem real property taxes for the Property have been fully paid for the year 1994, and all prior years. 4.10 That Seller has entered into no other contracts for the sale of any portion of the Property which remain in force, with the exception only of an option to purchase in favor of Venture Concepts International, Inc., which option shall be released at closing. 4.11 That the Property has not in the past been used, and is not presently being used, for the handling, storage, transportation, or disposal of hazardous or toxic substances, wastes or materials. 4.12 It is a condition precedent to closing that all of the representations and warranties of Seller contained in this Agreement shall continue to be true as of the Closing Date, and shall be deemed to be restated and affirmed as of the closing Date 2 ,-,~ \ -,-j ~, without the necessity of Seller's execution of any document with respect thereto. In the event that any of Seller's representations shall prove to be materially untrue, Purchaser shall have the right to (i) terminate this Agreement at any time prior to closing upon written notice Seller, whereupon the parties shall be relieved of all further obligation hereunder; or (ii) proceed to close upon this Agreement without thereby waiving any claim or cause of action against Seller for misrepresentation or breach of warranty. 5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and its engineers, surveyors, agents and representatives shall have access' to the Property upon reasonable notice for purposes of survey, testing and inspection thereof. All surveys, testing and inspections shall be conducted by Purchaser at its expense, and shall be performed by licensed persons or firms dealing in the respective areas or matters tested. All testing shall be done in the least intrusive manner, and Purchaser agrees to indemnify Seller to the extent permitted by law from and against any and all loss, damage, cost, expense and/or liability of whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and invites entry upon and inspection of the Property. Notwi thstanding the foregoing, the foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the results of said inspections as may be required by applicable law. In the event that such inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and absolute discretion, Purchaser shall have the right to terminate this Agreement at any time during the Inspection Period by giving' written notice thereof to Seller, whereupon the parties shall be relieved of all further obligation hereunder. 6. CLOSING. The parties agree that the Closing upon the Property shall be consummated as follows: 6.1 Place of Closinq. The closing shall be held at the Property and Real Estate Management Division office, 3323 Belvedere Road, Building 503, West Palm Beach, Florida. 6.2 Closinq Date. The closing shall take place within fifteen (15) days after expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the parties. 6.3 Closinq Documents. At closing, Seller shall deliver or cause to be delivered to Purchaser, the following documents, each fully executed and acknowledged as required. 6.3.1 Statutorv Warrantv Deed. A Statutory Warranty Deed conveying good and marketable fee simple title to the property, subject only to the Permitted Exceptions. 6.3.2 Affidavit of Seller. An Affidavit with respect to construction lien in form sufficient to permit a title insurer to delete the "construction lien" exception from the title insurance policy, and stating that the Property is free and clear of all encumbrances, leases, licenses, contracts or claim of rights, which claims may serve as the basis of a construction lien. 6.4 Possession. At closing, Seller shall deliver full, complete and exclusive possession of the Property to the Purchaser. 6.5 Purchaser's Obliqations. At closing, Purchaser shall deliver, òr cause to be delivered, to Seller, the following: 3 (;) . 6.5.1 Cash due at Closinq. The required payment due as cash due at closing as provided elsewhere herein. 7. EVIDENCE OF TITLE. 7.1 within five (5) days after the Effective Date of this Agreement, the Seller shall deliver to the Purchaser an owner's title insurance commitment issued by a title insurance company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the Warranty Deed to the Real Property, an owner's marketability title insurance policy in the amount of the purchase price, in$uring the marketability of the fee title of the Purchaser to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment and policy and any premium therefore shall be borne by Seller. The Purchaser shall have until the later of ten (10) days after receipt from the Seller of the title insurance commitment, or the end of the Inspection Period, whichever is later, in which to review same. In the event the title insurance commitment shall show as an exception any matter other than the Permitted Exceptions, Purchaser shall notify Seller of Purchaser's objection thereto, and Seller shall act with reasonable effort to remove such exception(s), which exceptions shall be deemed to constitute title defects. The Seller shall be entitled to ninety (90) days from the date of notification by Purchaser (with adjournment of the closing Date if necessary) within which to cure such defects or to make arrangements with the title insurer for the removal of any such objections from' the commitment, however, Seller shall have the option of discharging any such matters at closing out of the closing proceeds. If the defect(s) shall not have been so cured or removed from the commitment by endorsement thereto at the termination of the said ninety (90) day period, Purchaser shall have the option of: (a) accepting title to the Property as it then exists; or (b) terminating this Agreement, by giving written notice thereof to Seller, in which event the parties shall be relieved of all further obligation hereunder. 7.2 Seller shall deliver to Purchaser prior to the Closing an endorsement of the commitment making it effective to within five (5) days of the Closing Date. At closing, the title insurance commitment shall be endorsed to remove any and all requirements or preconditions to the issuance of an owner's marketability title insurance policy, and to delete any exceptions for: (a) any rights or claims of parties in possession not shown by the public records; (b) encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of the Property; (c) unrecorded easements and claims of easements (d) unrecorded and construction liens or claims of liens; (e) taxes for the year of closing and all prior years; (f) matters arising or attaching subsequent to the effective date of the commitment but before the acquisition of record of the fee simple title to the Real Property by the Purchaser. 7.3 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Real Property, withou~ the prior written consent of the Purchaser. 8. SURVEY: Purchaser shall have the right, within the time period provided in Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the Real Property and all 4 , \-) \: ~) . improvements thereon. Said survey shall be prepared in accordance with the minimum technical standards for surveys within the State of Florida. If the survey reveals any encroachments, overlaps, boundary disputes or other defects, other than the Permitted Exceptions, which affect marketability of the Property, the same shall be treated as title defects as described in Section 7 of this Agreement and Purchaser shall have the same rights and remedies as set forth therein. 9. RADON GAS. Radon 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 testing may be obtained from your county public health unit. 10. EXPENSES. Seller shall be responsible for preparation of all closing documents. Seller shall submit copies of same to Purchaser no less than five (5) days before scheduled closing. 10.1 Purchaser shall pay the following expenses at closing. 10.1.1 The cost of recording the deed of conveyance. 10.2 Seller shall pay the following expenses at closing: 10.2.1 Documentary stamps required to be affixed to the deed of conveyance. 10.2.2 All costs and premiums for the owner's marketability title insurance commitment and policy. 10.2.3 All costs necessary to cure title defect (s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages upon the Property. 10.3 The Seller and Purchaser shall each pay their own attorneys' fees. 11- PRORATIONS. On or before the Closing Date, Seller shall establish an escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of closing as determined by the Tax Collector. 12. ASSESSMENTS. If on the closing Date, the Property or any part thereof shall be or shall have been affected by assessments which are, or which may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this Agreement, all of the unpaid installments of any such assessments, including those which are to become due and payable after the Closing Date, shall be deemed to be due and payable and to be liened upon the premises affected thereby, and shall be paid and discharged by the Seller on or before Closing Date. 13. CONDE~NATION. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi- public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun by a governmental entity other than Purchaser prior to the closing of this transaction, 5 l~:) . . Purchaser shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the closing of the transaction contemplated hereby and receive title to the Property, receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. Purchaser shall have the right to participate in any such proceedings. 14. REAL ESTATE BROKER. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker salesman, agent or finder in connection with this transaction. Without limiting the effect of the foregoing, to the extent permitted by law, each party agrees to indemnify, defend and save the other harmless from the claims and demands of any real estate broker, other than Broker, claiming to have dealt with the indemnifying party. Such indemnity shall include, without limitation, the payment of all costs, expenses and attorneys fees incurred or expended in defense of such claims or demands. The terms of this Section shall survive the closing or termination of this Agreement. 15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a "foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the "Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign certificate", as required by the Act. Seller acknowledges that in the event Seller fails to deliver the Non-Foreign Certificate, Purchaser shall be authorized to withhold from the closing proceeds an amount equal to ten percent (10%) of the gross amount of the purchase price, and to remit same to the Internal Revenue Service, as required by the Act. 16. NOTICES. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: 16.1 Purchaser: Palm Beach County Property & Real Estate Management Division Ross C. Hering, Director 3323 Belvedere Road Building 503 West Palm Beach, Florida 33406 6 1;\-) , With a copy to: Eleanor B. Halperin, Assistant County Attorney Palm Beach County Attorney's Office 301 North Olive Avenue Suite 601 West Palm Beach, Florida 33401 16.2 Seller: with a copy to: Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. 17. ASSIGNMENT. Neither Purchaser nor Seller shall assign this Agreement or any interest herein without the prior written consent of the other party. I 18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is commenced with respect to interpretation or enforcement of this Agreement, the prevailing party therein shall be entitled to recover all costs, expenses and fees, including, without limitation, reasonable attorney's fees, expended or incurred by such party in connection therewith, including any such costs expenses and fees upon appeal and in post judgement proceedings. 19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant, or condition of this Agreement, Purchaser shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. 20. GOVERNING LAW & VENUE. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action suit or proceeding in connection with this Agreement shall be in Palm Beach county, Florida. 21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. 22. NO RECORDING. Neither this Agreement, nor any memorandum or short form hereof, shall be recorded in the PUblic Records of Palm Beach County, Florida. 23. TIME OF ESSENCE. Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is speci~ied for performance. 24. INTEGRATION. This Agreement constitutes the entire understanding and Agreement between the parties with respect to the 7 (\j . . subject matter hereof, and may not be modified or amended, except in a writing signed by all of the parties hereto. 25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. 26. HEADINGS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. Signed, sealed and delivered in the presence of: Date of Execution by Seller: , 1995 Witness signature William Hood "SELLER" Print Name 1 carolyn Hood Witness Signature "SELLER" Print Name Date of Execution by Purchaser: , 1995 PALM BEACH COUNTY, a political subdivision of the State of Florida By: Attest: Dorothy H. Wilken, Clerk By: (SEAL) Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney 1IIII/"\8greeant\hood.p&s 06/21/95 B 1:\1 , ·' LBGAL DB'CRZPTIOø OP ~az ....18.. commenoing at the inter.eotion 01' the Western boundary line of Ocean Boulevarel (State Road. A-1-A) with the North line of Beach Lot 24, plat of the fractional Bast 1/2 of Section 16, Township 465, Range 43B, according to the Plat thereof, a. reoorded in Plat Book 1 at page 25, of the PUblic Records of Palm Beach county, Florida; thenoe Southerly along said. West boundary line of Oce~ Boulevard, a distance of 27.16 teet to the Point of Beginning; thenoe We.terly parallel to said. North line of Beach Lot 24, a distance at 215.06 feet to a Point; thenoe southerly making an angle with the preoeding cour.. of '1°31' measured frolD East tQ South; thenoe 73.03 teet to a Point; thence Easterly parallel to .aid north line of Beach Lot 24, a distance of 209.01 feet to a Point; said point baing in Western bQundary line of ocean Boulevard; thence NortherlY along said boundary line a distance of 73.45 feet to the point of Beginning. Ii ·t ,. " I ¡"..- ! 'i'~~ ' ;~ .1; 1, ., " "r .. , ," '" "f ~~ . JUL-07-1995 14:08 FROM FPD&C-PREM-PBCOUNTY TO 914072784755 P.07 EXHIBIT "e" LBUI: AOUBJœHT THIS LBa8a AGRBBKBHT, made and entered into this ___ day of , ~99S, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor" ~nd the CITY OF DELRAY BEAca, FLORIDA, hereinafter referred to as "Lessee". n'lIllBSSE'lB: 1I1RRBU, pursuant to an Interlocal Agreement betwe.n the parties of even date herewith, Lessor intends to acquire on behalf of Lessee certain real property in Palm Beach County, Florida, as said property is legally described in Exhibit "A" attached hereto and by rererence made a part hereof (the "Property"): and 1IIDIJtBAS, Lessee desire. to lease the Property for the purposes of providing additional beach parking, enhancing the recreational potential of the beach area and to provide for potential parks and recreation related educational opportunities, including, without limitation,' the establishm.nt of a marine education center: and nERBU, upon acquisition of the Property Lessor is willing to leas. the Property in its entirety to Lessee for said purposes. ~. ~KElUlraaB, in consideration of the rents, covenants and agreem.nts hereinafter reserved and contained on the part of the Lesse. to be observed and performed, the Lessor demises and leases to Lessee and the Lessee r.nts from Lessor the Property upon the following terms and conditions: UTICLB X BUIC LB&SE PROVISIOøS \ section 1.01 Premise.. The Property subject to this Lease consists of approximately on. third (1/3) of an acre of land improved with a 3,700 square foot residential structure. .eotion 1.02 LeDgth of 'l.ra and co..enc".Dt Dat.. The Term of this Lease shall commence upon acquisition of title to the property by Lessor (the "Commencement Date") and shall extend for a period of twentY-five (25) years th.r.after, unless sooner terminated pursu~nt to the provisions of this Lease. Section 1.03 Int.rlocel Agr....Dt. The Lease Agreem.nt is made and enter.d into pursuant to the terms of an interlocal Agreement between the parties of even date herewith (the "Interlocal Agr.ement"), the t.rms, cov.nants and conditions of which are incorporat.d herein by reference and made a part hereof. Any failure to tulfill the terms, covenants and conditions of the Int.rlocal Agreement shall constitut. a default hereunder' and any d.faul t under this Lease Agreement shall constitute a default under the Interlocal Agreement. U'rICLB n DIrl SeotioD 2.01 ADnual _ant. Lessee shall pay Lessor for the use and occupancy of the premis.s an annual Rant of one ($1. 00) Dollar, payable on the Commencement Dat. and each subsequent anniversary ther.of. ~ent shall be made payable to the Palm Beach County Board of county commissioners and shall be delivered annually in advance to Palm Beach County Finance Departm.nt Revenue Section, P.o. BoX 4036, West Palm Beach, Florida 33402. 1 07/07/95 FRI 14:02 (TX/RX NO 5745J , FPD&C-PREM-PBCOUNTY TO ':;::Jl~ua (, (0.... (~J , ......~ JUL-07-1995 14:08 FROM .eetioD 2.02 ~.S.....Dt.. CUrine¡ the Term of this lease Lessee shall pay before delinquency all assessments which may be levied by any qovermuental authority against the Premises or Lessee's Alterations constructed on t.he Premises. ~IlTIC:LJ!1 III CONSTRUCTION OP LB&SBD PRBKI8ES 8eet:LoD 3.01 aeeeptaDoe of .~e.is.. by L...... Lesse. agrees to accept. the Premises "As :ts", in its existing condition as of the Commencement Date of this Lease.' No repair work, alterations, or remodeling of the Premise. is required t.o be done by Lessor as a condition of this Lease. ' 8eetlOD 3.02 (a) Le..es·. Work. Lessee agrees, 'to perfor1ll at its own cost and expense all work which is n.cessary to fully .quip and maint.ain t.h. Premises for t.he lawful use of the Premises as specified in section 4,.01 of this Laase and to perform all work required by the terms of t.he Interlocal Agreement. (b) ~lteration.. Any installation, alteration, improve~ent, addition, or modificat.ion to the Premises by t.he Lessee (hereinafter cOllectively referred t.o as "Alt.erations"), the value of which exceeds Twenty Five Thousand Dollar& ($25,000), shall require the prior writt.en consent of Lessor in each instance. Lesse. shall submit. det.ailed plans and specifications for all such Alt.rations to Lessor for Lessor's written approval prior to Lessee's commencing work on same. LesSee aqrees and acknowledges that all Alteratlons, vhether pursuant to this Section or otherwise, are performed and accomplished solely for the benefit and convenience of Lessee, and not for the benefit of Lessor, such Alterations being, nevertheless subject to'each and every provision of t.his Lease. All work done by Lessee in connection with any Alt.erations, repairs and ~aintenance on the Premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly in accordance with t.he plans and specifications therefor. . A1t'1'ICLB tv COBDUCT OF BUBXBBSS AKÞ USB OF ....18B8 BY LB88EE 8.e~loD 4.01 Use of Pre.i.e.. Lessor and Lessee acknowledge that the primary purpose of the Lessor in leasing the Premises ~o Lessee is to establish additional beach parking and t.o enhance the recreat.ional potent.ial of the beach ar.a. Therefore, Lessee shall have the right. to use the Premises in any manner which sUbstantially furthers the foregoing purposes. In addit.ion, Lessee intends to explore the potential :for developing parks and recreation relat.ed educational opportunit.ies on the premises, including; without li~itat.ion, a marine educat.ion center. Lesse. shall have the right to use the Pre~ises for such purposes, provided that. such uses shall const.itute a parks and r.creation use under the County's parks program, as determined by t.he county'. Parks and Recreation Director. Lessee shall not use,' permit or suffer the use of the Premises for any other purposes ~hatsoever wit.hout. the prior written consent. of Lessor. SecUoD. 4.02 Waste or Bui..nc.. Les.ee shall not. commit or suffer to be committed any w.ste upon the Premises or any nuisance or ot.her act or thing which may result in damaqe or depreciation of value of the Premises or which may affect Leseor's fee interest in the premises. Lessee shall not use, maintain, st.ore or dispose of any cont.aminants including, but not li~ited to, hazardous or toxic substances, chemicals or other agents used or pro~uced in Lesaee's operat.ions on the Premises in 2 07/07/95 FRI 14:02 (TX/RI NO 57451 . ~ TO ';114k:l(¿(D""t(;J,J I .~.... JUL-07-1995 14:09 FROM FPD&C-PREM-PBCOUNTY any manner not permitted by law. All refuse is to be removed from the Premise. at Lessee's sole cost and expense and Lesse. will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Lessee will ~eep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Lessee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. section 4.03 GoverDaental Regulations. Lessee shall, at Lessee's sole cost and expense, comply with all ordinances, laws, statutes and rec;ulations promul~ated thereunder ot all county, municipal, state, federal and other applicable qovernmental authorities, now in torce, or which may hereafter be· in force, pertaininC) to Lessee, its use of the Premises, or the Premises generally. Section 4.04 Surrender of premi..s. Upon termination or expiration of this Lease, Lessee shall remove Lessee's personal property and removable fixtures and equipment trom the Premises and shall surrender the Pre1llises to the Lessor in the same condi tion the Premises were in as of the Commencement Date of this 'Lease, reasonable wear and tear excepted. Upon surrender of the Premises, title to any and all remaining Alterations shall revert to Lessor. ARTICLE V RBP.Ia. AND HAI»'1'BNAXCB OP PREMI... section 5.01 a..poDsibility of Lessor aD4 L...... Lessor shall not be obligated or required to make or conduct any maintenance Or repairs whatsoever to the premi.e.. All portions of the Premises, and all Alterations constructed on the Premises, shall be maintained and kept in good repair and condition by Lessee at Lessee's sole cost and ekpense. S.ction 5.01 Re.ponaiÞl11ty o£ Le...e .ega~GiD~ Alteration. an4 Personal Property. All Alterations and personal property of Lessee shall remain the property of the Lessee at Lessee's Bole risk for the Term of ,this Lease, or any extension or renewal hereof. ARTICLB VI INSURA!lCB aND tNDBMlttTY .ection 5.01 Liability Xneurance. Lessee shall, during the entire Term hereof, provide Lessor with a certificate evidencing self-insurance coveraqe for comprehensive general liability in the amount of $100,000 per person and $~OO,ooo per incident or occurrence. In the event the Legislature should change the Lesse.'s exposure by statute above or below the sums insured against, the Lessee shall provide insurance to the extent of that exposure. S.ction 6.02 InG"Þification. Lessee shall, to the extent permitted by law, indemnify and save harmless the Lessor from and against any and all claims, suits, actions, damages and/or causes of action arising durinq the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Lessee, its aqents, employees, licensees and invitees, and 'from and against any orders, judgements, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such 3 07/07/95 FRI 14:02 [TX/RX NO 57451 . TO 914Ið'(¿'(I:;<rr::>::> r. "" JUL-07-1995 14:10 FROM FPD&C-PREM-PBCOUNTY claim. Nothing herein shall constitute a waiver of the sovereign immunity of either party. U'1'ICLB VU DBSTADC'1'IOø OF LBSSBS"S AL'1'BRA'1'IOøS 7.01 Daaaqe or Destruction by Fire, War or Act of GoS. In the event any of Lessee's Alteration5 shall be destroyed or so damaged or injured by fire or other clt.sualty during the Term of t.his Lease or any extension thereof, the Lessee shall c01lœence restoration thereof within one hundred twenty (120) days and thereafter diligently pursue the restoration to c~pletion. Notwithstanding the foregoing, in the event of any such casualty, Less.e shall have the right, to be exercised in its sole discretion, to terminate this Lease. In the event 1.$s.ee elects to te~inate this Lease, Lesse. shall first place the premises in a safe and sightly condition and shall at the request of the Lessor remove any impro~ements Which are materially damaged. UTICLB VIU V'lIL1'1'IBS Lessee shall be solely responsible tor and promptly pay directly to the utility company or other provider of such service all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilitie~ to the Premises. U'l'ICLB IX ASSZGNKBMT AND BUBLB'1'TIHG Section 9.01 Con.ent ..quired. Lessee may n<?t assiqn, mortgage, pledge or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without prior written consent of Lessor. ARTJ:Ct..B X DEI'AUL'1' 01' LESSEB .ection lG.Ol avant. of Default. The occurrence of anyone or more of the following shall constitute an Event of Default by Lessee under this Lease: (1) Lessee shall fail to perform or observe any of the agreements, covenants or conditions contained in this Lease or the Interlocal Agreement on Lassee's part to be performed or observed and such failure shall continue for more than thirt.y (30) days after notice from Lessor; (ii) Lessee shall vacate or abandon the Premises; or (iil) Lessee's leasehold estate shall be taken by execution, attachment or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Lessor shall have the right to give Lessee notice that Lessor intends to terminate this Lease upon a specified date not less than three (3) days after the date notice is received by Lessee, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of t.his Lease. If, however, the default i. cured within the three (3) day period and the Lessor is so notified, this LeaSe will continue. section 10.02 Waiver, Accord and Batt.faction. The waiver by Lessor of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant., or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by Lessor to or of any act by Lesse. requiring Lessor's consent or approval shall not be deemed to waive or render 4 07/07/95 FRI 14:02 ITI/Rl NO 5745} . JUL-Ð7-1995 14:11 FROM FPD&C-PREM-PBCOUNTY TO ~¡~~(,ro~'~~' .-- unnecessary Lessor' s consent to or approval of any subsequent similar act by Lessee. UTXCLII ZI QtJIBT BNJOYIIBW .ection 11.01 Le.sor's Covenant. Upon payment by 'the Lessee of the Rent and other charqes herein provided, and upon the observance and perrormance ot all the covenants, terms and con4itions on Lessee's part to be observed and performed, Lessee shall peaceably and quietlY hold and enjoy the Premises tor 'the Term hereby demised' wi'thout hinderance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through or under the Lessor, subject, nevertheless, to the terms and conditions of this Lease. AR'l'ICLB Z:U IIISCBLLANBOtJS SectioD 12.01 Bntire Agr....nt. The :Interlocal Agreement and this Lease and any EXhibits attached hereto, constitute all agreements, conditions and understandings between LBssor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease and 'the :Interlocal Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, c:hange or addition to this LBase shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. SeetlOD 12.02 .o~iee.. Any consents, approvals and permissions by the Lessor shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and mailed prepaid by certified mail ,return receipt requested, addressed: (a) It to the Lessor at: Property and Real Estate Manaqement Division Attn: Ross C. Hering, Director 3323 Belvedere Road, Building 503 west Palm Beach, FL 33406 with a copy to: Palm Beach County Attn: Count:y Attorney 301 North Ol1ve Avenue West Palm Beach, FL 33401 (b) :If to the Lessee at: City ot' Delray Beaoh 100 NW 1st Avenue Delray Beach, FL 33444 or at such address as the Lessor or the LBssee, respectively, may designate in writinc¡. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. S 07/07/95 FRI 14:02 (TI/RI NO 57451 . TO 914072784755 P. 12 JUL-07-1995 14:11 FROM FPD&C-PREM-PBCOUNTY 8ee~ioD ~Z.03 .~oter. commission. The parties hereto represent and warrant to the other that there are no claims ~or brokerage oommissions or finders fees in connection with the execution of this Lease, and agree to indemnify, defend and save the other harmless from all liabilities arising from any such claim including, without limitation, the cost of counsel tees 1n connection therewith. SectioD 12.0~ 8.ve~&bility. If any term of this Lease, or the application thereof to any person or circumstance., shall to any extent be invalid or unenforceable, the remainder of this Lease, or thè application of such term to persons or circumstances other than those as to which it is invalid or unenforceable shall not be af~ected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law. .ection 12.05 captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of -this Lease or any of its provisions. SectioD 12.0& .eeording. Lessee shall not record this Lease, or any memorandum or short form thereof, without the written consent and joinder of Lessor. Section 12.07 Liability or Le..or. Lessee shall look solely to the estate and property of the Lessor in the Pr~ises for the collection of any judgment, or in connection with any otber jUdicial process, requiring the payaent of money })y Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed and performed by Lessor, and no other property or estates ot Lessor shall be subject to levy, execution or other entorcement procedures for the satisfaction ot Lessee's remedies and riqhts under this Lease. section ~2.08 waiver of Jury Trial. 'l'he parties hereto waive trial by jury in connection with proceedings or counterclaims brought by eitber of the parties hereto against the other, In connection with this Lease. 8ee~ioD 12.0. governing Law. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue sball be in Palm Beach County. Section ~2.10 Ti.e of BS.ence. Time 1s of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. (%IITBB'l'IOIIALLY LBFT BLUr!:) y 6 07/07/95 FRI 14:02 [TX/RX NO 5745] . rr L.lOc\...-r~n-r C\..oUUI't I I IU .,.......-.-.- ..-- .)U\...---c.J1 -J,.,J.JJ J.......J,~ r.....'....t"I . Sac~ioD 11.11 aeDartt and aindin9 Bttec~. This Lease shall be binding upon and inure to the benefit of the, legal representative., successors and pe:ndtted ....19n. of the p.rties hereto. :nr "¡TUSS WBBRBOI'. the parties hereto have duly 8¥ecuted this Lease as ot the day and year first above written. PALM BEACH COUNTY, FLOR:IDA, A ArrEST: POLJ:TICAL SUBD:IVISION OF THE STATE OF PLORIDA Dorothy H. Wilken, Clerk By: By: Deputy Clerk Chair APPROVED AS TO FO~ AND LBGAL SUFF:ICIENCY County Attorney " ATTEST: LESSEE: C::tTY OF DELRAY BEACH By: City Clerk By: , Kayar APPROVED AS TO FORM AND LEQAL SUFPJ:CIENCY City Atto2."ney H'...-\q_n.l·I...... 01/07/95 7 07/07/95 FRI 14:02 fTX/RX NO 5745) . rr.LJc.""'-r~I'ïrD\...ULJ'1 T IU ~~¿¡ia(,(CI"i(~::> t"'". ~"'f --_ -... .~~>J .L~. .I..c::: r~UI·1 . BUlB IT "A" LBGAL DBSCRZP'1'%OH or TaB PRBMI8B8 Commencing at the intersection of the Western boundary line of Ocean BOUlevard (State Road A-I-A) \lith the North line of Beach Lot 24, plat of the fractional Bast 1/2 of Section 16, Township 46S, Range 43B, according to the Plat thereof, as recorded in Plat Book 1 at Page 25, of the Public Records of Palm Beach County, Florida; thence Southerly along said West boundary line of Ocean Boulevard, a distance of 27.16 te.t to the Point of Beginning; thence Westerly parallel to said North line of Beach Lot 24, a distance ct 215.06 feet to a Point; thence Southerly making an angle with the preceding cours. of '1°37 · measured from East to South; thence 73.03 t..t to a Point; thence Easterly parallel to said north line of Beach Lot 24, a distance of 209.01 feet to a Point; said point being in Western boundary line of Ocean Boulevard; thence Northerly along said boundary line a distance of 73.45 teet to the Point of Beginning. , TOTAL P.14 07/07/95 FRI 14:02 [TX/RX NO 5745) . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf!1l{ SUBJECT: AGENDA ITEM # q (} - MEETING OF JULY 11. 1995 RENEWAL OF MARKETING AGREEMENT/LID DUN INTERNATIONAL, INC. DATE: JULY 7, 1995 This is before the Commission to consider renewal of the Marketing Agreement between the City and Liddun International, Inc. for the Tennis Stadium for professional tennis events and the non-exclusive right to market the stadium for other events with the approval of the City. The agreement is basically the same as that entered into in June, 1992, except that the bond limitation language has been included in paragraph 9. Liddun is to be responsible for all expenses and will receive twenty percent (20%) of the gross rental fee received by the City for the use of the stadium and adjacent courts for an event arranged through Liddun. The agreement is for two years. Recommend approval of the renewal of the Marketing Agreement between the City and Liddun International, Inc. ~5-0 ref:agmemo5 . Agenda I tern No. : AGENDA REQUEST Date: July 7. 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 11. 1995 Description of agenda item (who, what / where, how much): Request approval of marketing agreement with Liddun International for the marketing of the Tennis Stadium for professional tennis events and the non-exclusive right to market the Tennis Stadium for other events with the approval of the City. Liddun is to be responsible for all expenses & will receive 20% of the gross rental fee received by the City. This agreement is for 2 years. ~ ORDINANCE I RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommenda tion: Approval. Department Head Signature: Determination of Consistency wi 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: ~/ NO ~ Hold Until: V Agenda Coordinator Review: Received: Action: Approved/Disapproved . £IT' DF DELRR' IER[H RECEIVEr' JUt - 7 1995 DELRAY BEACH CITY MM" - -~".:, "..c/ f LOR lOA, tdtd '-, J'( 100 N.W. 1st AVENUE· DELRAY BEACH. FLORIDA 33444 . 407/243-7000 ;iiir 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Marketing Agreement with Liddun International DATE: July 7, 1995 Attached please find a renewal of the marketing agreement between the City of Delray Beach and Liddun International, Inc. for the marketing of the Tennis Stadium for professional tennis events. The agreement also grants to Liddun International the non-exclusive right to market the stadium for other events with the approval of the City. This agreement is basically the same format as originally entered with Liddun in June of 1992 with the exception of the inclusion of the bond limitation language. The agreement calls for the following: 1.) Liddun International's efforts should be directed toward events which bring revenue to the City provided, however, that Liddun will also bring to the attention of the City events which may not bring revenue but which may bring publicity to the City. 2. ) Liddun shall be responsible for all expenses involved in the performance of its duties pursuant to this agreement. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . 2 3. ) Liddun shall receive as compensation for services 20% of the gross rental fee received by the City for the use of the stadium and adjacent courts for an event arranged through Liddun. 4. ) Compensation shall not be paid to Liddun for an event promoted by Liddun. 5. ) The agreement shall be for 2 years, and either party may, within 60 days prior to the anniversary date of this agreement, give notice of its intention to terminate this agreement. Events brought to the Tennis Stadium by Liddun International include the proposed Legends Tournament and concert to be held on November 30 through December 3, 1995, for which we are currently negotiating an agreement. I request this be placed on the July 11, 1995 agenda for City Commission consideration. Parks and Recreation Attachment JW:cp Ref:lidnmkta . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH f lOR. I 0 ¡\ ba.I:II AII·America City MEMORANDUM , (III! DATE: June 29, 1995 Joseph Weldon, Director of Parks and Recreati~ 1993 TO: FROM: David N. To1ces, Assistant City Attorney SUBJECT: Marketing Agreement - Liddun International Attached is a draft of the marketing agreement between the City and Liddun. As I previously informed you, the current marketing agreement expires on July 6, 1995. The only change to the agreement is the inclusion of the bond limitation language in Paragraph 9. I suggest that we try to place this agreement on either the July 11th or 18th agenda for Commission approval. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Susan A. Ruby, City Attorney market.dnt RFrF .- ,- 'j ® Printed on Recycled Paper . AGREEMENT @[XJjjJ ~ V THIS AGREEMENT made and entered into this _ day of , 1995 by and between the CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as CITY) and LIDDUN INTERNATIONAL, INC., a Delaware corporation, qualified to do business in the State of Florida, (hereinafter referred to as LIDDUN). WIT N E SSE T H: WHEREAS, CITY and LIDDUN entered into an agreement dated June 5, 1992, for LIDDUN'S use of the newly constructed Delray Beach Municipal Tennis Center ("Stadium") for the Delray Beach Winter Championship; and WHEREAS, said Agreement gives LIDDUN ceqain rights concerning what types of tennis events may take place at the stadium and when the stadium may be used for events; and WHEREAS, CITY desires to have LIDDUN market the Stadium for professional tennis during the year when the Stadium is not being used for the Delray Beach Winter Championship. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. :firm. This Agreement shall be for the tenn of two (2) year ftom the date written above. 2. Expiration. In the event the tenn of the agreement expires, this Agreement shall be of no further force and effect, except for payment by the CITY of compensation due LIDDUN for events booked prior to tennination and held within one year from the date of expiration of the Agreement. 3. Exclusive Rights. The CITY hereby grants to LIDDUN the exclusive right to market the Stadium for professional tennis events. CITY agrees to refer all parties inquiring 1 . . about the use of the Stadium for professional tennis to LIDDUN. The CITY also grants to LIDDUN the nonexclusive right to market the stadium for other events subject to Section 8 of this agreement. The CITY shall also retain the right to market the facility for amateur tennis tournaments and other sporting and non-sporting events. 4. Use of Best Efforts. LIDDUN agrees to use its best efforts to market the availability of the Stadium for professional tennis, utilizing the personnel of its office in Fort Lauderdale, Florida for such effort. LIDDUN will provide a report once each quarter detailing its contacts with potential Stadium users. 5. Types of Events. Both parties agree that LIDDUN'S efforts should be directed towards events which will bring revenue to the CITY; provided however, that LIDDUN will also bring to the attention of the CITY events which may not bring revenue but which would bring publicity to the CITY. 6. Expenses. LID DUN shall be responsible for all expenses involved in the performance of its duties pursuant to this Agreement. 7. ~. LIDDUN shall receive as compensation for services rendered pursuant to this Agreement an amount equal to twenty percent (20%) of the gross rental fee received by the CITY for the use of the tennis stadium and adjacent courts for an event arranged through LIDDUN. The term "gross rental fee" does not include concession fees, fees paid to CITY for use of temporary bleachers, concession booths, the community center, or other accessory facilities erected or used in conjunction with an event. Compensation shall be paid to LIDDUN within five (5) days of the receipt by the CITY of such rentals or license fees. Compensation shall not be paid to LIDDUN for an event promoted by LIDDUN. 2 . 8. City Approval of Events. CITY shall, at all times, retain sole and complete discretion concerning approval or denial of use of the stadium for events covered by this Agreement. LIDDUN will use its best efforts to identify and contact potential stadium users, will discuss such use and the compensation involved with both the user and the CITY, and will recommend to the CITY either approval or denial of such use based on those discussions. The CITY, with such further advice from LIDDUN as it shall request, will then conduct fmal negotiations with potential users, including the drafting and execution of appropriate written agreements for such use. Such agreements may contain all provisions required by the CITY. 9. Bond Limitations. A. It is recognized by LIDDUN that the tennis stadium has been fInanced with process of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to fInance the same. B. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the CITY, if any payment required to be made under the provisions of this Agreement to the CITY would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the CITY issued to fInance or refInance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to 3 . this Agreement. Upon such tennination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond counsel, would not have negative tax consequences. 10. Independent Contractor Status. Liddun and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 11. Cancellation. Either party may, within sixty (60) days prior to the anniversary date of this Agreement, give notice of its intention to terminate the Agreement. 12. Compliance with Laws. LIDDUN shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Delray Beach and of any other public authority which may be applicable to the use of the Stadium by LIDDUN. LIDDUN shall obtain at its expense any and all required permits and licenses including an occupational license if required. Th~ parties agree that there shall be no segregation or discrimination practiced at the Stadium because of age, race, sex, color or creed, disability or handicap against any patron, visitor, attendee or customer. 13. Governing Law and V enue. The validity, construction and effect of this Agree- ment shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 4 . 14. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the tenns hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict perfonnance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, tenn, condition or election by the same shall continue and remain in full force and effect. 15. Notices. Any notice require under this Agreement shall be sent via U.S. Mail, return receipt requested, to: Liddun International: George Liddy, President 2929 East Commercial Blvd. Ft. Lauderdale1 FL 33308 City of Delray Beach: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 16. Severability . Should any part, tenn or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year above first written. WITNESS: LIDDUN INTERNATIONAL, INC. By: George Liddy, President (print or type name) (SEAL) 5 . , STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 1995, by George Liddy, President of Liddun International, Inc., a Delaware Corporation, on behalf of the corporation. He IS personally know to me/or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public- State of Florida CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor Alison MacGregor Harty City Clerk Approved as to Form and Legal Sufficiency: City Attorney liddun-2.agt 6 . I 'II" M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9 H - MEETING OF JULY 11, 1995 RESOLUTION NO. 50-95 AND SUPPORT REOUEST FOR 18TH ANNUAL "ROOTS CULTURAL FESTIVAL" DATE: JULY 7, 1995 This is before the Commission to consider Resolution No. 50-95 supporting the Roots Cultural Festival, Inc. in their efforts to sponsor the 18th Annual "Roots Cultural Festival" in the City of Delray Beach from July 16 through August 13, 1995. In addition, the Festival Committee is asking for a $3,000 donation from the City to be used for operating expenses, stage use and waiver of the rental fee, permission for merchants along Atlantic Avenue to display the "ROOTS" flag, a tent permit, and waiver of fees for the use of Pompey Park and other appropriate City facilities. Also requested is a 50% waiver of Police overtime, estimated at $3,200, for festival security, together with a waiver of all non-Police overtime for staff necessary to assist with the various activities. Funding in the amount of $2,000.00 is budgeted in City Commission Special Events (Account No. 001-1111-511-48.10). The other requests can be approved administratively, except for the waiver of overtime. Recommend approval of Resolution No. 50-95 and consideration of the related support requests for the 18th Annual "Roots Cultural Festival". i?Mo~ c¡i- ~ ~. . ~ åJ/~~~~ I _ ~~~~ (id¡ ~ ~ ref:agmemo16 S--Q .. . ¥.. ,"r.'__. _+_. _,__ .~_"_o .__.~ ._ ' .._~. --.--< - - - ---_. ~ .,- '''-'--' ~_...'-. -- -., .-- -. ~-_. - .~..'" . .- ._--,--_.~._---~._----,--- ._-~-"_._-_._-"----~-- . ._"',._,,_~_..__.__ _. _.__«...._._....0__..·· _ ~._._~, _. -' _._--- --.- - -.--- RESOLUTION NO. 50-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. , IN THEIR EFFORTS TO SPONSOR THE ! EIGHTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY , I OF DELRAY BEACH, FLORIDA. : WHEREAS, the Roots Cultural Festival, Inc. , is sponsoring the eighteenth annual "Roots Cultural Festival" on July 16 through August 13, 1995, in the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage of the : people of African ancestry in our City; and, WHEREAS, this idea was conceived by Jefferson Manor Homes , Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City; and, WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry; and, WHEREAS, the activities of the festival are to promote academic . excellence among our youth, in the form of a spelling bee, an essay, math and oratorical contest; to promote physical fitness through sports tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions; and, WHEREAS, the highlight of the festival will be the "Festival in the Park" activities which will focus on cultural and culinary artists from the various countries; visual and performing arts, ceramics and ! jewelry will also be presented in "The Marketplace at Roots", I' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ¡ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I ! Section That the City Commission of the City of Delray I 1. I Beach hereby supports the Roots Cultural Festival, Inc., in their ! efforts to sponsor the eighteenth annual "Roots Cultural Festival" in I the City of Delray Beach, Florida. I PASSED AND ADOPTED in regular session on this the 11th day of July, 1995. ~~ I I ATTEST: MAR &mn'fW£ k<¡ð7 //(2<+ i I ITY CLERK ; . v I ,. - . '. RECEIVED JUN 2 7 1995 CITY MA~' ~ ......1"\.(' nC¡:Ir.E ROOTS CULTUP~L FESTIVAL P.O Box 265l,t Delray Beach Florida 33l,tl,t7 Telephone (/,r07) 276-2099 June 12, 1995 The Honorable Thomas Lynch, Mayor City of Delray Beach 100 NW First Street Delray Beach, Florida 33l,tq.l,t Dear Mayor Lynch: The time for the Roots Cultural Festival is here .:'\gain. We expect our 18th Annual Festival to be as successful as always. On behalf of the Fest.ivaI C0InI1!i ttee, I ~'l':)uld like to thank the City of Delray Beach for its past participation and resolution :::upp,.)rting our efforts to bring positive ("1-\1 tural ac·tivities t·) +:h~ Delray Beach 3rea. '-JJe ~re again asking that ':1 Resolut~on be granted by the City C::)'IT'l1ÜS s ioners sancti(xling the e f f CJ-l:'tS of this organi2ation t,hY-·)11gh the support ·:>f the variolls Mun icipal Departments. Having ",arked closely with the Police, P::tl.'ks ,3.nd Recreation and other Departments, "Ie are certain ~hat we will be able to give positive influences to our city. The comrn1.lni ty enthusiastically looks forward to this event each year. Through our statewide contact and national promotions we have helped cause the name of Delray Beach to become synonymous wi th s\.l1T\mer cultural experiences. Attached, please find a copy of our schedule and support request list. ItJe are looking forward to seeing you and the CO!TlInissioners ·3.t. (>1,lr f est.i vi ties t,.¡hich are planned for July 16 t.hrl,)ugh August 1:¡ 1995. . Sincerely, ~o;:;f1!!::::: .. Chairperson " , C'c: . Vice Mayor . Deputy Vice Mayor Commissioners /' City Managers :. .... . SUPPORT REQUEST LINE l. A donation from the City of 3,000.00 to go towards the operating expenses of the festival. 2. The City to pay 50% of ~the cost for Festival security. 3. The City to wavier the fee for the rental of the stage from Friday, August 11, through Sunday, August 13. 4. The City to allow the merchants along Atlantic Avenue to display the "ROOTS" flag. 5. The waiver of fees for use of facilities and staff for all activities scheduled at Pompey Park and other appropriate city facilities. . ALL AMERICA CITY ROOTS CULTURAL FESTIVAL, INC. ~ CALENDAR OF EVENTS .July 16-August 13, 1995 THEME: WHEN WE LOOK BACK A HUNDRED YEARS, THE WHOLE VILLAGE RAISED THE CHILD......PHYSICALL'Y:....MORALL'Y:.....SPIRITUALLJ:.. IT WORKED!! - Sunday, July 16, 6:00 pm.....,................................,...........,.....................,......, Roots Dedication Services Christ Missionary Baptist Church Matthew Mitchell 278·4484 Wednesday, July 19.5:00 pm .....,.,.................,....................................,..,.........,................... Business Expo Pompey Park Gym LaClaire Bowdry 738·1991 Friday, July 21,6:00 pm ................,.,..........................,.,........,......................... Racquetball Tournament Ssturday, July 22, 6:00 pm Pompey Park Courts Sunday, July 23, 6:00 pm Dennis Murray 243·7356 Saturday, July 22, 1:00 pm. ..,.................,......,..............,....,.......,....,.,.......... Youth Bowling Tournament Boynton Fair Lanes Willie McGriff 272-7049 Sunday, July 23,7:00 pm * ............,.,........................................,..,.......................................... Gospel Fest Pompey Park Gymnasium Sheldon Edmonds 272·5929 Wednesday, July 26, 7:00 pm ......,.......................,.......................,...,...,......,.. Spelling Bee Preliminaries Pompey Park Auditorium Brenda Durden 498-7578 Friday, July 28,8:00 am ...................................................................... Tennis Tournament / Registration Saturday, July 29, 8:00 am ATA Workshop Sunday, July 30, 8:00 am Tennis Center Dennis Murray 243-7356 Friday, July 28, 7:00 pm ......,...."........,.. .................. ........ .... ........... ................,... ................... .... Coronation 8:00 pm .,........ ............... .........,... ...... ......... ............. ..... ........ ................... Ashante Dancers Old School Square Crest Theatre Sandra Weatherspoon278-7409 Deborah Wright 276-5372 Saturday, July 29, 8:30 am ......................................... ............................... ............... ...... Basketball Clinic Pompey Park Gym William Asbury 737-3568 , . " Loc,¡;...·'C/ry 2 Saturday, July 29.8:00 pm .....,...............,...,............,.............,.:Phi Beta Sigma Sweet Summer Dance Clay Wideman 276-4915 Sunday. July 30, 7:00 pm ..... ......,..........,........,. ...........,...........,..... ......,......,. .,....... ,. ...... Oratorical Contest I St. Paul Baptist Church Marilyn Harden 736-0442 Monday, July 31,7:00 pm ...............................,...........,............................ Essay & Spelling Bee Contest Pompey Park Auditorium Ann Williams ( ) Brenda Durden 498-7578 Tuesday, August 1, 7:00 pm ............ ..................................................,..,.. .,............ ....... ..,........ Math Contest Pompey Park Auditorium Pearl Jackson 272-9629 Thursday, August 3, 7:00 pm ...,..............,..............,.....................................................,.... Youth on Parade Pompey Park Auditorium . ,........ .... ......,..,. .,. ......,.......,..,...........,.................. ,..............,.............".'".,.... .....,..... ,......... Pearl Reed 276-0949 .- Friday, August 4, 6:30 pm ........................_.....,..................................................... Basketball Tournament Saturùay, August 5. 8:00 am Pompey Park Gym/Delray Civic Center Sunday, August 6, 8:00 am Carver Middle School Freddie Grice 243-7264 Saturday, August 5, 8:00am................... ................................ ......................... ........... Softball Tournament Sunday, August 6.8:00 am Pompey Park Dennis Murray 243·7356 Saturday, August 5, 12:00 noon..................................................................... Adult Bowling Tournament i Boynton Fair Lanes Willie McGriff 272-7049 Saturday, August 5, 7:00-10:00 pm ........................ ..... ................. ................ ............................... "Step Show" Pompey Park Gym (Sororities and Fraternities Only) Mary Randolph 278·7148 Friday, August II, 7:00 pm ................................................................................................. Festival Parade W. Atlantic Avenue/City Hall Deborah Wright 276·5372 Lawrence Striange 278-4136 Friday, August 11,8:30 pm ............ After the Parade flag Raising, Jazz in the Park & Talent Show Pompey Park Field Lawrence Striange 278-4136 C ItL~.v,-..O- 7X.- fl.. "'~ Saturday, August 12, 8:00 am ... ....... ........... ........... .......... ............................................... Prayer Breakfast Pompey Park Joyce Walker 265-2553 Saturday, August 12, 8:00-11 :30 am ........ ................... ...... ..... ........................................ ....... ...... Health Fair Pompey Park Hall AKA Sorority, Mary Randolph 278-7148 Saturday, August 12, 11:00 am ..... ................, ...................... ....................,......................... Annual Meeting Pompey Park Tommy Stevens 276-2099 . . " . . Saturday, August 12. 11:00am-1:30 pm ..................... Youth Explosion, Guest Speaker: Flip Schulke Pompey Park Gym ........ ......,.......".. ,.,..,..,.................."............"............,............. .....,.......... ........,..."....,. Mary Randolph278-7 148 Saturday, August 12, 3:00 - 11:00 pm ........................................................... All Day Festival in the Park Pompey Park Field Elizabeth Wesley 278-1013 Tammy Davis 279-9683 - Sunday, August 13 , 7:00 am ............................... ............... ....... ............ ............ ............... Golf Tournament, Delray Beach Municipal Golf Course Lottie & George Williams 278-3761 Sunday, August 13, 2:00·8:00 pm .... ..... ......... .............. ............ .,............ .......... ................ Gospel Festivities, Pompey Park Tommy Stevens 276-2099 Elizabeth Wesley 278·1013 For information concerning the scheduled events, call: Tommy Stevens 276-2099 ,- Shirley Bryant 276-8721 Elizabeth Wesley 278-1013 Concessions: Jenny Thomas 278-7836, 276-8721 Shirley Plummer 276-3087 Souvenir Book: Clayton Bell 278-2782 T Shirts: Shirley Bryant 276-8721 I . . 1)1\ tJ'1 [IT' DF DELIA' BEA[H DElRAY BEACH F lOR I [) A tI.f&d 100 N.w. 1st AVENUE· DELRAY BEACH. FLORIDA 33444·407/243-7000 All-America City , III J! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: pJt8Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 7/11/95 SPECIAL EVENT REQUEST/JOINT VENTURE- SUMMER NIGHTS ON THE AVENUE DATE: July 7, 1995 ACTION City Commission is requested to endorse and approve the Summer Nights on the Avenue series for July 14, 28, 29, August 18, 26, 27 , and September 1, 1995. Approval to include the following: 1. Temporary use permit per LDR's Section 2.4.6 (H) 3 for street closures and use. 2. City staff to provide barricades, signage, trash pick-up, street and sidewalk cleaning and police security/traffic control. 3. Waiver of staff overtime. BACKGROUND The Downtown Joint Venture has again planned summer activities in the downtown area. On selected Friday, Saturday and Sundays, from July 14th through September 1st, various activities at several locations are planned. A detailed description of each event is attached. The Joint Venture is requesting use and closure of streets, staff assistance, and a waiver of staff overtime costs. Estimated overtime costs for all the Summer Nights' events is between $4,000 and $5,000. This cost may be reduced depending on the need for police security. RECOMMENDATION Consider the Joint Venture's request for temporary use permit, street closures, City staff assistance, and waiver of overtime. RAB:kwg Attachment THE EFFORT ALWAYS MATTERS Cl. I. . @ Printed on Recyc/ed Peper . I' rr:' ~~ ~, ~ ~ July 6, 1995 Mr. Robert Barcinski, Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: The Downtown Joint Venture has once again planned summer activities downtown, responding to requests of both the community and the merchants. On selected Friday, Saturday and Sunday nights from July 14 through September 1, there will be early evening events on specific locations throughout downtown. The major media sponsors have been secured, and the planned activity schedule proof is attached. In order for the Summer Nights on the Avenue promotion to be successful, there are some needs requested of the city on specific evenings. Friday, July 14 - Back Room Street Party. Atlantic Avenue to be closed at Swinton Avenue and at NE 1st Avenue from 5:00 p.m. - 10:30 p.m. Half of the city small stage will need to be placed in the street facing west, with the back of the stage at 1st Avenue. Cardboard trash containers will be needed on both sidewalks. We also request that the waiver of the open containers ordinance and the noise ordinance be waived for the same time frame for this area. Friday, July 28 and Saturday, July 29 - Erny's Jazz Festival Final Days. Arrangements have been made with Erny's for the parking lot to be closed from 3:00 - 11:00 p.m. Barricades used for Art & Jazz will be needed to close the lot each afternoon. The city 24' x 30' stage with covering needs to be set up at by 5:00 p.m. until 11:00 p.m. on both nights. The stage can remain in this location until Monday morning. Extra cardboard trash containers will be needed throughout the parking lot. The open container ordinance and sound ordinance will need to be waived for these two evenings. DELRA y BEACH JOINT VENTURE' Community Redevelopment Agency' Delray Beach Chamber of Commerce' Downtown Development Authority 64 S.E, Fifth Avenue, Delray Beach, FL 33483' Tel: 407-278-0424 . Fax: 407-278-0555 '.. ' Friday, August 11, Saturday, August 12, and Sunday, August 13 - Roots Cultural Festival. Organizer, Tommy Stevens, will meet with you separately as in the past to outline needs for the weekend festivities. Attached is the proposed schedule of events. Friday, August 18 - Street Party at Elwoods. Atlantic Avenue will need to be closed from the Railroad Tracks at Elwoods ( or NE 2nd Avenue because of the RR? )to NE 4th Avenue, and 3rd Avenue from Atlantic Avenue to the alley, from 6:00 p.m. - 11:00 p.m. HaJf of the small city stage will need to be placed facing Atlantic in the intersection of 3rd Avenue next to Sun Bank. Cardboard waste containers will be needed.. The waiver for open containers ordinance and the sound ordinance will be needed for this area. Friday, August 25 - Concert at Veterans Park. Power needs to be available at the pavilion in Veterans park at 5:00 p.m. The irrigation needs to be turned off for the evening. Bathrooms at the Adult Center need to be open from 5:00 - 11:00 p.m. (Do you think the interior partition for the women's bathroom will be replaced by this time?) Saturday, August 26 & Sunday August 27 - Sanctioned World Federation POG Tournament. Will need use of Veterans Park from 8:00 a.m. - 6:00 p.m. on Saturday only. Bathrooms open, power available and irrigation turned off are requested at this time. Final details of the tournament are still being worked out. Sunday, the tournament will take place at Bethesda Memorial Hospital. Details are still being finalized. Friday, September 1 - TGIF Street Party at the Beach Ocean , Boulevard to be closed from north of the Holiday Inn south to Boston's, and Atlantic Avenue from Ocean Boulevard to Andrews Avenue from 6:00 p.m. - 11:00 p.m. HaJf of the small city stage will be needed, on Ocean Boulevard facing west, with the back next to the flag pole.. Will need a waiver of the open container ordinance and the sound ordinance for the area, same time frame as the street closing. Extra cardboard waste containers will be needed. Once again, thanks in advance for your terrific support. Sincerely, ~ Marjorie Ferrer Downtown Coordinator , ~ I I " "I!"-',~n;1~II.. ~~- . ¡¿?l .~. I ,t..:....'" I - - Atlant.lc Aven.ue 4» DeJray Beac:h -@- ~~~~~........... -~- ';::.' Ji'rldti" .July 14 SuntJ.\v AU.~lIst 1:~ JiMk UOI)/\I /tr~et l'llrt)', ()It! ,~crn~l &IUlU'CI Iblò!à Culhmtl ~~1JY~ GuU 'rUUflIIml~\lt UJld mo.-A (~\WI f.IO:>td) 6· J;:IOlllu IMh1IÎn,,1111! (Io~pe 1'1$ C Mt/\I8. ft'mll~Y 1~lr~. 71\"1 Ii ~.. 8¡,ln Nuck!(b\l~t\~r!l !1U¡~ld~ r"IU>iI~, St.r!l:lJy IIII~rl1ffiH i11t~dr O::ro ' 2MI, In~1(1¢ ,~,QP c{I\'('r l<'rldny Allgu~t J~ ..,,"'.......,.... Stl'lwt ",rty. l)ownlown 30(¡ ßuck 01 tlfll\lItlo ¡:rJdl~Y "July 2S , AvmHw. !..ivo hMU al ~;Jwoo~x, 7· fOplll IìrnY·II.11t:If.I.l1¡~t1vQ.1lu;l1lu1(:¡t II\(¡ Iku (uld ..,.,..........". ,JUMltQ l>i.'lØn. 7· Wpm Friü¡¡J ¡'\u!:usi ~¡¡ ~.t!.tnJ'd:fV .1uh:29V ('<I1I(:l1rt :II \('lrnIllH f\J'k. ¡"hull <Úl-Y tit EI'uy',' ,Jlw' J!e~lhl\l Intm'1)1\~rlll ,¡( ¡\U¡\II\Jc ¡\\~'i1Ui\ i . IOpnt r~Q(1.lriQI~ Shtl ShMY tl\t! Mkb..\1! &.Iu.ldin 1m!! S¡lí\lrd:\~ August 26 Ihr. CllfaJ t('<!ÍII\' JI<I1III, 7· 1011111 Wol'Il! R\41\\n\tlOI1 I'(~ "(}IU'M1I11\IIt . '-~'''' .. ~t \;:t,,¡'~"~ I\LI·~. IOnID,;¡µm Vríday I\Uglllil I V SIlß(ll~" Allltllst 27 Ul.ot.~ f.ìultun\J ~'o~t1ylÙ !'aradc. Jfl1.~ 1\1 tll( W¡¡rlrl r,~lt\¡lItÌorl pO(, Tonf1ULlIIt'lIt I~\rk & 1'!t'I'Jlt SholV. HlmJry ~\I'k. ¡¡¡pm ["Jo;¡,~ fit ßctl:(~n Mtmr,rhd lIo~p¡t¡tI. IV/Lm· ;¡pm HuLurday ,,\U~I.I:¡' 12 ..,......-...- Rll<>ttl ()Ultul'1l11'118t1V11II~.yor tnmklMt, !I~altb l~rhlIY M(jpt~mb,'r 1 ('\\Ir. ).tllLtll F~plOl\wlI Glrost ~po.·o~r. ~1ill $dlul~~. I',rtj' 011 (Ja'¡1IJ J)"ul~YIlJ'd at AthU1t!C AI'CUlJI), 1\11 )<I)' f'o$i:IVI\1 In [\~)11)(~ 1~lrk. ¡¡ mn " ¡ 111m Street dO:\4:d, ¡'¡VII nm~ic. i . OI¡ß! "'~..~----"""~~ Sponson~d by I] Dulray Beach ,JoInt '~mtuf(.\: Sunny ÇunUllunli)' Hcd!iWfuplucn! ,~'CII<:>' tooI'M . I):!n,v ß.'J1èll CUnml.!!t III (~)III1(:N:11 ()IA''1t. ¡>( 1J,\~n!own t)("1JIUµnMÜ I\HUI1Jrity City or Ddra.y Hoùd! Th(,\ P.llm Head, l'ost. "' - - I !"OSTeR, PMS 1 ii, 716105,10:19 AM I 'T . Friday July 14 · 6 to 9:30pm J1J~ - , ,., . 3~~1¡ ~ .. "" -..: -. Old School Square Block (street closed) '''~ The Nucklebusters I Strictly Business ~\.~ ,;.~~\? outside and it's FREE inside 9:30 - 2:00am, ($500 cover) Sponsored by Delray Beach Joint \énture: Sunny ~ Community Redevelopment Agency Delray Beach Chamber of Commerce IOf,.3FM Downtown Development Authority av~ City of Delray Beach The Palm Beach Post DJ-v.'r . atlaDtie r~ , aV~! ()eÎ~ I eØ July 5, 1995 Press Release for DELRAY BEACH DOWNTOWN JOINT VENTURE Contact: MARJORIE FERRER (407) 279-1384 Suggested headline: Downtown Delray turns up the heat for 'Summer Nights on the Avenue" For those of you who requested more weekend activities in Downtown Delray Beach, "Summer Nights on the Avenue" will offer plenty to choose from July 14 through September 1. Coordinated by the Delray Beach Joint Venture, the program combines the best elements of successful street festivals - great music,. food, art, people and special events on selected Fridays, Saturdays and Sundays. Newcomers will notice how well Delray's casual, summer ambiance complements the overall feel of Atlantic Avenue - with its charming brick sidewalks, nostalgic street lamps, sidewalk cafes and chìc restaurants. "Downtown will be anythìng but quiet this summer, with street dances, jazz festivals and POG tournaments to complement numerous special events'" explains Downtown Coordinator Marjorie Ferrer, who also oversees downtown's Art and Jazz on the Avenue. Getting under way on Friday, July 14, "Summer Nights on the Avenue will start at the Back Room Blues Bar at 16 East Atlantic Avenue. Atlantic Avenue will be closed for one block from 6 - 9:30 p.m. at Old School Square, with the featured band The Nucklebusters outside, FREE., and from 9:30 - p.m. - 2:00 a.m., Strictly Business will perform for a $5.00 cover charge. Friday, July 28 and Saturday 29: celebrate the final weekend of the 15th Summer Jazz Festival at Erny's. Friday will be Blues Night, featuring IKO IKG, 6 - 10 p.m. on the outside stage, and Juanita Dixon on the inside stage, 8 - midnight. The block party will continue on Saturday with Sha Shaty on the outside stage from 6 - 10 p.m., and on the inside stage, Michael Schudin & The Coral Reefer Horns, 8 - midnight. DELRA y BEACH JOINT VENTURE · Comøømity Redevelopment Agency. Delray 8eId1 ChImber ofCommert:e. Downtown Development AuIbority 64 S.E. Fifth Avenue, Delray Beach, FL 33483. Tel: 407·279-1384. Fax: 407-278-0555 . "Summer Nights on the Avenue" is sponsored by The Palm Beach Post and Sunny 104.3 FM. It is coordinated by the Delray Beach Joint Venture, a collaboration of the Chamber of Commerce, the Community Redevelopment Agency and the Downtown Development Authority, and the City of Delray Beach. For information on specific events, call (407) 278-0424 or (407) 279- 1381. . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'JI1 SUBJECT: AGENDA ITEM # q;j - MEETING OF JULY 11, 1995 CONTRACT ADDITION (C.O. #10)/CHAZ EQUIPMENT COMPANY, INC. DATE: JULY 7, 1995 This is before the Commission to consider a contract addition (Change Order No. 10) wi th Chaz Equipment Company, Inc. for the emergency removal/replacement of a deteriorated sanitary manhole on Juniper Drive in The pines of Delray The existing 12 foot deep manhole has settled approximately one foot causing the eight inch clay inflow/outflow lines to shear outside the manhole. The resulting infiltration of fill material into the pipe has caused the surrounding pavement to undermine and collapse. Three bids were solicited for this work, with Chaz Equipment Company the low bidder at $18,500. Funding is available from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) . Recommend approval of contract addition (C.O. #10) to Chaz Equipment Company, Inc. ~ .5-0 AqeOOa Item No. : 9f AGJH)A 1<l!UJ.tSr Date: July 6, 1995 Request to be placed on: X Regular Agerrla - - Special Agerrla Workshop Agema When: July 11, 1994 Description of item (who, what, where, how much) : staff requests City Camnission to approve add O1ange Order #10 to Olaz Equipnent co., IIx:. for the Roadway Reconstruction Plan (Projects Fast of the Intracoastal Wat:e1:way) i SE 5th st (PaveIœ1'lt an:i utility Improveœnts) - (92-02, 93-15). Q1an¡e Order #10 is for relTOVin;J an:i replacing an existing deteriorated sanitary manhole on Jmrl.per Dr. in '!he pines of Delray (see attached location map) . '!he existirxJ manhole has settled œ.using the inflow joutflow 8" clay mains to shear outside the structure. '!he resulting infiltration of fill material into the pipe has œ.used the surroun:tirg pavement to umermine an:i collapse. The price fran O1az includes all labor equipnent an:i material to replace the manhole an:i adjacent piping, dewatering, by-pass punping, traffic maintenance an:i surface restoration to a like or better corxlition. '!he annmt of O1ange Order #10 is for $18,500.00. '!\Yo other bids \Vera solicited for this work. A price of $24,500.00 was received fran by Johnson-Davis, Inc. an:i a price of $30,525.00 was received fran Molloy Brothers, Inc. F\n'xling Source is the Manhole Rehabilitation R&R 442-5178-536-61.84 for $18,500.00. ORDINANCEjRESOIlJI'ION REQUIRED: YES€JDPAfT ATrAœED YES6;J Reconu1lerxiation: Order #10 Depa.rtmentHead - Signature: Determination of Consistency with CŒlprehensive Plan: City Attorney Review jReconu1lerxiation (if applicable) Budget Director Review (required on all items involving experrliture of funjs): F\n'xling available: ~NO F\n'xling alternativ AJ/A ~ applicable) Account No. & Description 1./-4;;- 5/7~- :73(, - 1:,/,. 2N w+s R+«.. ¡NIANikLF 'ÆJ.hM) Account Balance tFZ1, S-f.. 9, 9-f ) . city IIanager Review: §J ~~ 7h/~t- ~farageroa:. ID ~~~J;-pQJ) ~ Hold Until: ... .... ' 1\genja ~tar Review: ~11> -:R;, ~¿;;/~ Reamed: Sf ~~.""' ~^- Placed on Agerrla: ~ 1- . Action: Approved/Disapproved /agen9202.doc < Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir of Construction Div~ Date: July 6, 1995 ¡r~ ~ Re: Roadway Reconstruction Plan (Projects East of the Intracoastal Waterway)- (92-02) Change Order #10 to Chaz Equipment Co., Inc. Attached is an agenda request for Commission approval of Change Order #10, to Chaz Equipment Co., Inc. on the above referenced Project. It is for the emergency removal/replacement of an existing deteriorated sanitary manhole on Juniper Dr in The pines of Delray (see attached map). The existing 12' deep manhole has settled approximately one foot causing the 81t clay inflow/outflow lines to shear outside the manhole. The resulting infiltration of fill material into the pipe has caused the surrounding pavement to undermine and collapse. The price from Chaz includes all labor, equipment and materials to replace the manhole and adjacent piping, dewatering, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. The amount of Change Order #10 is for $18,500.00 Two other bids were solicited and received by Purchasing for this work. A price of $24,500.00 was received from Johnson-Davis, Inc. and a price of $30,525.00 was received from Molloy Brothers, Inc. Funding for Change Order #10 is from 442-5178-536-61.84 R&R Manhole Rehabilitation for $18,500.00. CC : Dick Hasko, P.E., Deputy Director of Public utilities C. Danvers Beatty, P.E., City Engineer William H. Greenwood, Director of Environmental Services Mike Offie, Supt. Water/Sewer Network A:MEM09202.DOC . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT aiANGE NO. 10 PRaJECI' NO. 92-02 DATE: PRaJECI' TITLE: Roadway Reconstruction Plan (Projects East of the Intracoastal Waterway) ¡ SE 5th st (Pavement am utility Improvements) - (92-02, 93-15) 'ID cx:>Nl'RACIOR: 01az Equipment Co., Inc. YOU ARE HEREBY REQUESTED 'ID MAKE '!HE FOI..LCMING ŒANGES IN '!HE PIANS AND SPOCIFICATIONS FOR '!HIS PRaJECI' AND 'ID PERFORM '!HE W:>RK Aca:>RDINGLY, ~ 'ID AIL cx:>NIRACr SI'IPUIATIONS AND OOVENANI'S . JUSTIFICATION: Replace existing manhole (MH-22) with new manhole on Jmriper Dr at the pines of Delray (see attached location map) . O1az Equipnent, Inc. to provide all labor, materials, etc to to CCJI1t'lete the installation¡including rot not limited to clearing/pavement rem::wal, excavation, wellpoint dewatering, removal am disposal of existing manhole, by-pass pumping, rem:we existing broken 8" vitrified clay sewer pipe/replace with new SDR 35 PIC pipe am tie-in to existing, reconnect existing sewer laterals to new pipe, 12" rock bedding under new manhole, precast concrete manhole, manhole ring am cover, roac'J!.¡¡ay /swale restoration to a like or better corrlition, traffic maintenance am videotaping prior to construction. SUMMARY OF CONTRAcr AM:XJNT ORIGINAL cx:>Nl'RAcr AM:XJNT $1,349,381. 45 CDST OF a:>NSTRUCl'ION ŒANGES PREVIOUSLY ORDERED $ 552,853.50 ADJUsrED CONI'RAcr AM:XJNT PRIOR 'ID '!HIS ŒANGE ORDER $1,902,234.95 rosr OF a:>NSIRUCrION ŒANGES '!HIS ORDER $ 18,500.00 ADJUsrED CONTRAcr AMJUNI' INCIlJDING '!HIS ŒANGE ORDER $1,920,734.95 PER CENl' INCREASE '!HIS ŒANGE ORDER 1.3 % 'IDI'AL PER CENl' INCREASE 'ID DATE 42.3 % CERI'IFIED STATEMENI': I herebÿ certify that the supporting cost data included is, in my considered opinion, accurate for O1az Equipnent Co., Inc. 'ID BE FILLED our BY DEPARIMENI' INITIATING æANGE ORDER Environmental Services Department Manhole Rehab R&R 442-5178-536-61.84 DEIRAY BFAŒ, FIDRIDA by its City Camnission REX:X:MMEND: By: William H. Greenwood, Director 'Ihanas E. Lynch, Mayor of Environmental services A'ITFSI': APPROVED: By: City Attorney City Clerk . i c( I W I Q: I < W oX ,... t() 1 . ::I ~ __. ,_.. u _._ ., __._ _ _ " .~;> ZOR~O_ ~. \0' WAY ')..b' LS.~18 .. I ! - .' 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I ':' ~' : ~_,_ . ! aè ~ ~. -(\I.Q· ' pr:¡ .. ---., ,. - I ' -' ¡ - ,-'" -'. 1 --= PAPAYA I ! ,.0; :::! DRIVE 3: I .~ ë I 37 I 38 ¡ ~ 9 I a:: .. ,- ! - . .~ :. ! l1CŠA:' I ..,.. r· l~"( ~ -:,..:., z ·w '¥"~THI (j 5 ST --- 0 L. ''oJ. - T ...iA ," ..::~ , ::)-. . : I ~ ..... - I I <..> ".~ ""t. ..J .1 I~ -- . - -- I -' .'. :::~ CJ ' -,- .... . I .~1,¡.¡.... ~ '-- ~~ I J 069/ ...,':> o :. .....,-.:.,... .~'."'.- 20 a::: 3.;18 _(' .).-;, .-lr ~ -< _ '.::' .í~'··· I.': 0 ,. -,.to , _ c:. ..... _...~' - I ex ,-... ' .r- '·,v· ...... ~'J ',. I ~' _'" LaJ .-",,", ('\ - , ' ~ . .'(" oM',) '1.- I ," -- . ð .. . ~ 8 ~,,6 19 \".' ~:>,t-. , ... _ ,·,.1.··· ~ .'~: I ~ 1.«; LaJ ~ I- X ..,. c;-o 0 l_~ . .. . '% "a:l ,..1)1 :...,' - - õ " ,~ _ _ SUMAC CT. ð "--' ì ' ~ ,---. 1 .....J 1.~ :5 _.1 . C -~ CJ BLACK OUVE 8L VD. ! I ' fPi, I 'I " / I I i r -)-,.'0' ....IO~· .:\t·2~' 1..ð~· 'J. ~~. .1",..'14. D... }",. : .' r~r- ~,F rl~~ES ~F" . - §: i - . 4072437166 PURCHASING-OFFICE 465 P01 JUL 06 '95 16:07 ~/Lcf-., , E 1165 Dr. Andre's Way, Unit 5 PH: (407) 278--4451 Oerray Beaoh, FL 35445 FAX: (407) 278..5149 -...., ~ . PROPOSAL Dat.: July 6, 1995 f~ODO~.~, S~bmitt.d ~ . Wtrk ~ ~ Pe~for~e~ AlL City o~ Oelray Seach Replacement K.H. , 22 434 S. Swinton Avenue Juniper Drive D_J.ray Beach, f"L 33444 Delray eeach, Florida j ATTNa Jan:t.ce Sla2)'k I ! I We hereby propose to furnieh and install the lollowing. 1. 10' M 12' KAHHOL!, SOOTS, AND RtHO AND COVER. (Utilizing .~18t. ring and cover) ¡ I 2. REPLACE 20 LF OF 8~ VCP W/20 LF 0' 8' SDa 35 PVC , (Installation of 1Ø If o£ S· PVC per aide Q~ Manhole. ) I (Service'lateral. appear ~o b. _ithin 10 If of manhole according to drawings. ) ¡ , Hate: Should additional a" PVC main lin. be required an additional cost of .'~.ØØ p.~ 1f will be added to the lump .um price. 3. BY-'ASS PUMPING. 4. RISTCriATION. 3. REMOVAL FROM SITE EXISTING KANHOLE AND <IF HECESSARY TREES) TREES ARE HOT TO IE REPLACED IF REMOVED. The abov. vctk to be p.rfo~med in .coord.nee with verbal 1n1ormation received trom City Officials at job location. TOTAL LUMP BUM PRICE--~~-··_-_·~--------Dollar. ($18,5Ø8.ØI) With pay_ent to be made as £~11ows------30 days o~ invoice. Any alteration or deviation from abov~ ep~c1fic.tion. involving extra costs will be executed ònly upon written order, and will b.come an extra charge ovor and above the ~.timat.. All agreements contingent upon atrikea, aeø1dente, or delays beyond our cont~øl. R..pøct~ully submitted .....11 CHAZ EQUIPMENT CO., IHC. PC/'r . . 'Oil. Donnie Ocien, Pree1d.l\t Hote---This propo8al may be withdrawn by us if not .ccept.~ . ... . . 4072437166 PURCHASING-OFFICE 463 P04 JUL 06 '95 14:56 J - D JOHNSON-CAVIS INC. !'tEAW OONêTAUCTION ~N UNDEAGAOUNÞ UTILITIES 604 HILLSRATI'i D"IVe I.ANTANA, !"LOAIDA 3G4U , ~7-58S-1170 July 6, 1995 Ms. Janice Slazyk Purcha&inS Departmònt City otDe1ray Beach 100 N.W. 1st Avenuc De1ray Beach. FL 3444 Be; Manhole Replacement .. Juniper Drive Dear Ms. Slazyk: As per reque.t for proposal issued July S. 1995) by Mr. Howard Wight of the Engineering Division with the Environmental Services Department.. the following is our proposal: I Replace Mallhole Number 21... Pines of Delray Lump Sum S 24,500.00 .. R.emoval ~d replacement of 12' deep manhole is included .. R.econnection 012 laterals is included - Replacement ofapproximateJy 25' of existing 8" VCP with epoxy lined DIP is included - Density test$ are included - Base and asphalt replacement of disturbed area is included ~ Bypass pumpiþg is included - Cost ofF.H. meter deposit and water usage is not included - Sod replacc:ment of disturbed Ifa is included - COlt of aU permits is e:cc1uded .. Cost of' clearing and t. Vo inspection of C?åsting lines U'C not included Please contact our office if we may be of assistance. , I . . ' 4072437166 PURCHRS lNG-OFF ICE 463 P02 JUL 06 '95 14:55 I rep.lrs -'''''---"' ~'''-;'~r ';¡ t'~à:~~H~' ...~:t ~l·~Zl, !~.C~ ~~-~..ry .~~!~,. . P.i~-'" '" ,'! ,.. " " .. , . ,', '''\' .".".,.. .".. ~~~:'::*~=-~~~,'f~~Oÿ~~l~%:ON~;~~ .:/;;.;Ft,laUii;:i~~~~:~:: ,', ;j~~:: ":'",, ..' :,,' :" :':.": '.,:.:.' ,',~:~,~~.I:·,J "~'1~'.',,~' J ,. .' ,,' :,..~~'.~. ~,,', ,'''', '.' ,~':,....':" f~Æj.~.:·~ ", ',':.'.., ..'.. . ::"'1, ~: ::_ ,...., ,'...·r.·:, ..'n...~, :;,~.' 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',... f· .... .+-- - ! ~ ~.Gt5,~~:!It, -.... .. : '-,........~...ï5-' ,-.- .-, ---., ..-........ ,+." ' ..- .......... ,....,:,........ , ,oo. , "/ . ..... ,,'.", ,, ...,... -. '..' ",I, " ". ........, '.. ' ..' ...", " '" ' .. ,I,·,· -, ....,. ,... own am tn'l, ¡ttv. 1 :. " I .,......,..u,~,........ ........ ,-- ....~......'._-,.,......"........,'"' ..'."............. '1.." ....'..,..,'.. ..,'.... .." .... ,.."... ¡ .','."" ... , '.. ,'. "".,,,,, 0.... .. ,...___,.. , Lin, Slce; 8 i j \ I I I D !It.... ., . I . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i U2J9. - MEETING OF JULY 11, 1995 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 29-95 ,/ ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT/CARUSILLO AND EVANS PROPERTY) DATE: JULY 5, 1995 This is second reading and public hearing for Ordinance No. 29-95 which annexes a 4.17 acre parcel of land located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. The property is vacant and is bounded on the south and west by the Country Club Acres single family subdivision. The ordinance establishes initial zoning of POC (Planned Office Center) District, and also provides for a small scale land use plan amendment to change from the County's designation of HR-8 (High Density Residential - 8 units/acre) to an official City designation of Transitional. The property is located wi thin the City's Planning Area (Future Annexation Area) and is proposed for annexation by voluntary petition of the owners. Please refer to the staff report for further analysis. The Planning and Zoning Board considered this matter at public hearing on May 15, 1995, While not opposed to the annexation, the Board felt that the office zoning was not appropriate at this location and voted 6 to 0 to recommend that the request be denied. On June 6, 1995, the Commission voted unanimously to pass the ordinance on first reading. Public hearing was scheduled for June 20, 1995. However, due to an error by the newspaper in not publishing one of the required advertisements, it was announced at the June 20th meeting that the hearing would be continued to the date certain of July 11, 1995, at 7:00 p.m. This is a quasi-judicial matter and will be conducted as such at the public hearing. Recommend consideration of Ordinance No. 29-95 on second and final reading. hi, LEtJ e; /lO I ¡::; 'l7~ ~EAIJ¡/} 9 ref:agmem09 5-0 . I ( . . ) ,,~ FAILED ON SECOND/FINAL READING - 7/11/95 ORDINANCE NO. 29-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILI'¡'ARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND¡ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND¡ AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Louis J. Carusillo and Harold R. Evans are the fee-simple owners of a 4.17 acre vacant parcel of land located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue¡ and WHEREAS, Burl Gentry, as duly authorized agent for the fee-simple owners, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach¡ and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida¡ and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes¡ and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units/acre)¡ and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Transitional; and WHEREAS, the City's Future Land Use Map designation of Transi tional is consistent with the County FLUM designation of HR-8 (High Density Residential - 8 units/acre) for the property hereinafter described; and 'FAILED ON SECOND/FINAL READING - 7/11/95 ( . , \ FAILED ON SECOND/FINAL READING - 7/11/95 WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 15, 1995, and voted 6 to 0 to recommend that the requests be denied; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the requests are not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East One-Half (E 1/2) of the Northeast One-Quarter (NE 1/4) of the Northeast One-Quarter (NE 1/4) of the Northeast One-Quarter (NE 1/4) of Section 23, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS the East 65.00 feet, more or less, of said Section 23, for State Road right-of-way purposes as shown on the State Road Department Right-of-Way Map Section No. 93590-2601 for Military Trail (State Road 809) as recorded in Road Plat Book 2, Page 225, of the Public Rec'ords of Palm Beach County, Florida, and subject to the claims of the Lake Worth Drainage District based on the Chancery Case No. 407 of 1915, being the North 66.00 feet of the above described property, as now laid out, and more particularly described as follows: Commencing at the Northeast corner of said Section 23; thence run S 89 degrees 12' 59" W, a distance of 63.58 feet to the point of beginning, also being a point on a curve and a point on the westerly right-of-way of Military Trail (State Road 809)¡ - 2 - Ord. No. 29-95 FAILED ON SECOND/FINAL READING - 7/11/95 I I t I ) "- FAILED ON SECOND/FINAL READING - 7/11/95 thence run along said right-of-way line and the arc of a curve to the left, said curve having a central angle of 0 degrees 43' 40", a radius of 17,238.80 feet, an arc distance of 218.97 feet, a chord bearing of S 1 degree 05' 52" E and a chord of 218.97 to a point of tangent¡ thence run S 1 degree 27' 42" E, along said right-of-way line, a distance of 453.67 feet to a point¡ thence run S 89 degrees 00' 59" W, along the north line of Plat No. 3, Country Club Acres, a subdivision as recorded in Plat Book 24, Page 32 of the Public Records of Palm Beach County, Florida, a distance of 269.73 feet to a point¡ thence run N 1 degree 28' 31" W, along the east line of Plat No. 4, Country Club Acres, a subdivision as recorded in Plat Book 24, Page 35 of the Public Records of Palm Beach County, Florida, a distance of 673.60 feet to a point on the North line of said Section 23¡ thence run N 89 degrees 12' 59" E, along said North line a distance of 271.29 feet to the point of beginning. The subject property is located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue¡ containing 4.17 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Transitional. - 3 - Ord. No. 29-95 FAILED ON SECOND/FINAL READING - 7/11/95 , 1 I ¡ -. ) \ FAILED ON SECOND/FINAL READING - 7/11/95 Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District POC (Planned Office Center) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, immediately upon passage on second and final reading¡ as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading June 6, 1995 Second Reading FAILED 7/11/95 - 4 - Ord. No. 29-95 FAILED ON SECOND AND FINAL READING - 7/11/95 - . , . . µ ....IT I .--r ~- PC - rl \ ¡ WE-S1 ATLANTIC i AVENUE 1 PC.C (J C.C J~. JL 2.. ~: ~ ......~' ~ -- - ..... QfY It!!t. - - ',' .~-\ £. ~, - - J.~ " Cð 100.- _ ,: P4,j ~~ ~ i-~--<..:t. #~ r-QC '~ - ---' ,: l,.. -JI T.;...- . ~{:. ~ ~~~ => -"'- It . ÐFEIISOIf ROAD _ '\ ~ = _'~= ..~~ II< _ _1__ ~.:r ,-C :-- - - r-- Z IJNC:OUf ROAD, . I l t t::J. - == ~~ ~~~ , . ~ ",;. ES1ATei ~ 1M': . "1MMIi RCWI å iF \ ~ - ê II< ...J .....""'I~ -.... ~ ~ - WASIINCI10N ROAD < ~ 0 S ~ ~ _/" ~ ~ .. A " _ r "- ~, "\ .' ~ IlAlllSON i ROAD >- - - - )0- - - - 0: ~ OSR ¡-...; - < - ~ - -~~, BS='~--- - - \_ I --- UICE BOULEVARD: J f H:i,a:i~ ~~~ : · to N '. ,II ~ ; 0 ........¡."'~~ ~ .~ RIW1 ~ ~ - 11'''Y ~.. i )0 tJ "'""'--J~ r ' r-- :I ~ :"'--1 .. I L-.! - "-] ~ '" .~ , ,I "" , I" "'" ~ I~ OS ~ N - .. CARUSILLO & EVANS PROPERTY PUHUIJO IIO'AIf11IÐCT' ow or DEUU. Y 8£AOi. R. -- oorA( S(S(' UAP .sn7Di -- . ()!Ç M CITY COMMISSION DOCUMENTATION TO: ~ HA~~MANAGER THRU: DI:A. E D~N UEZ, DI~~ DEPARTMENT OF PLANNING AND ZONING ~ . ~~" FROM: JEFF~OSTELLO, SENIOR PLANNER SUBJECT: MEETING OF JUNE 6, 1995 ANNEXATION. SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DUlAC) TO CITY TRANSITIONAL. AND INITIAL ZONING OF POC (PLANNED OFFICE CENTER) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 1.400 FEET SOUTH OF ATLANTIC AVENUE (CARUSILLO AND EVANS PROPERTY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first readina of an ordinance annexing a 4.17 acre parcel of land, changing the Future Land Use designation from County HR-8 to City Transitional, and applying an initial zoning designation of POC (Planned Office Center). The subject property is located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. BACKGROUND: The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of a billboard located at the southeast corner of the parcel. No land use history is available on this property. The subject property is a 4.17 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Transitional, and apply an initial zoning designation of POC (Planned Office Center). Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report, . I ". City Commission Documentation Meeting June 6,1995 Annexation, Future Land Use Map Amendment with Initial zoning of POC (Planned Office Center) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: * At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony from the adjacent community (Country Club Acres) in opposition to the annexation, land use map amendment and zoning. While the Board did not have a particular problem with the annexation, they felt that the office zoning was not appropriate at this location. The Board voted 6-0 (Schwartz absent) to recommend that the requests be denied. RECOMMENDED ACTION: As this is a quasi-judicial matter, recommend approval on first reading to allow for a formal public hearing on June 20, 1995. Attachment: * P & Z Staff Report and Documentation of May 15, 1995 * Copy of Ordinance No. -95 T:CCEVANS.DOC . · P-LANNING AND ZON"ING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: May 1St 1995 AGENDA ITEM: V.F. & G. ITEM: Annexationt Initial Zoning of POet and Small Scale Future Land Use Map Amendment from County HR-B to City Transitional for'the'Carusillo & Evans Property. GENERAL.DATA: , ... , . --- ~ _.." - Owners............................;................................ Louis J. Carusillo and Harold R. Evans Contract Purchaser.............................~............. Charles M. Neviaser Agent................................. .................... .......... Burl Gentry f!J{Þ~~ Gentry Engineering and ~~v- Land Surveying, Inc. Location......................,.....................................West side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. Property Size.................................................... 4.17 Acres Existing County Land Use Map Designation........................................ HR-8 (High Density Residential - 8 units/acre) Proposed City Land Use Map Designation...........................,............ Transitional Existing County Zoning Designation............ ......... ,........ ................... ..... AR (Agricultural Residential) Proposed City Zoning Designation...................................................... POC (Planned Office Center) Adjacent Zoning......................................North: County AR. East City R-1-A (Single Family Residential) South: County MR-5 (Medium Density Residential - 5 units/acre) West County MR-5 Existing Land Use............................................. Vacant land with a billboard on the , southeast portion of the property. Proposed Land Use.......................................... Office development. Water Service................................................... Available via connection to the existing 12" water main along the east side of Military Trail. Sewer Service.................................................... Available via installation of a lift station and connection to the existing 4" force main along the west side of Military Trail. V.F. & G. , " I T E M B E FOR E THE BOA R D: The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida statute 171.044), and a Small Scale Future Land Use Map amendment from County HR-8 (High Density Residential - 8 units per acre) to City Transitional with initial zoning of PCC (Planned Office,Center). LDR Sections 2.4.5 (A) , (C) and (D) provide rules and procedures for the processing of this petition. - The subject property is located on the west side of Military Trail, approximately 1,400 feet south of . Atlantic Avenue. B A C K G R 0 U N D: - The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of a billboard located at the southeast corner of the parcel. No land use history is available on this property. PROJECT DES C RIP T ION: The subject property is a 4.17 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (!\gricultural Residential). The proposal is' to annex the property into the City, change the Future Land Use Map designation to City Transitional, and apply an initial zoning designation of P~C (Planned Office Center). ..,.L AND USE MAP AMENDMENT A N A L Y S IS: p' Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density Residential - 8 du/ac). The current City "advisory"- designation for this property is Transitional. Requested Land Use Designation: The requested Future Land Use Map change is to City Transitional. Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida statues 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency._ of consideration of amendments (twice a year) , subject tq the following conditions: . I . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 2 * The amendment does not exceed either 10 acres of nonresidential land, singularly or in combination with residential use, or 10 acres of residential land with a density of 10 units per acre or less; * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, * The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. - The land use map amendment involves a 4.17 acre area, thus the· total area is less than the 10 acre maximum. The proposed amendment to Transitional is being processed concurrently with a request for annexation, and initial zoning of POC (Planned Office Center) to accommodate an office development. The Transitional land use designation allows consistent zoning districts which include commercial and office development, as well as single family to medium density residential development. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has riot previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map) , all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a POC (Planned Office Center) zoning district. The proposed use (office development) is allowed as a permitted use within the POC zoning district. The Transitional land use designation is consistent with the proposed .POC zoning designation. Consistency between the City and County Land Use Desionations: The proposed City Future Land Use Map designation for the property is Transitional. The existing County Land Use designation for the property is HR-8 (High Density Residential - 8 units per acre). The City's T~ansitional Land Use designation is consistent with the County's HR-8 designation in that Medium Density Residential zoning is allowed and is consistent with the Transitional land use designati6n. However, the Transitional land use designation allows more intense development such as . " P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 3 Neighborhood Commercial, Planned Office Center, Professional and Office Development. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Land Use Amendment is processed. Adjacent Land Use Map Designations, Zoning Designations , Land Uses: North: North of the subject property, across the L-34 _ Canal, has Palm Beach County land use map designation of HR-8 (with an advisory City land use designation or Transitional) and is zoned AR (Agricultural Residential). The property is currently vacant. South and West: The abutting properties to the south and west have a Palm Beach County land use designation of MR-5 (Medium Density Residential - 5 du/ac) (with an advisory \ City designation of Low Density Residential - 0-5 du/ac) and are zoned RS (Single Family Residential). The existing land use is single family subdivision known as County Club Acres. East: East of the property, across Military Trail has a City Low Density Residential 0-5 du/ac land use designation and is zoned R-l-A (Single Family Residential). The existing use of the property isa planned residential development known as The Hamlet, a country club community. Allowable Land Uses: Under the proposed Transitional FLUM designation, office and neighborhood commercial developments (POC, POD, RO, and NC) are allowed as well as residential zoning districts which accommodate single family and multiple family units (R-I-A thru R-l-AAA, RL, PRO, and RM). The applicant has requested an '"initial zoning designation of POC (Planned Office Center). This " zoning designation is consistent with the proposed land use designation. - Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive ,Plan, the Transitional land use designation can provide for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. While this parcel is surrounded by residential development, it does not have sufficient size and depth to reasonably accommodate a residential development. Compatibility with the abutting residential development (Country Club Acres) is a concern, however, ther~. are sufficient regulations in place which will mitigate "any potential adverse impacts. Also, the business hours of an office development usually do not extend into the . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 4 evening hours, therefore, there should not be any issues regarding noise. With respect to the Hamlet development east of Military Trail, there is a substantial landscape buffer with a chain link fence along the west boundary of the Hamlet development (east side of Military Trail) with a street internal to The Hamlet adjacent to the landscape buffer. Further, the development will be separated by a six lane divided roadway upon the widening of Military Trail (scheduled 1996/97). Under the County designation of 8 units per acre, the resulting development would be low density multi-family development. - ANN E X A T ION A N A L Y S I S: . Florida statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be ., annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 . . .,(C)( 1) "the owner of land may seek the annexation of contiguous '. "property, under his ownership" pursuant to Florida Statutes. "c:'The property owner has voluntarily petitioned for this te" 'ànnexation. ~'~,-'. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: ¡. Designated Annexation Area: The territory to be annexed is f" ' :locatedwi thin "designated annexation area No.5" on the west ':'~' side of Military Trail south of Atlantic Avenue. Annexation of '::'~.,the territory is consistent with Policy 8-3.4 of the- Future Land ~~·'Y.S~Element, which calls for annexation of eligible properties. ..-.,'tt...-- , of Services: When annexation of .~'··Provision property occurs, " ··I.services are to be provided in a manner which is consistent with services provided to other similar properties already in the Ci ty (Future Land Use Policy B-3.1). The following is a .,Idiscussion 'of required services and the manner in which they -,., w.ill be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the Sou~h County area. The property lies within Sheriff 'patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the . . . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 5 north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day) . Addi tional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach t s Police Department . has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City - to the north and south of the property. ~ Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No.4 (Barwick & Lake Ida Roads). - With annexation, the property will receive an improvement in response time from the current 6 minutes of the County Fire ' Department (Fire Station t42/Hagen Ranch Road near the Turnpike) to approximately 4.5 minutes for the City's Fire Department (Fire Station '4 at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Military Trail. It is recommended this improvement across Military Trail be coordinated with the widening of Military Trail in fiscal year 1996/97. With future development of this property, main extensions (minimum 8") to the west and south property lines will also be required in order to provide continuation of service and future connections to the Country Club Acres residences. Along the new main, fire hydrants must be installed with a maximum spacing of 300 feet. Also, looping of the main internal to the site for system integrity will be required. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side 'of Military Trail. With future development, the installation of a lift ,station and sewer main extensions to the west property line will be required. The lift station must be designed to accommodate the proposed office development as well as the existing Country Club Acres subdivision which,is currently served by septic systems. The City will participate in the increased cost associated with sizing the lift station to accommodate future flows. Streets: This property has direct access to Military Trail, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum development potential, allowed under the proposed Transitional land use designation (2 acres of neighborhood commercial and 2.17 acres of office development) generating a total of 2,054 daily trips. . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 6 This is a "worst case" scenario, as the intended development is strictly office and will be less intensive. It is noted that Military Trail between Atlantic Avenue and Clint Moore Road is operating at a level of service "E". Recent traffic studies submitted for adjacent developments indicate that with an additional analysis of peak hour directions (traffic alternative test 1 analysis) this section of Military Trail will pass level of service "D", with the installation of a dual left turn lane at Clint Moore and Military Trail. This improvement is scheduled for August of 1995. However, this roadway will again fail level of service "D" by the end of 1995. Consequently, - after December 1995, no additional development can occur until .Military Trail is widened from 4 lanes to 6 lanes which is' scheduled for fiscal year 1996/97. Parks and Open Space: As the Planning Area was considered in the development of the Comprehensive Plan, the act of officially t adopting the advisory land use designation will have no effect t on Parks and Open Space level of service. The annexation of the " ~ property for office development will not create an additional '';'' ,I impact on park and recreational facilities. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1994 tax year the subject property had an assessed value of $ 72,420. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City Of Delray Beach 6.8800 Added - (City) City of Delray Beach Debt 1. 0700 Added (City) --------- 4.9524 Difference* * Total tax millage in the County is 20.1501 mills while in the City the total millage rate is 25.1020 mills'. The current yearly ad valorem taxes are $ 1,452.30. With annexation the yearly ad valorem taxes will be $ 1,810.68; a tax difference of $ 358.65. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: .' Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. . A 25% discount from the assessment is available as P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 7 the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail area is currently serviced by South Florida Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if - ,a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, thE! franchisee may continue to provide such services to th~ annexed area for five years or the remainder of the franchise term whichever is shorter" . As the annexation was not initiated. within the six month time period, the waste service provider will not change with annexation. When this current contract expires, the waste provider for this property will be the current City provider. The out-of-City/in-City rates are anticipated to be competitive. Occupational Licence Fees - As the property is vacant land, an occupational license will not be required. However, upon development of the property for offices, occupational licenses will be required. This license will be in addition to the current County license fee required for offices of approximately $60 per year. The City license fee for a business office is $100 and $150 for professional and medical offices. Resulting Impacts to Property Owner: \. TABLE A SUMMARY OF IMPACT ON THE CARUSILLO AND EVANS PROPERTY FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 94/95 county of 20.1503 to City 94/95 rate 25.1020 mi1ls.(4.9524) - +$ 358.65 NON AD VALOREM , Stormwater Assessment $ .00 Solid Waste Collection No Change ",¡ OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 358.65 or- '" . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 8 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 4.5 minutes (City). EMS + Faster response time from (estimated time) 6.0 minutes (County) to 4.5 minutes (City). POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with - property owners Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $ 575.74 in new ad valorem taxes ~er year. Wi th the future office development, additional revenues will be realized through increased assessment value, building permit and licensing fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Z 0 N I N G A N A L Y S I S: The proposed City zoning designation is POC (Planned Office " Center) while the current County zoning designation is AR (Agricultural Residential). ,.Thesurroundingzoning designations are: County AR to the north; ',' County RS (Single Family Residential) to the south and west; and, City R-1-A (Single Family Residential) to the east. 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 fi~dings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent . with the land use designation. . . .. P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 9 The proposed POC zoning designations is consistent with the proposed Transitional land use map designation. The proposed ~ office development is allowed as a permitted use within the POC zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development ' concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. - The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be ; equal to or better than existing services (see annexation i , analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property is currently vacant with a billboard situated at the southeast corner of the property. When a sign is annexed which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other . objectives and policies found in the adopted Comprehensi ve Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and'policies were found. Conservation Element POlicy B-2.5: Whenever new development or ~ redevelopment is proposed along a waterway, a .canal, an environmentally sensitive area, or an area identified via policy B-2.l, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25% of native ._communities shall be retained pursuant to Policy 10.2.2.2. . ~_"4 . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 10 The property is bordered on the north by the L-34 Canal, therefore this policy is applicable. Compliance with this policy can be easily met as the site .is currently vacant. This item must be accommodated at the time of site and development plan design. Land Use Element Objective A-I: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. - The subject property does not have any unique environmental" characteristics that would would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to-the adjacent residential developments i.e. through provision of adequate landscape buffers and residential type elevations. ~~ With review of a specific development proposal this policy ~ will be revisited. I,' Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed POC zoning is not a strip commercial zone district designation. The property has a depth of 270 feet and contains 4.17 acres which can easily accommodate a .~ well-planned office development. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to . properly mitigate adverse impacts from the new use. The initial POC zoning designation will accommodate the ~ proposed office development as a permitted use. ~ Compatibility with the adjacent residential deve~opments ,.' . - . . .- P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 11 will relate to the ultimate density of future development. However, when POC zoned property directly abuts residential zoning a minimum 25 foot building setback must be provided. Further, within the landscape strips abutting the residential property, trees must be planted every 25 feet along with either a 6 foot high wall or a 4 1/2 foot high hedge, at the time of planting. Co~patibility of a specific development proposal with the adjacent . developments will be appropriately addressed with the review of a site and development plan request. - Section 2.4.S(D)(S) (Rezoning Findings): . Pursuant to Section 2.4.S(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must must make a finding that the rezoning fulfills one of the reasons for which - the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "There has been a change in circumstances. The applicant > is applying for annexation of this property into the City. The annexation requires that the applicant apply for an appropriate zoning designation." .. Comment: " The justification statement addresses Item "b" as the ,basis. for ,which the rezoning should be granted, however, Item f ltc"~, is also applicable. ,The property is in the unincorporated , . area of·, Palm Beach County, however, it is wi thin the City of Delray Beach r~serve annexation area. The requested zoning is of similar intensity as that allowed under the proposed City ;. .;Transitional land use designation. The POC zoning is more . appropriate for the property than the current County zoning designations of AR (Agricultural Residential) given the properties location and its extensive frontage along Military Trail. .... / . . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 12 REV I E W B Y o THE R S . . The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency) , DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainage District Lake Worth Drainage District reviewed the annexation request and indicated that additional right-of-way for the L-34 Canal (along - north property line) is not required. . Palm Beach County Notice: On April 24, 1995 the Palm Beach County Planning Division -was notified of the City's intent to annex this property. To date, ,- a response has not been received. IPARC Notice: Notice of the Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: * Country Club Acres .. '. * Greensward Village Condominium Association (within The I. .. ~: I· ¿ Hamlet development) ,;jSc* Hamlet Residents Association , .r .. PROD (Progressive Residents of Delray) .; ;-'.:'.'(-* United Property OWners .' Public Notice: blH; .. Formal public notice has been provided to all property owners wi thin a 500 foot radius of the subject property. Letters of .~ ":";~óbjection, if any, will be presented at the Planning and Zoning Board meeting. .' ASS E SSM E N T AND CON C L U S ION S: Accommodating the annexation of this property is cons~stent with the City's program for annexation of territory within its Planning and Service Area. The requested Transitional land use designation has been the City's advisory designation for the -past 6 years. ~The application of an initial zoning designation of P~C is consistent with the current advisory land use designation. . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 13 The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for office development, stormwater assessment fees and occupational license fees will be imposed. The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $ 575.74 a year. - If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a- specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will ~ dictate the development time frame. A L T ERN A T I V E S ACTIONS . ',\ . A. Continue with direction. B. Recommend approval of the Annexation, Small Scale Futu're Land Use Map amendment from County HR-8 to City Transitional and initial zoning designation of POC (Planned Office Center). ~. Recommend denial of the annexation, small scale amendment and initial zoning with the basis stated. STAFF R E COM MEN D A T ION: Recommend approval of this Annexation, Small Scale Future Land Use Map amendment from County HR-8 to City Transitional, and initial zoning designation of POC (Planned Office Center) based upon positive findings with respect to LDR Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following: A. That the property is contiguous, reasonably -compact and does not create an enclave; and, B. That services will be provided to the property in a manner similar to other similar properties within the City. , . Attachments: * Location Map * Survey .... JC/Y:ANNEVANS.DOC . I . ,- t. ,., , r 'ð:f'l/z's9"Ç- ?7/.2?' ~ ..- -z:.- /fI,."_;-'~'ATI'· r_, -,., "';;""1«-'. ---., , . 0· ¿ N'AD. LArEA'A¿ ~4 ¿''''''HAL Cr*üç" ......r..." ~ .. .. --=- I" (""_"'" ......~J) .. - ¿,. ¿"AN.#¿ £-«s£"'~iF if""" - -. . ' -:.. it. ~.: "'¿,r""'k~4'A¿£¡)''''---'''---'- - ,-_,."_r,,,,,,,,,.oI"'.c " ~ ~~, ' ' J.}'S :: ~. \II ~ ".' _ ~~ ~ ¿¿. AA'éA L'L",,,""é¿> .8... ¿. ~ AD. '¿f"A ¿',vAT .P.rc::....s-:; ~ ~ I ~ :II ,\ , i ,.. ~' 1f',F" /.9/.s- 1'¿'....A...¿'.r~... ¡t<.JJr ,.". _7.) ~ ~ : CI. ~ ...1 - - - ~ ~ ~ :d; IV " Ii: ~ :t 0... ,~ ~ .. ..~. 1:0 t !\:' -~ ~ ~ ~: to ~~I ~ Š .¡ (I .." :Ii " ~ "\ I~ I ~ " " ~~I ~ ~ ..., t' ~ (; f\ ~~I ~ " .' ii¡ ¡.. .. ~ î I Ji~1 '" t; : ;~I ~ - 1, !.; ,. j I . , ~ ' . .. 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SUBJECT: AGENDA ITEM # 10.B. - MEETING OF JULY 11. 1995 toRDINANCE NO. 35-95 DATE: JULY 7, 1995 This is second reading and public hearing for Ordinance No. 35-95 which repeals Chapter 110, Occupational Licenses Generally, of the City Code of Ordinances, and enacts a new Chapter 110 providing for the adoption of recommendations put forth by the Occupational License Equity Study Commission. Florida Statutes provide municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure. The Commission appointed an Occupational License Equity Study Commission to review current classifications and rates and make recommendations on changes to ensure that the City's fees are equitable, reasonable and uniform. The Commission reviewed and endorsed the proposed changes at the March 14, 1995 workshop. In addition to the ordinance, I have attached the "Flat Fee Comparisons" sheet which shows total revenue to the City which would resul t with the fee set at various levels. At the March workshop, the Commission discussed setting the fee at a level which would generate some additional revenue, and appropriating this added revenue for economic development. The attached ordinance has the fee at $125, which would generate some $50,000 annually which could be so appropriated. At first reading on June 20, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance 35-95 on second and final reading. f{)1)lJld 6-0 . . r , . . FLAT FEE COMPARISONS 1. Consideration of the appropriate flat fee calculation shøuld be based on the following information: 1. We are allowed to increase our occupational license fees to $601,384.30, which is 10% of the $546,713.00 FY 1993 revenue base. 2. In computing the percentage of increase or decrease of - each proposed flat fee proposal, we have added the $54,002.00 estimated county rebate to our proposed base. 3. The revenue from the $100.00 flat fee will be 9.7% below the FY 1993 revenue base. ' 4. The revenue from the $110.00 flat fee will be 2.2% below the FY 1993 revenue base. 5. The revenue from the $115.00 flat fee will be 1.6% abov~ the FY 1993 revenue base. 5. The revenue from the $120.00 flat fee will be 5.2% above theFY 1993 revenue base. 6. The revenue from the $125.00 flat fee will be .9.3% above the FY 1993 revenue base. PROPOSED FLAT FEES , .. $100.00 $110.0Q '$115.00 $120.00 ,$12é.00 FY 1993 Rev-enue Base' $546,713' $5'46,.713 $5'46,713 $546,113 $546,7 i3 Proposed Base 493,191 534,631 5S5~951 576,711 597,791 ------- ------- ------- ------- ------- -53,522 -12,082 +9,238 +29,998 +51,078 PERCENTAGE INCREASE OR DECREASE -9.78% -2.2% +1.6% +5.2% +9.34% .. \, . . Memorandum To: David Harden, City Manager From: Lula Butler, Director, Community Improvementt6 Date: June 16, 1995 Subject: First Reading of Ordinance No. 35-95 Repealing Chapter 110 of the City Code of Ordinance, Enacting A New Chapter 110 Governing Occupational License ITEM BEFORE THE COMMISSION: First Reading of Ordinance No. 35-95 repealing Chapter 110, Occupational License Generally, enacting a new Chapter 110 which provides for the adoption of recommendations put forth by the Occupational License Equity Study Commission. BACKGROUND: Section 205.0535 of the Florida Statutes provided municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure based on criteria set forth in Senate Bill 364. To accomplish this task, the Commission was required to appoint an Occupational License Equity Study Commission. Their mission was to review current classifications and rates charged and make recommendations to the City Commission on changes that would ensure that our fees were equitable, reasonable and uniform. The Commission reviewed and endorsed these proposed changes at the workshop meeting of March 14. The revised ordinance is amended to include the changes proposed. They are as follows: (1) Amend the Occupational License Fee to a flat rate of $125.00 per business, except in specific cases where the allowable increase under F.S. Chapter 205 , restricts the maximum increase allowed and provides for a lesser fee. (2) Deletes specific licensing classifications that have been determined to be obsolete or can be accommodated under another classification. (3) Adds new classifications relative to current business needs and trends. (4) Adds a new subsection implementing a new license pre-inspection requirement. . Occupational License June 16, 1995 Page 2 RECOMMENDATION: Staff is recommending approval on first reading of Ordinance No. 35-95 repealing Chapter 110, Governing Occupational License Generally, enacting a new chapter, providing for the required public hearing at the next regular City Commission Meeting. LB:OQ Attachment A:OLChgs. LB , ORDINANCE NO. 35-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, REPEALING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", OFTHE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA BY ENACfING A NEW CHAPTER 110 TO PROVIDE FOR THE GENERAL RULES AND REGULATIONS GOVERNING OCCUPATIONAL LICENSES, AND PROVIDE FOR THE APPLICATION, ISSUANCE, CLASSIFICATIONS. RELATING THERETO AND PROVIDING FOR THE EST ABLISHMENT OF FEES, AND PROVIDING FOR PENAL TIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. Whereas, Section 205.0535 of the Florida Statutes provided municipalities with the opportunity to consider revisions to the occupational license classifications and rate structure pursuant to the criteria set forth under Senate Bill 354; and Whereas, pursuant to Senate Bill 364 the City Commission appointed the Occupational License Equity Study Conmission whose task was to review current classifications and rates charged and to make recommendations to the City Commission on the same, providing for an Occupational License fee structure and classification system that would be equitable, reasonable and uniform; and Whereas, the City Commission considered the recommendations of the Equity Study Commission at a workshop meeting in March, 1995 and determined that the recommendations proposed would achieve the desired goal of being equitable, reasonable, and uniform; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 110, "Occupational Licenses Generally", of the Code of Ordinances of the City of Dekay Beach is hereby repealed and that a new Chapter 110 is hereby enacted to read as follows: See Exhibit A Section 2. That Exhibit A, attached hereto shall be incorporated as if fully setforth herein. . Ordinance 35-95 Page 2 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 which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on the second and final reading. PAS SED AND ADOPTED in regular session on second and final reading on this the 11th day of July , 1995 ~~ A TrEST: & Nm 2:.!Íúp1l1a»f:¡ City C erk First Reading June 20, 1995 Second Reading July 11, 1995 . CHAPTER 110: OCCUPATIONAL LICENSES GENERALLY Section 110.01 Defmitions 110.02 License required 110.03 Application date; date license due and payable 110.04 Duration; expiration date 110.05 Partial year licenses 110.06 Persons not required to pay full fee 110.07 Transfer of license 110.08 When state license is required 110.09 Unclassified professions and occupations 110.10 Delinquent payment; additional penalties 110.11 Failure to obtain license; authority to arrest 110.12 License tax reduction within enterprise zone 110.13 Marking of commercial vehicles required 110.14 Exemptions 110.15 License tax schedule 110.16 Pre-Inspection requirement 110.99 Penalty Cross reference: Enforcement by Code Enforcement Board as supplemental methods of enforcement, see Chapter 37 EXHmIT A XI. 2 . Section 110.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "BUSINESS." "PROFESSION" and "OCCUPATION." Do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions, which institutions are more particularly defmed and limited as follows: (1) "CHARITABLE INSTITImONS." Only those nonprofit corporations operating physical facilities in this city at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay. (2) "EDUCATIONAL INSTITUTIONS." State tax-supported or parochial church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Education, or the Rorida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and are eligible for exemption. (3) "REUGIOUS INSTITImONS." Churches and ecclesiastical or denominational organizations or established physical places for worship in this city at which nonprofit religious services and activities are regularly conducted and carried on; also means church cemeteries. "C'T .ASSIFICATION." The method by which a business or group of businesses is identified by size, type or both. "ENTERPRISE ZONE." An area authorized to be an enterprise zone pursuant to F.S. Sections 290.0055 and 290.0065. "OCCUPATIONAL UCENSE." The method by which this city grants the privilege of engaging in or managing any business, professional or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, comnússion or officer for permits, registration, examination or inspection unless otherwise provided by law; these are deemed to be regulatory and in addition to, but not in lieu of any occupational license imposed under the provisions of this chapter. "PERSON." Any individual, finn, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary. "T AXP A YER." Any person liable for taxes imposed under the provisions of this chapter; any agent required to file and pay any taxes imposed hereunder; and the heirs, successors, assignees and transferees of any such person or agent. (F.S. Sec. 205.022) XL3 . I Section 110.02 LICENSE REQUIRED. No person shall engage in or manage any permanent business location or branch office for any business, profession or occupation set forth in this chapter, within the limits of this city, unless a city license shall have been procured from the Building Official of the city. One license shall be issued to each person upon receipt of the amount hereinafter provided in this chapter, (and this license shall be signed in the name of the city by the Building Official). ('80 Code, Sec. 15-1(a)) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.03 APPLICATION DATE: DATE LICENSE DUE AND PAYABLE. Application for any license shall be made on or subsequent to August 1 of each year, and all licenses shall be deetred to be delinquent if not paid on or before September 30 of each year. In the event that September 30 falls on a weekend or a holiday, the tax shall be due and payable on or before the first working day following September 30. (F.S. Sec. 205.053(1) ('80 Code, Sec. 15-5) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.04 DURATION: EXPIRATION DATE. No license shall be valid for more than one year and all licenses shall expire on September 30 of each year, except as otherwise provided in this chapter. (F.S. Sec. 205.043(1)(c)) ('80 Code, Sec. 15-2) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.05 PARTIAL YEAR LICENSES. No license shall be issued for any fractional portion of the year, except that in the event that any person shall engage in or manage any business, profession or occupation mentioned in this chapter on or after April 1, then the person shall be required to pay only one-half of the amount for any occupational license as is specified in this chapter. ('80 Code, Sec. 15-6) Penalty, see Sec. 110.99 Statutory reference: Authority to establish provisions for partial licenses, see F.S. Section 205.053(1) XI.4 . Section 110.06 PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective license as a contractor issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a city license for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license in such cases. All other businesses will require a $10.00 registration fee along with a copy of a valid and currently effective occupational license by another Florida municipality or county. (F.S. Sec. 205.065) ('80 Code, Sec. 15-1(c» (Am. Ord. No. 68-80, passed 11/25/80; Am. Ord. No. 37 -93, passed 6/22/93) Penalty, see Sec.llO.99 Section 110.07 TRANSFER OF LICENSE. (A) Any business license may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of 10% of the annual fee, not to exceed a maximum fee of $25.00. (B) As permitted by Florida Statutes, Section 205.043, all business licenses may be transferred for the business for which they were taken out when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade, but the transferred license shall not be held good for any longer titre or period than from which it was originally issued. The original license shall be surrendered to and filed with the Building Official at the time application for transfer is made, and the transferred license shall be of the same force and effect as the original license. Both parties involved shall be in agreement with the transfer of the license and shall sign a transfer application. At the tÎIre any license is transferred, the person applying for the transfer shall pay a fee of 10% of the annual fee, not to exceed a maximum fee of $25.00. (F.S. Sec. 205.043) ('80 Code, Sec. 15-4) (Am. Ord. No. 49-93, passed 8/24/93) Section 110.08 WHEN STATE LICENSE IS REQUIRED. (A) Any person applying for an occupational license to practice any profession regulated by the State Department of Professional Regulation or any board of commission thereof, must exhibit an active state certificate, registration or license, or proof of copy of the same, before a city occupational license may be issued. (1) The State Department of Professional Regulation shall, by August 1 of each year, supply to the Building Department a current list of professions it regulates and information regarding those persons for whom local occupational licenses should not be renewed due to the suspension, revocation or inactivation of such persons's state license, certificate or registration. The Building Department shall not renew such license unless such person can exhibit an active state certificate, registration or license. XI.5 . (2) This section shall not apply to F.S. Sections 489.113, 489.117, 489.199, 489.131,489.511,489.513,489.521 or 489.537. (F.S. Section 205.194) (B) The Building Departrœnt shall not issue an occupational license to operate a pharmacy unless the applicant shall first exhibit a current permit issued by the State Board of Pharmacy; however, a city occupational license shall not be required in order to practice the profession of pharmacy. (F.S. Section 205.196) (C) The requireIrent ofF.S. Section 481.201 through and including F.S. Section 481.233 (1988) and implementing Rules of the Florida Administrative Code, as may be amended from time to time, regulating the practice of architecture and interior design, are hereby incorporated as fully as if set forth in length herein. The city shall not issue a building pennit(s) if it is apparent from the face of the application for the building pennit(s) that the provisions of F.S. Chapter 481, Part I, or the implementing rules of the Florida Administrative Code, as may be amended from time to time, have not been Iret; provided, however, that a building pennit(s) shall not be withheld if an exception or exemption, as set forth in F. S. Section 481.229 applies. (Ord. No. 15-90, passed 4/24/90) Section 110.09 UNCLASSIFIED PROFESSIONS AND OCCUPATIONS. Every business, occupation, profession or exhibition, substantial, fixed or temporary, engaged in by any person, whether in a building, tent or upon the street, vacant lot or anywhere in the open air within the city and here not specifically designated shall pay a license tax of $125.00, unless otherwise specified by resolution or ordinance of the City Commission. ('80 Code, Sec. 15-12) Penalty, see Sec. 110.99 XI. 6 . Section 110.10 DELINQUENT PAYMENT: ADDITIONAL PENALTIES. (A) Unless the license shall have been procured from the city on or before September 30, it shall be considered delinquent and subject to a delinquency penal~y of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each month of delinquency penalty thereafter until paid, provided that the total delinquency penalty shall not exceed twenty-five percent (25%) of the occupational license fee for the delinquent establishment. (F.S. Section 205.053(1)) (B) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a penalty of twenty-five percent (25%) of the license detennined to be due, in addition to any other penalty provided by law or ordinance. (F.S. Section 205.53(2)) (C) Any person who engages in any business, occupation or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. (F.S. Section 205.053(3)) ('80 Code, Sec. 15-9) (Am. Ord. No. 49-93, passed 8/24/93) Penalty, see Sec. 110.99 Section 110.11 FAILURE TO OBTAIN LICENSE: AUTHORITY TO ARREST. It shall be the duty of the city to enforce the payment of any license taxes not paid within forty-five (45) days from the day same becomes due by securing a warrant for the arrest of the person, firm or corporation illegally engaging in that trade, business, profession or occupation. ('80 Code, Sec. 15-9) Penalty, see See.. 110.99 XL7 . Section 110.12 MARKING OF COMMERCIAL VEHICLES REQUIRED. It shall be unlawful to operate, park, stand or use upon any public street any commercial vehicle, unless the vehicle is designated by lettering of four inches minimum size on either side indicting the name of the finn or the name of the corporation or person operating the same for commercial use. ('80 Code, Sec. 15-13 (a)) Penalty, see Sec. 110.99 Section 110.13 EXEMPTIONS. (A) The following categories shall be exempt from the license requirements set forth in this chapter; (1) Disabled persons, aged persons, widows with minors. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons over 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000, shall be allowed to engage in any business or occupation without being required to pay for a license. The exemption provided by this section shall be allowed only upon the certificate of a reputable physician that the applicant claiming the exemption is disabled, the nature and extent is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (b) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by state law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (F.S. Section 205.162) (2) Disabled veterans of any war or their unremarried spouses. Any bona fide, pennanent resident elector of the city who served as an officer or enlisted person during any of the periods specified in F.S. Section 1.01(15) in the Armed Forces of the United States, National Guard or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the air force, anny, navy, coast guard or marines to active duty during any war, declared or undeclared anned conflict crisis or the like, who was honorably discharged from the service of the United States, and who at the time of his or her application for a license shall be disabled from perfonning manual labor shall, upon sufficient identification, proof of being a pennanent resident elector in the city, and production of an honorable discharge from the service of the United States: XI. 8 . (a) Be granted a license to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the licensee as a means of livelihood and for which the city license fee does not exceed the sum of $50 for each without payment of any license tax otherwise provided for by law; or be entitled to an exemption to the extent of $50 on any license to engage in any business or occupation in the city which may be carried on mainly through the personal efforts of the licensee as a means of livelihood when the city license for such business occupation shall be more than $50. The exemption heretofore referred to shall extend to and include the right of the licensee to operate an automobile-for-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee and is being operated by him or her as a means of livelihood and that the proper license tax for the operation of such motor vehicle for private use has been applied for and attached to said motor vehicle and the proper fees therefore paid by the licensee. (b) When any such person shall apply for a license to conduct any business or occupation for which either the city license fee exceeds the sum of $50, the remainder of such license fee in excess of $50 shall be paid by him in cash. (c) The city shall issue to such persons as may be entitled hereunder a license pursuant to the foregoing provision and subject to the conditions thereof. Such license when issued shall be marked across the face thereof "Veterans Exempt License - Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of the city by means of a certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting: 1. A certificate of goveI'I1Irent-rated disability to an extent of ten percent (10%) or more; 2. The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood; 3. The certificate of the county service officer, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license within the meaning and intent of this section; 4. A pension certificate issued to him or her by the United States by reason of disability; or 5. Such other reasonable proof as may be required by the city to establish the face that such applicant is so disabled. (d) All licenses issued under this division shall be in the same general form as other municipal licenses and shall expire at the same time as such other licenses expire. XI. 9 . I (e) All licenses obtained under the provisions of this division by the corrmission of fraud shall be deemed null and void. Any person who has fraudulently obtained any such license, or who has fraudently received any transfer of a license issued to another, and has thereafter engaged in any business or occupation requiring a license shall be subject to prosecution as for engaging in a business or occupation without having the required license. Such license shall not be issued for any veteran who resides in any other city, unless such veteran applying thereof shall produce a certificate of the tax collector of his or her home city to the effect that no exemption from license has been granted to such veteran in his or her home city under the authority of this division. ({) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by state law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (g) The unremarried spouse of the deceased disabled veteran of any war in which the United States Anned Forces participated will be entitled to the same exemptions as the disabled veteran. (F.S. Section 205.171) (3) Motor vehicles. Vehicles used by any person licensed under this chapter for the sale and delivery of tangible personal property, at either wholesale or retail, from his place of business on which a license is paid shall not be construed to be separate places of business, and no license shall be levied on such vehicles or the operators thereof, as salespersons or otherwise. (F.S. Section 205.063) (4) Exemption for farming and similar activities. (a) No occupational license shall be required of any natural person for the privilege of engaging in the selling of farm, agricultural, grove, horticultural, floricultural, tropical piscicultural or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine or beer, when such products were grown or produced by that natural person in the city. (b) A wholesale fanrers' produce market shall have the right to pay a tax of not more than $200 for a license that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual licenses to so engage. XI. 10 . (c) The farrœr or grower shall present to the Chief Building Official or his designee sufficient proof, by affidavit, that the produce he offers for sale was produced on his own farm, or grove, or from the waters (the buyer of produce in ground or fruit on trees, or the buyer or lessee of trees bearing fruit in the course of maturing shall not be construed as a farmer or grower); whereupon the Chief Building Official or his designee shall register that fanner or grower in a book kept for that purpose, showing the number of the registration, the name, age, place of residence and location of the farm or grove of that farmer or grower, and issue to him a permit signed by the Chief Building Official or his designee showing the registration. The permit must be displayed by the farmer or grower in a conspicuous place on the vehicle from which he offers produce for sale. (F.S. Section 205.064) ('80 Code, Sec. 15-8) (Ord. No. 36-81, passed 6/9/81) (5) Religious tenets. Nothing in this chapter shall be construed to require a license for practicing the religious tenets of any church. (F.S. Section 205.191) (6) Charitable organizations, occasional sales, fund-raising and the like. No occupational license shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the organization makes occasional sales or engages in fund-raising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. (F.S. Section 205.192) (7) Mobile home setup operations. No license shall be required for any mobile home dealer, du1y licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who perfonns setup operations as operations as defmed in F.S. Section 320.822. however, such dealer or manufacturer shall be required to obtain a license for his pennanent business location or branch office, which license shall not require for its issuance any conditions other than those required by F.S. Chapter 320. (F.S. Section 205.193) (B) Applications to the Building Official for any gratis license covered under division (A) of this section shall be made in the form of a sworn affidavit executed by the applicant setting forth those facts necessary to establish the applicant's right to a gratis license. ('80 Code, Sec. 15-7) XI.ll . Section 110.15 LICENSE TAX SCHEDULE. The following enumerated individual license tax shall be paid to the city by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification , All Fees $125.00. except as noted ABSTRACITNG Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax of ACADEMY OF MUSIC ADULT ENTERTAINMENT ADVERTISING Agencies, finns, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own good and merchandise, shall pay an annual license tax of ADVERTISING Agencies engaged in the business of bill posting shall pay a license tax of, per year ADVERTISING OFFICE, PUBIC RELATIONS ALLEYS, BOWLING, BOXBALL OR TENPINS, Each lane 20.00 AMBULANCES 70.00 Separate from undertaking, each AMUSEMENT PARLORS OR CONCERT HALLS APARTMENT, ROOMING HOUSES 5.00 Per room excluding kitchen & bathrooms AQUARIUM ARMORED CAR SERVICE 70.00 Each vehicle XI. 12 . ART GALLERY (1) Art studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (See MERCHANTS) (4) Artists' outdoor sale: Each sale, ftrst day 30.00 Each day thereafter 10.00 ASTROLOGISTS, CLAIRVOYANTS, FORTUNE 1ELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS These activities and others of a similar nature, whether or not in connection with another business, charging fees, each A 1HLETIC CLUB, GYMNASIUM (zoning) AUCTIONEERS AUCTIONS AUCfION, REAL ESTA1E Per day AUTOMATIC AMUSEMENT MACHINES, GAMES OR DEVICES, DISTRIBUTOR Annual fee Note: It is understood that this shall not be construed to license or pennit operation or display of gambling devices. AUTOMATIC GAMES AND DEVICES or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this chapter. Each machine or apparatus 50.00 AUTOMATIC TRADE MACHINES Where only incentive to operate same is to procure such as gum, nuts and the like, each machine 30.00 Distributor 125.00 XI. 13 . , . AUTOMATIC WEIGHING MACHINES DISTRIBUTOR Each machine 10.00 AUTOMOBILE OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM IMPLEMENTS, MOTORCYCLES (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot (3) Rental of vehicle not to exceed 30 days as replacement for vehicles undergoing repairs by agency. AUTOMOBILE (1) Automatic car wash, not in connection with other business (2) Automobile association (See INSURANCE) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit: 40.00 Each additional unit: 10.00 (8) V-drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto Detailing AUTOMOBILE SERVICE STATION Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under MERCHANTS AUTOMOBILE SERVICE STATION Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the MERCHANTS license on other merchandise in addition to the foregoing. BABY SITTER SERVICE 60.00 XI. 14 . . BOAT MARINAS, DOCKAGE, YACHT BASINS BOAT REPAIR BOILER, MACIDNE SHOPS OR FOUNDRIES BONDSMAN, BAIL BONDS BOOK, MAGAZINE SOLICITORS Per week 50.00 Per person 20.00 Interstate commerce No fee BOOKKEEPER/ACCOUNTANT, not c.P.A. BOOT AND SHOE REPAIR SHOP BOTTLING WORKS BROKERS Stocks, bonds, mortgages, customs and others BUILDING INSPECTOR BUILDING AND LOAN AS SOCIA TIONS (See BANKS) BURGLAR ALARM COMPANY BUS STATION, intrastate business only BUSINESS COLLEGE, TRADE SCHOOLS BUSINESS OFFICE BUTCHER SHOP CABINET SHOP CARPET AND RUG CLEANING Each location CATERERS 50.00 Fixed base or mobile, each truck XI.16 · CERAMIC STUDIO CHEMICAL COMPANIES CHRISTMAS TREE SALES Season only, each lot CITRUS FRUITSTAND VEGETABLE RETAIL (See MERCHANT) CLAIM AND COLLECTING AGENCIES CLEANING, PRESSING, DYEING (See LAUNDRIES) CLOTHING Secondhand dealers COLD DRINK STAND (See MERCHANT) COLD STORAGE All types COMMISSION MERCHANTS Handling shipments (other than specifically provided for herein) on a commission basis COMPUTER SERVICE CONCRETE PRODUCfS (See MANUFACfURER) CONCRETE READY-MIX PLANT CONTRACfORS (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel XI. 17 . (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating Housemovers Masons Plasterers Roofmg Sheetmetal and tinsmith Septic tank Tile Well drilling Floor sanding and fInishing Lathers Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or contracts on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this chapter. CONY ALE S CENT HOME (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations COSTUME, CLOTHING RENTAL CREDIT BUREAUS DAIRIES (milk distributors, jobbers or creameries delivering milk) Each truck 70.00 XI.I8 . DANCE HALLS DANCING SCHOOLS DATA PROCESSING (See PROFESSIONAL) DEALERS IN SECONDHAND FIREARMS This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. DELICATESSEN DENTAL SUPPLIES DENTAL TECHNICIAN LABORATORY DEPARTMENT STORES (See MERCHANTS) DETECTIVE AGENCY Each location (state certificate) DISTRIBUTOR DOG AND PET GROOMING Sale of supplies, see MERCHANTS DRESSMAKING, HEMSTITCHING (no stock carried) DRUGS, retail dealer (See MERCHANTS) DRY CLEANING (See LAUNDRIES) ELECTRIC LIGHT AND POWER COMPANIES EMIGRANT AGENTS Including any agent, solicitor or recruiter engaged in business of hiring, enticing or soliciting laborers or emigrants XI.19 . EMPLOYMENT AGENCIES ENGRAVERS OR LITHOGRAPHERS EXPORT OR IMPORT COMPANIES EXPRESS COMPANIES, intrastate only EXTERMINATORS (state certificate) FERTILIZER MANUFACTURERS - MIXING PLANT FIRE EXTINGUISHER SALES, SERVICE FIRE AND WRECK SALES (When not conducted by bona fide business concerns previously established and doing business in the city), of undamaged goods of that fInn having damage by fIre or wreck, each sale FISH OR POULTRY MARKET FISH PEDDLERS (See PEDDLERS OF MERCHANDISE) FISHING TACKLE (See MERCHANTS) FISHING TACKLE OR GUN REPAIR FLORISTS OR DEALERS IN FLOWERS, Each FOODLOCKERS-COLDSTORAGE FRUIT, VEGETABLE STAND FUMIGATING (See EXTERMINATORS) FURNITURE AND HOUSE FURNISHING (See MERCHANTS) GAS COMPANIES (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only XI.20 . GASOLINE AND OIL DISTRIBUTORS Wholesale, storage facilities in the city GOLF COURSES, each GOLF DRMNG RANGE, each GOLF, MINIATURE, each GUARANTY OR SURETY TITLE COMPANIES GUARD, PATROL SERVICE (See DETECTNE AGENCY) GUNS, sales or repairs Need federal fIrearms dealers license HARNESS AND SADDLERY (See MERCHANTS) HOME OCCUPATION HOSPITALS, SANITARIUM HOTELS Per room, excluding kitchens and bathrooms 5.00 HYPNOTISTS (Shall be required to meet requirements set forth in F.S. Chapter 456) ICE CREAM MANUFACTURERS ICE CREAM PARLORS ICE CREAM WAGON OR TRUCK, each 100.00 ICE MANUFACTURING OR STORAGE INSECTICIDE Manufacturers or dealers INSTALLERS, CARPETS XI.21 , f INSURANCE ADJUSTERS INSURANCE AGENCY For each company represented INSURANCE AGENTS AND SOLICITORS INSURANCE Baggage, each company represented INSURANCE Casualty, life,hospitalization, industrial, burial, bonding and surety companies, each IMPORT, EXPORT (See EXPORT) INTERIOR DECORATOR INV ALID AND HOSPITAL SUPPLIES JEWELRY Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required) JEWELRY REPAIR JEWELRY STORE (See MERCHANTS) JUNK SHOPS OR DEALERS License required whether or not sale or purchase or both, or solicitations are made KENNELS, ANIMAL (approved location) KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (See MERCHANTS) KNIFE, SCISSORS AND TOOL SHARPENER LANDSCAPE COMPANY XI. 22 LAUNDRY OR DRY CLEANING PLANT Agent for out of town laundries Local agency, pennanet office Self-service LAWN MAINTENANCE LAWN SPRAYING State Board of Health certificate LINEN OR DIAPER SERVICE LOAN,ANANCE,MORTGAGECOMœANY LUMBER DEALERS LUNCH STANDS, not over 25 chairs MACHINE SHOPS (not automobile) MAIL ORDER BUSINESS MAINTENANCE Floor, home, office, building MANICURIST, each 60.00 MANUF ACfURER MARBLE AND GRANITE WORKS MASSAGE SALON MASSEUR, MASSEUSE, each 60.00 MEATS (See BUTCHER SHOP) MERCHANDISE, Secondhand (See SECONDHAND DEALERS) MERCHANTS, DRUGGISTS AND STOREKEEPERS MESSENGER SERVICE (exclusive of telegrams) XI.23 MIMEOGRAPH AND LEITER SHOP MONUMENTS AND TOMBSTONES MOTION PICTURE THEATERS Giving performances of moving pictures or other forms of entertainment MOVERS (See STORAGE) MOVING COMPANY MUSICAL DEVICES Operator of mechanically-operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine. MUSICAL DEVICES, Distributor MUSIC TEACHERS NAILS, ACRYLIC SHOPS (state certificate) NEWSPAPER PUBLISHER NEWS COMPANIES Owners or managers of NEWSSTANDS Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold NIGHT CLUBS Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests NOVELTY WORKS (See MANUFACTURER) NURSERY Shrubs, trees, plants or landscaping NURSING HOME (See CONVALESCENT HOME) XI.24 ; OFFICE MACHINE REPAIRS (See REPAIR SHOP) OIL (See GASOLINE) PAINT MANUFACTURER (See MANUFACTURER) PARCEL DELIVERY, each vehicle 60.00 PAWNBROKERS PEDDLERS OF MERCHANDISE (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person 20.00 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person 20.00 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle 125.00 (This provision in respect to product shall not apply to persons selling products of own farm). (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town business houses or enterprises not maintaining place of business in city providing however that this provision does not apply to wholesalers dealing exclusively with retailers 125.00 (5) Traveling stores, dry goods, groceries, clothing, boots and shoes 125.00 PET SHOP OR GROOMING (See DOG AND PET GROOMING) PHOTO PROCESSING, FILM DEVELOPING PHOTOGRAPHERS PIANO TUNERS PICTURE AGENTS PLATING WITH METALS XI. 25 . ,. PORTABLE TOILETS POSTCARD STANDS, only POTATO CHIPS (See MANUFACTURER) PRINT SHOP OR PUBLISHING PRIVATE POSTAL MAILBOX PRIV ATE SCHOOLS (See SCHOOLS) PROFESSIONAL (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this city, is required to take out a professional license: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Interior Design Engineers, civil, consulting Opticians Optometrists Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified XI.26 . (2) For each person operating with the person licensed in the preceding clause, other than the professional employees PROPERTY MANAGEMENT PROMOTERS Entertainment, sports or contests PUBLIC HALL FOR HIRE PUBLIC STENOORAPHER PUBLISHING COMPANY (Books, directories and the like) RADIO COMMUNICATIONS RADIO REPAIR SHOP (See REPAIR SHOPS) RAILROAD COMPANIES, each REAL ESTATE AGENCY OR BROKER RECORDING STUDIO REDUCING SALON RENTAL EQUIPMENT, all types REPAIR SHOPS, each REPAIRS FROM TRUCK OR OTHER VEHICLE RESTAURANTS (If dancing permitted, see NIGHT CLUBS) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) RETIREMENT, REST HOME (See CONV ALESCENT HOME) RINKS, bicycle, skating or other XI. 27 . I ROOF TRUSSES (See MANUFACTURER) SAWMILL YARD SCHOOLS SECONDHAND DEALERS (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of fIrearms (See DEALERS IN SECONDHAND FIREARMS and SECONDHAND CLOTHING) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, namesand addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or close out sale, or as goods damaged by smoke, fire, water or otherwise, the person shall fIle an application with the Commission, which application shall be passed on by the Commission and a license tax be paid of SECRETARIAL SERVICE SEED STORES, wholesale and retail (See MERCHANTS) SHIP BROKERS SHOEMAKER AND REPAIRS SHOOTING GALLERY SIGN PAINTERS Commercial but not erecting SODA OR MINERAL WATER FOUNTAINS XI.28 , . SOLICITOR (See PEDDLERS OF MERCHANDISE) SPORTING GOODS (See MERCHANTS) STAMP OR OLD COIN DEALER STORAGE WAREHOUSE OR ROOM TAILORS TANNING SALON TATTOO SALON TAX AGENCY (See PROFESSIONAL) TAXIDERMIST, or agents for In addition to other license TAXIS First vehicle 100.00 Each additional vehicle 50.00 TELEGRAPH COMPANIES TELEMARKETING TELEPHONE ANSWERING SERVICE TELEPHONE SOLICITATION (See Sections 118.40 through 118.45) TELEPHONE SYSTEMS AND COMPANIES Intrastate business only TEMPORARY BUSINESS LICENSES (1) Business temporarily located inside enclosed shopping mall; 30 days only (no extensions) 60.00 (2) Special events, no more than once annually (if under three days), as approved by Commission (each license, not otherwise enumerated herein) no fee XI. 29 . (3) Special events, no more than once annually (in excess of three days), as approved by Commission (each license not otherwise enumerated herein) 60.00 TEMPORARY HOLlDA YNENDORS 60.00 TERMITE CONTROL COMPANIES THEATRICAL DIRECTORS Who charge for services in directing local talent plays or performances, each performance THEATRICAL OR DRAMA TIC GROUPS OR COMPANIES For profit, where performance is not given in local, licensed theater, each performance TOWEL, DIAPER, UNIFORM SUPPLY COMPANY TOWING SERVICE (See AUTOMOBILE) TRADE SCHOOLS TRADING STAMP COMPANIES TRAll...ER PARK TRAILER, TRUCK RENTAL TRAVEL BUREAUS TREE PRUNER (must have insurance) TRUCKS Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each (Does not apply to trucks owned by the city, state or county) U-DRiVE-IT CARS (See AUTOMOBILES) UNDERTAKERS, EMBALMERS AND FUNERAL DIRECTORS UNIFORM SUPPLY (See TOWEL, DIAPER, UNIFORM SUPPLY COMPANY) XI. 30 . UPHOLSTERER VENDING MACHINES (See AUTOMATIC TRADE MACHINES) VENETIAN BLINDS Repair, installation and associated services VULCANIZING Each place of business WATCH REPAIRING WATER, sold in bottles (See BOITLING WORKS) WATER COMPANIES Persons operating same WATER SOFfENING SERVICE WEIGHT CLINIC WEIGHING MACHINES (See AUTOMATIC TRADE MACHINES) WHEELCHAIR RENTAL (See INVALID) WINDOW CLEANING WINDOW TINTING WOOD YARD WRECKER SERVICE (See AUTOMOBILE) ('80 Code Sec. 15-11) (Ord. No. 50-80, passed 9/9/80; Am. Ord. No. 133-85, passed 12/17/85; Am. Ord. No. 9-86, passed 2/11/86; Am. Ord. No. 35-86, passed 6/10/86; Am. Ord. No. 37-93, passed 6/22194) XI.31 , Section 110.16 PRE-INSPECTION REQUIREMENT Any new occupational license requests will be required to have an on-site inspection in conjunction with the issuance of such license. This inspection will be conducted within 24 hours of the initial application request during a regular business workweek. The fee for the inspection is in addition to the license fee. The inspection fee is $25.00 and is payable at the time of application for the license. Section 110.99 PENALTY. The general penalty set forth in Section 10.99 shall be the penalty for violating this chapter. XI.32 . · ME M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i la If - MEETING OF JULY 11, 1995 FIRST READING FOR ORDINANCE NO. 36-95 (ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT/SEYMOUR PROPERTY) DATE: JULY 7, 1995 This is first reading for Ordinance No. 36-95 which annexes a 0.51 acre parcel of land located on the south side of Tangerine Trail, between Swinton Avenue and Seacrest Boulevard. This property was identified as part of the area which was annexed to the City in 1988 as Enclave #1 during the Delray Beach Enclave Act annexations. It was subsequently discovered that the subject property was inadvertently omitted and was not annexed with the balance of the properties in Enclave # 1. To correct this error, the City Commission initiated its annexation, Future Land Use Map amendment and initial zoning on September 27, 1994. The ordinance establishes initial zoning of R-1-AA (Single Family Residential) District, and provides for a small scale land use plan amendment to change from the County's designation of MR-5 (Medium Density Residential - 5 units/acre) to an official City designation of Low Density Residential. Please refer to the staff report for further analysis. The Planning and Zoning Board first considered this matter at public hearing on October 17, 1994. Action was postponed pending the property owner's consent to the stormwater assessment fee, which has been obtained. The Board again considered this matter on June 19, 1995, and voted unanimously to recommend that it be approved. Recommend approval of Ordinance No. 36-95 on first reading. If passed, a public hearing will be held on August 1, 1995. ~)w/~~ ~. ~(Sé(!./O) ref:agmem09 $-0 -< 01< ?JV( CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~~ THRU: DIANE DOMINGUEZ, DIREC~ DEPARTME)JT OF PLANNING AND ZONING FROM: ~dr;f~~ PRINCIPAL PLANNER SUBJECT: MEETING OF JULY 11.1995 CONSIDERATION OF ANNEXATION WITH INITIAL ZONING OF R-1-AA AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW DENSITY RESIDENTIAL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an annexation (pursuant to Delray Beach Enclave Act HB 1061) with initial zoning of R-1-AA and Small Scale Future Land Use Map Amendment from County MR-5 to City Low Density Residential. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. BACKGROUND: This item involves a parcel that was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act. The Delray Beach Enclave Act (HB 1061) was enacted by the 1986 Florida Legislature. An enclave report was subsequently prepared for all properties identified in the Act (Enclaves 1-70). The subject parcel was identified as part of Enclave #1 which was eligible for annexation under the Act. Recently, it was discovered that the subject parcel (.51 acres) was inadvertently left out and was not annexed with the balance of the enclave properties. To correct this error, the City Commission initiated the Annexation, Future land Use Map Amendment and initial zoning of the property on September 27, 1994. A full analysis of the request is included in the attached Planning and Zoning Board staff report. . . . City Commission Documentation Annexation with Initial Zoning of R-1-AA & Small Scale FLUM Amendment from County MR-5 to City Low Density Residential Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board first considered the annexation, Future Land Use Map Amendment and initial zoning at a public hearing on October 17, 1994. Action on the request was postponed until issues relating to consent by the owner to the Stormwater Assessment Fee could be resolved. The applicant has since executed a Stormwater Assessment consent form. The Planning and Zoning Board again considered this item at its meeting of June 19, 1995. The Board voted unanimously (7-0) to recommend to the City Commission approval of the request. RECOMMENDED ACTION: By motion, approve the involuntary annexation of the subject property pursuant to the Delray Beach Enclave Act, Small Scale Land Use Map Amendment from County MR-5 to City Low Density, and initial zoning of R-1-AA (Single Family Residential) based upon positive findings with respect to Section 3.1.1, Section 3.3.2 and Section 2.4.5(0)(2) and policies of the Comprehensive Plan and the following: . That the property is contiguous, reasonable compact and does not create an enclave; and, . That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: * P&Z Staff Report of June 19, 1995 S:/ENLCAVE.DOC , PLANNING AND ZONING MEMORANDUM STAFF REPORT MEETING OF: JUNE 19, 1995 AGENDA ITEM: V.A. ANNEXATION WITH INITIAL ZONING OF R-1AA DISTRICT AND SMAll SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 TO CITY LOW DENSITY RESIDENTIAL ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on an involuntary annexation (pursuant to the Delray Beach Enclave Act HB 1061), Small Scale Future Land Use Map amendment from County MR-5 (Medium Residential) to City LD(Low Density)and application of an initial zoning designation of R-1-AA (Single Family). LOR Sections 2.4.5 (A)(C)(D) provide the rules and procedures for processing of this petition. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. BACKGROUND: This item involves a parcel that was to have been annexed in 1988 as authorized by the Delray Beach Enclave Act. The Delray Beach Enclave Act (H.B. 1061) was· enacted by the 1986 Florida Legislature. This Act provided a mechanism for' annexation of numerous enclaves within the City's Planning Area. The Act excluded all provisions of the standard annexation processes required by F .S. ' 170.0413 except for the requirements to develop an urban services plan. A local referendum required by the Enclave Act was approved by voters in November, 1986. An enclave report was subsequently prepared for all properties identified in the Act (Enclaves 1-70). The subject parcel was identified as part of a enclave that was eligible for annexation under the Act. It was to be annexed as part of Enclave #1. V.A. " P&Z Staff Report Annexation with Initial Zoning of R- Iaa District and Small Scale Future Land Use Map Amendment from County MR-5 to City Low Density Residential Page 2 On August, 1988 the Planning and Zoning Board recommended approval of the annexation and initial zoning for parcels within Enclave #1. On October 11, 1988 f. the City Commission approved the annexation and initial zoning of Enclave #1 ,; ~ via Ordinance 111-88. :1: " Recently, it was discovered that the subject parcel (.51 acres) was inadvertently ~, left out and was not annexed with the balance of the enclave properties. . To .' ,; , correct this error, the City Commission initiated the Annexation, Future Land ( Use Map amendment and initial zoning of the property on September 27, 1994. The Planning and Zoning Board considered the Annexation , Future Land Use Map amendment and initial zoning at a public hearing on October 17, 1994 . ,~ Action on the request was postponed until issues relating to consent by the :'1 owner to the Stormwater Assessment Fee could be resolved. The issue ' . revolved around the need by Florida Statute 197.3632 (4)(a) to adopt the ~ existing non-ad valorem assessment by public hearing if newly affected property ~ owners have not provided written consent to the local government. This public hearing process as described by Florida Statute 197.3631. would have required first class notice of every property owner subject to the assessment ( entire city ). The applicant has been contacted and has executed a Stormwater Assessment consent form. The City initiated Annexation, Future Land Use Map amendment and initial zoning request is once again before the Planning and Zoning Board. PETITION ANALYSIS: The required findings for annexations pursuant to Florida Statutes and the LOR's are discussed in the attached staff report of October 17, 1994. A positive !:, finding to each is made. The Future Land Use Map amendment is being ~~ processed as a small scale amendment which now pursuant to H.B. 1659 is :l ~ exempt from state review (DCA) unless there is an appeal. Positive findings of compatibility between City and County Land Use Map designations, Consistency' with the City's Comprehensive Plan, Chapter 3.1.1., Section 3.3.2.(Performance Standards) and Sections 2.4.5.(D)(2)(rezoning findings) are made within the attached report. ASSESSMENT AND CONCLUSION: Accommodating the annexation of this property and affixing an initial zoning designation of ' R-1-AA is consistent with the City's program of annexation of t~rritory within its planning and service area. In addition the annexation will eliminate an enclave, which was the intent of the Delray Beach Enclave Act and the policy of the State under the Elms III legislation. . P&Z Staff Report Annexation with Initial Zoning ofR-laa District and Small Scale Future Land Use Map Amendment from County MR-5 to City Low Density Residential Page 3 The previous concern with respect to the need to obtain consent to the Stormwater Assessment Fee has been resolved through the execution of the {I consent form by the new owner of the property. With the consent by the , ,I.' property owner to the Stormwater Assessment Fee notice to all property owners in the City can be avoided. AL TERNA TIVES: A. Continue with direction B. Recommend approval of the annexation, Small Scale Land Use Map .J.r Amendment from County MR-5 (Medium Residential) to City LD (Low \! " Density) and initial zoning of R-1-AA. i) ~;' C. Recommend denial of the Annexation, Small Scale Land Use Map ~ Amendment and initial zoning with the basis stated. STAFF RECOMMENDATION: Recommend to the City Commission approval of .this involuntary annexation pursuant to the Delray Beach Enclave Act, Small Scale Land Use Map amendmenífrom County MR-5 to City Low Density, and initial zoning of R-1-AA (Single Family) based upon positive findings with respect to Section 3.1.1. Section 3.3.2. and Section 2.4.5 (0)(2) and policies of the Comprehensive Plan and the following: * That the property is contiguous, reasonable compact and does not create an enclave. ~ :~ * That services will be provided to the property in a manner similar to other' similar properties within the City. y:pzmeann I PLANNING Art-J ZONING BOAR('; CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: October 17, 1994 V.C. .. ...-.- - -- AGENDA ITEM: ITEM: Annexation, FLUHAmendment frOla County l-'IR-5 (Hed.ium Residential/5 Units per Acre) to City Low Density/O-5 Units per Acre and Initial Zoning of R-IAA. GENERAL DATA: lJ WIIIII ] GULF BOUl£VARO 0 ;;ç;\ 0:: .:( OWners/Applicants........Walter F. Seymour I r ~ :) 0 \ Q:I ,. I I -. Location.................East side of Swinton \ I -¡-r' 'r Avenue, North of Pine I- ~ ,-.-.... Ridge Road rr \ 0:: D (J 4tH cr; \ .:( f-- W Property Size............O.Sl Acres \ UI f-- City Land Use Plan.......Low Density Residential . '\ ). nß'1T1C - County Land Use Plan.....MR-S (Medium Residential \ . t/lGf{ - 5 units/acre) J saØ- Current County Zoning....ItS (~ingle Family IU!. De ...... Residential) rJT H Proposed City Zoning.....R-l-AA (Single Family r-- Residential) I I1I1 f-mœ:r .:~- Adjacent Zoning..........North: R-l-AA ~ East: NC I~ South: R-l-AA I-- ~ West: CF I-- ,,:- .~~ >l ..- . ,.. i--- Existing Land Use........Vacant TI III T Water Service............Existing 8" water main r l~ in the Tangerine Trail J"' I-- right-of-way 1 Sewer Service............Existing 8" sewer main I~f-- i! , . III in the Tangerine Trail - lR right-of-way _ N. . ~c- n ffEffHB >- ~:"'\ t6'IH s. N. I~ ''41-- Sf. ~r- " r· . I c (- I T E M B'E FOR E THE BOA R D: The item before the Board is that of making a recommendation on an involuntary annexation (pursuant to the Delray Beach Enclave Act HB 1061), Small Scale Future Land Use .Map amendment from County MR5 (Medium Residential) to City LD (Low Density) and an initial zoning of R-1AA (Single Family). LDR Sections 2.4.5 (A),(C), and (D) provide the rules and procedures for processing of this petition. The subject property is located on the south side of Tangerine Trail between Swinton Avenue and Seacrest Boulevard. B A C K G R 0 U N D: Through the' 1980s the City of Delray Beach experienced considerable growth in its municipal boundaries through annexation. These annexations were .typically in exchange for ". ' ,connection to muni.cipal _water and sewer systems and receipt of ! ¡Fire and Police service. The result of this explosive, unplanned growth was a jurisdictional configuration which was described in 1985 as resembling "swiss cheese" . Enclaves ranging from an isolated 10,000 sq. ft. lot to a 108 acre subdivision existed. The resulting "swiss cheese" development pattern created jurisdictional fragmentation which led to land use battles between the city and the County, service delivery problems among Fire, Police, Solid Waste, Recreation, and Library' service providers, lack of the programming for the provision of central (community) water and sewer facilities, and a general degradation of neighborhoods. In response to these problems, the 1986 legislature passed House Bill 1061, hereafter referred to a,s the Delray Beach .Enclave Act, which allowed the City of Delray Beach to unilaterally annex defined enclaves. The Delray Beach Enclave Act required . . preparation of an Urban Services report which was prepared and approved by City Commission. This urban service report identified 71 distinct enclaves which were eligible for annexation under the Act. These enclaves were annexed during the period of April, 1988 through the spring of 1989. The subject parcel was identified as part of Enclave No. 1, which was annexed via Ordinance 111-88 on October 11, 1988. During preparation of the associated annexation ordinance this property was inadvertently omitted. The parcel has been included within the city on the City Zoning and Land Use Maps as wel'l as the County Zoning and Land Use Maps. The omiss ion was discovered recently during review of the property appraiser's maps, which continue to identify the parcel as being within the County. I '. P&Z Board Staff c-)ort ~ Enclave #1 Proper~y Annexation/lntial Zoning (R-lAA) and Smale Scale FLUM Amendment Page 2 This omission was brought to the attention of the City Commission at its meeting of September 12, 1994. The Commission initiated the Annexation, Small Scale Future Land Use Map amendment, and initial zoning at that meeting. PRO J E C T DES C RIP T ION: . The subject property is a .51 vacant lot located south of Tangerine Trail between Seacrest Boulevard and Swinton Boulevard. The parcel is approximately 69' x 326' which apparently is being utilized by the neighbor to the south as an extension of his yard. Accompanying the annexation is a Future Land Use Map change from the existing County Land Use Map designation of Medium Density Residential to the City Land Use Map designation of Low Density Residential with an initial zoning of R-1AA. ANN E X A T ION A N A L Y S I S: .. -0 .... .. Florida Statutes Governing Annexations: Pursuant to the Delray Beach Enclave Act the City of Delray Beach is authorized to annex enclaves which are within the general boundaries of the City of Delray Beach as identified in the Act. This enclave was· identified as an eligible parcel within the Act. The required Enclave Act referendum was held on November 4, 1986 wherein the Enclave Act was approved by a single majority vote of the qualified electors. The required Urban Service report was prepared and approved by City Commission in 1988. The Urban Service Report (known as the Enclave Report) discussed the impacts, LOS (level of service) standards and necessary infrastructure associated with Enclave =ll=l. Land Development Regulations Governing Annexations: . Pursuant to Land Development Regulation Section 2.4.5 ( C )( 1 ) lithe City may initiate an annexation of private property pursuant to Florida Statutes". Pursuant to Section 2.4.5 (C){ 4) in addition to findings required for action on the initial zoning application, the City Commission must make findings that the annexation will not create a new County enclave and that the annexation is consistent with Objective B-3.4 of the Land Use Element (see discussion under Comprehensive Plan Analysis). The annexation will not create an enclave and in fact will eliminate an existing one. The annexation of this parcel is consistent with the Comprehensive Plan Annexation Policy B 3.4 (see discussion under Comprehensive Plan Analysis section). ~.. ,. . . P&Z Board Staff r ?ort (" Enclave #1 Proper~y Annexation/lntial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 3 COM PRE HEN S I V E P LAN A N A L Y S I S: Small Scale Future Land Use Map Amendment process: This petition is being processed as a small scale development pursuant to Florida Statute 163.3187, which can be processed without regard to the twice a year restriction placed on regular Future Land Use Map amendments. To qualify as a small scale Land Use Map amendment the following criteria must be met; * The proposed amendment involves residential land uses which are less than 10 acres in size and less than 10 units per acre; * The cumulative effect of the amendments shall not exceed 60 acres-annually; * The proposed amendment does not involve the same owner's property more than once a year; and, * The proposed amendment does not involve the same property owners property within 200 feet of property granted a change within the prior 12 months. This change is a residential designation of less than 10 units per acre and is less than 10 acres in size. The cumulative effect of all small scale amendments this year do not exceed 60 acres. This property owner has not processed a small scale amendment on this property or for property within 200 feet in the last year. Thus, the criteria for processing as a small scale amendment is met. Consistency Between the City and County Land Use Designations: The City' 5 current Future Land Use Map designation for the 00 parcel is LD (Low Density Residential- 0-5 units per acre). The County's Land Use Designation is MR5 (Medium Residential 5 units per acre). The City's Low Density Future Land Use Map designation is consistent with the County's Medium Residential Future Land Use Map designation. The City's FLUM designations as initially 00 contained on the City I s Future Land Use Map adopted in November, 1989 (and as· formally subsequently amended) are deemed to be advisory only until an official Land Use Map Amendment is processed. Adjacent Land Use Map designations and Land Uses: Tne surrounding Land Use Map designations to the north and south is LD (Low Density Residential), to the east is Transitional, and to the west is Recreation and Open Space. ," P&Z Board Staff (~?ort ' (1 (R-1AA) Enclave #1 Propercy Annexation/lntial Zoning and Smale Scale FLUM Amendment Page 4 The existing Land Uses to the north is vacant, to the south is residential, to the east vacant commercial (former HRS office) , and to the west the Unity church and school. Consistency with the City's Comprehensive Plan: Designated Annexation Area: This request~d annexation is consistent with Policy B-3.4 of the City's Future Land Use Element which calls for the annexation of eligible properties. The property' is not shown within the "designated annexation area" as this area was presumed to have been annexed when the Comprehensive Plan was adopted in 1989. Provision of Services: When annexation of property . occurs, services should be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use· policy" B-3.1),. The following is a -." discussion of required services and potential provision levels. : Police: Annexation will not require additional manpower, as the police currently' pass the property while patrolling areas of the City to the south, east, and west of the parcel. Fire and Emergency Services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station No. 1 (West Atlantic Avenue). Water: An 8" water main exists within Seacrest Boulevard and a new 8" water" main has been installed within Tangerine Trail. The Tangerine Trail main is part of the scheduled Enclave #1 improvements. Fire suppression is provided along Swinton Avenue and Tangerine Trail via existing fire hydrants. Sewer: An 8" gravity sewer main has recently been installed within Tangerine Trail as part of scheduled enclave improvements. This 8" main· gravity feeds into Lift station Not . 105 located on the west side of Swinton Avenue. Streets and Traffic: This " parcel has access to Tangerine Trail which is being repaved to the parcel's east property line. The balance of Tangerine Trail along the northern border of the parcel is a dirt road. At present the property owner to the south appears to be utilizing the area as an extension of his yard. Given the nature of the existing development no additional access appears to be needed at this time. With future development access from a paved street will be required. Parks and Open Space: The annexation of this residential properties will create little additional impacts on park and recreational facilities. No park deficiencies are noted in this part of the City. . P&Z Board Staff (- port ( Enclave #1 Proper~y Annexation/Intial Zoning (R-lAA) and Smale Scale FLUM Amendment Page 5 Solid Waste: At this time no solid waste service is provided to the site. If the site is developed in the future the parcel will be receive service from the current City provider. Fiscal Impacts: Affect Upon the Annexed Property: For the 1994 tax year this parcel had an assessed value of $8,000..This property does not qualify for homestead' or other exemptions therefore the taxable value is $8,000. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millaqe With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) , Library .4437 Deleted (County) , Ci ty of Delray Beach 6.88 Added , (City) : '; City of Delray Beach Debt 1.07 Added (City) , -------- . +4.9524 * * Total tax millage in the County is 20.2264 mills while in the City the total rate is 25.1788 mills. The tax increase for this propertY';;wil-l be $39. 62 a. "year(: In addition the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility: As this parcel is vacant the City assessment will be zero, based upon the combined impervious area of the buildings parking areas etc. If developed with impervious areas a stormwater fee will be assessed. Water/Sewer Rate Reduction: The annexation of this property would not have a monetary impact with respect to the utility fund, as the property does not currently receive municipal water and sewer service. . Fiscal Impacts to the City: At the 1994 City operating mi11age' _ rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $63.60 in ad valorem taxes per year. Z 0 N I N G A N A L Y S I S: The proposed initial City Zoning of the property is R-lAA (Single Family) The current County zoning designation for the property is Residential Single Family. The surrounding zoning designations are R-lAA to the north and south, to the east is NC (Neighborhood Commercial) and to the west is CF (Community Facility). The City zoning designation of R-1AA is consistent with the existing County designation of Residential Single Family. Upon annexation only the City zoning designation is applicable. . " P&Z Board Staff r port ( Enclave #1 Property Annexation/lntial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 6 R E QUI RED FIN DIN G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed R-1AA zoning designation is' consistent with the underlying "Low Density" land use designation. Concurrency: Facilities which are provided by, or through, the Ci ty shall -be provided to new development concurrent wi th . issuance of a Certificate of Occupancy. These facilities shall . be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of a small vacant parcel that is c~rrently not receiving service. Compliance with Land Development Regulations: Upon annexation any future development of the property will require compliance wi th the Ci ty' Land Development Regulations. Consistency: Compliance with the performance standards set forth in Section 3 .3 .2 ( Zoning) , along with the required findings in Section 2.4.5, 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. The applicable performance standards of Section 3.3.2 and other policies which apply areas follows: A) Performance Standard 3.3.2{A) states that a rezoning to other than CF wi thin stable residential areas shall be denied. The area is a stable residential area, and a similar and consistent initial zoning designation is being sought. . P&Z Board Staff( .port ( Enclave #1 Property Annexation/lntial Zoning (R-1AA) and Smale Scale FLUM Amendment Page 7 B) Performance Standard 3.3.2(D) states: 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 initial zoning designation of R-1A is consistent and compatible with the adjacent land uses. - Pursuant to Section 2.4.5(D)(1), a justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further identifies, certain valid reasons for approving the change being sought. As this zoning petition involves an ' initial zoning ¡:: designation to be assigned to a property being annexed, the ... above section does not apply. f REVIEW B Y o THE R S: COUNTY NOTICE: On september 14, 1994 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. PUBLIC NOTICE: Certified notice has béen provided to the property owner of record. In addition~ notice to all properties within 500 feet was given. Courtesy notices were also sent to Deborah Dowd (Northeast Neighborhood). ASS E SSM E N T AND' CON C L U S ION S: ACCoIn!1\odating the annexation of this property and affixing an initial City zoning designation of R-lAA is consistent with the . the City's program for annexation of territory within its Planning and Service area. In addition, the annexations will eliminate an enclave, which was the intent of the Delray Beach Enclave Act and the policy of the State under the new Elms III legislation. The annexed area will experience a slight increase in taxes. However, with the increased taxes and fees will come better City services. . P&Z Board Staff(' _port r Enclave #1 Property Annexation/lntial Zoning (R-lAA) and Smale Scale FLUM Amendment Page 8 A L T ERN A T I V E S: A. Continue with direction. B. Recommend approval of the annexation, small scale land use amendment from County MR5 (Medium Residential) to City LD (Low Density) and initial zoning of R-lAA. C. Recommend denial of the Annexation, Land Use Plan Amendment and'initial zoning with the basis stated. STAFF R E COM MEN D A T ION: Recommend to.. the City Commission approval of this involuntary annexation pursuant to the Delray Beach Enclave Act,·, Small Scale' -- Land-Use amendment . from County MR5 to City Low Dens i ty, and \ initial zoning of R-lAA (Single Family) based, upon..·positive [.: findings with . respect· to Section 3.1.1, ,;:Section· "'3.3.1 ',and .~ policies of the Comprehensive Plan and the following: * That the property is contiguous, reasonably compact and does not create an enclave. * That services will be provided to the p~operty in a manner similar to other similar properties within the City. Report prepared by: Paul Dorling, Principal Planner PD/enc:1Ave1.DOC - . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!J'Jf1 SUBJECT: AGENDA ITEM i Id B - MEETING OF JULY 11. 1995 FIRST R~ADING FOR ORDINANCE NO. 38-95/REZONING FROM RM TO GC FOR STRAGHN FUNERAL HOME DATE: JUL Y 6, 1995 This is first reading for Ordinance No. 38-95 which rezones a vacant parcel of land located on the west side of S.W. 5th Avenue, immediately south of the Straghn Funeral Home, from RM (Medium Density Residential) District to GC (General Commercial) District. The purpose of the rezoning is to accommodate a parking lot for a planned chapel addition to the funeral home. The addition will be processed as a conditional use modification. However, the appropriate zoning must first be in place. The Planning and Zoning Board considered this matter at public hearing on June 19, 1995, and voted unanimously to recommend that the rezoning be approved. Recommend approval of Ordinance No. 38-95 on first reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). If passed, a public hearing will be held on August 1, 1995. 6/0 ~~ ref:agmemo12 . , . - ._-- ...- . .'0 - .- ,'- -.- - - -- ....ø' ___.' __ __ .. . __J,'_'_ _. - ~- .----..-- _.-. -~...' '-- - .~~. ---... - ---..---.----.'--- ---'---'-~ .'..- .~'.-_._-_..- ..,.- / .. - ; ORDINANCE NO. 38-95 I i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ! DELRAY B-EACH , FLORIDA, REZONING AND PLACING LAND ¡ PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) I , DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; ! SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 5TH i AVENUE, BETWEEN S. W. 1ST STREET AND ATLANTIC AVENUE, j AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING I I "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; i PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I AND AN EFFECTIVE DATE. I WHEREAS, the property hereinafter described is shown on the i Zoning District Map of the City of Delray Beach, Florida, dated April, I I 1994, as being zoned RM (Medium Density Residential) District; and I WHEREAS, at its meeting of June 19, 1995, the Planning and i Zoning Board for the City of Delray Beach, as Local Planning Agency, I ¡ considered this item at public hearing and voted unanimously to I recommend approval of the rezoning, based upon positive findings; and I i í WHEREAS, it is appropriate that the Zoning District Map of I I the City of Delray Beach, Florida, dated April, 1994, be amended to I reflect the revised zoning classification. ! ¡ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the Zoning District Map of the City of I Delray Beach, Florida, dated April, 1994, be, and the same is hereby I amended to reflect a zoning classification of GC (General Commercial) District for the following described property: I The East Half (E 1/2) of Block 21, LESS the South 240 I i feet thereof and LESS the North 235 feet thereof, of ; I DELRAY BEACH (FORMERLY LINTON), FLORIDA, according to ! the Plat thereof recorded in the Office of the Clerk I of the Circuit Court in and for Palm Beach County, I Florida, in Plat Book 1 at Page 3 (LESS the East 5 feet thereof). I The subject property is generally located on the west side of S.W. 5th Avenue, between S.W. 1st Street and Atlantic Avenue; containing 0.41 acres, more or less. I I , I . .--. .. --.._- - ~- - .. ~.- -- - .-- _.--- --- -.-- ~- .-- . - --- ----"_.~- ,- - ~ ,_.. .-~ " ~... --.. -.. . ".--" .------ -----_.~---- .-------------.-- - ""~-------------------------_.__.~ .-,-- __r_ " Ci.ty I " Section 2. That the Planning Director of said shall, \ upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. , Section 4 . That should any section or provision of this I 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. , I PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1995. I I MAY 0 R ATTEST: i , J ¡ City Clerk First Reading Second Reading J I I ì I I " I ¡, I ! - 2 - Ord. No. 38-95 I ¡ i I ¡ ì . I I I I II I I II I I " I , .. I . N.W. ?~D STR. ~,I I If= .- I c ~ z ~ I <'I -(~ ..... ~ - - ¡; ~ ~ '\ - ¡.IQ, ... 4; :::::::: ~ .~ i CrTY -. -;;¡f Ie. J..- R· .M - HAJJ. .. .~ III I m I-- IE r-L- .. ~ I-- -' NoW. [Jjjj []]]] - SIR. ~ µ ~ . - I ~ ~ ~ 3 1-'" ~- V OF - ./ #' I--- c~ / - tENNIS fII!I!IIIill I I I III 1111 STADIUU I .. l1li\ ATLANTIC AVENUE I .¡ - - I [lBll I I gm pouœ III! í\ SOU1H r- - DEP AR1UE1f1 ÇOUN1Y ~ COORT I-- - HOUSE !--- - I~ I-- < ~ - I-- J..- J..- 1 s.w. ~ TIll ]][ ¡; m.ft: /I CD lei I- õ! - -- . - - ~ ø z If) ¡; N ~ II I IØ ~ ~ I III - I ~ " 2ND T. @Im ]llllII -- --,- II 1 11 r ~ ~ -~O: .... .. ..- Æffi8 ~ .. - 'J! - cñ _ en ~ - -/1 \;- 11\ "...... '1Rf . I :i 'J! I / I I I " I I I I cti III III cñ I I ~ N REZONING f'LV4NINC DE'PAIITIlEHT C"TY or DÐ.AAY IKAOI. Fl -- oorAi. &tSl" IJAP S't$7'E:U __ . , ðl( ?J1 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: MEETING OF JUL Y 11, 1995 REZONING FROM RM (MUL TIPLE FAMILY RESIDENTIAL MEDIUM DENSITY 12 UNITS/ACRE) TO GC (GENERAL COMMERCIAL) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a request for rezoning pursuant to LOR Section 2.4.5(0), Changes of Zoning. The subject property is located on the west side of S.W. 5th Avenue, south of West Atlantic Avenue. BACKGROUND: The subject property is a vacant parcel located immediately south of the Straghn Funeral Home. The funeral home originally received conditional use approval in 1979. The subject property is to be rezoned in order to accommodate a parking lot for a planned chapel addition to the Straghn Funeral Home. The chapel addition will be reviewed by the Commission as a part of a Conditional Use, however the rezoning must be approved first. Please refer to the attached Planning and Zoning Board report for additional information. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 19, 1995. There was no public comment. The Board voted unanimously to approve the rezoning request. City Commission Rezoning for Straghn Property Page 2 RECOMMENDED ACTION: 0 By motion, approve the rezoning request from RM (Multiple Family Residential 12 units/acre) to GC (General Commercial) for the Straghn property based upon positive findings with respect to Chapter 3 (Performance Standards) of the land Development Regulations, policies C?f the Comprehensive Plan, and Section 2.4.5(0)(5). Attachments: 0 Planning and Zoning Board Staff Report, Location Map, & Reduced Survey S:STRAGHNCC.DOC . PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: June 19, 1995 AGENDA ITEM: V.C. / ITEM: Rezoning from RM (Medium Density Residential) District to GC (General Commercial) District for a Parcel of Land Located on the West Side of S.W. 5th Avenue'and Immediately South of the Straghri Funeral Home. I ,.. ~ - I I I I !~ I I J ...., I - ii lID - - t:=I I XHOCL - - IIIIIIMC ~- - > - ,. . - - ;. PIIC 0( IlJ ~.~ 1TA'IIaN 1VCIII IT I NO. 1 ~ I I ~ illL 1ill SPDUI I I I I I I I ' , ATLANTIC AVENUE DID I I DIIIIJ U 01 illIwfrrm~.J ~ illJ]~L II II ~ f'OI,ICZ SOU1H IIÐ'AII'1IIIMT caIIIITt ;W QUIT !tIllS nl_ - - to- _ ,~ c!-- j ~ ~- : - - . .. ~ - - . ~ I en - ~ ST. s.E. - Sot( .1111111111 I . 1IIIIIr GENERAL DATA: Owner............................................................... ........... Alfred Straughn Agent........................... ............. ............... ........ ............ Thomas Fiala Techcon Design Umited Location........................................................................West side of SW 5th Avenue. South of Atlantic Avenue. Property Size............... ................. ............. ....... ............ 0.41 acre Land Use Map Designation.......................................... Redevelopment Area #1 Existing Zoning.............................................................RM (Medium Density Residential) Proposed Zoning............... .......................................... GC (General Commercial) Adjacent Zoning............... ........... ......................North: GC East: RM South: RM West: GC and RM Existing Land Use..,...........................................,......... Vacant Proposed Land Use..................................................... Rezoning to GC to accommodate an expansion of the existing funeral home located on the parcel to the north. Water Service........................................................,......Existing 6" water main in SW 5th Avenue. Sewer Service.................................................._........... Existing 8" sanitary sewer main in SW 5th Avenue. V.C. 1~¡¡I¡;f¡:¡¡¡!:¡¡¡¡¡~1¡ri¡¡~¡¡¡¡¡¡ìì¡¡¡¡¡¡~¡¡f¡ì¡¡¡1i.!:¡¡¡¡¡¡¡¡:¡¡¡¡f;¡¡::¡¡~¡¡!~~!¡:m:!I:!:~~!:~¡~:ª:¡:~::~!~¡:~:::lj:~!!!m¡~:!§m11:1:!I!lli:¡:ì~¡¡¡:I¡~~~¡¡!:¡¡¡¡:¡¡¡¡:¡¡:~¡ì:¡:¡:¡:¡:¡¡¡¡¡¡¡¡¡¡:¡~¡:¡!::i¡¡¡:¡¡¡:¡¡:¡:¡:¡¡¡¡:¡¡¡¡I The action before the Board is the consideration and recommendation to the City Commission on a rezoning request :fÌ'om RM (Medium Density Residential 12 units/acre) to GC (General Commercial) for a portion of the Straglµl Funeral Home property. The subject property is located on the west side of S.W. 5th Avenue, south of West Atlantic Avenue. This rezoning is being processed pursuant to LDR Section 2.4.S(D), Changes of Zoning. The subject property is described as the east half of Block 21, less the south 240 feet thereof and less the north 235 feet thereof, of Delray Beach, Florida, according to the plat recorded in Plat Book 1, Page 3, (see attached' location map). The property is currently vacant and contains 17,919 sq. ft. (.41 acre). The rezoning of the subject property is to provide parking for a proposed chapel addition, north of the existing funeral home. I:~f~:¡:::¡fm::¡j+:¡::::?:::::i::¡f~:¡~::~::::::*::~:*~:::::r::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::::T'ff::m:::~::I::!:::'::I~:Ñ~:~[~:::::~':::::~:::¡:¡:~¡:¡:::m¡r¡1:¡1't1:¡:::t:¡::::::::::~:::::::::::¡:::::~¡:¡:::r:::r::i1:::::::::~:1:::::::::~r:::::::::::::, ~J~ltt~~11t~¡mlJf~~~~~mmtlt~ttm¡1l¡¡~~¡~J~llt¡~ffJI~IlI@f..:...:t:.:::.~~::::..~~:~:::::...::::~~::::.:~::..:t..::.:~~:::~~:~...:::::..:~~..::~:..:~:..t...~~:..:~t~f:}@t¡¡¡¡¡¡¡*¡¡¡tl*~¡~~~;~1~f¡¡¡¡~¡¡¡~}~~I~¡¡ljt¡~jj~¡~j1jj~[~jjj¡jj~j¡jjj~jj~¡jj~~~~~j¡jj¡¡t¡~¡;f The subject property was created by meets and bounds description :fÌ'om Block 21, Town of Delray recorded at Plat Book 1, Page 3. The property was purchased by the current owner in January, 1976 and has remained vacant. The existing funeral home (located north of the subject property) received conditional use approval from the Delray Beach City Council on April 23, 1979. Modifications have occurred through the years to add 700 sq. ft. of residential floor area (1987) and to add a carport awning (1991). REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain fmdings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. , These findings relate to the Future Land Use Map, Concurrency, . P & Z Staff Report Straghn Property Rezoning Page 2 Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a land use designation of Redevelopment Area #1 and a zoning designation of RM (Medium Density Residential-12 units/acre). Pmsuant to Land Use Element Policy C-2.1, until such time as a redevelopment plan is prepared and adopted private development shall either be deferred until the plan is completed or, the land use request will be considered on its own merits with the existing zoning and policies of the Comprehensive Plan. The Planning and Zoning Department and Community Redevelopment Agency recently completed the Redevelopment Plan for the West Atlantic A venue Area. The plan calls for general commercial uses between Atlantic " Avenue 300' to 1st Street, except along S.W. 5th Avenue where the commercial area will i; extend 600'. The plan addresses commercial impacts upon residential properties by ~, requiring the commercial uses to be as close to Atlantic as possible and for parking and 6~ accessory uses to be located between the residential use and commercial use. The plan was recommended for approval by the Visions Committee on May 8th, by the Planning and Zoning Board on May 15th, and by the CRA on May 18. The plan is scheduled for consideration before the City Commission in the coming weeks. Support for the extension of the GC zoning along S.W. 5th Avenue is anticipated. Pursuant to Section 4.4.9(D), funeral homes are allowed as a conditional use within the GC zoning district. Based on the above, a positive finding with respect to consistency with the future land use map can be made. Concurrency:Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Adequate capacity exists to serve the proposed development. Service will be provided as follows: · Water service will be provided via connection to the existing 6" water main located within N.W. 5th Avenue. · Sewer service will be provided via connection to the existing 8" sanitary sewer main located within N.W. 5th Avenue. · Fire suppression will be provided to the site via construction of a new fire hydrant along N.W. 5th Avenue. P & Z Staff Report Straghn Property Rezoning Page 3 Streets and Traffic: The proposed use of the subject property is a parking lot. The parking lot is intended to support a proposed chapel addition north of the existing funeral home, located north of the subject property. The rezoning of the subject property to accommodate a parking lot will have no effect on 1raffic concurrency. A review of traffic concurrency as it relates to the chapel addition will be addressed at the time of conditional use approval for the addition. Solid Waste: The current zoning of RM allows a multiple family structure up to 12 units/acre. This use would generate. 52 tons of solid waste per year. The new zoning of GC and the proposed use of a funeral home will generate 2.5 pounds per square foot per year. Due to the change in use, a significant decrease in solid waste generation will occur. A positive finding with respect to solid waste can therefore be made. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required fmdings in Section 2.4.5(D)(5), Rezoning Findings shall be the basis upon which a fmding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the makin,g of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objectives and policies are applicable: Future Land Use Poli~y C-2.4: The Atlantic Avenue Redevelopment Area extends in a corridor along Atlantic A venue eastward from 1-95 to Swinton Avenue. Commercial redevelopment should be approached on a block by block basis and generally should be confmed to a depth of 300 feet from Atlantic Avenue rights-of- way. Great care must be taken with respect to the commercial area's relationship and its impact upon existing or proposed residential uses. The southern 65 ft. of the subject property is located outside of the prescribed area, however as a part of the redevelopment plan the entirety of S.W. 5th Avenue from Atlantic Avenue to S.W. 1st Street is planned as commercial. Existing residential property located to the west of the subject property is required to be buffered with landscaping as a part of the Conditional Use and Site Plan approvals. 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: . P & Z Staff Report Straghn Property Rezoning Page 4 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or th,at if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. To the north of the property to be rezoned exists the Straghn Funeral Home. The subject property will provide accessory parking for a proposed chapel addition. To the east are existing commercial uses. To the south is a single family residence and to the west are multiple family residences. Land Development Regulations require a hedge or wall and trees along the west property line to buffer against the residential use. The funeral home has existed in the area since 1979. The area to the south is designated for future commercial. Compatibility findings with the funeral home use will be further addressed with the Conditional Use. Section 2.4.5(J)~) Rezoning Findings: Pursuant to Section 2.4.5(D)(5) Findings, in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulf'ills 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; Co That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more çpropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant's justification statement reads as follows: "The West Atlantic Redevelopment Plan was approved by the Visions Committee on May 8th and the CRA on May 18th. Rezoning of the Property to GC is consistent with the Redevelopment Plan, Future Land Use Map, and the future development of the area." The applicable reasons are "b" and "c" above. Through the approval of the West Atlantic Redevelopment Plan, S.W. 5th Avenue is planned as a commercial corridor from Atlantic t~ S.W. 1st Avenue. Currently, the General Commercial District extends approximately 490 feet south of Atlantic on the east side of S.W. 5th Avenue and 235 feet on the west side ofS.W. 5th Avenue. As the redevelopment plan calls for commercial south to 1st P & Z Staff Report Straghn Property Rezoning Page 5 Street, the rezoning of the subject property will be consistent with the plan. The remaining sections of S.W. 5th Avenue will be rezoned to GC later this year following the adoption of the Future Land Use Map amendments in the redevelopment area. Community Redevelopment Aiency The CRA reviewed the proposed rezoning at its meeting of June 8th. The Agency recommended approval of the petition as submitted. Special Courtesy Notice: A courtesy notice has been provided to the West Atlantic Property Owners Association, ~ Delray Merchants Association, and the Visions Steering Committee. Any letters of ¡ objection will be provided to the Board. Public Notice: Notice of the proposed rezoning has been mailed'to property owners within a 500' radius of the subject property. Letters of objection or support will be attached to the report or presented to the Board at the meeting. The proposed rezoning is consistent with policies of the Comprehensive Plan and Land Development Regulations. The subject property is also a part of the planned rezoning of S.W. 5th Avenue to GC as proposed by the West Atlantic Redevelopment Plan. Based upon the above, the rezoning of the subject property can be viewed as a positive :first step for S. W. 5th Avenue. A. Continue with direction. B. Recommend approval of the rezoning request fÌ'om RM to GC for the Straghn property based upon positive findings with respect to Chapter 3 (perfonnance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). . P & Z Staff Report Straghn Property Rezoning Page 6 C. Recommend denial of the rezoning request from RM to GC for the Straghn property based upon failure to make a positive finding with respect to Section 2.4.5(D)(5), the rezoning fails to fulfill at least one of the reasons listed. By motion, recommend approval of the rezoning request to the City Commission from RM (Medium Density Residential 12 units/acre) to GC (General Commercial) for "the Straghn property based upon positive findings with respect to Chapter 3 (performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Location Map & Survey Y:STRAHNRZ.DOC , .J:::: /1/£57 //7¿A/v//C Af/EA/t/¿Ç ~ I ~i ,v",~.::'/ ¿/#é ð/ ¿¡ä?{'f 2/, _ : ~, i d ~ \ti 2'5. ¿) , I I '''2/1 /1/1 r" ß:?'ð.ø'(7~~ , ~[/ 5/ø''lK',:;¡(/,Æ''ðP /:;1//, c/, '- Y i: 1(/1/// (,;1,t:71/Lð~7ß -' 1 Y..---J ! - f) °ðB'ðt1" I' ) \ ~ 5&-;- I , Q.. \1\ ?11-" //,øA/ ~tJ ; '\ I I ~ ){//.r.-Ý (I,f~ ' \0- ~ ,..,,-+" ~ A.IIP II//"/ ;p /¿);1þ;J '\ ( ¿)~"'-¡!J-~ _ _ ~ 5' 'f(II"~ - .....,..., ~ ' Ii , "",.../ I' '0 !'~' ...'''' 'i.~.' ~ . " pI\¡ . , / . ~ ~ \.~ ~ ~ I ¡ ~, (' ~ ~... f II ì / .vEaL . ~ " ¡ \ I ! r' .?H'¡Ç¡;J .., t'" A 1/ [t:7 ~ ,P A Ý [ L:J '..~ ¡ ! L>'I£ _... ' , '" r " ,_ ,_ __ --, ~ , ,... I I I. ~---. I ~ I! , \{\ ~" If: ¡ ~ L - I ¡i ~ ;~~' i ¡ I ~N~$ , " ;f,r /Jr"r¿p¿1,/- ~ ~ ,¿)V"/L ¿:J/.AI'¿; A .11(711 ~ -,- §. I ' Z? 9' tI\ :~ ~. l ' ... r I I .... t.. .', CI"'~ ~. ~ ...'" ~ I Fø"~~R¡;)¡7> ~ ;;,."""-- M· I'/M/# L/,y/ /EA/t'~ '.~: '//.(þ' 1 ,rI ~: ~'~¡ ! ! ¡P'/,r,ý' C/I'#d:?~.? Y' ¡ : . ~' I ,(/c ¿/A//T$ ,. , . """IE -' ¡--- "P'I''''¡/c_I'''''¡;) , ~ vAl't70' C'".vc. ~ ' <t: ~ " \.~ ~_ í-.. .. ~ ~ - ,~ ~ ~ ~-- ~ l I ~ '} j"¿). r-r ~' ~ ,,;;' ~ ~ í ¡ ., . '.", " t/.·7& ,4[1ÆlE . ~ ~ ... ..".... ~";. ...c '1. ¡..,. \ '.J :¡ I::: ~ ~'ì; \.r, \ I'; " ' , ...._ ,," ~ ~.. I " '\,... ~; '..J ~ ~ : , ' . . \ '\. ; \ J '" '. I " ' ~ ~ 1 ,'_ ~ I '\) " i' PRopt:~ry 7(; 13£ RE.Z.oNE<f,~,~, ;. '.. ""'- . J · 09 ~ ~ ~ ~\ - ~ ," . ~ .~ ~ !\; ~tp 1 l I r . .. , ...,~... I· ;?G. Cl , .r¡;)tI,f/tJ . .. . .' " C ð /1/ C ' P{J..Vé' #.4 y" 5": ,'- L ~ -:/ð"/R,?.(/ .('¡?¡;) ... " . ' . _" . ì ¡( //"¥ r.f/.J' ':AI~';~ ~ jl __/ ----" ..',., ~;,t;)" ~... ~ too· ¿!#é-"¡ýé, \ ' '\) ",I',.I/£w,/!p \ ' I' I } ;;¿1t//'// ¿â1/,ç .:7,.- .6'¿,:1C/ .!'/, , ~..!; I 5 f{/ /~r 57,.{JE é r . ' . . M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i J~C: - MEETING OF JULY 11. 1995 FIRST READING FOR ORDINANCE NO. 39-95 (WALLS. FENCES AND HEDGES) DATE: JULY 7, 1995 This is first reading for Ordinance No. 39-95 which amends Section 4.6.5 of the Land Development Regulations concerning walls, fences and hedges. The purpose of the amendment is to reduce the maximum height of fences in front yards from 6 feet to 3 feet to eliminate sight obstructions. It also includes a maximum height restriction of 3 feet wi thin the sight triangle area at intersections (within 25 feet of the intersection of the two streets) . Commission directed staff to pursue this amendment on April 4, 1995. The Planning and Zoning Board considered this matter at public hearing on June 19, 1995, and recommended adding an amortization clause of five years for the removal of existing sight obstructions. The Board voted 5 to 2 (Frank Wheat and Louis Carbone dissenting) to recommend approval of the amendment as modified. The dissenting members did not oppose the amendment, but were opposed to the amortization clause. The Development Services Management Group discussed the amortization clause on June 22nd, at which time concerns over the impact of enforcement were expressed by staff. Recommend approval of Ordinance No. 39-95 on first reading without the amortization clause. If passed, a public hearing will be held on August 1, 1995. ~it.£f) on /s-r,e.y; . all')9 ~-o ref:agmemo15 . FAILED ON FIRST READING - 7/11/95 -,.. ._. ~ . ._~ -~.., ,,--.-.- . --_... ..-'-. ......._--- - ,h____.~_.__ _."_'.. ..--.--.- ___._".,__"-__.~~_. 'd~____..~".~_____·__'____~·'___·___·_~· ----....... . ..~--- ._----~.,._.... ," - -'---'-1 ~ i ORDINANCE NO. 39-95 , ¡¡ I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I , DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5, I "WALLS, FENCES, AND HEDGES II , OF THE LAND DEVELOPMENT I REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WITHIN FRONT YARD SETBACKS AND AT INTERSECTIONS TO ELIMINATE SIGHT OBSTRUCTIONS; PROVIDING AN AMORTIZATION CLAUSE; 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 June 19, 1995, and has forwarded the change wi th a recommendation of approval by a vote of 5 to 2; 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 4.6, "Supplemental District Regulations", Section 4.6.5, "Walls, Fences, and Hedges", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read I as follows: Section 4.6.5 Walls, Fences, and Hedges (A) Relationship to travelways: ~Ø/v}lalls, fences, hedges, I or similar structures shall ~ be erected in the public right-of-way nor close to the public right-of-way in a manner which the City Engineer determines will obstruct visibility or otherwise interfere I with the proper flow of vehicular traffic, pedestrian safety, or the I provision of services. On a corner lot. fences or walls shall not be erected or maintained at a heic¡ht exceedinc¡ three feet ( 3 ' ) within , twenty-five feet (25' ) of the intersection measured from a point where I the extension of ultimate ric¡ht-of-way lines meet. j (B) Dangerous features: No walls, fences or hedges shall I contain substance such but not limited to, barbs, broken I any as, I glass, nails or spikes, nor shall a fence be electrically charged. ¡ However, two feet of barbed wire may be placed upon a six foot or I higher fence in nonresidential zone districts. I ! I , ; FAILED ON FIRST READING - 7/11/95 . FAILED ON FIRST READING - -----..... -_._.._------._-,~ ... ,,----." . .....,_...,..'. _ __.._______.._...~_~_'__h~__...~__<~._"._.__~__·. _.______,_~___~_.__________.. ~..'. ___'._~_. ""___ ___. --.- -~._"--,,. ------ --l ! (C) Height Restrictions: Any wall, fence or hedge located in a t¢~~tt¢~ front yard shall not exceed six feet (6') in height. In " the required front setback, the maximum height shall be three feet I " (3' ). If it can be clearly demonstrated that a site obstruction is not created. the height limit within the front setback may be increased to a maximum height of four feet (4' ). Any wall, fence or hedge located in an tørt~tt¢~ interior side or rear yard shall not i exceed eight feet (8') in height. Such height is further regulated by subsection (A), above. .LD.l Amortization Clause: Fences. walls and hedges in existence as of July 25. 1995. shall comply with the above height restriction bv July 25. 2000. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this I ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such I , decision shall not affect the validity of the remainder hereof as a ¡ whole or part thereof other than the part declared to be invalid. I Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1995. I MAYOR I ATTEST: City Clerk First Reading I I Second Reading - 2 - Ord. No. 39-95 I , , ! FAILED ON FIRST READING - 7/11/95 . t>1( P'I'1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~~ THRU: DIANE DOMIN UEZ, 01 ~R líZRTMENT OF PLANNING AND ZONING ~~< FROM: PAUL DORLlNG PRINCIPAL PLAN R SUBJECT: MEETING OF JULY 11,1995 ORDINANCE AMENDING SECTION 4.6.5 OF THE LAND DEVELOPMENT REGULATIONS - (WALLS. FENCES AND HEDGES) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of a LOR text amendment to Section 4.6.5 for Walls, Fences, and Hedges. BACKGROUND: Current regulations allow a maximum height of eight feet (8') for fences and walls within the side interior and rear yards. A maximum of six feet (6') is allowed in the required front yard. In many cases, fences with a height of 6' in front yards creates sight obstructions. To avoid this situation in the future as well as similar potential problems at intersections the attached amendments are proposed. At its meeting of April 4, 1995 the City Commission directed staff to pursue modifying the LOR's to reduce the maximum height of fences in the front yard. The proposed amendments provide for a reduction in fence height from six feet (6') to three feet (3') within the front setback area. This fence height can be increased to a maximum of four feet (4') if it can be demonstrated that the increase in height would not create a sight obstruction. The amendment proposal also includes a maximum height restriction of three feet (3') within the sight triangle area at intersections (within 25' of the intersection of the two streets). . - City Commission Documentation Consideration on First Reading of an Ordinance Amending LOR Section 4.6.5 (Walls, Fences & Hedges) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 19, 1995. One person spoke during the Public Hearing (Alice Finst) with respect to requiring plantings in front of fences installed at single family homes. The Board recommended adding an amortization clause of five (5) years for the removal of existing sight obstructions. The Board voted 5 to 2 (Frank Wheat and louis Carbone dissenting) to recommend approval of the amendment as modified. The two dissenting members did not oppose the amendment but were opposed to the amortization clause. This amortization clause was discussed by the Development Services Management Group on June 22, 1995 at which time concerns over the impact of enforcement were expressed by staff. The clause has been included in the attached language. RECOMMENDED ACTION: By motion, approve the amendment to Section 4.6.5 of the Land Development Regulations without Section 4.6.5(0) (Amortization Clause). Attachment: * Proposed LOR Amendment S:WALLS,QOC . Section 4.6.5 Walls. Fences. and Hedaes: (A) Relationship to travelwavs: NÐ Walls, fences, hedges, or similar structures shall not be erected in the public right-of-way, nor close to the public right- of-way in a manner which the City Engineer determines will obstruct visibility or otherwise interfere with the proper flow of vehicular traffic, pedestrian safety, or the provision of services. On a corner lot. fences or walls shall not be erected or maintained at a heiaht exceedina three feet (3') within 25' of the intersection measured from a point where the extension of ultimate richt of wav lines meet. (B) Danaerous features: No walls, fences, or hedges shall contain any substance such as, but not limited to, barbs, broken glass, nail, or spikes nor shall an fence be electrically charged. However, two feet of barbed wire may be placed upon a six foot or higher fence in nonresidential zone districts. (C) Heiaht Restrictions: Any wall, fence, or hedge located in a required front yard shall not exceed six feet (6') in height. In the reauired front setback the maximum heiaht shall be three feet (3'). If it can be clearly demonstrated to the satisfaction of the Chief Buildinc official or his desianee that a site obstruction is not created. the heiaht limit within the front setback may be increased to a maximum heiaht of four feet (4'). Any wall, fence, or hedge located in an required interior side or rear yard shall not exceed eight feet (8') in height. Such height is further regulated by subsection (A), above. !ID. Amortization Clause: Fences. walls and hedoes in existence as of July 25. 1995 shall comply with the above heicht restriction by July 25. 2000. , . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'lt1 SUBJECT: AGENDA ITEM i I~. D. - MEETING OF JULY 11, 1995 FIRST REApING FOR ORDINANCE NO 40-95 ( LDR AMENDMENT RE DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS) DATE: JULY 6, 1995 This is first reading for Ordinance No. 40-95 which amends Article 7.9 of the Land Development Regulations concerning the regulation of docks, dolphins, finger piers and boat lifts. It changes the review authority for permitting from the City Engineer to the Building Division which is consistent with our current procedure, and provides that any appeal of the Building Official's decision will be heard by the Board of Adjustment instead of the City Commission. Other modifications include clarification with respect to how many docks are allowed on property, required setbacks, and the allowed location of associated dolphins. The amendment also increases the distance that boat lifts will be able to extend into the waterway from 10 feet to 20 feet. The Planning and Zoning Board considered this amendment at public hearing on June 19, 1995, and voted unanimously to recommend that it be approved. Recommend approval of Ordinance No. 40-95 on first reading, If passed, a public hearing will be held on August 1, 1995. ref:agmemo11 . --- -.-.' .- ,- -.- . ..- -- - ~.~. --~.-... --. ".--.- - ,.._.__._..,---~-~-- ---------"-,-.'.-.-....-----------. ~.-"..,..- ._---,---- .-- '-. '__4~"___ j: , ORDINANCE NO. 40-95 ¡, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.9, "DOCKS, i DOLPHINS, FINGER PIERS, AND BOAT LIFTS", OF THE LAND " DEVELOPMENT REGULATIONS TO CHANGE THE REVIEW AUTHORITY FROM THE CITY ENGINEER TO THE BUILDING ¡ DIVISION; AMENDING THE APPEAL PROVISION FROM THE CITY COMMISSION TO THE BOARD OF ADJUSTMENT; CLARIFYING THE ¡ NUMBER OF DOCKS ALLOWED ON A PROPERTY, REQUIRED I SETBACKS, AND THE LOCATION OF ASSOCIATED DOLPHINS; INCREASING THE DISTANCE THAT A BOAT LIFT MAY EXTEND INTO THE WATERWAY; AMENDING TITLE XV, "BUILDING REGULATIONS", OF THE CODE OF ORDINANCES BY REPEALING CHAPTER 150, II DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS" , IN ITS ENTIRETY¡ 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 June 19, 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: CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I I Section 1. That Chapter Seven, "Building Regulations", ., Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ARTICLE 7.9 DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS Section 7.9.1 Intent: The intent of this Article is to permit construction in and upon certain waterways of docks, dolphins, finger piers, and boat lifts which do not cause a hazardous interference with navigation, endanger life or property, or deny the public reasonable i visual access to public waterways. These regulations shall be applicable only to residentially zoned property and shall exclude ¡ commercial boating and related facilities. I Section 7.9.2 Permits Required: . _..-- -. -~ ~.__..__._- ------_.~.-_.. --..- .-.-----..<' .--- ....- --- --~,_. (A) It shall be unlawful to construct any dock,- dolphin, finger pier, or boat lift in the City without first submitting plans and obtaining a building permit therefor from the Building Department. The installation õf docks, dolphins, finger piers, and boat lifts shall require the submission to the City in advance of detailed plans and specifications for the proposed work, a plot plan, as-built drawings¡ plus a final certification of completion and compliance to said engineer's design by a state registered professional engineer before the City's final acceptance. The design and plans shall include as a minimum: I (1) Waterway typical section. (2) Type of soil being penetrated. (3) Length of piling, minimum embedment into bottom material, and minimum loading capacity. (4) Type and treatment of decking, seats, stringers, and bumpers. (5) Type of treatment of wooden piles. (6) Type o~ fastenings to be used. (7) American Wood Preservative Association Standards where applicable. (B) These plans shall be reviewed and approved by the ~ttý ~~~t~¢¢t Buildinq Division. The ~ttý/~~~t~¢¢t Buildinq Division may adopt, through administrative policies and procedures, and shall review said submittal in accordance with certain minimum design standards, which standards may be amended from time to time to reflect acceptable engineering practice. Section 7.9.3 Maintenance; Abatement as Nuisance if Unsafe: I (A) Docks, dolphins, finger piers, and boat lifts shall be maintained by the property owner in a safe condition, as determined by the department designated by the City Manager. (B) A dock, dolphin, finger pier, or boat lift which is I, determined to be in an unsafe condition is declared a public nuisance " and may be abated in accordance with the provisions of subsection~ ;, 1ØØ J~ø /tþítø}Á~þí/ 1ØØ /~~ 102.5 in the Standard Buildinq Code. !; ! - 2 - Ord. No. 40-95 : i I I I ·_-- --.- ~ .-."- -------_.--~~..--_. ---~- -"._--_.~._----_._-_._-~--_.~--. ~_ _______._~ .___.._ ___. ~.__.., 4. _____-.~ __..~_..._. ..---.-- , I I Section 7.9.4 Modification of Standards for Approval; Appeals: I , (A) Upon. the recommendation of the ~f.'¢ý /Ji:rigf.riØøt Building I Official, the Commission may authorize a modification in the standards I for approval as set forth in various subsections of this Article 7.9, I " if it is determined that the requirements of these sections would not be feasible or would constitute hardship in a particular instance, and i provided that a modification would not endanger public safety and welfare. (B) Should the ~f.'¢ý /~rigf.riØøt Building Official recommend against any request for modification of the standards for approval as set forth herein, the applicant shall have the right to appeal that decision of the ~f.'¢ý /~rig;lJ'i¢¢t Building Official to the ~¢¡ñ¡ñ;l~~;lØJ'i Board of Adjustment, by filing a written request to the City Manager within ten days after the decision of the ~;ltý /~J'i2f;lJ'i¢¢t Building Official. The ~¢¡ñ¢;l..f.¢J'i Board of Adiustment shall conduct a hearing i on the appeal at a regular or special ~¢¢¢f...;l¢ri Board of Adjustment meeting and shall render a decision within a reasonable time after the hearing. DOCKS Section 7.9.5 Standards for Approval: A dock may be permitted subject to the following conditions: I (A) A dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway. In no case shall the dock extend more than eight feet beyond the property line. (B) When '¢~ø plot frontage exists along a body of water ;l~ ¡ØØ /t¢¢'¢ /¢t /1.¢¢¢, only one dock is permitted. The dock shall not extend ~ closer than ten feet to the property line of adjacent property or the distance established for the side yard setback, whichever is greater. \ I i l~J / /if~¢J'i /t~¢ /'Ø1.¢'¢ /tt¢J'i'¢;.g¢ /;'1.¢J'i2f I;' /)S¢f).ý /¢t /}f;''¢¢t /¢~¢¢¢f).~ I I ¡ØØ/t¢¢,¢/;lJ'i/1.¢J'ig'¢~¡/;'/f).¢¢~/.~;'1.1./J'i¢,¢/¢~,¢¢J'if)./¢1.¢.¢t/t~;.J'i/~,/t¢¢'¢/'¢¢/'¢~¢ 'Øt¢'Ø¢ttý/1.;lJ'i¢/¢t/;'f).~;'¢¢J'it/'Øt¢'Ø¢ttýl (ØQ) At least one ladder extending from the dock surface to i two feet below the mean low waterline shall be provided for each dock. ! I I - 3 - Ord. No. 40-95 I ! . - ,. ---,. . . - -..- _ '·.r"·__·.. -, -".~---...-_.. _0. ' ,.~ ..._ ___, _ _ . ~ .. -- '-',-'~ - ,_., -' '.- -,-- Section 7.9.6 Additional Requirements Where OVer 50 Feet in-Aggregate Length: A dock or ~~¢/¢tl¢¢t¢ combination of docks serving the same property and excee~ing 50 feet in aggregate length shall be provided with the following facilities: (A) At least one sewage pump out connected to the City ¡ sanitary system. (B) One potable water hose bib and one electrical outlet for each 25 feet of dock length or major fraction (over 50%) thereof or for each boat where the design of the dock, finger piers, or dolphins clearly indicates a specific number of boats to be moored. , I I (C) At least one ladder for each 50 feet of dock length or ¡ major fraction (over 50%) thereof extending from the dock surface to two feet below the mean low waterline. Where two or more docks serve the same property, at least one ladder shall be provided for each dock. DOLPHINS Section 7.9.7 Standards for Approval: Dolphins may be installed in conjunction with docking and mooring facilities subject to the following conditions: (A) No dolphin shall be permitted when the waterway is less than 80 feet in width. (B) For waterways 80 feet in width to 100 feet in width, a ! minimum clear width of 50 feet of waterway channel shall be ! maintained, and dolphins shall be permitted and may be installed up to j 20 feet from the extended property line or seawall or bulkhead, I whichever is nearer to the waterway. (C) For waterways greater than 100 feet in width, the I maximum distance a dolphin may be installed shall be 25 feet from the I extended property line or seawall or bulkhead, whichever is nearer to I I the waterway. , . , (D) ¡i)¢;rpl~tJ'Í_ 1_~fÁ;r;r IJ'Í¢~ I)s¢ ItJ'Í_~fÁ;r;r¢çI /tJ'Í lfÁJ'ÍÝ 1)S¢çIý I¢t /~fÁ~øt i ¢;rø_¢t/~~fÁJ'Í/~'lt¢¢~/tt¢¢/~~¢/¢~~¢J'ÍçI¢çI/plt¢pI¢t~ýl;rtJ'Í¢/ For purposes of r this division, an extended property line shall mean the extension into the water of a plot line intersecting the property line along the body of water if the extension forms right angles with the property line II along the water. ø~~¢t¢t_¢¡/~~¢/¢~~¢J'ÍçI¢çI/plt¢pI¢t~ý/;rtJ'Í¢/_~fÁ;r;r/¢¢fÁJ'Í/fÁ :ttJ'Í¢ 1¢~~¢J'içItJ'iw ItJ'i~¢ lfÁ 1'V>¢çIý I¢t l~fÁ~¢t I;'~ Ittw~~ /fÁJ'iW:tø_ /~¢ /~~Ø /plt¢-ø¢t~ý _ :ttJ'i¢ lfÁ:t¢J'iw /~~¢ /'V>¢çIý I¢t I~;.~¢t Itt¢¢ I~~¢ /-ø¢tJ'i~ I¢t / ;lJ'i~¢t¢¢¢~;l¢~ I¢f. /~~¢ -ø:t¢~/:t;lJ'i¢/ When the property line along the body of water is curved, - 4 - Ord. No. 40-95 I '- .'''.-- --...-. - .-. ..- ---_. _.,.---..._" --~---,,--- ~.- - ._-~------,- _.._-~_....---_. ------..------.---- -. .- -" . _._-- --~ ¡ the extended property line shall mean a line extended into i1 body of I , water at right angles to the tangent of the curve at the point of I intersection with tþe plot line. ¡ (E) Dolphins shall be constructed of preservative-treated I I piling with a minimum butt dimension or diameter of ten inches. A dolphin shall be of sufficient length so that after being driven it will extend not less than six feet nor more than eight feet from the water level at mean high tide. All dolphins shall have a reflectorized band approximately two feet below the top of the piling. FINGER PIERS I Section 7.9.8 Standards I For Approval: The conditions for installation and location of finger piers shall be the same as specified for dolphins. Section 7.9.9 Distance Between Piers: The distance between finger piers shall not be less than 25 feet. Section 7.9.10 Additional Requirements Where Dockage For Two Or More Boats Provided: Where finger piers are permitted and docking facilities are provided for two or more boats, the following I facilities shall be provided: I (A) At least one sewage pumpout connected to the City sanitary sewer system. (B) One potable water hose bib and one electrical outlet for each 25 feet of dock length or major fraction (over 50%) thereof or for each boat where the design of the docks and finger piers clearly indicates a specific number of boats to be moored. (C) At least one ladder for each 50 feet of finger pier I length or major fraction (over 50%) thereof, extending from the dock ! surface to two feet below the mean low waterline. Where two finger piers or more are on the same property, at least one ladder shall be I provided for each finger pier. BOAT LIFTS ì I Section 7.9.11 Standards For Approval: A boat lift may be permitted I subject to the following conditions: \ I ¡ (A) The boat lift in raised position shall not extend I a f , than ~Ø1i twenty feet ¢ýøt ..in.t..Q th e waterway from the property I ! more line or seawall or bulkhead, whichever is nearer to the waterway. ¡ I I - 5 - Ord. No. 40-95 . · . ~--. --_. . .---- ~.. ... .' . -"- .- -.. -. - _. ~ -- ...~._- --_._.~_.- .--- -_..--~~.- .-- ....._-..... . I (B) When ~~ø plot frontage exists along a body of water t~ i i .løø /tøø~ /øt /'J.øøø, only one boat lift is permitted. The boat lift j shall not extend ~ closer to the adiacent proDerty line than ten ! feet ~Ø/t~Ø/~tø~øttý/'J.t~Ø/Øt/_~i.¢Ø~~/Ptøpøttý or the buildinq side I setback. whichever is ~reater., [fl.] / /1~Ø~ /t~ø /P'J.ø~ /ttø~~.Wø /.'J.ø~W /. /)jø~ý /øt /.,q.~øt /Ø~¢ØØ~~ I I .løØ/tøøt/t~/'J.Ø~wt~I/./)jØ.t/'J.ttt/.~.'J.'J./~øt/Ø~tø~~/¢'J.ø.øt/t~.~/~,/tøøt , tØ/t~Ø/PtøPøttý/'J.t~Ø/Øt/.~i.¢Ø~~/ptøPøttý/ Section 2. That Title XV, "Building Regulations", Chapter 150, "Docks, Dolphins, Finger Piers, and Boat Lifts", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is I hereby repealed in its entirety. Section 3. That all ordinances or parts of ordinances in I 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 I declared by a court of competent jurisdiction to be invalid, such ~. decision shall not affect the validity of the remainder hereof as a I 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. ¡ , I MAYOR ! ATTEST: City Clerk I First Reading Second Reading ! - 6 - Ord. No. 40-95 j . . cl( 111 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER /~ /' THRU: 01 E DOMINGUE IRECTO ~RTMENT OF PLANNING A ád~' FROM: PAUL DORLlNG PRINCIPAL PLA ER SUBJECT: MEETING OF JUL Y 11, 1995 ORDINANCE AMENDING SECTION 7.9 OF THE LAND DEVELOPMENT REGULATIONS - (DOCKS. DOLPHINS. FINGER PIERS AND BOAT LIFTS) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of an amendment to the LOR Section 7.9 Docks, Dolphins, Finger Piers and Boat Lifts. BACKGROUND: The amendment will bring the procedures outlined in the LOR's into consistency with the current permit process. The LOR's currently state that the review and approval process rests with the City Engineer and not the Building Department. In practice the City Engineer does not get involved in the current review or approval process unless the permit request involves a waiver. This amendment will change the review authority for docks, dolphins, finger piers and boat lifts from the City Engineer to the Building Department as well as the appeal of that decision from the City Commission to the Board of Adjustment. The proposed amendments further provides clarification with respect to how many docks are allowed on property, their required setbacks, and the allowed location of associated dolphins. The amendment further increases the distance (10' verses 20') that boat lifts will be able to extend into the waterway. . , . City Commission Amendment to LDR Section 7.9 for Docks, Dolphins, Finger Piers & Boat Lifts Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 19, 1995. No one spoke during the public hearing. The Board recommended approval of the LOR amendment on a unanimous (7-0) vote. RECOMMENDED ACTION: By motion, approve the first reading of an amendment to the Land Development Regulations Sections 7.9.2 through Sections 7.9.11. Attachments: * Proposed LOR Amendment I ! ¡ ! S:FENCE.DOC I \ ¡ I ( ì I I I , I ¡ ! . I I ! !