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02-12-13 Special/Workshop MeetingCITY COMMISSION LktLl?:X1 tff:1[ H CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING - TUESDAY, FEBRUARY 12, 2013�'"�` 6:00 P.M. DELRAY BEACH CITY HALL r� 20U1 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 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. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: CONSIDER A CONTRACT FOR SALE AND PURCHASE OF OLD SCHOOL SQUARE GARAGE RETAIL SPACE: Consider approval of a Resolution and Contract for Sale and Purchase of the Old School Square Garage Retail Space located on the S.W. corner of Pineapple Grove Way and N.E. 1st Street; Resolution No. 08 -13 provides for the sale to the Law Offices of Kanner & Pintaluga, P.A. and Resolution No. 09 -13 provide for the sale to Schmier & Feurring Properties, Inc. (PUBLIC HEARING) 2. CONSULTING SERVICES/ 2013 MUNICIPAL ELECTION: EDUCATIONAL COMMUNICATION SERVICES: Consider approval for a consultant to provide educational communication regarding the proposed Charter Amendments as well as the proposed Economic Development Property Tax Exemption for the March 12, 2013 Municipal Election. WORKSHOP AGENDA 1. Presentation on Crime Statistics 2. Discussion of Proposed Revisions to the Noise Ordinance 3. Discussion regarding Public Comments on Agendaed Items 4. Discussion regarding Smoking on the Beach 5. Downtown Master Plan Discussion 6. Community Engagement: Live And Learn Program, Town Hall Meetings, and City Publications 7. Commission Comments 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. MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 6, 2013 SUBJECT: AGENDA ITEM SP.1- SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 CONSIDER A CONTRACT FOR SALE AND PURCHASE OF OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION The item before the City Commission are two Resolutions each of which adopts and includes a proposed Contract for Sale and Purchase of the Old School Square retail space. Resolution 8 -13 provides for the sale to the Law Offices of Kanner & Pintaluga, P.A. while Resolution 9 -13 provides for the sale to S &F Acquisitions, Inc., a related entity of Schmier & Feurring Properties, Inc. BACKGROUND Resolution 8 -13 adopts and includes the Contract for Sale and Purchase between the City of Delray Beach, Florida and The Law Offices of Kanner & Pintaluga, P.A. for the interior space on the first floor of the Old School Square Parking Garage located on the S.W. corner of Pineapple Grove Way and Northeast 1 st Street. The cost of the purchase is Two Million Five Hundred Thousand Dollars ($2,500,000.00). The City will provide the Buyer with 20 assigned parking spaces and 30 parking passes. The Buyer will pay the City a closing charge of 1.3% of the total purchase price as well as the documentary stamps on closing. The City shall pay the broker fees of 6 %. The Buyer shall take title subject to the City's lease agreement with the CRA. Resolution 9 -13 adopts and includes the Contract for Sale and Purchase between the City of Delray Beach, Florida and S & F Acquisitions, Inc. a related entity of Schmier & Feurring Properties, Inc. for the interior space on the first floor of the Old School Square Parking Garage located on the S.W. corner of Pineapple Grove Way and Northeast IstStreet. The cost of the purchase is Two Million Five Hundred Thousand Dollars ($2,500,000.00). The City will provide the Buyer with 15 assigned parking spaces and 25 parking passes. The Buyer will pay the City a closing charge of 1.3% of the total purchase price as well as the documentary stamps on closing. The City shall pay the broker fees of 6 %. The Buyer shall take title subject to the City's lease agreement with the CRA. This contract is contingent upon the Buyer providing the CCC the ability to occupy the space (Arts Garage Space) for a period of 10 years, with the option to purchase by the CCC at the end of the 10 year period, and providing the City evidence of such agreement. RECOMMENDATION City Commission discretion. RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at the S.W. corner of Pineapple Grove Way and Northeast 1 St Street; and WHEREAS, the Buyer hereinafter named desires to buy the property for public purposes hereinafter described from the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. 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, Florida, as Seller, hereby agrees to sell to The Law Offices of Kanner & Pintaluga, P.A., as Buyer, interior space on the first floor of the Old School Square Parking Garage, for the purchase price of Two Million Five Hundred Thousand and 00 /100 Dollars ($2,500,000.00), and other good and valuable consideration; said property being more particularly described as follows: See Exhibit "A" Section 2. 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 Buyer as hereinabove named are incorporated herein as Exhibit `B ". ATTEST: City Clerk PASSED AND ADOPTED in regular session on the day of , 2013. MAYOR EXHIBIT "A" OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SURVEY, PLOT PLAN AND GRAPHIC DESCRIPTION OF IMPROVEMENTS LOCATION MAP SECTION 16, TOWNSHIP 46S, RANGE 43E, N.T.S. TABLE OF CONTENTS: REAL PROPERTY DESCRIPTION SKETCH OF SURVEY AND PLOT PLAN VERTICAL BOUNDARIES AIR CONDITIONING EASEMENT AREAS (2ND FLOOR) SKETCH OF AIR CONDITIONING EASEMENT AREAS (2ND FLOOR) SURVEYOR'S NOTES SURVEYOR'S CERTIFICATE .............. SHEET 2 .............. SHEET 3 .............. SHEET 4 .............. SHEET 5 .............. SHEET 6 .............. SHEET 7 .............. SHEET 8 .-WIVIYJ I j . uwie: 24 -2013 2 -0413 PERA DRNEOgMENT _. Heller - Weaver and Sheremeta, inc. DRAWN BY: N/A KROLLE COMMENTS �-�'_.. Engineers ... Surveyors and Mappers CHECKED BY: D.LAAK '- ' 7 = 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: t OF 8 LB. No'om wa (561) 243 -8700 - Phone (561) 243 -8777 - Fax FlLE N0. 13. 15396.115 -SSio OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE AIR CONDITIONING EASEMENT AREA (2ND FLOOR) DESCRIPTION: AIR CONDITIONING EASEMENT AREAS (2ND FLOOR) THAT PORTION OF REAL PROPERTY LYING ABOVE THE FINISHED FLOOR OF THE SECOND FLOOR GARAGE PARKING AREA HAVING AN APPROXIMATE ELEVATION OF 35.7, NATIONAL GEODETIC VERTICAL DATUM (NGVD) 1929 AND BELOW THE TOP OF THE PARAPET WALL OF THE SECOND FLOOR GARAGE AREA HAVING AN APPROXIMATE ELEVATION OF 39.2, NATIONAL GEODETIC VERTICAL DATUM (NGVD) 1929 LYING WITHIN A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 111, AT PAGE 46, AS RECORD IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT 'A", OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 °00'00 "W ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 20.77 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID TRACT "A" 1490 °00'00 "W FOR A DISTANCE OF 11.13 FEET; THENCE SOO °00'00 "W FOR 51.08 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT "A "; THENCE CONTINUE S00 °00'00 "W FOR 4.92 FEET; THENCE N90 °00'00 "W FOR 1.67 FEET TO THE POINT OF BEGINNING; THENCE S00 °00'00 "W FOR 9.00 FEET; THENCE N90 °00'00 "W FOR 16.25 FEET; THENCE N00 °00'00 "E FOR 9.00 FEET; THENCE S90 °00'0 "E FOR 16.25 FEET TO THE POINT OF BEGINNING. TOGETHER WITH EASEMENT AREA 2 COMMENCE AT THE AFOREMENTIONED POINT "A "; THENCE N90 °00'09'W FOR 45.92 FEET TO THE POINT OF BEGINNING; THENCE SOO °00'00 "W FOR 9.00 FEET; THENCE N90 °00'00 "W FOR 9.00 FEET; THENCE N00 °00'00 "E FOR 9.00 FEET; THENCE S90 °00'00 "E FOR 9.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH EASEMENT AREA 3 COMMENCE AT THE NORTHEAST CORNER OF TRACT "A", OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 °00'00 "W ALONG THE EAST LINE OF SAID TRACT A FOR A DISTANCE OF 20.77 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID TRACT "A" N90 °0900 "W FOR A DISTANCE OF 11.13 FEET TO THE POINT OF BEGINNING, THENCE S00 "00'00 "W FOR 15.66 FEET; THENCE N90 °00'00 "W FOR 18.92 FEET; THENCE N00 °00'00 "E FOR 17.33 FEET; THENCE S90 °00'00 "E FOR 17.25 FEET;THENCE S00 °00'00 "W FOR 1.67 FEET; THENCE S90 °00'00 "E FOR 1.67 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTE: VERTICAL ELEVATIONS ARE REFERENCED TO THE NATIONAL GEODATIC VERTICAL DATUM OF 1929 (NGVD 1929) n` " "" Heller - Weaver and Sheremeta, inc, v"" `IA 1.24.13 -PER CITY'S COMMENTS _. ... SCALE: WA 24.1343ER ATTORNEYS'5 =� __ -1" € — DRAWN BY: W.ROLLE COMMENTS Engineers ... Surveyors and Mappers CHECKED BY: D.LAAK 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 6 OF a L.S. NO.'OOM449 (561) 243 -8700 - Phone (561) 243 -8777 - Fax FILE NO. 13. 15396.115 -SS15 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE REAL PROPERTY DESCRIPTION A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE (PLAT BOOK 111, PAGE 46) BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST. CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA REAL PROPERTY DESCRIPTION: THAT PORTION OF REAL PROPERTY LYING ABOVE A VERTICAL ELEVATION OF 11.9 FEET, NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 1929) AND BELOW A VERTICAL ELEVATION OF 30.6 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 1929) LYING WITHIN A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A", OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 °00'00 "W ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 20.77 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID TRACT " A" N90 °00'00 "W FOR A DISTANCE OF 10.97 FEET TO THE POINT OF BEGINNING; THENCE SOO °00'00 "E FOR 59.50 FEET; THENCE N90 "00'00 "W FOR 1.83 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT "A "; THENCE S00 °00'00 "W FOR 2.00 FEET; THENCE S90 °00'00 "E FOR 1.83 FEET; THENCE S00 "00'00 "W FOR 59.00 FEET; THENCE N90 °00'00 "W FOR 1.83 FEET TO A POINT TO BE KNOW HEREINAFTER AS POINT "B'; THENCE SOO "00'00 "W FOR 2.00 FEET; THENCE S90 °00'00 "E FOR 1.83 FEET; THENCE S00 "00'00 "W FOR 16.75 FEET; THENCE N90 °00'00"W FOR 55.42 FEET; THENCE N00 "00'00 "E FOR 2.75 FEET; THENCE S90 °00'00 "E FOR 0.33 FEET; THENCE N00 °00'00 "E FOR 14.58 FEET; THENCE S90 °00'00 "E FOR 9.00 FEET; THENCE SOO °00'00 "W FOR 0.58 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 "00'00 "E FOR 2.00 FEET; THENCE N90 "00'00 "W FOR 2.00 FEET; THENCE S00 °00'00 "W FOR 0.58 FEET; THENCE N90 "00'00 "W FOR 9.00 FEET; THENCE NOO °0900 "E FOR 4.58 FEET; THENCE N90 "00'00 "W FOR 1.00 FEET; THENCE S00 "00'00 "W FOR 4.58 FEET; THENCE N90 °00100 "W FOR 7.35 FEET; THENCE NOO °00'00 "E FOR 60.17 FEET; THENCE S90 °00'00 "E FOR 7.35 FEET; THENCE S00 "00'00 "W FOR 4.58 FEET; THENCE S90 °00'00 "E FOR 1.00 FEET; THENCE N00 °00'00 "E FOR 4.58 FEET; THENCE S90 °00'00 "E FOR 9.00 FEET; THENCE S00 "00'00 "W FOR 0.58 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 "00'00 "E FOR 2.00 FEET; THENCE N90 "00'00 "W FOR 2.00 FEET; THENCE SOO "00'00 "W FOR 0.58 FEET; THENCE N90 "00'00 "W FOR 9.00 FEET; THENCE N00 °00'00 "E FOR 14.58 FEET; THENCE N90 "00'00 "W FOR 1.00 FEET; THENCE S00 °00'00 "W FOR 5.83 FEET; THENCE N90 "00'00 "W FOR 38.00 FEET; THENCE N00 °00'00 "E FOR 53.16 FEET; THENCE S90 °00'00 "E FOR 13.00 FEET; THENCE S00 °00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE NOO °00'00 "E FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 34.00 FEET; THENCE SOO °00'00 "W FOR 1.83 FEET; THENCE S90 °0900 "E FOR 2.00 FEET; THENCE NOO "00'00 "E FOR 1.83 FEET; THENCE S90 "00'00 "E FOR 22.00 FEET; THENCE S00 "00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 "00'00 "E FOR 1.83 FEET; THENCE S90 "00'00 "E FOR 17.25 FEET; THENCE S00 °00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 1.83 FEET; TO THE POINT OF BEGINNING, LESS THE FOLLOWING AREAS CONTAINING STRUCTURAL COMPONENTS; COMMENCE AT THE AFOREMENTIONED POINT "A'; THENCE N90 °00'00 "W FOR 16.25 FEET TO THE POINT OF BEGINNING; THENCE S00 °00'00 "W FOR 2.00 FEET; THENCE N90 "00'00 "W FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 2.00 FEET; THENCE S90 "00'00 "E FOR 2.00 FEET TO THE POINT OF BEGINNING. AND LESS COMMENCE AT THE AFOREMENTIONED POINT "B'; THENCE N90 °00'00 "W FOR 16.25 FEET TO THE POINT OF BEGINNING; THENCE SOO °00'00 "W FOR 2.00 FEET; THENCE N90 °00'00 "W FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 2.00 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 10,289 SQUARE FEET OR 0.24 ACRES OF LAND, MORE OR LESS. KLMOUKJ I UNI C: L-0 -1013 24-13-PER A RNEDYS'SEN Heller - Weaver and SheremetaI inc. SCALE: N Err. WROLLE COMMENTS Engineers ... Surveyors and Mappers CHECKED Br D,LAAK 310 S.E.1 st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 2 OF 8 LB. NC. 'oDD3"9 (561) 243- 8700 - Phone (561) 243.8777 - Fax FILE NO. 13.15396.115 -SS11 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SURVEYOR'S NOTES NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY "). 2) THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE BASED UPON THE CENTERLINE OF N.E. 1ST AVENUE HAVING AN ASSUMED BEARING OF N00 °00'00 "E. 4) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 5) BENCH MARKS USED: PALM BEACH COUNTY BENCH MARK "D -32" ELEVATION 20.353' 6) SYMBOLS SHOWN HEREON ARE NOT TO SCALE. 7) DISTANCES SHOWN HEREON WERE DERIVED FROM ARCHITECTURE PLANS PREPARED BY PGAL ARCHITECTURE UNDER PGAL PROJECT NO. 718-04014.00, DATE OF ISSUE 4/12/06. THESE DISTANCES WERE FIELD VERIFIED 10115/07 UNDER W.O. 15396.110 AND SAID DISTANCES WERE FOUND TO BE WITHIN 0.21' OF THE DIMENSIONING SHOWN HEREON. LEGEND: HWS HELLER- WEAVER AND SHEREMETA, INC. O.R.B. OFFICIAL RECORD BOOK P.B. PLAT BOOK PG. PAGE P.O.B. POINT OF BEGINNING EL. ELEVATION N.T.S. NOT TO SCALE S.F. SQUARE FEET REVISIONS 1. 2413- PERCITI"S COMMENTS - • Heller - Weaver and Sheremeta 1 inc. '' �' , tr • Engineers ... Surveyors and Mappers — — 310 S.E.1 st SVeet, Suite 5 Delray Beach, Florida 33483 DATE: 2-4-2013 SCALE: NIA 24.13-PER ATTORNEYS'S DRAWN BY: W.ROLLE COMMENTS CHECKED BY: D.LAAK SHEET: 7 OF e LB. N0,Domug (561) 243 -8700 - Phone (561) 243 -8777 - Fax FILE NO. 13.15396.115SS16 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SKETCH OF SURVEY N A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE (PLAT BOOK 111, PAGE 46) BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA Op INDICATES LOCATION OF THE ELEVATION AT THE BOTTOM SKETCH OF SURVEY: OF THE STRUCTURAL BEAM NORTH WITHIN THE UNIT, SEE VERTICAL 20 15 10 5 0 10 20 BOUNDARY SHEET 6 OF 8 r- r. IfG N.E. 7 ST STREET < L � • � yC� � ,44 ,, _ rr �7 ' y 1iAE AEi,)� .S '_.'�. 2 y .. r.- r •i �'c `'�} '�'' Y%� ;POI O COMME CEM N *. t ORTHEAST CORNER:, E 890 00'00"E 890-00-00"E S90* 010 �.. 5 +r,'� OF TRACT A" - - 34.00 22.00' 77.28 " i I. OLDSCH�+I{�rLSOUAR !P4iiICING'- - - - 800 *00'00"W soo'o0 -0o"w =' �>'>"� I GARAGE /WD PARK 1.83' 1.83' + �- I�(PLATBOaK111,PAC�46) �r S9o•00'00"E 890'00'00• E r ^ I!/ I I N90 °00 0 "W I 2.00' 2.00' w �• ti " i 1';.10.97 I L, N00'00'00 'E N00.00 -00 "E ul `r 1.83' 1. BS' + ¢ pQINT O BEGINNI G N00'00'00 "E 800'00'00 1W g ",�t�cCo4 oio 1.83' 1.83' °o �:'`r• "1' /)� Y,•,> v I �;. o pj 890'00-00 "E 890'00100 "! W o �� e h 2.00' I. i; : " !� `I '`♦ l5 i S00'00.00"Nf ' ��; EAST LIN OF TRACT ,,. 1.83' �'? �c I (PLAT BO K 111, PAGE 46) 1 : ✓` 390'00'00"E N90'00 -00•'W NOT INCLUDED I' >. I UNITS F RETAIL SPACE , 13.00' 1.00' P.O.B. '•�1. ^il I� '.,: 300 °DO.00"W W N90'0o'00'NY N90.00 -00 "YY 38.34• 5.83' N90 00.00•'W ? 50 8 POINT.. 058' 8N " o 00 00• W I V J 11 I i ! /�fl� ?' N90'00 00"YII }, 2.00' N90 °00'000' _W �'Y1 i III l N00'00'OO'E 18.25' h • I / .^S MIT OF RETAIL SPAC �� 2.00' J Qq .0'00'00 ^E 2 890'00'00"E S� `r F o 2.00 1.84' I Z rl r c~7 u r SOO'00-00'W C; 0.5111 SOO'000D "W 2.00 r: f rn m 390'00'00^E N90'00'00"W 9.00• 2.00' 6[ N00'00'00"E N00'00100 "E 'c 0 4.58' 2.00' pc g 890'00'00"E�� E 1.00' 390100'00"E 3001001001nllr ? 8� G 4.56• f E r 7.3500'00^E N90'00' 0-11 13 h of Ij •� POINT "B" A� G QT g soo•oo'oo "w 300.00'00"w i_._ c b 0.58' O.B. . 2.00' 3 'a I F�! R b b 890.00 0 390.00 -00° m o m 2.00 = a N 90'00'00' W N90 °00'00" 2.00'•mac +.ar.. _ ✓• .. 1625' ] — *o o0•oo"w NOO.00'00 "E . °Q 2.00' 800'00400 T 000' O e. 890'00'00 "E 2•�l �IOT iN UDED r 0 2.00' N90'OObO W q� .I l i� 118.90DO'00�T s�.�.�yY 2.00• ' !' \ >� 8001 NDO'00'00 E r r r� ILIMITiS'�P�ETMIL-ISPACE { { t� ; S � . III � I�R~ INDICATES LIMITS OF RETAIL SPACE ® INDICATES SERVICE CORRIDOR EASEMENT AREA REVISIONS DATE: 21113 1 -24-13 PER CITY'S COMMENTS F�ffi,, Helle r - Weaver and Sheremetal inc. D LE: W.ROLLE 2a 13 PERATiORNEYS's Engineers Surveyors and Mappers CHECKED BY: D. LAAK 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 3 OF 6 L.E. NO. 0003449 (561) 243 -8700 - Phone (561) 243 -8777 - Fax FILE N0. 11AAAA A 116AM2 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SURVEYOR'S CERTIFICATE THIS CERTIFICATE MADE THE 24th DAY OF JANUARY, 2013 BY THE UNDERSIGNED SURVEYOR IS MADE PURSUANT TO THE PROVISIONS OF SECTION 718.104 OF THE FLORIDA STATUES, AS AMENDED, AND IS A CERTIFICATION THAT SHEETS 1 THROUGH 9 ARE AN ACCURATE REPRESENTATION OF THE IMPROVEMENTS DESCRIBED THEREIN AND THAT THE CONSTRUCTION OF SAID IMPROVEMENTS IS SUBSTANTIALLY COMPLETE SO THAT SUCH MATERIAL, TOGETHER WITH THE WORDING IN THE DECLARATION OF RETAIL SPACE FOR OLD SCHOOL SQUARE GARAGE RETAIL NORTHEAST CODOMINIUM IS AN ACCURATE REPRESENTATION OF THE LOCATION AND DIMENSIONS OF THE IMPROVEMENTS DESCRIBED AND THAT THE IDENTIFICATION, LOCATION AND DIMENSIONS OF THE COMMON ELEMENTS AND EACH UNIT CAN BE DETERMINED FROM THESE MATERIALS HELLER- WEAVER AND SHEREMETA, INC. FLORIDA STATE L.B. NO. 3449 BY: DANIEL C. LAAK PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REG. NO. 5118 inc. 2 -0.2013 1-24-13-PER CITYSCOMMENTS ""-' Heller - Weaver and Sheremeta inc. SCALE: N!A 2.4- 13-PER ATTORNEYS'S �� 1 DRAW BY: W.ROLLE COMMENTS ' Engineers ... Surveyors 8110 Mappers CHECKED BY: D. LARK 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: a OF 8 L.B. NO. 00M0e (561) 243.8700 - Phone (561) 243 -8777 - Fax FILE NO. 1315396.115 -SS17 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE AIR CONDITIONING EASEMENT AREA (2ND FLOOR) 10' 5' 0 5' 10' GRAPHIC SCALE IN FEET N NORTH POINT OF COMMENCEMENT NORTHEAST CORNER OF TRACT 'A" OLD SCHOOL SQUARE PARKING — — — GARAGE AND PARK SITE (PLAT BOOK 111, PAGE 46) 0 o: 0 P.O.B. o I oo °I rn I 17.25' I S90 °00'00 "E 11.13' N 1 r N90 °00'00 "WJ w I - — — z W I 300'00100"W ti •° I 1.6i„)0 I c~n o EL. = 35.7' ro o W 390.00.00 "E Co I o Z 1 1.8T �� W I I AIR CONDITIONING EASEMENT AREA 3 - N90 °00'00"W 18.92' I POINT "A" o -o AIR CONDITIONING °o EASEMENT AREA 2 I °o S90 °00'00 "E Lo 9.00' POINT OF BEGINNING I I_ POINT OF BEGINNING I I 45.92 N90 °00'00 "W _.._ .._..— ..— .._.._.._.._..— .._.. —. _.._.. —.. _.. I 1 18.25' S00 °00100 "W I--- S00 °00100 1W 1 9.00' 390 °00'00 "E 4.92' II-- - - - - -- L _ _ J N90 °00'00"W 6 N00'00.00 "E - -1 — 1--- 300 °00100 "W \� N90'00'00 "W 9.00' L — _ _ J 9.00' 9.00' N90 °00'00 'W N00 °00'00 "E 18.2S' 9.00' AIR CONDITIONING EASEMENT AREA i R`CITYS� Heller - Weaver and Sheremeta inc. MDRAWNBY-. N/A 013 1- 24 -13�ER Clil"S COMMENTS 24.13- PERATTORNEYS'S fir- -I WAOLLE COMMENTS ;. Engineers ... S urveyors and Mappers D.LAAK 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 4 OF S LB. No y0003419 (561) 243 -8700 - Phone (561) 243 -8777 - Fax �3 -uaoa 111-.ccla OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE VERTICAL BOUNDARIES EL. = 39.2' 2ND FLOOR TOP OF PARAPET WALL EL. = 35.7' 2ND FLOOR AIR CONDITIONING l� �- � �I;t[•� UPPER LIMIT OF UP AND UPPER LIMITS , !■■■■■ ■■■■■' OF RETAIL SPACE ■■■■■ ■■■■■ FLOOR EL. = 16.2' (EAST SIDE) ob FLOOR EL. 17.9' (NORTH SIDE) EL. a 11.9' LOWER LIMIT OF UNIT AND LOWER LIMITS OF RETAIL SPACE VERTICAL BOUNDARIES N.T.S. ELEVATION OF STRUCTURAL BEAM SCHEDULE EL = 29.3' EL = 30.8' EL = 29.3' EL = 30.8' NOTE: 1) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 2) BENCH MARKS USED: PALM BEACH COUNTY BENCH MARK "D -32" ELEVATION 20.353' Heller. Weaver and Sheremeta inc. SCALE: N.T.S. 1- 24.13 PER CIT1"S COMIdENT - SCALE: N.T.S. 2 -0.13- PERATTORNEYS'S DRAWN BY: KROLLE COMMENTS = Engineers ... Surveyors and Mappers CHECKED BY: D.LAAK 310 5.E.1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 5 DF 8 LB. NO.`BOOB«9 (561) 243 -8700 - Phone (561) 243 -8777 - Fax FILE N0. 13. 15398.115 -SS14 EXHIBIT "B" FIGURES CONTAINED IN ANY BUDGET DELIVERED TO THE BUYER PREPARED IN CONNECTION WITH THIS CONTRACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE BUDGET BY THE SELLER. ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL OR ADVERSE CHANGES IN THIS CONTRACT. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REFERENCED HEREIN. CONTRACT FOR PURCHASE AND SALE OF OLD SCHOOL SQUARE GARAGE RETAIL AIRSPACE 1. PURCHASE AND SALE This Contract for Sale and Purchase of OLD SCHOOL SQUARE GARAGE RETAIL AIRSPACE, ( "Contract ") is made and entered into by and between CITY OF DELRAY BEACH, a Florida Municipal Corporation whose address is c/o City Attorney, 200 N. W. 1St Avenue, Delray Beach, Florida 33444 (561) 243 -7090 ( "Seller "), and THE LAW OFFICES KANNER & PINTALUGA, P.A., a Florida corporation ( "Buyer "). Purchase and Sale. Purchaser hereby agrees to purchase and Seller hereby agrees to sell and convey to Purchaser all of that certain parcel of real property being situated in Palm Beach County, Florida comprising a portion of the subsurface land and a portion of the airspace on and above a portion of the land ( "Unit "), together with easements for ingress, egress, and physical support for the improvement which has been developed within and adjacent to the airspace legal description, as more particularly set forth in the Declaration of Covenants, Easements and Restrictions for Old School Square ( "Declaration "), which shall be recorded in the Public Records of Palm Beach County, Florida prior to the conveyance of the Unit by the Seller to Buyer. The Unit is located in the airspace of the Old School Square Garage ( "Garage ") from just below the surface of the land upward to just below the underside of the second floor parldng slab, as more particularly described in the legal description of the Unit which is attached hereto and made a part hereof as Exhibit "1 ", and has a street address of Delray Beach, Palm Beach County ( "County "), Florida 33444. 2. DESCRIPTION OF PROPERTY 2.1 The Unit contains approximately ten thousand four hundred (10,400) gross square feet of space. There is no personal property included in this sale. 3. PURCHASE PRICE 3.1 Purchase Price of the Unit (a) Base Purchase Price, including $ 2,060,000.00 Easements, Licenses for Storage, Generator, A/C, and Garbage Disposal Areas (b) Parking Rights $ 440,000.00 "Total Purchase Price" of the Unit $ 2,500,000.00 3.2 Payment Schedule. Total Purchase Price of the Unit shall be payable as follows: (A) A deposit in the amount of Fifty Thousand and no /100ths Dollars ($50,000.00) paid to Escrow Agent upon Buyer's execution of this Contract $ 50,000.00 (B) Additional deposit to be made to Escrow Agent within 47 days after Effective Date $ 200,000.00 ( C) Balance of the Total Purchase Price of the Unit shall be due at closing ( "Final Payment "), subject to adjustments and proration and shall be paid in the form of a U. S. Bank wire transfer in United States funds $ 2,250,000.00 The foregoing sums deposited by Buyer hereunder are collectively referred to herein as the "Deposit". 3.3 This is a cash transaction with no contingencies for financing. 4. CLOSING, CLOSING EXPENSES AND OTHER EXPENSES 4.1 Closing Date and Possession. The "Closing" is the conveyance of the Unit to Buyer as evidenced by the delivery of the deed transferring title. The closing date ( "Closing Date ") shall be on or before thirty (30) days after the expiration of the Inspection Period which is defined in Section 13 of this Contract. Buyer shall close on such Closing date. Seller is authorized to postpone the date of the closing for not more than thirty (30) days at its discretion. Seller must, however, give Buyer at least five (5) days notice of the new Closing Date. Any new notice of Closing may be given by telefax, mail, or other means of written communication at Seller's option. An affidavit of one of Seller's employees or agents that such notice was given will be conclusive for purposes of proving that notice was given. All notices will be given to Buyer at the address or by use of the telefax number(s) specified in this Contract unless Seller has received written notice from Buyer of any change therein prior to the date notice of Closing is given. The fact that Buyer fails to receive the new Closing notice because Buyer has failed to advise Seller of any changes of address or phone number, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or for any other reason, shall not relieve Buyer of Buyer's obligation to close on the scheduled date, unless Seller otherwise agrees in writing to postpone the Closing Date. If Seller agrees in writing to reschedule the Closing Date at Buyer's request or because Buyer has failed to produce all corporate documents requested by Seller, or for any other reason (except for delay caused by Seller), Seller may impose a late charge equal to One Thousand One Hundred Dollars ($1,100.00) per day for every day from and after the original Closing Date through the date that the transaction closes, and prorations shall be as of the original Closing Date. Buyer agrees the late charge is appropriate in order to cover Seller's administrative and other expenses resulting from a delay in Closing. Seller is not required to agree to reschedule the Closing Date, but Seller may reschedule Closing in Seller's sole discretion. Buyer shall be in default of this Contract if Buyer fails to close as scheduled. Buyer shall be given possession of the Unit, subject to existing leases and parties presently in possession, at Closing after Final Payment is received. Until such time, Buyer shall not be entitled to possession of the Unit or store any property therein. The Closing shall take place at an office designated by Seller which is located in Palm Beach County, Florida. 4.2(i) Closing and Other Costs. On the Closing Date, Buyer shall pay the balance of the Total Purchase Price of the Unit, any and all sums due and owing sums under this Contract, and the following sums: (A) A prorated monthly Assessment payable to Seller, if Seller has prepaid the same, based upon the Unit's share of total costs of maintenance, repair and replacement of the Shared Facilities as described in the Declaration. Buyer understands and acknowledges that the Seller's Annual Budget for the Shared Facilities is only an estimate of what it presently costs to maintain, repair and replace the Shared Facilities. (B) The monthly Assessment, payable to the Seller for the Unit for the next monthly assessment period commencing after Closing, based upon the Unit's share of the total Assessment as described in the Declaration and determined by the Seller's Annual Budget. ( C) If Buyer executes a mortgage or other loan, Buyer shall be obligated to pay all mortgage or loan costs and expenses, including but not limited to, points, lender's origination fee, private mortgage insurance costs, intangible tax, documentary stamp tax, survey charge, credit report, recording charges, prepaid items such as taxes, insurance, interest and escrow, mortgagee's abstract of title insurance costs, mortgagee's attorneys' fees, and all sums deducted from the gross amount of the mortgage by the lender. This Contract is not contingent on Buyer obtaining a mortgage or any other financing. (D) A closing charge, payable to Seller, in a sum equal to one and three tenths percent (1.3 %) of the Total Purchase Price of the Unit, a portion of which will be used to pay the cost of recording the Special Warranty Deed, and a portion of Seller's legal and administrative expenses associated with the transaction. (E) Real estate taxes, Solid Waste Authority tax assessments, special tax assessments, and other proratable items shall be prorated as of the date of Closing. Ad valorem taxes are prorated from January through December 31 of the same calendar year. Non ad- valorem assessments are prorated from October 1 through September 30 of the following calendar year. Such taxes and assessments shall be prorated based on the current year's tax with allowance made for discount and exemptions. If Closing occurs on a date when the current year's millage is not fixed, and the current year's assessment is available, taxes shall be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes shall be prorated based on the prior year's tax. Any tax proration based on an estimate shall at the request of either Seller or Buyer be subsequently readjusted upon receipt of the current year's tax bill. (F) Expenses incurred and/or advanced by Seller, if any, with the written consent of the Buyer, on behalf of Buyer, and all other costs and expenses for which Buyer is obligated under this Contract or the Declaration. (G) Additional out -of- pocket costs incurred by Seller as the result of Buyer's failure to close on the Closing Date as scheduled herein, or in the manner contemplated in this Contract, including but not limited to a document re- preparation fee and additional reasonable costs associated with closing the transaction by mail. (H) Utility connection fees, impact fees, utility deposits, permit fees and any other additional costs imposed by governmental authority. (1) Documentary stamp taxes on the Deed. 4.2(ii) Seller shall pay the following closing costs: (A) All real estate broker's fees, including without limitation, broker's fees which are due pursuant to Seller's right of sale listing agreement with Broker as provided in paragraph (7) of this Contract. (B) Recording of the Deed. 4.3 Deposits. Any reference to Deposit or Deposits herein shall refer collectively to all amounts deposited with Escrow Agent under this Agreement and under any addendum or amendment hereto, except for any deposits or payments made by Buyer to Seller for options, extras and /or upgrades. All monies deposited under the terms of this Agreement, except for the balance due at Closing, may be made by check drawn on a Florida bank, subject to collection. All payments must be made in United States funds. 4.3.1 Buyer understands that Steven D. Rubin, Esq. ( "Escrow Agent'), whose address is 980 North Federal Highway, Suite 434, Boca Raton, Florida, and whose telephone number is (561) 391 -7992, will hold the Deposit in an escrow account (the "Escrow Account "), pursuant to the terms of this Agreement. Buyer may obtain a receipt for its Deposit from the Escrow Agent upon request. Unless Buyer is in default of this Contract, interest shall be paid to Buyer on the Deposit if it is deposited in an interest bearing account. Escrow Agent may deposit monies held in the Escrow Account in a savings or time deposit account at a bank or savings and loan association insured by an agency of the United States Government, with interest if any, paid to Buyer at Closing or to Seller if Seller is entitled to retain the Deposit as provided in this Contract. By signing this Agreement, Buyer expressly authorizes Escrow Agent to disburse Buyer's deposits held in the Escrow Account to Buyer's account at Closing, or to Seller upon Buyer's default. Escrow Agent shall not be responsible for any act or omission to act, unless occurring due to his sole gross negligence or willful malfeasance, and upon making delivery of the monies that Escrow Agent holds in accordance with the terms hereof, Escrow Agent shall have no further liability. 4.4 Closing Agent. Buyer acknowledges that Seller utilizes the services of Steven D. Rubin, Esq. ( "Closing Agent ") for this purchase and sale which services include, but are not limited to (i) pre - closing coordination with Seller, Buyer, Broker (defined below), Co- Broker, if any (defined below), Association, taxing authorities, and any applicable lender; (ii) preparation of the Special Warranty Deed and other closing documents; (iii) preparation of the closing statement; and (iv) conducting the Closing. The Closing Agent does not represent the Buyer as an attorney at law. The terms of this Paragraph 4 shall survive closing. 5. TITLE CONVEYANCE AND TITLE INSURANCE 5.1 Conveyance and Permitted Exceptions. Seller will convey to Buyer marketable and insurable title to the Property by Special Warranty Deed, subject only to the following "Permitted Exceptions ": encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey (unless such survey exception is removed by the title insurer upon certification of a survey meeting requirements for such removal); all applicable laws, zoning ordinances and regulations and other requirements imposed by governmental authorities; taxes for the year of closing and subsequent years, including taxes or assessments of any special taxing district; the Declaration, and all matters referenced in the Declaration and any supplements or amendments thereto; covenants, conditions, restrictions, limitations, reservations, and easements of record and matters shown or reflected on any recorded plat underlying the Unit as of the Closing Date (whether recorded by Seller, or any other person or entity), and any supplements and amendments thereto; any mortgage, construction loan and/or related security instruments executed by Buyer; any easements in connection with the providing of cable television services or utilities, or as may be required by the City of Delray Beach, Florida; any water, sewer or utility service agreement required by the City of Delray Beach, Florida; the Title Documents referenced in the Declaration; riparian and littoral rights of adjoining land owners; rights of the public, United States and Florida to the use of navigable water ways; and parties presently in possession under written leases, which the Buyer agrees to assume and perform, and for which the Buyer shall indemnify and hold Seller harmless from and after the Closing Date by instrument in form which is reasonably satisfactory to Seller's counsel. Buyer specifically gives authority to Seller to file and place among the Public Records of Palm Beach County, Florida all documents and instruments of any type or manner reasonably necessary to provide easements for ingress, egress, support, utilities and parking rights, provided the same shall not render title to the Unit unmarketable or prevent the use of the Unit as a law office. 5.2 Title Insurance. Within a reasonable time after Closing, Seller, at Seller's cost, shall furnish to Buyer a policy of owners' title insurance insuring that the recorded conveyance from Seller to Buyer has vested marketable title in Buyer subject to those matters set forth in this Contract; provided, however, that such policy will not insure title to any interest in personal property, riparian rights, littoral rights or sovereign rights. The owners' title insurance policy will be issued by a duly licensed title insurer of Seller's choosing. A commitment for the policy of title insurance will be furnished to Buyer at least seven (7) days prior to closing. Seller will pay the cost to record the Deed. 5.3 Defects, Title, Acceptance of Deed. Buyer shall have seven (7) days upon receipt of the title insurance commitment to review the same and report, in writing, any defects in title to Seller. In the event that any defects in title are timely reported to Seller, if necessary, the Closing Date shall be postponed and Seller shall make a good faith effort to cure such defects in title. If such defects in title are not cured within sixty (60) days after the date that the Buyer gives notice of such defects to the Seller, then Buyer shall either (i) accept title in its then existing condition, but without any reduction in the Total Purchase Price, or (ii) terminate this Contract. If this Contract is terminated under this paragraph, the Deposit shall be returned to Buyer and the Parties shall have no further rights or obligations hereunder. It is expressly agreed and understood that the Permitted Exceptions shall not be considered defects in title. It is further expressly agreed and understood that Seller shall not be obligated to expend funds in excess of $1,000.00 or to bring any lawsuits for the purpose of curing any defects in title. Buyer's acceptance of the aforementioned Special Warranty Deed shall be deemed to be full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Contract, except those which are herein specifically deemed to survive the Closing or which survive by operation of law. The terms of this Paragraph 5 shall survive Closing. 6. CONSTRUCTION OF THE UNIT 6.1 Buyer Acknowledgments. Buyer acknowledges and agrees that Buyer has not relied upon any statements, verbal or written, published by or under the authority of Seller in advertising and promotional matter, including but not limited to newspaper, radio or television advertisements, but has based the decision solely to purchase solely upon Buyer's personal investigation and observation, and the other documents provided herewith. 6.2.1 Build -Out of Unit. The Unit is substantially complete as of the Effective Date of this Agreement. The Unit consists of partially unfinished space. Buyer shall, after the Closing Date, but at such time as it shall determine, at its sole cost and expense, furnish, construct, install, and improve the Unit for Buyer's intended office use with the plans and specifications (the "Build- Out "). The Build -Out may include, without limitation: (a) Interior walls, partitions and wall coverings of the Unit. (b) The ceiling and all ceiling coverings of the Unit; and (c) Any utility connections, electrical, plumbing, heating and air conditioning wires, conduits, pipes and fixtures, vents, generator, air conditioning and heating systems, and garbage disposal area and containers. 6.3 No Warranties. SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, INTENDED USE, WORKMANSHIP OR CONSTRUCTION RESPECTING THE UNIT, OR RELATED TO INGRESS, EGRESS AND SUPPORT OF THE UNIT, AND ALL FIXTURES OR ITEMS OF PERSONAL PROPERTY SOLD PURSUANT TO THIS AGREEMENT, OR ANY OTHER REAL OR PERSONAL PROPERTY WHATSOEVER CONVEYED HEREBY, OR LOCATED WITHIN THE UNIT WHETHER ARISING FROM THIS AGREEMENT, USAGE, TRADE, IMPOSED BY STATUTE, COURSE OF DEALING, CASE LAW, OR OTHERWISE SELLER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RESPECTING ANY DISCLAIMED WARRANTY, WHETHER SUCH DAMAGES ARE COMPENSATORY, GENERAL, SPECIAL, DIRECT, INDIRECT, SECONDARY, INCIDENTAL OR CONSEQUENTIAL. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. SELLER GIVES NO EXPRESS WARRANTY ON THOSE ITEMS DEFINED AS "CONSUMER PRODUCTS" BY THE MAGNUSON- MOSS WARRANTY ACT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SELLER DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR (I) DAMAGE DUE TO OR MADE WORSE BY BUYER'S NEGLECT, MISUSE, ABNORMAL USE, IMPROPER UNIT MAINTENANCE AND /OR PREVENTATIVE MAINTENANCE; (In DAMAGE DUE TO ORDINARY WEAR AND TEAR; (III) LOSS OR INJURY CAUSED IN ANY WAY BY THE ELEMENTS; (IV) IRREGULARITIES AND CONDITIONS RESULTING FROM OR THAT ARE CHARACTERISTIC OF AND COMMON TO THE MATERIALS USED; (V) CONDITIONS RESULTING FROM CONDENSATION ON, OR THE EXPANSION OR CONTRACTION OF MATERIALS; (VI) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING FROM A BREACH OF THIS OR ANY WARRANTY; AND (VII) ANY DISCOLORATION TO ANY PROPERTY THAT MAY BE CAUSED BY WATER WITHIN THE UNIT OR BUILDING. NORMAL SWELLING, EXPANSION AND CONTRACTION OF MATERIALS AND CONSTRUCTION, AND ANY CRACKS APPEARING AS A RESULT THEREOF OR AS A RESULT OF SETTLEMENT OF, IN OR ON THE UNIT SHALL NOT BE DEEMED TO BE CONSTRUCTION DEFECTS. UPON CLOSING, SELLER SHALL DELIVER TO BUYER ALL MANUFACTURERS' WARRANTIES, IF ANY. BUYER ACKNOWLEDGES THAT IT IS NOT A "CONSUMER" AS DEFINED UNDER ANY APPLICABLE CONSUMER PROTECTION LAW AND SELLER DOES NOT ADOPT OR ASSUME LIABILITY FOR ANY MANUFACTURER'S WARRANTY. THE UNIT IS SOLD "AS IS, WHERE IS ". Except as otherwise provided in this Agreement, the Seller does not make any warranty or representation regarding the title to the Unit except as to any warranties which will be contained in the Deed and in the other instruments to be delivered by Seller at Closing in accordance with this Agreement, and Seller does not make any representation or warranty either expressed or implied regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Unit or the Garage, as defined in the Declaration. The Buyer specifically acknowledges and agrees that the Seller shall sell and Buyer shall purchase the Unit on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, or its respective agents, officers, or employees, as to any matters concerning the Unit, the Garage or related real property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Unit,(2) the quality, nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Unit, (4) the development potential, income potential, expenses of the Unit, (5) the Unit's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Unit for any particular use or purpose, (7) the zoning or other legal status of the Unit, (8) the compliance of the Unit or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Unit or adjoining or neighboring property, (10) the freedom of the Unit from latent or apparent defects, (11) peaceable possession of the Unit, (12) environmental matters of any kind or nature whatsoever relating to the Unit, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Unit or any improvements located near, adjacent to, or thereon. Seller shall have no obligation to repair, replace, or remediate the Unit, or any portion thereof, Buyer understands that the Unit is sold and conveyed "AS IS." As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste ", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 6.4 Closing Inspection. In addition to the inspections permitted during the Inspection Period as defined in Section 13 of this Contract, prior to making the Final Payment and at a reasonable time established by Seller, Seller shall accompany Buyer on a personal inspection of the Unit also known as a "Final Walk- Through Inspection ", for the purpose of orienting Buyer with Buyer's Unit and, if necessary, to confirm the condition of the Unit as represented herein. Seller shall be obligated to correct such items that do not conform to the condition of the Unit as represented by this Contract within a reasonable period of time after the Walk - Through Inspection. Seller's obligation to correct such items shall not be a ground for postponing the Final Payment or Closing Date, nor for the imposition of any condition upon the Final Payment. Failure to make the Final Walk - Through Inspection at the time established by Seller shall not delay the Final Payment or Closing Date and shall be deemed a waiver of Buyer's right to inspect the Unit and correction of the above described deficiencies. 6.5 Final Payment. The making of the Final Payment by Buyer shall constitute acceptance of the Unit "AS IS" and a waiver of any and all claims against Seller for any defects in the Unit or Garage. 6.6 Damage to Unit. If between the date of this Agreement and the Closing the Unit is damaged by fire, natural disaster, acts of terrorism or other casualty, the following shall apply: 6.6.1 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty until the Closing is assumed by Seller, but without any obligation by Seller to repair or replace the Unit except that if Seller elects to repair or replace such loss or damage to the Unit this Agreement shall continue in full force and effect and Buyer shall not have the right to reject title or receive a credit against or abatement of the Total Purchase Price. If Seller elects to repair or replace such loss or damage, Seller shall be entitled to a reasonable period of time within which to complete such repairs or replacement. Any proceeds received from insurance or in satisfaction of any claim or action in connection with such loss or damage shall belong entirely to Seller. If such proceeds shall be paid to Buyer, Buyer agrees that such funds are the property of Seller and Buyer shall promptly upon receipt thereof turn the same over to Seller. 6.6.2 If Seller notifies Buyer that Seller does not elect to repair or replace any such loss or damage to the Unit then this Agreement shall be deemed cancelled and of no further force or effect. Seller shall refund to Buyer all monies deposited hereunder whereupon the parties shall be released and discharged of all claims and obligations hereunder, except that if Buyer is then otherwise in default hereunder, Seller shall retain the Deposit as and for agreed upon liquidated damages. 6.6.3 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty from and after Closing is assumed by Buyer. Buyer should be aware that the Unit and Garage however well constructed, may be subject to damage or destruction by naturally occurring events such as hurricanes and sinkholes. While Seller has no knowledge of sinkholes or naturally occurring gases such as radon in the immediate vicinity of the Garage all risks associated with all natural occurrences shall be borne by Buyer from and after Closing. 7. Real Estate Brokers. Listing and Cooperating Brokers, if any, named below (collectively, `Broker "), are the only Brokers entitled to compensation in connection with this Contract. Jim Knight Cooperating Sales Associate, if any The Knight Grou Cooperating Broker, if any (single agent) Ingrid Kennemer Listing Sales Associates Coastal Commercial Group, LLC Listing Broker (single agent) Seller shall pay a total of six percent (6 %) commission to Listing Broker per Listing Agreement, and Cooperating Broker shall be paid a three percent (3 %) commission (fifty percent (50 %) of the total commission) by Listing Broker. The terms of this Paragraph 7 shall survive Closing and /or the termination of this Contract. 8. DEFAULT 8.1 Default by Seller. In the event Seller fails to perform any of Seller's obligations or covenants under this Contract, through no fault of Buyer, and Buyer is not in default, Seller shall have fifteen (15) days from the date written notice of breach is received by Seller from Buyer within which to cure such breach. If Seller fails to cure same within fifteen (15) days or, with respect to any matter which cannot reasonably be cured within fifteen (15) days, Seller fails to commence to cure within fifteen (15) days, Buyer may (i) have the Deposit, together with any interest earned thereon, returned to Buyer if such default occurs prior to Closing, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder; or (ii) pursue an action for specific performance. 8.2 Default by Buyer. If Buyer fails to perform any one or more of Buyer's obligations under this Contract, including but not limited to Buyer's obligation to Close, then Seller shall have the right to either (i) retain the Deposit together with any interest earned thereon, together with any other funds paid by Buyer to Seller hereunder in consideration for the execution of this Contract as liquidated damages, in full settlement of any claims under this Contract, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder, or (ii) seek any remedies available in equity, including but not limited to specific performance. Notwithstanding the foregoing to the contrary, Buyer shall be provided written notice by Seller of its failure to perform under the Contract and shall have fifteen (15) days from the date such written notice is received by Buyer in which to perform and, thereafter if Buyer fails to perform same within fifteen (15) days with respect to any matter, except a failure of its obligation to Close, which performance cannot reasonably be cured within fifteen (15) days, Buyer fails to commence to perform within fifteen (15) days, then the Seller shall have such remedies as set forth above in this Paragraph 8.2. If, subsequent to Closing, Buyer fails to perform any one or more of its obligations that survive Closing under this Contract, then Seller shall have the right to seek, after the foregoing notice and opportunity to cure such failure to perform, any remedy available at law or equity. 9. FEES Buyer shall pay for all water, telephone, cable television, sewer, gas, and electric deposit fees, including without limitation, water meter deposits, for the Unit, to place such accounts in Buyer's name. 10. EFFECTIVE DATE The Effective Date of this Contract, for purposes of performance, shall be regarded as the date when the last one of Seller and Buyer has signed this Contract. 11. MISCELLANEOUS 11.1 All of the provisions set forth in this Paragraph 11 and all the representations, duties and obligations of Buyer pursuant to this Contract shall survive Closing. 11.2 Contract Documents, Entire AUeement and Amendments. This Contract shall consist of this Contract document, all modifications, change orders, and written interpretations of the Contract documents issued by Seller, Specifications, Exhibits, and all addenda executed by both parties subsequent to the execution of this Contract. This Contract supersedes any and all understandings and agreements between the Parties hereto whether oral or written, and this Contract represents the entire agreement between the Parties hereto with respect to the subject matter hereof. No representations or inducements made prior hereto which are not included and embodied in this Contract shall be of any force and effect, including but not limited to any brochure, advertising representation, illustrations or materials, or oral statements of Seller or Broker, and all such representations, statements and agreements are null and void and shall have no effect. This Contract may be amended, altered or modified only by a written agreement executed by the Parties. 11.3 Conflicting Terms. hi the event of conflict, typewritten provisions will control over printed form language, and handwritten provisions will control over both typewritten and printed form language. 11.4 Gender and Number. All terms and words used in this Contract, regardless of the number and gender used, shall be deemed to include any other gender or number as the context or use thereof may require or permit. 11.5 Governing Law and Venue. Buyer certifies that Buyer is executing this Contract while in the State of Florida of Buyer's own volition and that this purchase was not solicited either by telephone or mail in another state. This Contract shall be construed under and interpreted according to the laws of the State of Florida, and venue with respect to any litigation arising hereunder shall be Palm Beach County, Florida. 11.6 Radon Gas. Pursuant to Section 404.056(6), Florida Statutes, Buyer is hereby notified as follows: RADON GAS: Radon is a 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. 11.7 Intentionally omitted. 11.8 Attorneys' Fees and Costs. In connection with any litigation or dispute arising out of this Contract, each party shall bear its own attorney's fees and costs. 11.9 Delinquent Payment. If Buyer is delinquent in the payment of any sums due under this Contract, including without limitation the Deposit, and Seller has not elected to hold Buyer in default under this Contract or impose the daily administrative late fee, then Buyer shall pay to Seller interest (commencing as of the date that the delinquent sum becomes due) on all delinquent sums at a rate of 18% per annum, or at the then highest rate allowed by law, whichever is less, and the prorations for taxes, assessment charges, and other proratable items shall be calculated based on the herein scheduled Closing Date rather than the actual date of Closing. 11.10 Recording. Buyer shall not record this Contract nor any notice thereof in the Public Records of Palm Beach County, Florida, or in any other Public Records. Such recording shall constitute a material breach hereof by Buyer. 11.11 Notices. Except as otherwise provided in Paragraph 4.1 of this Contract, all notices and other communications required or permitted to be given under or in connection with this Contract shall be in writing, and shall be deemed given to Buyer when hand delivered to Buyer (which includes but is not limited to delivery by courier or Federal Express), or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Buyer at Buyer's mailing address as set forth in this Contract, and shall be deemed given to Seller when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Seller at its address set forth in this Contract, or to such other address as either Seller or Buyer shall designate by notice in accordance with this Subparagraph. 11.12 Captions. The captions contained herein are included solely for the convenience of the Parties and do not, in any way, modify, amplify or give full notice of any of the terms, covenants, or conditions of this Contract. 11.13 Waiver. Seller's waiver of any condition or provision of this Contract shall not be construed as a waiver of any other application of that same condition or provision, nor as a waiver of any other condition or provision herein. 11.14 Interpretation. This Contract shall be construed and interpreted in accordance with Florida law and shall not be more strictly construed against one Party, than against the other by virtue of the fact that it may have been physically prepared by one Party or by its attorneys, both Parties (and their respective attorneys, where applicable) having participated in the negotiation of this Contract. 11.15 Time of Essence. Time is of the essence with respect to Buyer's performance hereunder, except where otherwise specifically provided for herein. Any reference in this Agreement to the time periods of less that six (6) days, shall in the computation thereof, exclude Saturdays, Sundays and legal holidays. Any reference in the Agreement to time periods of six (6) days or more shall, in the computation thereof, include Saturday, Sundays and legal holidays. If the last day of any such period is a Saturday, Sunday or legal holiday, the period shall be extended to 5:00 P.M. on the next full business day. 11.16 Successors and Assigns. This Contract shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the Parties hereto. This Contract may not be assigned by Buyer. 11.17 Partial Invalidity. In the event any term or provision of this Contract is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning, or be construed as deleted as such authority determines, and the remainder of this Contract shall be construed to be in full force and effect. 11.18 Countemarts. This Contract maybe executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. 11.19 Further Assurances. The Parties agree to execute all future instruments and take all further action that may be reasonably required by any Party to fully effectuate the terms and provisions of this Contract and the transactions contemplated herein. 11.20 Total Purchase Price and Additional Tax. Notwithstanding anything herein to the contrary, the Total Purchase Price of the Unit is established and agreed upon by Seller and Buyer based upon all taxes in existence at the time of execution. All newly created taxes, or any increase in taxes, beyond the control of Seller, shall be Buyer's responsibility and shall be passed directly on to the Buyer. Taxes include but are not limited to taxes imposed pursuant to Chapter 212, Florida Statutes, as amended. The terms of this Subparagraph 11.20 shall survive Closing. 11.21 Seller's Easements. Buyer grants authority to Seller to file and place among the Public Records of Palm Beach County, Florida, all documents and papers reasonably required to be filed in order to create easements, licenses, and agreements reasonably necessary for the conveyance of the Unit to Buyer which have been approved in writing by the Buyer during the Inspection Period. Buyer acknowledges that Seller shall be placing of record the Declaration and Buyer's title shall be subject to such covenants, restrictions and easements. 11.22 Telefaxed Signatures. Signatures may be given via telefax transmission and shall be deemed given as of the date and time of the transmission of this Agreement by telefax to the other party. 11.23 Additional Changes. No changes to this Contract are binding or effective unless the party to be charged has accepted the change in writing. 11.24 Not Binding. This Agreement shall not be binding on Seller until executed by the Mayor of the City of Delray Beach, Florida. 11.25 The Seller and Buyer shall comply with the Florida Investment in Real Property Tax Act. 11.26 SELLER'S GOVERNMENTAL FUNCTIONS. Notwithstanding anything to the contrary contained in this Agreement: a. Even though the City has certain contractual obligations under this Agreement such obligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances. b. To- the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights. C. The City has not waived its sovereign immunity and the limits of tort liability set forth in F. S. § 768.28 (5)(2008) of $100,000.00 per person and $200,000.00 per occurrence shall apply; and d. Any action by City shall be without prejudice to, and shall not constitute a limit or impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi - governmental functions. 11.27 Leases. Seller shall, within the Inspection Period, furnish to Buyer copies of all written leases and estoppel letters from the tenants specifying nature and duration of tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant, and income and expense statements for preceding twelve (12) months. If Seller is unable to obtain estoppel letters from tenant(s), 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 tenant(s) to confirm such information. Seller shall, at Closing, deliver and assign all original leases to Buyer who shall assume Seller's obligations thereunder. 11.28 Time for Acceptance of Offer and Counter - Offers. If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before thirty (3 0) days after the date of this offer, this offer shall be deemed withdrawn and the Deposit, if any, will be returned to Buyer. Unless otherwise stated, time for acceptance of any counter -offers shall be within five (5) days after the day the counter -offer is delivered. 11.29 Survey. Buyer may have the Unit surveyed, at Buyer's expense during the Inspection Period. Unless Buyer cancels the Contract as permitted in Section 13 of this Contract, Buyer shall take title subject to all matters shown on the survey, and Seller shall have no obligation to remedy any survey matters shown on the survey. 12. IMPORTANT ADDITIONAL DISCLOSURES 12.1 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 12.2 Seller hereby discloses and Buyer hereby acknowledges that the lower horizontal boundary limit of the Unit lies approximately three (3) feet below the existing surface of the floor of the Unit and the upper horizontal boundary limit lies approximately six (6) inches below the existing pipes and other conduit which are located underneath the second level floor slab of the Garage. Notwithstanding anything to the contrary contained in this Contract, the Declaration, or any other Title Document or the common law, the Buyer, shall not have any other air rights or subsurface rights in connection with or arising out of the ownership, management, or operation of the Unit which are not expressly contained in the Declaration. Such other air rights and subsurface rights have been expressly retained by the Seller. This paragraph shall survive closing. 13. Conditions Prior to Closing 13.1 Buyer's Inspections and Due Diligence. Buyer shall, within sixty (60) days from the Effective Date ( "Inspection Period ") determine: (a) whether or not the Unit is satisfactory for Buyer's purposes, (b) whether or not the Unit has adequate services available; (c) that all federal, state, county and local laws, rules and regulations have been and are currently being complied with relative to the Unit; and (d) whether to accept all matters which may be shown by a survey of the Unit. During the Inspection Period, it shall be the responsibility of the Buyer to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the Unit. Furthermore, it shall be the responsibility of the Buyer to determine whether or not the existing zoning classification of the Unit will permit Buyer to construct, develop and utilize the Unit as a law office. At all times during the Inspection Period, Buyer and its agents shall be provided with reasonable access during normal business hours to the Unit for purposes of on -site inspections. The scope of the inspections shall be determined by the Buyer as deemed appropriate under the circumstances, and may include, at Buyer's option, an environmental audit. In the event that any inspections and any review of documents conducted by the Buyer relative to the Unit during the Inspection Period prove unsatisfactory to the Buyer, in its sole discretion, the Buyer shall be entitled to cancel this Agreement by providing written notice of cancellation to Seller prior to 5:00 p.m. Florida time on that date which is the second business day next following the expiration of the Inspection Period. If the Buyer timely cancels this Agreement, Buyer shall receive a prompt refund of the Deposit plus interest earned thereon. The failure of Buyer to timely notify the Seller of Buyer's cancellation of this Agreement shall constitute its waiver of its right to cancel based upon this Section 13.1, time being of the essence. Buyer does hereby agree to hold Seller harmless with respect to all inspection activities Buyer conducts on the real property and Buyer's review of any and all documents. Buyer shall indemnify and hold harmless the Seller and its members, agents, employees, officers, commissioners, and directors from and against any and all claims, liabilities, injuries, liens, costs, damages, losses, and expenses, including but not limited to, attorney's fees, arising out of or resulting from Buyer's inspection activities and document review. The Buyer's indemnification obligation shall survive cancellation or Closing of this Agreement. Upon written request of Buyer during the Inspection Period, Seller shall provide to Buyer (or provide reasonable access) to any plans and specifications surveys, and studies it may have in its possession or control relating to the real property. Buyer's right to inspect and enter onto the real property during the Inspection Period is expressly conditioned upon Buyer's covenant to protect the Seller from the filing of any liens against the real property. In the event that any claims of lien are filed against the real property as a result of labor or services performed or materials furnished to the real property which are requested or ordered by Buyer, the Buyer shall either pay the sum claimed by the lienor or bond such claim of lien in the manner permitted by law within five (5) business days after Buyer receives written notice of the existence of the lien. This Buyer obligation shall survive cancellation of this Agreement. From the Effective Date through Closing Date, Seller shall maintain the Unit in its AS IS condition, reasonable wear and tear accepted. Buyer, at its sole cost and expense, shall return the condition of the real property to the condition which existed at the time of the Effective Date of this Agreement at the conclusion of any inspections it performs. This obligation shall survive the cancellation of this Agreement. Notwithstanding anything in the contrary contained in this Contract which entitled Buyer to receive the return of its Deposit, the Seller shall be entitled to retain the Deposit, or portion thereof, in the event and to the extent Buyer fails to comply with its indemnification and restoration obligations contained in this Section of the Contract. 13.2 Intentionally omitted. 13.3 Governing Documents. During the Inspection Period, Seller and Buyer shall negotiate the terms, covenants, conditions, and other requirements contained in the Declaration and other instruments which are necessary to define the Buyer's use rights in the real property, including license and easement agreements with respect to appurtenances to the Unit, such as parking spaces, storage areas, air conditioning and heating areas, venting, and garbage collection area. Prior to the expiration of the Inspection Period, Seller and Buyer shall enter into the required license and easement agreements, and agree to the form and substance of the Declaration, proposed operating budget for the Garage. The form and substance of each of the above described documents shall be satisfactory to the Seller's and Buyer's counsel, respectively, in their sole and absolute discretion. In the event Seller and Buyer fail to agree upon the form and substance of the aforedescribed documents before the expiration of the Inspection Period, then either Seller or Buyer may cancel this Contract by delivering to the other party written notice of cancellation within fourteen (14) calendar days after the expiration of the Inspection Period, whereupon the Deposit and accrued interest, if any, shall be promptly be paid to Buyer. Notwithstanding anything to the contrary in this Section 13.3, Buyer acknowledges that the Unit is located within the Seller's public parking garage and that the upper boundary limit of the Unit also serves as the second floor of the Garage on and upon which there will be public vehicular and pedestrian access and traffic. Buyer agrees that, at minimum, the following use restrictions will be included in the Declaration. 1. Buyer's use of the Unit shall be restricted to any use permitted by the applicable zoning code and occupancy regulations imposed by governmental authority, unless otherwise agreed upon by Buyer and Seller. However, Seller makes no representation or warranty that the Unit can be utilized in the manner which is contemplated by Buyer and such use shall be subject to all applicable governmental rules, laws, regulations and ordinances. 2. The times of operation of the Buyer's business and deliveries to the Unit shall be regulated to protect the peaceful and quiet enjoyment of adjoining property owners, consistent with applicable governmental rules, laws, ordinances, and regulations. 3. Intentionally omitted. 4. Buyer shall have no right to use the name "Old School Square" except to identify the physical street address of the Unit. 5. Buyer's use of and activities in the Unit and Garage shall not, directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. 6. Buyer to be provided with the permanent right to twenty (20) assigned parking spaces and thirty (30) parking passes in the Garage, such rights to run with the land and be incorporated with the ownership of the Unit. 13.4 This Contract is contingent upon the Seller's determination during the Inspection Period, through the opinion of Seller's bond counsel, that the covenants, terms, conditions, and responsibilities contained in this Contract and the documents referenced in Section 13.3 of this Contract, shall not cause, either directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. In the event Seller determines that any of the aforedescribed agreed upon conditions, restrictions, covenants, responsibilities or obligations will, directly or indirectly, the bonds to lose their exemption or qualified status, then Seller, at Seller's option, may cancel this Contact during the Inspection Period by delivering to Buyer written notice of cancellation. 14. Buyer represents the it has the authority to enter into this Agreement, and the financial ability to close this transaction in accordance with its terms, and it has been properly organized and is in good standing as a Florida corporation. 15. Seller agrees to cooperate should Buyer elect to purchase the Unit as part of a like -kind exchange under IRC Section 1031. Buyer's contemplated exchange shall not impose upon Seller any additional liability or financial obligation, and Buyer agrees to hold Seller harmless from any liability that might arise from such exchange. This Agreement shall not be subject to or contingent upon Buyer's ability to effectuate the exchange. In the event any exchange contemplated by Buyer should fail to occur, for whatever reason, the Contract shall nonetheless be consummated as provided herein. 16. Any notice, request, demand, instruction or other communication to be given to either party hereunder, except where required to be delivered at the Closing, shall be copied as set forth below: Seller: R. Brian Shutt, Esq. City Attorney City of Delray Beach 200 N. W. 1St Avenue Delray Beach, Florida 33444 Telephone: (561) 243 -7091 Facsimile: (561) 278 -4755 With a copy to: Steven D. Rubin, Esq. 980 North Federal Highway, Suite 434 Boca Raton, Florida 33432 Telephone: (561) 391 -7992 Facsimile: (561) 347 -0828 e -mail: rubinlawflorida.com Buyer's Counsel: Jane C. Rankin, Esq. Kubicki Draper One East Broward Boulevard, Suite 1600 Fort Lauderdale, Florida 33301 Telephone: (954) 768 -0011 Facsimile: (954) 768 -0111 IN WITNESS WHEREOF, the Parties have executed this Contract on the dates set forth under their respective signatures. SELLER: Witness Witness BUYER: Witness CITY OF DELRAY BEACH, Florida Municipal Corporation M Address: 200 N. W. I" Avenue Delray Beach, Florida 33444 (561) Date: The Law Offices of Kanner Pantaluga, P.A., a Florida Corporation Address: 101 Pugliese Way, 1St Floor Delray Beach, FL 33444 Fax: 561- Witness BY: Date: RESOLUTION NO. 09 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at the S.W. corner of Pineapple Grove Way and Northeast 1St Street; and WHEREAS, the Buyer hereinafter named desires to buy the property for public purposes hereinafter described from the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. 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, Florida, as Seller, hereby agrees to sell to S &F Acquisitions, Inc. a related entity of Schmier & Feurring Properties, Inc., as Buyer, interior space on the first floor of the Old School Square Parking Garage, for the purchase price of Two Million Five Hundred Thousand and 00 /100 Dollars ($2,500,000.00), and other good and valuable consideration; said property being more particularly described as follows: See Exhibit "A" Section 2. 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 Buyer as hereinabove named are incorporated herein as Exhibit `B ". ATTEST: City Clerk PASSED AND ADOPTED in regular session on the day of , 2013. MAYOR EXHIBIT "A" OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SURVEY, PLOT PLAN AND GRAPHIC DESCRIPTION OF IMPROVEMENTS LOCATION MAP SECTION 16, TOWNSHIP 46S, RANGE 43E, N.T.S. TABLE OF CONTENTS: REAL PROPERTY DESCRIPTION .............. SHEET 2 SKETCH OF SURVEY AND PLOT PLAN .............. SHEET 3 VERTICAL BOUNDARIES .............. SHEET 4 AIR CONDITIONING EASEMENT AREAS (2ND FLOOR) .............. SHEET 5 SKETCH OF AIR CONDITIONING EASEMENT AREAS (2ND FLOOR) .............. SHEET 6 SURVEYOR'S NOTES .............. SHEET 7 SURVEYOR'S CERTIFICATE .............. SHEET 8 1- 24.13 PER GTY S COMMENTS_ ' > _ Heller. Weaver and Sheremeta I inc. =' -r '` I _ ! "`f = = Engineers ... Surveyors and Mappers _ s �� x� !.. — V. _- _- 310 S.E.1 st Street, Suite 5 Delray Beach, Florida 33483 L.B. NO.'DOU3"9 (561) 243 -8700 - Phone (561) 243 -8777 - Fax SCALE: WA�7J 24- 13-PER ATTORNEY'S DRAWN BY: MROLLE COMMENTS CHECKED BY: D. LARK SHEET: 1 OF 8 FILE NO. 13.15396.115 -SS10 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE AIR CONDITIONING EASEMENT AREA (2ND FLOOR) DESCRIPTION: I AIR CONDITIONING EASEMENT AREAS (2ND FLOOR) THAT PORTION OF REAL PROPERTY LYING ABOVE THE FINISHED FLOOR OF THE SECOND FLOOR GARAGE PARKING AREA HAVING AN APPROXIMATE ELEVATION OF 35.7, NATIONAL GEODETIC VERTICAL DATUM (NGVD) 1929 AND BELOW THE TOP OF THE PARAPET WALL OF THE SECOND FLOOR GARAGE AREA HAVING AN APPROXIMATE ELEVATION OF 39.2, NATIONAL GEODETIC VERTICAL DATUM (NGVD) 1929 LYING WITHIN A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 111, AT PAGE 46, AS RECORD IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: EASEMENT AREA 1 COMMENCE AT THE NORTHEAST CORNER OF TRACT "A", OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 °0900 "W ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 20.77 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID TRACT "A" N90 °00'00 "W FOR A DISTANCE OF 11.13 FEET; THENCE S00 °00'00 "W FOR 51.08 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT "A "; THENCE CONTINUE S00 "00'00 "W FOR 4.92 FEET; THENCE N90 °00'00 "W FOR 1.67 FEET TO THE POINT OF BEGINNING; THENCE S00 "00'00 "W FOR 9.00 FEET; THENCE N90 "00'00 "W FOR 16.25 FEET; THENCE N00 °00'00 "E FOR 9.00 FEET; THENCE S90 °00'0 "E FOR 16.25 FEET TO THE POINT OF BEGINNING. TOGETHER WITH EASEMENT AREA 2 COMMENCE AT THE AFOREMENTIONED POINT "A "; THENCE N90 °00'00 "W FOR 45.92 FEET TO THE POINT OF BEGINNING; THENCE S00 "00'00 "W FOR 9.00 FEET; THENCE N90 "00'00 "W FOR 9.00 FEET; THENCE N00 °00'00 "E FOR 9.00 FEET; THENCE S90 "00'00 "E FOR 9.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH EASEMENT AREA 3 COMMENCE AT THE NORTHEAST CORNER OF TRACT "A", OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 °00'00 "W ALONG THE EAST LINE OF SAID TRACT FOR A DISTANCE OF 20.77 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID TRACT "A" N90 °0900 "W FOR A DISTANCE OF 11.13 FEET TO THE POINT OF BEGINNING, THENCE S00 °00'00 "W FOR 15.66 FEET; THENCE N90 °00'00 "W FOR 18.92 FEET; THENCE N00 "00'00 "E FOR 17.33 FEET; THENCE S90 "00'00 "E FOR 17.25 FEET;THENCE S00 "00'00 "W FOR 1.67 FEET; THENCE S90 "00'00 "E FOR 1.67 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTE: VERTICAL ELEVATIONS ARE REFERENCED TO THE NATIONAL GEODATIC VERTICAL DATUM OF 1929 (NGVD 1929) rt`CITYSC �. _ Heller - Weaver and Sheremeta, inc, SCALE: N/A2U13 1- 24- 13-PER CITY'S COMMENTS _ z_ _..,. _ 24- 13-PER ATTORNEYS'S�t DRAWN BY: W.ROLLE COMMENTS , °•., +. :,__L. Engineers ... Surveyors and Mappers CHECKED BY. D.LAAK 31 D S.E. 1st Street, Sufte 5 Delray Beach, Florida 33483 SHEET: 6 OF 8 L.B. NO. OW340 (561) 243 -8700 - Phone (561) 243 -8777 - Fax FILE NO. 13- 15396,115•SS15 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE REAL PROPERTY DESCRIPTION A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE (PLAT BOOK 111, PAGE 46) BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA REAL PROPERTY DESCRIPTION: THAT PORTION OF REAL PROPERTY LYING ABOVE A VERTICAL ELEVATION OF 11.9 FEET, NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 1929) AND BELOW A VERTICAL ELEVATION OF 30.6 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 1929) LYING WITHIN A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT "A", OLD SCHOOL SQUARE PARKING GARAGE AND PARK SITE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00 °00'00 "W ALONG THE EAST LINE OF SAID TRACT "A" FOR A DISTANCE OF 20.77 FEET; THENCE DEPARTING FROM THE EAST LINE OF SAID TRACT " A" N90 "00'00 "W FOR A DISTANCE OF 10.97 FEET TO THE POINT OF BEGINNING; THENCE S00 °00'00 "E FOR 59.50 FEET; THENCE N90 °00'00 "W FOR 1.83 FEET TO A POINT TO BE KNOWN HEREINAFTER AS POINT "A "; THENCE S00 "00'00 "W FOR 2.00 FEET; THENCE S90 "00'00 "E FOR 1.83 FEET; THENCE S00 "00'00 "W FOR 59.00 FEET; THENCE N90 °00'00 "W FOR 1.83 FEET TO A POINT TO BE KNOW HEREINAFTER AS POINT "B'; THENCE S00 °00'00 "W FOR 2.00 FEET; THENCE S90 °00'00 "E FOR 1.83 FEET; THENCE S00 "00'00 "W FOR 16.75 FEET; THENCE N90 °00'00 "W FOR 55.42 FEET; THENCE N00 "00'00 "E FOR 2.75 FEET; THENCE 890 "00'00 "E FOR 0.33 FEET; THENCE N00 °00'00 "E FOR 14.58 FEET; THENCE S90 °00'00 "E FOR 9.00 FEET; THENCE S00 °00'00 "W FOR 0.58 FEET; THENCE S90 "00'00 "E FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 2.00 FEET; THENCE N90 "00'00 "W FOR 2.00 FEET; THENCE 800 °00'00 "W FOR 0.58 FEET; THENCE N90 °00'00 "W FOR 9.00 FEET; THENCE N00 "0900 "E FOR 4.58 FEET; THENCE N90 °00'00 "W FOR 1.00 FEET; THENCE S00 °00'00 "W FOR 4.58 FEET; THENCE N90 °00'00 "W FOR 7.35 FEET; THENCE N00 °00'00 "E FOR 60.17 FEET; THENCE S90 °00'00 "E FOR 7.35 FEET; THENCE S00 "00'00 "W FOR 4.58 FEET; THENCE S90 °00'00 "E FOR 1.00 FEET; THENCE N00 °00'00 "E FOR 4.58 FEET; THENCE S90 °00'00 "E FOR 9.00 FEET; THENCE S00 "00'00 "W FOR 0.58 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 2.00 FEET; THENCE N90 "00'00 "W FOR 2.00 FEET; THENCE S00 °00'00 "W FOR 0.58 FEET; THENCE N90 °00'00 "W FOR 9.00 FEET; THENCE N00 "00'00 "E FOR 14.58 FEET; THENCE N90 °00'00 "W FOR 1.00 FEET; THENCE S00 "00'00 "W FOR 5.83 FEET; THENCE N90 °00'00 "W FOR 38.00 FEET; THENCE N00 °00'00 "E FOR 53.16 FEET; THENCE S90 "00'00 "E FOR 13.00 FEET; THENCE S00 °00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 1.83 FEET; THENCE S90 "00'00 "E FOR 34.00 FEET; THENCE S00 "00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 "00'00 "E FOR 1.83 FEET; THENCE S90 "00'00 "E FOR 22.00 FEET; THENCE S00 °00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 17.25 FEET; THENCE S00 "00'00 "W FOR 1.83 FEET; THENCE S90 °00'00 "E FOR 1.83 FEET; TO THE POINT OF BEGINNING. LESS THE FOLLOWING AREAS CONTAINING STRUCTURAL COMPONENTS; COMMENCE AT THE AFOREMENTIONED POINT "A "; THENCE N90 °00'00 "W FOR 16.25 FEET TO THE POINT OF BEGINNING; THENCE S00 °00'00 "W FOR 2.00 FEET; THENCE N90 "00'00 "W FOR 2.00 FEET; THENCE N00 °00'00 "E FOR 2.00 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET TO THE POINT OF BEGINNING. AND LESS COMMENCE AT THE AFOREMENTIONED POINT "B'; THENCE N90 °00'00 "W FOR 16.25 FEET TO THE POINT OF BEGINNING; THENCE S00 °00'00 "W FOR 2.00 FEET; THENCE N90 °00'00 "W FOR 2.00 FEET; THENCE N00 "00'00 "E FOR 2.00 FEET; THENCE S90 °00'00 "E FOR 2.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 10,289 SQUARE FEET OR 0.24 ACRES OF LAND, MORE OR LESS. 2d 13 PERA ORNEOYS'SEMSHeller - Weaver and Sheremeta, inc. SCALE: N/A ZU�3 DRAWN BY: W,ROLLE COMMENTS _'.�.:.;: Engineers ... Surveyors and Mappers CHECKED BY: D.LAAK _ 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 2 O 8 LB. NO'000saas (561) 243 -8700 - Phone (561) 243.8777 - Fax FILE NO. 13- 15396.115 -SSI i OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SURVEYOR'S NOTES NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ( "THIS IS NOT A SURVEY "). 2) THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE BASED UPON THE CENTERLINE OF N.E. 1ST AVENUE HAVING AN ASSUMED BEARING OF N00 °00'00 "E. 4) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 5) BENCH MARKS USED: PALM BEACH COUNTY BENCH MARK "D -32" ELEVATION 20.353' 6) SYMBOLS SHOWN HEREON ARE NOT TO SCALE. 7) DISTANCES SHOWN HEREON WERE DERIVED FROM ARCHITECTURE PLANS PREPARED BY PGAL ARCHITECTURE UNDER PGAL PROJECT NO. 718 - 04014.00, DATE OF ISSUE 4/12/06. THESE DISTANCES WERE FIELD VERIFIED 10/15/07 UNDER W.O. 15396.110 AND SAID DISTANCES WERE FOUND TO BE WITHIN 0.2t' OF THE DIMENSIONING SHOWN HEREON. LEGEND: HWS HELLER- WEAVER AND SHEREMETA, INC. O.R.B. OFFICIAL RECORD BOOK P.B. PLAT BOOK PG. PAGE P.O.B. POINT OF BEGINNING EL. ELEVATION N.T.S. NOT TO SCALE S.F. SQUARE FEET REVISIONS 1.24-13-PER CrIYS COMMENTS -, 'a+ + Heller - Weaver and Sheremetat inc. ll �� Ju '�'+p Engineers ... Surveyors and Mappers 310 S.E.1 st Street, Suite 5 Delray Beach, Florida 33483 LB. NO. D003"9 (561) 243 -8700 - Phone (561) 243-8177 - Fax ATE: 2-0-2013 SCALE: NIA 2A- WERATTORNES DRAWN BY: WROLLE COMMENTS CHECKED BY: D. LA AK SHEET: 7 OF 8 FILE NO. 13- 15396.115SS16 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SKETCH OF SURVEY N A PORTION OF TRACT "A ", OLD SCHOOL SQUARE GARAGE AND PARK SITE (PLAT BOOK 111, PAGE 46) BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA O INDICATES LOCATION OF THE ELEVATION AT THE BOTTOM SKETCH OF SURVEY. OF THE STRUCTURAL BEAM NORTH WITHIN THE UNIT, SEE VERTICAL 20 15 10 5 0 10 20 BOUNDARY SHEET 6 OF 8 N.E. 7 ST STREET , a4�� b. ��' k`� \ F� 1•C.. . r. N fr�� •,� l�' -:✓v � 7'" ?�`R� t �. .y - �r � 1,;'j I � I I ?`,. 01m O COMME CEM N ORTHEAST CORNER NIT OF RETAIL: 2.00' L890.00'DO•'E C 2.00' 1: S00.00100'w D 2 m 0.58' m 390'011rWE a- W 9.00' N00'00'00 "E p 4.88• S 890'00'00"E e 1.00' Z 900'00100"W 4.58' 590.00'00 "E 2 7.35' b f 500.09.99" w 0.58• PCD.B, S90.0010D"E- _.. _°R m 2.00' N 90'00.00" W r.. 2.00' i,.11LS0 80 00"W N00'00'00 "E 2.00' ?E1ip6.Olf�d o S9o•oo'0o"E ' 8 e 2.00' as"w'd 3001001001w 44 N 0.58' I-N00-00 -- - X90• S90'00'00'E - I FTRACT A IRI�IN 17.28 N 'I LDSCHOOLSQUAR PAff ARAGE A D PARK PLAT 8000 111, PA ) N d ODo I �j N90 °"W OINTO BEGINNI °o I ��,::� j l • Yr �7 y � EAST LINES OF TRACT "� NOT INCLUDED E (PLAT BC 4K 111, PAGE 4 LIMITS OF RETAIL WAC O-.y N90.00'001w S90.00100 "E 590'00'00'� . -(r .v ! �. Heller - Weaver and Sheremetal Inc. �' ' MAW t'= =Y4 Engineers ... Surveyors and Mappers - 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33463 L.B. NO. BOD'c A8 (561) 243 -8700 - Phone (561) 243.8777 - Fax 34.00' 22A0' POINT "A" S0010 .0 SOW00'00"w DRAWN BY: 1.83• 1.83' II S90'0WOVE 390.00'00 "E. SHEET: 2.00' 2.00' FILE NO. N00.00'00"E N00.00'00 "E 1.83' 1.83' W T /( a NOO.00.00"E So0'00'00'w g in 1.83' 1.83' OR 390.0O•oo"E S90'00'0o"E. e 2.00• 1.83' z S00.00.001w 1.83' 2.00' ? NOO'00'00 "E 890.00'00 "E N90.00'00"W ' 13.00' 2.00' 1.00' 3001001101w W N90.00'00"w ae.aa• 5.83' o 9,00' N90 00 00"W 0. 800'00.00'w �1 °° v 0.58' N90'00'001N 2.00' NIT OF RETAIL: 2.00' L890.00'DO•'E C 2.00' 1: S00.00100'w D 2 m 0.58' m 390'011rWE a- W 9.00' N00'00'00 "E p 4.88• S 890'00'00"E e 1.00' Z 900'00100"W 4.58' 590.00'00 "E 2 7.35' b f 500.09.99" w 0.58• PCD.B, S90.0010D"E- _.. _°R m 2.00' N 90'00.00" W r.. 2.00' i,.11LS0 80 00"W N00'00'00 "E 2.00' ?E1ip6.Olf�d o S9o•oo'0o"E ' 8 e 2.00' as"w'd 3001001001w 44 N 0.58' I-N00-00 -- - X90• S90'00'00'E - I FTRACT A IRI�IN 17.28 N 'I LDSCHOOLSQUAR PAff ARAGE A D PARK PLAT 8000 111, PA ) N d ODo I �j N90 °"W OINTO BEGINNI °o I ��,::� j l • Yr �7 y � EAST LINES OF TRACT "� NOT INCLUDED E (PLAT BC 4K 111, PAGE 4 LIMITS OF RETAIL WAC O-.y N90.00'001w INDICATES LIMITS OF RETAIL SPACE ® INDICATES SERVICE CORRIDOR EASEMENT AREA REVISIONS 1-24-13 . -(r .v ! �. Heller - Weaver and Sheremetal Inc. �' ' MAW t'= =Y4 Engineers ... Surveyors and Mappers - 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33463 L.B. NO. BOD'c A8 (561) 243 -8700 - Phone (561) 243.8777 - Fax DATE: 24 -2013 POINT "A" 1 "=20' 4 PER O'$COMMENTS DRAWN BY: E So0.00oo'w 0 ' II D,LAAK SHEET: 12.0" W _ N°00'00 �✓ w ' � �� JJJ FILE NO. 13- 15396.11&SS12 890'00'00'E T /( a 1.84 D0.0.O...W - 39 i r %11 � 2A0 N90100'0011N 2.00' ? NOO'00'00 "E OO 2.00' 890100100"E 2.00' o° N90'00'001N 1.84' POINT B.. 800'00100'w '� 2.00' 890'00100" 1. N90 °00'00 16.25 y 39D•DD DO"W 2.00• A � � � r N90'00100"w �=JWOI �j 41IDED v ,. 2.00' INDICATES LIMITS OF RETAIL SPACE ® INDICATES SERVICE CORRIDOR EASEMENT AREA REVISIONS 1-24-13 . -(r .v ! �. Heller - Weaver and Sheremetal Inc. �' ' MAW t'= =Y4 Engineers ... Surveyors and Mappers - 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33463 L.B. NO. BOD'c A8 (561) 243 -8700 - Phone (561) 243.8777 - Fax DATE: 24 -2013 1 "=20' 4 PER O'$COMMENTS DRAWN BY: E COMMENTS CHECKED BY: D,LAAK SHEET: 301`8 FILE NO. 13- 15396.11&SS12 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE SURVEYOR'S CERTIFICATE THIS CERTIFICATE MADE THE 24th DAY OF JANUARY, 2013 BY THE UNDERSIGNED SURVEYOR IS MADE PURSUANT TO THE PROVISIONS OF SECTION 718.104 OF THE FLORIDA STATUES, AS AMENDED, AND IS A CERTIFICATION THAT SHEETS 1 THROUGH 9 ARE AN ACCURATE REPRESENTATION OF THE IMPROVEMENTS DESCRIBED THEREIN AND THAT THE CONSTRUCTION OF SAID IMPROVEMENTS IS SUBSTANTIALLY COMPLETE SO THAT SUCH MATERIAL, TOGETHER WITH THE WORDING IN THE DECLARATION OF RETAIL SPACE FOR OLD SCHOOL SQUARE GARAGE RETAIL NORTHEAST CODOMINIUM IS AN ACCURATE REPRESENTATION OF THE LOCATION AND DIMENSIONS OF THE IMPROVEMENTS DESCRIBED AND THAT THE IDENTIFICATION, LOCATION AND DIMENSIONS OF THE COMMON ELEMENTS AND EACH UNIT CAN BE DETERMINED FROM THESE MATERIALS HELLER- WEAVER AND SHEREMETA, INC. FLORIDA STATE L.B. NO. 3449 BY: DANIEL C. LAAK PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REG. NO. 5118 Heller - Weaver and Sheremeta, inc. SCALE; NIA 1. 2413 -PER CITE "S COMMENT —..— 24 34'ER ATTORNEYS'S y u DRAWN BY: W.ROLLE COMMENTS �1 Engineers ... Surveyors and Mappers CHECKED BY: D.LAAK 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 8 OF 8 L.B. NO. OM :as (561) 243 -6700 - Phone (561) 243-8777 - Fax FILF NO_ 13-15398.115 -.SS17 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE AIR CONDITIONING EASEMENT AREA (2ND FLOOR) 10' 5' 0 5' 10' GRAPHIC SCALE IN FEET POINT OF COMMENCEMENT NORTHEAST CORNER _ OF TRACT "A" OLD SCHOOL SQUARE PARKING — GARAGE AND PARK SITE (PLAT BOOK 111, PAGE 46) 17.25' S90 °00'00 "E ---- - - - -�, W I S00 °00'00" VII h6 I 1.67' 1191 IRce EL. = 35.7 .- C I S90 °00'00 "E I ZI 1.67' AIR CONDITIONING EASEMENT AREA 3 L - N90 °0010019A1 18.92' N NORTH I 0 °: °I o. 1 °ol I Q nl � d: U N90 °00'00 "Vv �j w 1 Z LLI Q POINT "A" I o :° AIR CONDITIONING °o EASEMENT AREA 2 I °o cn S90 °00100 "E 8.00' POINT OF BEGINNING I_ POINT OF BEGINNING I I 45.92 N90 °00'00 "W 16.25' S00 100100 "W -- S00'00'00 "1N S90 °00'00 "E 4.92' I 9.00' i- - - - - -- I L _ _ J N90 °00'00 "W I - -- I 1.67' N00 °00'00 "E — 1 800 °00'00 "W N90 "00'00'W 9.00' L — J 9.00' 9.00' N90 °00.00 "W N00 °00'00 "E 16.25' 9.00' AIR CONDITIONING EASEMENT AREA 1 nwioiviro UAI t; 24 -2013 1- 2413-PERCITYS COMMENTS —4 H - Weaver and Sheremeta, inc. SCALE; NIA eller 2-0-13 -PER ATTORNEYS'S ' ` , t "x: Engineers . C _ DRAWN BY: WROLL E COMMENTS En ineers ... Surveyors and Mappers 310 S.E.1st Street, Suite 5 Delray Beach, Florda 334 83 CHECKED BY. DLAAK SHEET: 40F8 L.B. NO.`oorxa' (561) 243 -8700 - Phone (561) 243 -8777 - Fax FILE NO. 13.15396.115SS13 OLD SCHOOL SQUARE GARAGE RETAIL EAST RETAIL SPACE VERTICAL BOUNDARIES EL. = 39.2' 2ND FLOOR TOP OF PARAPET WALL EL. = 35.7' 2ND FLOOR AIR CONDITIONING EL. = 30.6' �1111m AND UPPER LIMITZ 11111111 Nilson Iloilo 111111 FLOOR EL. = 16.2' (EAST SIDE) M ; r FLOOR EL. = 17.9' (NORTH SIDE) is EL. @ 11.9' jilk LOWER LIMIT OF UNIT IV AND LOWER LIMITS OF RETAIL SPACE VERTICAL BOUNDARIES N.T.S. ELEVATION OF STRUCTURAL BEAM SCHEDULE EL = 29.3' EL = 30.8' EL = 29.3' EL = 30.8' NOTE: 1) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM OF 1929. 2) BENCH MARKS USED: PALM BEACH COUNTY BENCH MARK "D -32" ELEVATION 20.353' �� , UAl E; 2-0 -2013 1- 24- 13�ERCITYSCOMMENT _Heller - Weaver and Sheremeta inc. SCALE: N.T.S. T4.13-PER ATiORNEYS'S — -L; �'• R` I DRAWN BY: W.ROLLE COMMENTS I .� ,( �=;�� Engineers ... Surveyors and Mappers CHECKED BY: p.LAAK l _ ` 310 S.E. 1st Street, Suite 5 Delray Beach, Florida 33483 SHEET: 5 of e L.B. No. 0003441 (561) 243 -8700 - Phone (561) 243-8777 - Fax FILE N0. 13- 1539fi.115 SS14 EXHIBIT "B" FIGURES CONTAINED IN ANY BUDGET DELIVERED TO THE BUYER PREPARED IN CONNECTION WITH THIS CONTRACT ARE ESTIMATES ONLY AND REPRESENT AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE BUDGET BY THE SELLER. ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL OR ADVERSE CHANGES IN THIS CONTRACT. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REFERENCED HEREIN. CONTRACT FOR PURCHASE AND SALE OF OLD SCHOOL SQUARE GARAGE RETAIL AIRSPACE 1. PURCHASE AND SALE This Contract for Sale and Purchase of OLD SCHOOL SQUARE GARAGE RETAIL AIRSPACE, ( "Contract ") is made and entered into by and between CITY OF DELRAY BEACH, a Florida Municipal Corporation whose address is c/o City Attorney, 200 N. W. 1St Avenue, Delray Beach, Florida 33444 (561) 243 -7090 ( "Seller "), and S & F Acquisitions, Inc., a Florida corporation (a related entity of SCHMIER & FEURRING PROPERTIES INC.) ( "Buyer "). Purchase and Sale. Purchaser hereby agrees to purchase and Seller hereby agrees to sell and convey to Purchaser all of that certain parcel of real property being situated in Palm Beach County, Florida comprising a portion of the subsurface land and a portion of the airspace on and above a portion of the land ( "Unit "), together with easements for ingress, egress, and physical support for the improvement which has been developed within and adjacent to the airspace legal description, as more particularly set forth in the Declaration of Covenants, Easements and Restrictions for Old School Square ( "Declaration "), which shall be recorded in the Public Records of Palm Beach County, Florida prior to the conveyance of the Unit by the Seller to Buyer. The Unit is located in the airspace of the Old School Square Garage ( "Garage ") from just below the surface of the land upward to just below the underside of the second floor parking slab, as more particularly described in the legal description of the Unit which is attached hereto and made a part hereof as Exhibit "l ", and has a street address of 180 N. E. 1St Street, Delray Beach, Palm Beach County ( "County "), Florida 33444. 2. DESCRIPTION OF PROPERTY 2.1 The Unit contains approximately ten thousand four hundred (10,400) gross square feet of space. There is no personal property included in this sale. 3. PURCHASE PRICE 2013 02 04 Schmier_Contmct v2 Clean Page 1 of 20 3.1 3.2 Purchase Price of the Unit (a) Base Purchase Price, including Easements, Licenses for Storage, Generator, A/C, and Garbage Disposal Areas (b) Parking Rights "Total Purchase Price" of the Unit $ 2,250,000.00 $ $250,000.00 $ 2,500,000.00 Payment Schedule. Total Purchase Price of the Unit shall be payable as follows: (A) A deposit in the amount of Fifty Thousand and no /l00ths Dollars ($50,000.00) paid to Escrow Agent upon Buyer's execution of this Contract $ 50,000.00 (B) Additional deposit to be made to Escrow Agent within 47 days after Effective Date $ 200,000.00 ( C) Balance of the Total Purchase Price of the Unit shall be due at closing ( "Final Payment "), subject to adjustments and prorations and shall be paid in the form of a U. S. Bank wire transfer in United States funds $ 2,250,000.00 The foregoing sums deposited by Buyer hereunder are collectively referred to herein as the "Deposit ". 3.3 This is a cash transaction with no contingencies for financing. 4. CLOSING, CLOSING EXPENSES AND OTHER EXPENSES 4.1 Closing Date and Possession. The "Closing" is the conveyance of the Unit to Buyer as evidenced by the delivery of the deed transferring title. The closing date ( "Closing Date ") shall be on or before sixty (60) days after the expiration of the Inspection Period which is defined in Section 13 of this Contract. Buyer shall close on such Closing date. Seller is authorized to postpone the date of the closing for -not more than thirty (3 0) days at its discretion. Seller must, however, give Buyer at least thirty (30) days notice of the new Closing Date. Any new notice of Closing may be given verbally, by telephone, telegraph, telex, telefax, mail, or other means of communication at Seller's option. An affidavit of one of Seller's employees or agents that such notice was given will be conclusive for purposes of proving that notice was given. All notices will be given to Buyer at the address or by use of the telephone number(s) specified in this 2013 02 04 Schmier Contract Q Clean Page 2 of 20 Contract unless Seller has received written notice from Buyer of any change therein prior to the date notice of Closing is given. The fact that Buyer fails to receive the new Closing notice because Buyer has failed to advise Seller of any changes of address or phone number, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or for any other reason, shall not relieve Buyer of Buyer's obligation to close on the scheduled date, unless Seller otherwise agrees in writing to postpone the Closing Date. If Seller agrees in writing to reschedule the Closing Date at Buyer's request or because Buyer has failed to produce all corporate documents requested by Seller, or for any other reason (except for delay caused by Seller), Seller may impose a late charge equal to One Thousand One Hundred Dollars ($1,100.00) per day for every day from and after the original Closing Date through the date that the transaction closes, and prorations shall be as of the original Closing Date. Buyer agrees the late charge is appropriate in order to cover Seller's administrative and other expenses resulting from a delay in Closing. Seller is not required to agree to reschedule the Closing Date, but Seller may reschedule Closing in Seller's sole discretion. Buyer shall be in default of this Contract if Buyer fails to close as scheduled. Buyer shall be given possession of the Unit, subject to existing leases and parties presently in possession, at Closing after Final Payment is received. Until such time, Buyer shall not be entitled to possession of the Unit or store any property therein. The Closing shall take place at an office designated by Seller which is located in Palm Beach County, Florida. 4.2(i) Closing and Other Costs. On the Closing Date, Buyer shall pay the balance of the Total Purchase Price of the Unit, any and all sums due and owing sums under this Contract, and the following sums: (A) A prorated monthly Assessment payable to Seller, if Seller has prepaid the same, based upon the Unit's share of total costs of maintenance, repair and replacement of the Shared Facilities as described in the Declaration. Buyer understands and acknowledges that the Seller's Annual Budget for the Shared Facilities is only an estimate of what it presently costs to maintain, repair and replace the Shared Facilities. (B) The monthly Assessment, payable to the Seller for the Unit for the next monthly assessment period commencing after Closing, based upon the Unit's share of the total Assessment as described in the Declaration and determined by the Seller's Annual Budget. ( C) If Buyer executes a mortgage or other loan, Buyer shall be obligated to pay all mortgage or loan costs and expenses, including but not limited to, points, lender's origination fee, private mortgage insurance costs, intangible tax, documentary stamp tax, survey charge, credit report, recording charges, prepaid items such as taxes, insurance, interest and escrow, mortgagee's abstract of title insurance costs, mortgagee's attorneys' fees, and all sums deducted from the gross amount of the mortgage by the lender. This Contract is not contingent on Buyer obtaining a mortgage or any other financing. (D) A closing charge, payable to Seller, in a sum equal to one and three tenths 2013 02 04 schmier_Contract 12 Clean Page 3 of 20 percent (1.3 %) of the Total Purchase Price of the Unit, a portion of which will be used to pay the cost of recording the Special Warranty Deed, and a portion of Seller's legal and administrative expenses associated with the transaction. (E) Real estate taxes, Solid Waste Authority tax assessments, special tax assessments, and other proratable items shall be prorated as of the date of Closing. Ad valorem taxes are prorated from January through December 31 of the same calendar year. Non ad- valorem assessments are prorated from October 1 through September 30 of the following calendar year. Such taxes and assessments shall be prorated based on the current year's tax with allowance made for discount and exemptions. If Closing occurs on a date when the current year's millage is not fixed, and the current year's assessment is available, taxes shall be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes shall be prorated based on the prior year's tax. Any tax proration based on an estimate shall at the request of either Seller or Buyer be subsequently readjusted upon receipt of the current year's tax bill. (F) Expenses incurred and/or advanced by Seller, if any, with written consent of Buyer, and all other costs and expenses for which Buyer is obligated under this Contract or the Declaration. (G) Additional out of pocket or costs incurred by Seller as the result of Buyer's failure to close on the Closing Date as scheduled herein, or in the manner contemplated in this Contract, including but not limited to a document re- preparation fee and additional costs associated with closing the transaction by mail. (H) Utility connection fees, impact fees, utility deposits, permit fees and any other additional costs imposed by governmental authority. (I) Documentary stamp taxes on the Deed. 4.2(ii) Seller shall pay the following closing costs: (A) All real estate broker's fees, including without limitation, broker's fees which are due pursuant to Seller's right of sale listing agreement with Broker as provided in paragraph (7) of this Contract. (B) Owners' title insurance premium, title evidence and title examination fees. (C) Recording of Deed. 4.3 Deposits. Any reference to Deposit or Deposits herein shall refer collectively to all amounts deposited with Escrow Agent under this Agreement and under any addendum or 2013 02 04 Schmier_Contract v2 Clean Page 4 of 20 amendment hereto, except for any deposits or payments made by Buyer to Seller for options, extras and/or upgrades. All monies deposited under the terms of this Agreement, except for the balance due at Closing, maybe made by check drawn on a Florida bank, subject to collection. All payments must be made in United States funds. 4.3.1 Buyer understands that Steven D. Rubin, Esq. ( "Escrow Agent "), whose address is 980 North Federal Highway, Suite 434, Boca Raton, Florida, and whose telephone number is (561) 391 -7992, will hold the Deposit in an escrow account (the "Escrow Account "), pursuant to the terms of this Agreement. Buyer may obtain a receipt for its Deposit from the Escrow Agent upon request. Unless Buyer is in default of this Contract, interest shall be paid to Buyer on the Deposit if it is deposited in an interest bearing account. Escrow Agent may deposit monies held in the Escrow Account in a savings or time deposit account at a bank or savings and loan association insured by an agency of the United States Government, with interest if any, paid to Buyer at Closing or to Seller if Seller is entitled to retain the Deposit as provided in this Contract. By signing this Agreement, Buyer expressly authorizes Escrow Agent to disburse Buyer's deposits held in the Escrow Account to Buyer's account at Closing, or to Seller upon Buyer's default. Escrow Agent shall not be responsible for any act or omission to act, unless occurring due to his sole gross negligence or willful malfeasance, and upon making delivery of the monies that Escrow Agent holds in accordance with the terms hereof, Escrow Agent shall have no further liability. 4.4 Closing Agent. Buyer acknowledges that Seller utilizes the services of Steven D. Rubin, Esq. ( "Closing Agent ") for this purchase and sale which services include, but are not limited to (I) pre - closing coordination with Seller, Buyer, Broker (defined below), Co- Broker, if any (defined below), Association, taxing authorities, and any applicable lender; (ii) preparation of the Special Warranty Deed and other closing documents; (iii) preparation of the closing statement; and (iv) conducting the Closing. The Closing Agent does not represent the Buyer as an attorney at law. The terms of this Paragraph 4 shall survive closing. 5. TITLE CONVEYANCE AND TITLE INSURANCE 5.1 Convevance and Permitted Exceptions. Seller will convey to Buyer marketable and insurable title to the Property by Special Warranty Deed, subject only to the following "Permitted Exceptions ": encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey (unless such survey exception is removed by the title insurer upon certification of a survey meeting requirements for such removal); all applicable laws, zoning ordinances and regulations and other requirements imposed by governmental authorities; taxes for the year of closing and subsequent years, including taxes or assessments of any special taxing district; the Declaration, and all matters referenced in the Declaration and any supplements or amendments thereto; covenants, conditions, restrictions, limitations, reservations, and easements of record and matters shown or reflected on any recorded plat underlying the Unit as of the Closing Date (whether recorded by Seller, or any other person or entity), and any supplements and amendments thereto; any mortgage, construction loan and/or related security instruments executed by Buyer; any easements in connection with the providing of cable television services or 2013 02 04 Schmier_Contmt Q Clean Page 5 of 20 utilities, or as may be required by the City of Delray Beach, Florida; any water, sewer or utility service agreement required by the City of Delray Beach, Florida; the Title Documents referenced in the Declaration; riparian and littoral rights of adjoining land owners; rights of the public, United States and Florida to the use of navigable water ways; and any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands underlying the Unit including submerged, filled and artificially exposed lands, and lands accreted to such lands; and parties presently in possession under written or oral leases, which the Buyer agrees to assume and perform, and for which the Buyer shall indemnify and hold Seller harmless from and after the Closing Date by instrument in form which is reasonably satisfactory to Seller's counsel. Buyer specifically gives authority to Seller to file and place among the Public Records of Palm Beach County, Florida all documents and instruments of any type or manner reasonably necessary to provide easements for ingress, egress, support, utilities and parking rights, provided the same shall not render title to the Unit unmarketable or prevent the use of the Unit as a law office. 5.2 Title Insurance. Within a reasonable time after Closing, Seller, at Seller's cost, shall furnish to Buyer a policy of owners' title insurance insuring that the recorded conveyance from Seller to Buyer has vested marketable title in Buyer subject to those matters set forth in this Contract; provided, however, that such policy will not insure title to any interest in personal property, riparian rights, littoral rights or sovereign rights. The owners' title insurance policy will be issued by a duly licensed title insurer of Seller's choosing. A commitment for the policy of title insurance will be furnished to Buyer at least seven (7) days prior to closing. Seller will pay the cost to record the Deed. 5.3 Defects; Title; Acceptance of Deed. Buyer shall have seven (7) days upon receipt of the title insurance commitment to review the same and report, in writing, any defects in title to Seller. In the event that any defects in title are timely reported to Seller, if necessary, the Closing Date shall be postponed and Seller shall make a good faith effort to cure such defects in title. If such defects in title are not cured within sixty (60) days after the date that the Buyer gives notice of such defects to the Seller, then Buyer shall either (I) accept title in its then existing condition, but without any reduction in the Total Purchase Price, or (ii) terminate this Contract. If this Contract is terminated under this paragraph, the Deposit shall be returned to Buyer and the Parties shall have no further rights or obligations hereunder. It is expressly agreed and understood that the Permitted Exceptions shall not be considered defects in title. It is further expressly agreed and understood that Seller shall not be obligated to expend funds in excess of $1,000.00 or to bring any lawsuits for the purpose of curing any defects in title. Buyer's acceptance of the aforementioned Special Warranty Deed shall be deemed to be full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Contract, except those which are herein specifically deemed to survive the Closing or which survive by operation of law. The terms of this Paragraph 5 shall survive Closing. 6. CONSTRUCTION OF THE UNIT 6.1 Buyer Acknowledgments. Buyer acknowledges and agrees that Buyer has not 2013 02 04 Schmier Contract v2 Clean Page 6 of 20 relied upon any statements, verbal or written, published by or under the authority of Seller in advertising and promotional matter, including but not limited to newspaper, radio or television advertisements, but has based the decision solely to purchase solely upon Buyer's personal investigation and observation, and the other documents provided herewith. 6.2.1 Build -Out of Unit. The Unit is substantially complete as of the Effective Date of this Agreement. The Unit consists of partially unfinished space. Buyer shall, after the Closing Date, at its sole cost and expense, furnish, construct, install, and improve the Unit for Buyer's intended use with the plans and specifications which are subject to the prior written approval of City of Delray Beach and in accordance with all municipal codes. (the `Build- Out "). The Build -Out may include, without limitation: (a) Interior walls, partitions and wall coverings of the Unit. (b) The ceiling and all ceiling coverings of the Unit; and ( c) Any utility connections, electrical, plumbing, heating and air conditioning wires, conduits, pipes and fixtures, vents, generator, air conditioning and heating systems, and garbage disposal area and containers. (d) Buyer also acknowledges and agrees that Buyer may not make any changes to the physical appearance of the exterior of the Garage or the Unit without the express prior written approval of Seller, which approval may be withheld in Seller's absolute discretion. 6.2.2 Improvements to Exterior Facade, Buyer may, after the Closing Date, at its sole cost and expense, furnish, construct, install, and improve the Exterior Facade for Buyer's intended use with the plans and specifications which are subject to the prior written approval of City of Delray Beach as the owner and in accordance with all municipal codes. The Improvement may include, without limitation: (a) The addition of Signage on the NE 2nd Avenue and NE 1St Street Exterior Facades (b) Replacing the knee walls (c) Replacing the glass 6.3 No Warranties. SELLER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, INTENDED USE, WORKMANSHIP OR CONSTRUCTION RESPECTING THE UNIT, OR RELATED TO INGRESS, EGRESS AND SUPPORT OF THE UNIT, AND ALL FIXTURES OR ITEMS OF PERSONAL PROPERTY SOLD PURSUANT TO THIS AGREEMENT, OR ANY OTHER REAL OR PERSONAL PROPERTY WHATSOEVER CONVEYED HEREBY, OR LOCATED WITHIN THE UNIT WHETHER ARISING FROM THIS AGREEMENT, USAGE, TRADE, IMPOSED BY STATUTE, COURSE OF DEALING, CASE LAW, OR 2013 02 04 Schmier_Contract Q Clean Page 7 of 20 OTHERWISE SELLER SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER RESPECTING ANY DISCLAIMED WARRANTY, WHETHER SUCH DAMAGES ARE COMPENSATORY, GENERAL, SPECIAL, DIRECT, INDIRECT, SECONDARY, INCIDENTAL OR CONSEQUENTIAL. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. SELLER GIVES NO EXPRESS WARRANTY ON THOSE ITEMS DEFINED AS "CONSUMER PRODUCTS" BY THE MAGNUSON -MOSS WARRANTY ACT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SELLER DISCLAIMS ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR (I) DAMAGE DUE TO OR MADE WORSE BY BUYER'S NEGLECT, MISUSE, ABNORMAL USE, IMPROPER UNIT MAINTENANCE AND /OR PREVENTATIVE MAINTENANCE; (II) DAMAGE DUE TO ORDINARY WEAR AND TEAR; (III) LOSS OR INJURY CAUSED IN ANY WAY BY THE ELEMENTS; (IV) IRREGULARITIES AND CONDITIONS RESULTING FROM OR THAT ARE CHARACTERISTIC OF AND COMMON TO THE MATERIALS USED; (V) CONDITIONS RESULTING FROM CONDENSATION ON, OR THE EXPANSION OR CONTRACTION OF MATERIALS; (VI) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING FROM A BREACH OF THIS OR ANY WARRANTY; AND (VII) ANY DISCOLORATION TO ANY PROPERTY THAT MAY BE CAUSED BY WATER WITHIN THE UNIT OR BUILDING. NORMAL SWELLING, EXPANSION AND CONTRACTION OF MATERIALS AND CONSTRUCTION, AND ANY CRACKS APPEARING AS A RESULT THEREOF OR AS A RESULT OF SETTLEMENT OF, IN OR ON THE UNIT SHALL NOT BE DEEMED TO BE CONSTRUCTION DEFECTS. UPON CLOSING, SELLER SHALL DELIVER TO BUYER ALL MANUFACTURERS' WARRANTIES, IF ANY. BUYER ACKNOWLEDGES THAT IT IS NOT A "CONSUMER" AS DEFINED UNDER ANY APPLICABLE CONSUMER PROTECTION LAW AND SELLER DOES NOT ADOPT OR ASSUME LIABILITY FOR ANY MANUFACTURER'S WARRANTY. THE UNIT IS SOLD "AS IS, WHERE IS ". Except as otherwise provided in this Agreement, the Seller does not make any warranty or representation regarding the title to the Unit except as to any warranties which will be contained in the Deed and in the other instruments to be delivered by Seller at Closing in accordance with this Agreement, and Seller does not make any representation or warranty either expressed or implied regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Unit or the Garage, as defined in the Declaration. The Buyer specifically acknowledges and agrees that the Seller shall sell and Buyer shall purchase the Unit on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, or its respective agents, officers, or 2013 02 04 Schmier_Contract Q Clean Page 8 of 20 employees, as to any matters concerning the Unit, the Garage or related real property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Unit,(2) the qualiq, nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Unit, (4) the development potential, income potential, expenses of the Unit, (5) the Unit's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Unit for any particular use or purpose, (7) the zoning or other legal status of the Unit, (8) the compliance of the Unit or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Unit or adjoining or neighbouring property, (10) the freedom of the Unit from latent or apparent defects, (11) peaceable possession of the Unit, (12) environmental matters of any kind or nature whatsoever relating to the Unit, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Unit or any improvements located near, adjacent to, or thereon. Seller shall have no obligation to repair, replace, or remediate the Unit, or any portion thereof, Buyer understands that the Unit is sold and conveyed "AS IS." As used herein, the term "Hazardous Materials" means (I) those substances included within the definitions of "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste ", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 6.4 Closing Inspection. In addition to the inspections permitted during the Inspection Period as defined in Section 13 of this Contract, prior to making the Final Payment and at a reasonable time established by Seller, Seller shall accompany Buyer on a personal inspection of the Unit also known as a "Final Walk - Through Inspection ", for the purpose of orienting Buyer with Buyer's Unit and, if necessary, to confirm the condition of the Unit as represented herein. Seller shall be obligated to correct such items that do not conform to the condition of the Unit as represented by this Contract within a reasonable period of time after the Walk - Through Inspection. Seller's obligation to correct such items shall not be a ground for postponing the Final Payment or Closing Date, nor for the imposition of any condition upon the Final Payment. Failure to make the Final Walk- Through Inspection at the time established by Seller shall not delay the Final Payment or Closing Date and shall be deemed a waiver of Buyer's right to inspect the Unit and correction of the above described deficiencies. 2013 02 04 Schmier Contract v2 Clean Page 9 of 20 6.5 Final Payment. The making of the Final Payment by Buyer shall constitute acceptance of the Unit "AS IS" and a waiver of any and all claims against Seller for any defects in the Unit or Garage. 6.6 Damage to Unit. If between the date of this Agreement and the Closing the Unit is damaged by fire, natural disaster, acts of terrorism or other casualty, the following shall apply: 6.6.1 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty until the Closing is assumed by Seller, but without any obligation by Seller to repair or replace the Unit except that if Seller elects to repair or replace such loss or damage to the Unit this Agreement shall continue in full force and effect and Buyer shall not have the right to reject title or receive a credit against or abatement of the Total Purchase Price. If Seller elects to repair or replace such loss or damage, Seller shall be entitled to a reasonable period of time within which to complete such repairs or replacement. Any proceeds received from insurance or in satisfaction of any claim or action in connection with such loss or damage shall belong entirely to Seller. If such proceeds shall be paid to Buyer, Buyer agrees that such funds are the property of Seller and Buyer shall promptly upon receipt thereof turn the same over to Seller. 6.6.2 If Seller notifies Buyer that Seller does not elect to repair or replace any such loss or damage to the Unit then this Agreement shall be deemed cancelled and of no further force or effect. Seller shall refund to Buyer all monies deposited hereunder whereupon the parties shall be released and discharged of all claims and obligations hereunder, except that if Buyer is then otherwise in default hereunder, Seller shall retain the Deposit as and for agreed upon liquidated damages. 6.6.3 Risk of loss to the Unit by fire, natural disaster, acts of terrorism or other casualty from and after Closing is assumed by Buyer. Buyer should be aware that the Unit and Garage however well constructed, may be subject to damage or destruction by naturally occurring events such as hurricanes and sinkholes. While Seller has no knowledge of sinkholes or naturally occurring gases such as radon in the immediate vicinity of the Garage all risks associated with all natural occurrences shall be borne by Buyer from and after Closing. 7. Real Estate Brokers. Listing and Cooperating Brokers, if any, named below (collectively, `Broker "), are the only Brokers entitled to compensation in connection with this Contract. Brian Rosen Cooperating Sales Associate, if any Marcus & Millichay Cooperating Broker, if any (single agent) Ingrid Kennemer Listing Sales Associates Coastal Commercial Group, LLC Listing Broker (single agent) Seller shall pay a total of six percent (6 %) commission to Listing Broker per Listing Agreement, and the Cooperating Broker shall be paid a three percent (3 %) commission (fifty percent (50 %) of the total commission). 2013 02 04 Schmier_Contract Q Clean Page 10 of 20 The terms of this Paragraph 7 shall survive Closing and/or the termination of this Contract. 8. DEFAULT 8.1 Default by Seller. In the event Seller fails to perform any of Seller's obligations or covenants under this Contract, through no fault of Buyer, and Buyer is not in default, Seller shall have thirty (30) days from the date written notice of breach is received by Seller from Buyer within which to cure such breach. If Seller fails to cure same within thirty (30) days or, with respect to any matter which cannot reasonably be cured within thirty (30) days, Seller fails to commence to cure within thirty (30) days, Buyer may (I) have the Deposit, together with any interest earned thereon, returned to Buyer if such default occurs prior to Closing, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder; or (ii) pursue an action for specific performance. 8.2 Default byBuyer. If Buyer fails to perform any one or more of Buyer's obligations under this Contract, including but not limited to Buyer's obligation to Close, then Seller shall have the right to retain the Deposit together with any interest earned thereon, together with any other funds paid by Buyer to Seller hereunder in consideration for the execution of this Contract as liquidated damages, in full settlement of any claims under this Contract, in which case this Contract shall be terminated and the parties shall have no further rights or obligations hereunder. Notwithstanding the foregoing to the contrary, Buyer shall be provided written notice by Seller of its failure to perform under the Contract and shall have fifteen (15) days from the date such written notice is received by Buyer in which to perform and, thereafter if Buyer fails to perform same within fifteen (15) days with respect to any matter, except a failure of its obligation to Close, which performance cannot reasonably be cured within fifteen (15) days, Buyer fails to commence to perform within fifteen (15) days, then the Seller shall have such remedies as set forth above in this Paragraph 8.2. If, subsequent to Closing, Buyer fails to perform any one or more of its obligations that survive Closing under this Contract, then Seller shall have the right to seek, after the foregoing notice and opportunity to cure such failure to perform, any remedy available at law or equity. 9. FEES Buyer shall pay for all water, telephone, cable television, sewer, gas, and electric deposit fees, including without limitation, water meter deposits, for the Unit, to place such accounts in Buyer's name. 10. EFFECTIVE DATE The Effective Date of this Contract, for purposes of performance, shall be regarded as the date when the last one of Seller and Buyer has signed this Contract. 11. MISCELLANEOUS 11.1 All of the provisions set forth in this Paragraph 11 and all the representations, duties and obligations of Buyer pursuant to this Contract shall survive Closing. 11.2 Contract Documents, Entire Agreement and Amendments. This Contract shall 2013 02 04 Schmier Contract Q Clean Page 11 of 20 consist of this Contract document, all modifications, change orders, and written interpretations of the Contract documents issued by Seller, Specifications, Exhibits, and all addenda executed by both parties subsequent to the execution of this Contract. This Contract supersedes any and all understandings and agreements between the Parties hereto whether oral or written, and this Contract represents the entire agreement between the Parties hereto with respect to the subject matter hereof. No representations or inducements made prior hereto which are not included and embodied in this Contract shall be of any force and effect, including but not limited to any brochure, advertising representation, illustrations or materials, or oral statements of Seller or Broker, and all such representations, statements and agreements are null and void and shall have no effect. This Contract may be amended, altered or modified only by a written agreement executed by the Parties. 11.3 Conflicting Terms. In the event of conflict, typewritten provisions will control over printed form language, and handwritten provisions will control over both typewritten and printed form language. 11.4 Gender and Number. All terms and words used in this Contract, regardless of the number and gender used, shall be deemed to include any other gender or number as the context or use thereof may require or permit. 11.5 Governing Law and Venue. Buyer certifies that Buyer is executing this Contract while in the State of Florida of Buyer's own volition and that this purchase was not solicited either by telephone or mail in another state. This Contract shall be construed under and interpreted according to the laws of the State of Florida, and venue with respect to any litigation arising hereunder shall be Palm Beach County, Florida. 11.6 Radon Gas. Pursuant to Section 404.056(6), Florida Statutes, Buyer is hereby notified as follows: RADON GAS: Radon is a 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. 11.7 Attorneys' Fees and Costs. In connection with any litigation or dispute arising out of this Contract, each party shall bear its own attorney's fees and costs. 11.8 Delinquent Pam If Buyer is delinquent in the payment of any sums due under this Contract, including without limitation the Deposit, and Seller has not elected to hold Buyer in default under this Contract or impose the daily administrative late fee, then Buyer shall pay to Seller interest (commencing as of the date that the delinquent sum becomes due) on all delinquent sums at a rate of 18% per annum, or at the then highest rate allowed by law, whichever is less, and the prorations for taxes, assessment charges, and other proratable items shall be calculated based on the herein scheduled Closing Date rather than the actual date of Closing. 2013 02 04 Schmier_Contract v2 Clean Page 12 of 20 11.9 Recording. Buyer shall not record this Contract nor any notice thereof in the Public Records of Palm Beach County, Florida, or in any other Public Records. Such recording shall constitute a material breach hereof by Buyer. 11.10 Notices. Except as otherwise provided in Paragraph 4.1 of this Contract, all notices and other communications required or permitted to be given under or in connection with this Contract shall be in writing, and shall be deemed given to Buyer when hand delivered to Buyer (which includes but is not limited to delivery by courier or Federal Express), or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Buyer at Buyer's mailing address as set forth in this Contract, and shall be deemed given to Seller when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Seller at its address set forth in this Contract, or to such other address as either Seller or Buyer shall designate by notice in accordance with this Subparagraph. 11.11 Captions. The captions contained herein are included solely for the convenience of the Parties and do not, in any way, modify, amplify or give full notice of any of the terms, covenants, or conditions of this Contract. 11.12 Waiver. Seller's waiver of any condition or provision of this Contract shall not be construed as a waiver of any other application of that same condition or provision, nor as a waiver of any other condition or provision herein. 11.13 Interpretation. This Contract shall be construed and interpreted in accordance with Florida law and shall not be more strictly construed against one Party, than against the other by virtue of the fact that it may have been physically prepared by one Party or by its attorneys, both Parties (and their respective attorneys, where applicable) having participated in the negotiation of this Contract. 11.14 Time of Essence. Time is of the essence with respect to Buyer's performance hereunder, except where otherwise specifically provided for herein. Any reference in this Agreement to the time periods of less that six (6) days, shall in the computation thereof, exclude Saturdays, Sundays and legal holidays. Any reference in the Agreement to time periods of six (6) days or more shall, in the computation thereof, include Saturday, Sundays and legal holidays. If the last day of any such period is a Saturday, Sunday or legal holiday, the period shall be extended to 5:00 P.M. on the next full business day. 11.15 Successors and Assigns. This Contract shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the Parties hereto. This Contract may not be assigned by Buyer. 11.16 Partial Invalidity. In the event any term or provision of this Contract is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning, or be construed as deleted as such authority determines, and the remainder of this Contract shall be construed to be in full force and effect. 2013 02 04 Schmier_Contract Q Clean Page 13 of 20 11.17 Counterparts. This Contract maybe executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. 11.18 Further Assurances. The Parties agree to execute all future instruments and take all further action that may be reasonably required by any Party to fully effectuate the terms and provisions of this Contract and the transactions contemplated herein. 11.19 Total Purchase Price and Additional Tax. Notwithstanding anything herein to the contrary, the Total Purchase Price of the Unit is established and agreed upon by Seller and Buyer based upon all taxes in existence at the time of execution. All newly created taxes, or any increase in taxes, beyond the control of Seller, shall be Buyer's responsibility and shall be passed directly on to Buyer. Taxes include but are not limited to taxes imposed pursuant to Chapter 212, Florida Statutes, as amended. The terms of this Subparagraph 11.20 shall survive Closing. 11.20 Seller's Easements. Buyer grants authority to Seller to file and place among the Public Records of Palm Beach County, Florida, all documents and papers reasonably required to be filed in order to create easements, licenses, and agreements reasonably necessary for the conveyance of the Unit to Buyer which have been approved in writing by the Buyer during the Inspection Period. Buyer acknowledges that Seller shall be placing of record the Declaration and Buyer's title shall be subject to such covenants, restrictions and easements.. 11.21 Telefaxed Signatures. Signatures maybe given via telefax transmission and shall be deemed given as of the date and time of the transmission of this Agreement by telefax to the other parry. 11.22 Additional Changes. No changes to this Contract are binding or effective unless the party to be charged has accepted the change in writing. 11.23 Not Binding. This Agreement shall not be binding on Seller until executed by the Mayor of the City of Delray Beach, Florida. 11.24 The Seller and Buyer shall comply with the Florida Investment in Real Property Tax Act. 11.25 SELLER'S GOVERNMENTAL FUNCTIONS. Notwithstanding anything to the contrary contained in this Agreement: a. Even though the City has certain contractual obligations under this Agreement such obligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances. b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested 2013 02 04 Schmier_Contract v2 Clean Page 14 of 20 rights. C. The City has not waived its sovereign immunity and the limits of tort liability set forth in F. S. § 768.28 (5)(2008) of $100,000.00 per person and $200,000.00 per occurrence shall apply; and d. Any action by City shall be without prejudice to, and shall not constitute a limit or impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi - governmental functions. 11.26 Leases. Seller shall, upon execution of the contract, furnish to Buyer copies of all written leases and estoppel letters from the tenants specifying nature and duration of tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant, and income and expense statements for preceding twelve (12) months. If Seller is unable to obtain estoppel letters from tenant(s), 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 tenant(s) to confirm such information. Seller shall, at Closing, deliver and assign all original leases to Buyer who shall assume Seller's obligations thereunder. 11.27 Time for Acceptance of Offer and Counter- Offers. If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before thirty (30) days after the date of this offer, this offer shall be deemed withdrawn and the Deposit, if any, will be returned to Buyer. Unless otherwise stated, time for acceptance of any counter -offers shall be within five (5) days after the day the counter -offer is delivered. 11.28 Survey. Buyer may have the Unit surveyed, at Buyer's expense during the Inspection Period. Unless Buyer cancels the Contract as permitted in Section 13 of this Contract, Buyer shall take title subject to all matters shown on the survey, and Seller shall have no obligation to remedy any survey matters shown on the survey. 12. IMPORTANT ADDITIONAL DISCLOSURES 12.1 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 12.2 Seller hereby discloses and Buyer hereby acknowledges that the lower horizontal boundary limit of the Unit lies approximately three (3) feet below the existing surface of the floor of the Unit and the upper horizontal boundary limit lies approximately six (6) inches below the existing pipes and other conduit which are located underneath the second level floor slab of the Garage. Notwithstanding anything to the contrary contained in this Contract, the Declaration, or any other Title Document or the common law, the Buyer, shall not have any other air rights or 2013 02 04 Schmier_Contract v2 Clean Page 15 of 20 subsurface rights in connection with or arising out of the ownership, management, or operation of the Unit which are not expressly contained in the Declaration. Such other air rights and subsurface rights have been expressly retained by the Seller. This paragraph shall survive closing. 13. Conditions Prior to Closing 13.1 Buyer's Inspections and Due Diligence. Buyer shall, within fifty -five (55) days from the Effective Date ( "Inspection Period ") determine: (a) whether or not the Unit is satisfactory for Buyer's purposes, (b) whether or not the Unit has adequate services available; (c)that all federal, state, county and local laws, rules and regulations have been and are currently being complied with relative to the Unit; and (d) whether to accept all matters which may be shown by a survey of the Unit. During the Inspection Period, it shall be the responsibility of the Buyer to determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the Unit. Furthermore, it shall be the responsibility of the Buyer to determine whether or not the existing zoning classification of the Unit will permit Buyer to construct, develop and utilize the Unit. At all times during the Inspection Period, Buyer and its agents shall be provided with reasonable access during normal business hours to the Unit for purposes of on -site inspections. The scope of the inspections shall be determined by the Buyer as deemed appropriate under the circumstances, and may include, at Buyer's option, an environmental audit. In the event that any inspections and any review of documents conducted by the Buyer relative to the Unit during the Inspection Period prove unsatisfactory to the Buyer, in its sole discretion, the Buyer shall be entitled to cancel this Agreement by providing written notice of cancellation to Seller prior to 5:00 p.m. Florida time on that date which is the second business day next following the expiration of the Inspection Period. If the Buyer timely cancels this Agreement, Buyer shall receive a prompt refund of the Deposit plus interest earned thereon. The failure of Buyer to timely notify the Seller of Buyer's cancellation of this Agreement shall constitute its waiver of its right to cancel based upon this Section 13. 1, time being of the essence. Buyer does hereby agree to hold Seller harmless with respect to all inspection activities Buyer conducts on the real property and Buyer's review of any and all documents. Buyer shall indemnify and hold harmless the Seller and its members, agents, employees, officers, commissioners, and directors from and against any and all claims, liabilities, injuries, liens, costs, damages, losses, and expenses, including but not limited to, attorney's fees, arising out of or resulting from Buyer's inspection activities and document review. The Buyer's indemnification obligation shall survive cancellation or Closing of this Agreement. Seller shall provide to Buyer (or provide reasonable access) to any plans and specifications surveys, and studies it may have in its possession or control relating to the real property at the time the contract is executed. Buyer's right to inspect and enter onto the real property during the Inspection Period is expressly conditioned upon Buyer's covenant to protect the Seller from the filing of any 2013 02 04 Schmier Contract Q Clean Page 16 of 20 liens against the real property. In the event that any claims of lien are filed against the real property as a result of labor or services performed or materials furnished to the real property which are requested or ordered by Buyer, the Buyer shall either pay the sum claimed by the lienor or bond such claim of lien in the manner permitted by law within five (5) business days after Buyer receives written notice of the existence of the lien. This Buyer obligation shall survive cancellation of this Agreement. From the Effective Date through Closing Date, Seller shall maintain the Unit in its AS IS condition, reasonable wear and tear accepted. Buyer, at its sole cost and expense, shall return the condition of the real property to the condition which existed at the time of the Effective Date of this Agreement at the conclusion of any inspections it performs. This obligation shall survive the cancellation of this Agreement. Notwithstanding anything in the contrary contained in this Contract which entitled Buyer to receive the return of its Deposit, the Seller shall be entitled to retain the Deposit, or portion thereof, in the event and to the extent Buyer fails to comply with its indemnification and restoration obligations contained in this Section of the Contract. 13.3 Governing Documents. During the Inspection Period, Seller and Buyer shall negotiate the terms, covenants, conditions, and other requirements contained in the Declaration and other instruments which are necessary to define the Buyer's use rights in the real property, including license and easement agreements with respect to appurtenances to the Unit, such as parking spaces, storage areas, air conditioning and heating areas, venting, and garbage collection area. Prior to the expiration of the Inspection Period, Seller and Buyer shall enter into the required license and easement agreements, and agree to the form and substance of the Declaration, proposed operating budget for the Garage. The form and substance of each of the above described documents shall be satisfactory to the Seller's and Buyer's counsel, respectively, in their sole and absolute discretion. In the event Seller and Buyer fail to agree upon the form and substance of the aforedescribed documents before the expiration of the Inspection Period, then either Seller or Buyer may cancel this Contract by delivering to the other party written notice of cancellation within fourteen (14) calendar days after the expiration of the Inspection Period, whereupon the Deposit and accrued interest, if any, shall be promptly be paid to Buyer. Notwithstanding anything to the contrary in this Section 13.3, Buyer acknowledges that the Unit is located within the Seller's public parking garage and that the upper boundary limit of the Unit also serves as the second floor of the Garage on and upon which there will be public vehicular and pedestrian access and traffic. Buyer agrees that, at minimum, the following use restrictions will be included in the Declaration. 1. Buyer's use of the Unit shall be restricted to any use permitted by the applicable zoning code and occupancy regulations imposed by governmental authority, unless otherwise agreed upon by Buyer and Seller. However, Seller makes no representation or warranty that the Unit can be utilized in the manner which is contemplated by Buyer and such use shall be subject to all applicable governmental rules, laws, regulations and ordinances. 2. The times of operation of the Buyer's business and deliveries to the Unit shall be regulated to protect the peaceful and quiet enjoyment of adjoining property owners, 2013 02 04 Schmier_Conhwt Q Clean Page 17 of 20 consistent with applicable governmental rules, laws, ordinances, and regulations. 3. Buyer shall have no right to use the name "Old School Square" except to identify the physical street address of the Unit. 4. Buyer's use of and activities in the Unit and Garage shall not, directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. 5. Buyer to be provided with the permanent right to fifteen (15) assigned parking spaces and twenty -five (25) parking passes in the Garage, such rights to run with the land and be incorporated with the ownership of the Unit. 13.4 This Contract is contingent upon the Seller's determination during Inspection Period, through the opinion of Seller's bond counsel, that the covenants, terms, conditions, and responsibilities contained in this Contract and the documents referenced in Section 13.3 of this Contract, shall not cause, either directly or indirectly, cause the bonds which were utilized by Seller to finance the Garage to lose their present exemption or qualified status. In the event Seller determines that any of the aforedescribed agreed upon conditions, restrictions, covenants, responsibilities or obligations will, directly or indirectly, the bonds to lose their exemption or qualified status, then Seller, at Seller's option, may cancel this Contact by delivering to Buyer written notice of cancellation during Inspection Period and returning Buyer's Deposit in full. 13.5 This Contract is contingent upon Buyer providing the Creative City Collaborative the ability to occupy the approximate 5,400 square feet currently being used by the Arts Garage, for a 10 year period from closing date. This will be accomplished through a mutually acceptable lease to be entered into between the Tenant and Landlord. In addition, the Lease will provide an Option to Purchase for the tenant at the end of ten years. Evidence of such Lease with Option to Purchase will be provided by Memorandum or other document executed by Landlord and Tenant. 14. Buyer represents the it has the authority to enter into this Agreement, and the financial ability of its principals to close this transaction in accordance with its terms, and it has been properly organized and is in good standing as a Florida corporation. '16. Any notice, request, demand, instruction or other communication to be given to either party hereunder, except where required to be delivered at the Closing, shall be copied as set forth below: Seller: R. Brian Shutt, Esq. City Attorney City of Delray Beach 200 N. W. 1St Avenue Delray Beach, Florida 33444 Telephone: (561) 243 -7091 Facsimile: (561) 278 -4755 2013 02 04 Schmier_Contract v2 Clean Page 18 of 20 With a copy to: Steven D. Rubin, Esq. 980 North Federal Highway, Suite 434 Boca Raton, Florida 33432 Telephone: (561) 391 -7992 Facsimile: (561) 347 -0828 e -mail: rubinlawflorida.com Buyer's Counsel: Jeffery Deutch Corporate Centre of Boca Raton 7777 Glades Road Suite 300 Boca Raton, FL 33434 Tel: 561.483.7000 Fax: 561.483.7321 Email: jdeutch @broadandcassel.com With a copy to: Robert Schmier, President S & F Acquisitions, Inc. 2200 Butts Road Suite 300 Boca Raton, Florida 33431 Tel: 561- 483 -8400 Fax: 561-482-0181 Email: bschmier @sfrealty.com (THE REMAINDER OF THIS PAGE INTENTIANALLY LEFT BLANK) 2013 02 04 Schmier Contract v2 Clean Page 19 of 20 IN WITNESS WHEREOF, the Parties have executed this Contract on the dates set forth under their respective signatures. SELLER: Witness Witness Witness Witness CITY OF DELRAY BEACH, Florida Municipal Corporation M NAME TITLE: Address: 200 N. W. I" Avenue Delray Beach, Florida 33444 (561) Date: BUYER: S & F Acquisitions Inc. a Florida corporation Robert J. Schmier, President Date: January 31, 2013 2013 02 04 Schmier_Contract v2 Clean Page 20 of 20 MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 8, 2013 SUBJECT: AGENDA ITEM SP.2 - SPECIAL/WORKSHOP MEETING OF FEBRUARY 12, 2013 CONSULTING SERVICES/ 2013 MUNICIPAL ELECTION: EDUCATIONAL COMMUNICATION SERVICES ITEM BEFORE COMMISSION The item before Commission is consideration of a proposal to provide educational communication services related to various proposed Charter Amendments as well as the proposed Economic Development Property Tax Exemption. Additional information for this agenda item will be provided to the Commission early next week. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 8, 2013 SUBJECT: AGENDA ITEM WS.1 - SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 PRESENTATION ON CRIME STATISTICS ITEM BEFORE COMMISSION The item before the Commission is an update on crime statistics. 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Brian Shutt, City Attorney DATE: February 7, 2013 SUBJECT: AGENDA ITEM WS. 2 - SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 PROPOSED REVISIONS TO THE NOISE ORDINANCE ITEM BEFORE COMMISSION The attached ordinance proposes revisions to Chapter 99 "Noise Control ". BACKGROUND This ordinance is before the Commission for discussion of proposed revisions to the following sections of Chapter 99 "Noise Control ": 1. Section 99.02 "Definitions" This section has been updated to remove the definitions "Commercial area" and "Industrial area" because the chapter does not contain any express regulations governing these areas. Secondly, the definition of "offense" has been moved to Section 99.08 "Penalty" (see below). Finally, the definition for "Violator" has been revised to add "law enforcement officer" as person who has the authority to cite a violator of Chapter 99 "Noise Control ". 2. Section 99.03 "Loud and Unnecessary Noises Prohibited" o Subsection(A)M: "Radios, televisions, musical instruments, loudspeakers, etc" This section has been updated to reflect feedback from stakeholders. On December 17, 2012 representatives from the City attended a meeting with representatives from the DDA, the Chamber of Commerce, city merchants, restaurant owners, and the public. At this meeting, these stakeholders suggested changes to this section to allow for a uniform approach to distance requirements. Under the proposed revision, noise that is plainly audible at 100 feet from the property line, regardless of location of the source, shall be prima facie evidence of a violation. A diagram displaying how the distance is measured has been added for additional clarification. In addition, restaurant owners asked for the plainly audible standard to be applied only from 11 p.m. to 7 a.m. In a subsequent meeting, some restaurant owners have asserted that the standard should be applied later on weekend nights (from midnight or 1 a.m. on Friday and Saturday nights). It should be noted that the proposed revision of 99.03(A)(1)(a) now exactly tracks the language of the Miami Beach noise ordinance, which has been upheld as constitutional by the Eleventh Circuit Court of Appeals (see DA Mortgage Inc. v. City of Miami Beach, 486 F.3d 1254, 1 lth Cir. (2007)). o Subsection (A) (4) "Construction" This section has been revised so as to prohibit unreasonable or excessive vibration caused by commercial construction activities. o Subsection (A)(8) "Vibration" This section has been revised to indicate that vibration that is "unreasonable" will be a violation. This change was made to make the standard for vibration consistent with the standard for noise. 3. Section 99.04 "Exemptions ", Subsection (C) This section has been revised to remove the option to obtain a temporary emergency exception. This change is intended to streamline the temporary permit procedures available to the City Manager. 4. Section 99.05 "Temporary permits ", Subsection (A) "Requirements and Procedures" This section has been revised to expressly provide for special events that take place on public property and for temporary events that take place on private property. Under the present Noise ordinance, the City Manager has the authority to issue permits for these kinds of events. Under the proposed revision, the availability of permits for these events is expressly stated. 5. Section 99.06 "Notice of Violation" This section has been deleted in its entirety. The process to address violations of the Noise ordinance is now fully described in Section 99.08 "Penalty ". 6. Section 99.07 "Abatement Orders" This section has been deleted in its entirety. Section 99.08 "Penalty" now directs readers to Chapter 37, which describes abatement procedures in detail. 7. Section 99.08 "Penalty" This section has been revised to indicate that there are two procedures available to enforce the Noise ordinance. Subsection (A) describes the process for a civil citation. Subsection (B) describes the process for a notice of violation. The maximum fine allowed for a repeat violation under a civil citation is $500. In contrast, the maximum fine allowed for a repeat violation under a notice of violation is $5000 upon a finding of guilt by the code enforcement board. The procedure described in Subsection (B) is available to address violators who have had excessive repeat violations within a calendar year. Under Subsection (B), the maximum fine for a second violation under a notice of violation has been changed to $500 to be consistent with the maximum fine allowed for a second violation under a civil citation. RECOMMENDATION The City Attorney's office recommends City Commission discretion. ORDINANCE NO. XX -13 WHEREAS, excessive sound is a serious hazard to public of life; and, WL , safety and quality NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. T ecitations set forth above are incorporated herein. Section 2. That apter 99 "Noise Control" shall be amended by repealing it in its entirety, and enacting a new Chapter 99 "Noise Control" as follows: Sec. 99.01. - SCOPE. This Chapter shall apply to the control of all sound and vibration originating within the limits of the City. Sec. 99.02. - DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Amplification device. Any instrument, machine, or system, which by electronic means augments sound by increasing the sound level or volume. Amplified sound. Sound augmented by any electronic means that increases the sound level or volume. MINE - - -- -- � One day. A 4 -hour period from noon to noon. Premises. Any real property or parcel of land, including the buildings, structures or other improvements thereon. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R -1 -AAA; (2) R -1- AAA -B; (3) R -1 -AA; plainly audible at a distance of 100 feet from the boundaries of the property surrounding the building, structure, or vehicle in which device is located shall be prima facie evidence of a violation of this section. The 100 -feet distance shall be measured in a straight line from an3point on the property line of the sound source as shown in the accompan3�ing illustration. Prope y Line Sound a Source Pro0er#y Line" � a the noise source is located in a building or other structure, the [nt, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. nvi- mr, 11 ®® ®®® IMIMMEEM MENEM ®MEN MEN Emil mom No the noise source is located in a building or other structure, the [nt, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. (3) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound. (4) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration. (a) The provisions of subsection (A) (4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty -four (24) hours a day in conjunction 4th construction ork. Subsection (A) (4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has be issued pursuant to Section 99.05. unreasonably loud or xcessive sound. (6) Refuse Collection TVe Ncles. No person shall collect refuse with a refuse collection vehicl between the ours of 7:00 p.m. and 6:00 a.m. Stationag Mecbanz Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A) (4) (a) of this Section), motors, fans, compressors, powered -fools or similar devices, air conditioning or air - handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. (8) Vibration. Operating or permitting the operation of any device on a property. inAing bass emanating from audio speakers, so as to produce vibration that is unreasonable. (9) Stationary Nonemergency Signaling Derices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (10) Emergency Signaling Devices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A) (10) (b) of this Section. (14) Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. Sec. 99.04. - EXEMPTIONS. The provisions of this Chapter shall not apply to: (A) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles; (B) Parades, fireworks displays, and other activities for which a permit has been obtained from the City Manager or his /her designee pursuant to Section 99.05, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of the permit; or (C) The emission of sound in the performance of an activity for which, pursuant to this Chapter, the City Manager has expressly given a feffipefftfy, temporary permit pursuant to Section 99.05. dw Sec. 99.05. - TEMPORARY PERMITS. (A) Regnireme sand proce ures. The Ci anager or his or her designee is authorized to issue a temporary permit to allow noise whe duced by a temporary use or special event is a non - routine happening or social activi , bringing people together in a defined area on City facilities, right of wad, or private property which requires City services to ensure safety and coordination. Special events include, but are not limited or activities on private property which do not significantly endanger the health, safety or welfare of the community, but which may be in technical violation of the requirements of this section, a temporary permit may be issued to permit noise produced by the event. Temporary events include, but are not limited to, store openings, outdoor markets, carnivals, etc. (3�) Code compliance in progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this Chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be granted for a period of time not to exceed ten (10) consecutive days. (4-2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with Section 99.03, notwithstanding that all equipment is operated in accordance with manufacturer's specifications, is in good repair and utilizes all noise baffling methods as specified by the manufacturer. (a) The City Manager may authorize any necessary construction activities to occur earlier and /or later than normally allowed based upon a finding that: 1. There are no reason ble alternatives; (b) tenants. (B) Uio of temporary permit. Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in Section 99.08. (C) Revocation of temporary permits. Any temporary permit may be immediately revoked if the City Manager finds that an emergency condition exists involving serious danger to the public health, safety, or welfare; if the permit holder failed to disclose or misrepresented material information in the permit application or in the permit application process; or that there was a failure to comply with any condition of a particular temporary permit. (D) The issuance of a temporary permit is a privilege and does not constitute a right or expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not constitute or be deemed precedent for the granting of any future permits. (E) Appeals. Appeals of the decision of the City Manager or his /her designee shall be made to the City Commission by submitting the appeal in writing to the City Clerk within ten (10) days of the denial. Decisions of the City Commission shall be final subject to appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County. - - - -- - -- - - - - -- - -- MEN No With the fthfffeffient er-t�. ID MUL Sec. 99.08.— NOTICE OF VIOLATION /PENALTY. citation for a violation of this Chapter pursuant to the procedures and amounts listed in Section 37.45 of this City's Code of Ordinances. Each violation shall constitute a separate instance for which a separate fine may be imposed. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. A violation shall be deemed to have occurred on the date that the incident that was the basis for violation occurred. A violation occurring twelve (12) months after the last violation shall be treated as a first violation for purposes of incurring new fines and penalties. B) A code enforcement officer or law enforcement officer may issue a notice of violation of this Chapter and initiate enforcement proceedings to be heard by the code enforcement board pursuant to the procedures listed in Section 37.36 of this City's Code of Ordinances and in accordance with the amounts listed below: (1) If the offense is the first offense to come before the code enforcement board, a maximum fine of $250.00 may be imposed upon a finding of guilt by the code enforcement board. - -- - - - - - - - --- - - - -- - - - - - - oi�o��n�� nm�. ��r •�u��i��.nnioine��s��ii�s- With the fthfffeffient er-t�. ID MUL Sec. 99.08.— NOTICE OF VIOLATION /PENALTY. citation for a violation of this Chapter pursuant to the procedures and amounts listed in Section 37.45 of this City's Code of Ordinances. Each violation shall constitute a separate instance for which a separate fine may be imposed. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. A violation shall be deemed to have occurred on the date that the incident that was the basis for violation occurred. A violation occurring twelve (12) months after the last violation shall be treated as a first violation for purposes of incurring new fines and penalties. B) A code enforcement officer or law enforcement officer may issue a notice of violation of this Chapter and initiate enforcement proceedings to be heard by the code enforcement board pursuant to the procedures listed in Section 37.36 of this City's Code of Ordinances and in accordance with the amounts listed below: (1) If the offense is the first offense to come before the code enforcement board, a maximum fine of $250.00 may be imposed upon a finding of guilt by the code enforcement board. (2) If the offense is the second offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $500.00 mad be imposed upon a finding of guilt by the code enforcement board. (3) If the offense is the seeend third offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $1000.00 may be imposed upon a finding of guilt by the code enforcement board. (43) If the offense is the thifd fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $3000.00 may be imposed upon a finding of guilt by the code enforcement board. (54) If the offense is more than the thifd fourth offense to come before the code enforcement board within th preceding 12 months, a maximum fine of $5000.00 may be imposed upon a fia& of guilt by the code enforcement board. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: February 8, 2013 SUBJECT: AGENDA ITEM WS.3 - SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 DISCUSSION REGARDING PUBLIC COMMENTS ON AGENDAED ITEMS ITEM BEFORE COMMISSION The item before Commission is a discussion regarding public comments on agendaed items. BACKGROUND At the January 15, 2013 and January 31, 2013 Commission Meetings, the Commission requested that staff survey other municipalities regarding public comments on the agenda. Please find attached, for your review and discussion, a completed survey of 40 municipalities throughout Palm Beach, Broward and Miami -Dade Counties. RECOMMENDATION Commission discretion. Municipality Public Comment Survey Municipality Time Length for Comments Sections Public can comment on 1. Atlantis No Time Limit All 2. Bay Harbor Islands 3 minutes Regular Agenda /Public Hearings 3. Belle Glade 3 minutes /10 minutes for Consent /Regular /Non- Agenda Presentations Items 4. Village of Biscayne Park 3 minutes At beginning and end of meeting S. Boca Raton 5 minutes Consent /Public Hearing /Specific time for Public Requests 6. Town of Cloud Lake 3 minutes Throughout entire meeting on agenda items and at the end for items not listed on the agenda 7. Key Colony Beach 3 minutes At the end of the meeting 8. Coral Springs 3 minutes Prior to Consent Agenda strictly for Consent Agenda items /Time certain for public comment on any other issue 9. Deerfield Beach 4 minutes Beginning of Meeting for written requests /Public Hearings /End of meeting after Commission Comments 10. Greenacres No time limit Prior to agenda approval and after the Regular Agenda 11. Gulfstream No Time Limit At the end of agenda 12. Hallandale Beach 3 minutes Regular /Public Hearings /Consent only if there is anyone in the audience wishing to speak, the item is then pulled for comment 13. Juno Beach 2.5 minutes Regular Agenda 14. Jupiter 3 minutes First item on agenda 15. Lake Park 3 minutes Agenda Items and items that do not appear on the agenda 16. Key West 3 minutes Any item on the agenda and at the end for any item they wish 17. Lantana 5 minutes On every item and multiple times on the same item if they wish 18. Lauderdale -By- The -Sea 3 minutes Public comments portion of the agenda and ordinances /second reading 19. Lake Worth 2 minutes Non- Agendaed Items, New Business, unfinished business and public hearings 20. Lighthouse Point 3 minutes End of Meeting 21. Miami Beach 2 to 3 minutes Any item 22. Miami Gardens 2 minutes Public Hearings /Public Comment 23. Village of Miami Shores 5 minutes Public Hearings /Public Comment Municipality Public Comment Survey 24. Miami Springs 5 minutes Open Forum Section on any item they want 25. North Lauderdale 3 minutes Public Hearings /Public Discussion 26. North Miami Beach 3 minutes Public Comment /Public Hearings 27. North Palm Beach 3 minutes Public Comment on Consent and items not on agenda at the beginning of the meeting /Comment is taken on agenda items as the items come up for discussion 28. Oakland Park 4 minutes Public Hearings /Public Comment 29. Ocean Ridge 3 minutes Public Hearings /Public Comment 30. Palm Beach 3 minutes Public Comment /Regular Agenda Items 31. Palm Beach Gardens 3 minutes Public Comment /Public Hearings /Resolutions 32. Pembroke Pines 3 minutes Every Item for Items on the agenda /Public Comment Section 33. Pompano Beach 3 minutes Regular Agenda Items 34. Riviera Beach 3 minutes All items except Consent Agenda 35. Sanibel 3 minutes All items on the agenda as well as at the beginning and end of meeting for items not on the agenda 36. Sunny Isles Beach 3 minutes Citizen's Forum at the end of the meeting. 37. Tamarac 3 minutes Public Hearings /Public Comments 38. Village of Palm Springs 3 minutes Public Hearings /Public Comment 39. Village of Royal Palm No Time Limit Public Comment is allowed for Beach any item on the agenda and at Public Comment section for anything not on the agenda 40. Wilton Manors 3 minutes Any subject or matter MEMORANDUM TO: Mayor and City Commissioners FROM: James Scala, Ocean Rescue Superintendent Linda Karch, Director of Parks and Recreation THROUGH: Douglas E. Smith, Interim City Manager DATE: February 7, 2013 SUBJECT: AGENDA ITEM WS.4 - SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 DISCUSSION REGARDING SMOKING ON THE BEACH ITEM BEFORE COMMISSION This item before Commission is in response to the concerns related to the City Ordinance Sec. 101.36, (H) Smoking. BACKGROUND City Ordinance Sec. 101.36, (H) Smoking states: "Smoking at the muncipal beach is prohibited, except in designated posted smoking areas. Smoking is defined to include the carrying of a lighted pipe or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind." The topic of smoking on public beaches and in outdoor parks has recently presented legal issues and challenges to many local governments. Data concerning this issue was compiled by researching the ordinances and policies currently employed by other Florida beaches. A survey (see attached survey) was also conducted among the members of the Florida Beach Chiefs Association. This presentation will address the current issues to consider in the Prohibition of Smoking on Beaches. The three main topics to consider are: our current state law, proposal to amend state law, and enforcement of regulations. RECOMMENDATION Commission discretion. Current Issues to Consider in the Prohibition of Smoking on Beaches Prepared by James Scala Superintendent City of Delray Beach Ocean Rescue Index Conflicts with State Law Page 2 Proposed Legislation to Change State Law 2 Enforcement of Smoking Ordinance 3 Identifying a Location for a Potential Smoking Area 4 Alternatives to Address Smoking Issues Without an Ordinance 4 Current Issues to Consider in the Prohibition of Smoking on Beaches Conflicts with State Law In a survey of Florida beaches Delray Beach was found to be the only local government agency to currently have an ordinance on the books which allows for designation of a certain area of the beach for smoking (Ordinance 66 -06 passed in 2006). In 2011, Florida Statute 386.209 "Regulation of Smoking Preempted reempted to State" was amended to provide that it "expressly preempts regulation of smoking to the State and supersedes any municipal or county ordinance on the subject." As other local governments have attempted to restrict smoking through ordinances, ensuing court judgments have established a legal precedence. In December 2012, Sarasota County Judge Maryanne Boehm ruled that the City of Sarasota violated Florida law when attempting to enforce a smoking ban at a public park. This ruling stated that the Legislature has been unambiguous about barring local governments from passing public outdoor smoking laws (City of Sarasota vs. Diane Bonilla, Case No. 2012 MO 12197 NC). Other cities such as Gulfport have recently faced lawsuits which challenge outdoor smoking ordinances that attorneys claim is "not legal" (Andy Strickland, Tampa Bay Times, February 8, 2012). Attorney General Pam Bondi and former Attorney General Charlie Christ have issued opinions declaring that only the Legislature can ban smoking in public places (Herald Tribune, January 8, 2013). Rather than defend the measure in court, cities such as Gulfport have decided to rewrite ordinances to avoid conflict with state law. Proposed Legislation to Change State Law Although current State statute may limit the municipal authority over outdoor smoking, there have been recent bills (House Bill 439) filed with the Florida Legislature which would amend this limitation. State Representative Bill Hager has introduced HB 439 for "authorizing municipalities and counties to impose additional smoking restrictions on specified municipal and county property." House Bill 439 amends the preemption under current Florida statute by adding "A municipality may impose additional smoking restrictions on outdoor municipal property with designated smoking areas." (Florida House of Representatives, Bill 439). HB 439 was introduced on January 22, 2013 and is now in the Health Quality Subcommittee. A similar bill has been filed in the Florida Senate by State Senator Rob Bradley. While these bills appear to have the support of constituents and local governments, the probability of passage into law in unknown. In recent years the Legislatures in Louisiana, Illinois and Delaware have changed laws to give local governments authority to pass bans on public smoking. Previous attempts to give local governments this authority in Florida have fallen flat. (Herald Tribune January 22, 2013). 2 Enforcement of Smoking Ordinance If the City of Delray Beach were to pursue the enforcement of a smoking ordinance the most important consideration would be how to effectively enforce compliance with such an ordinance. Previous discussions on this topic have usually looked upon Ocean Rescue Lifeguard EMT's as a mode of enforcement. The Lifeguard EMT's of the Ocean Rescue Division are already responsible for the enforcement of beach ordinances such as the restriction of ball games and other activities which present potential hazards and liability if not regulated to some extent. While some may successfully debate that smoking also presents a potential health hazard it must be considered whether public safety would be enhanced or jeopardized by giving Ocean Lifeguards the additional responsibility and distraction to the constant surveillance required for quick response and prevention of harm caused by frequent immediate hazards such as rip currents, marine life, boat traffic, lightning, shore break, large surf, medical issues caused by heat exposure, and a myriad of others. The Lifeguard EMT's of our Ocean Rescue Division are trained, certified, authorized, and required to provide public safety services. Delray Beach Ocean Rescue is certified as an "Advanced Lifesaving Agency" by the United States Lifesaving Association which ensures compliance with standards for ocean rescue agencies. The United States Lifesaving Association standards for surveillance state "Because of the suddenness of aquatic emergencies, safe swimming areas should be scanned completely at least every 30 seconds." (United States Lifesaving Association Manual, P. 147). Additional responsibilities such as smoking enforcement detract from the ability to ensure compliance with essential duties such as meeting these minimum surveillance standards. As beach population has nearly doubled in the last decade, Ocean Rescue has maintained the same level of staffing while responding to twice as many patron inquiries, near drowning, and medical emergencies. Ocean Rescue also did 17,439 code enforcements and 79,157 public assists in 2012. Ocean Rescue takes pride in maintaining vigilance and meeting the challenges presented with increased patronage. These challenges of providing public safety, however, may become impossible to meet with additional impositions of enforcement on lifesaving staff. As EMT's, Ocean Rescue Lifeguards are also licensed by the State of Florida to provide medical care under the supervision of the same medical director utilized by our Fire Department. They are not licensed to enforce law. Another important consideration is compliance with the Collective Bargaining Agreement between the City of Delray Beach and Professional Firefighters/Paramedics of Palm Beach County. This agreement describes the duties of employment for Ocean Rescue as "duties deemed necessary by Supervision as related to the delivery of safety services at the Municipal Beach and Beach Parks." Smoking enforcement may not be related to the "delivery of safety services." As no Florida cities are currently legally enforcing a beach smoking ordinance, it is difficult to identify the most feasible means of enforcement. Public beaches in New Jersey have had to regulate smoking by hiring additional staff with the sole responsibility of enforcement. Many parks in New York also utilize rangers to ensure compliance with rules. Considering a budget for trained, part-time personnel or rangers dedicated to ordinance enforcement on the beach may be a practical and cost - effective means of enforcing an ordinance such as smoking without risk to safety or incurring the cost of utilizing extra law enforcement. Having these personnel available for special events such as the 4th of July and during the crowded spring break season could even help bolster customer service and public safety by limiting distractions to safety personnel and increasing the cities interaction with visitors. Identifying a Location for a Potential Smoking Area If a no smoking area were to be established, where should it be located and what is the best means to identify this location? Factors such as shifting wind and inconvenience to smokers and non - smokers with relocation to appropriate sections will cause potential objections regardless of where the smoking area is placed. Selecting an area that is centrally located and already heavily visited by smokers may help minimize potential complaints and inconveniences to all patrons. The central beach area adjacent to Atlantic Avenue is probably the most heavily visited area by smoking beach visitors. The proximity to the restaurants and bars may make it impossible to limit smoking here and lend this area as the best option to consider as a designated smoking spot The primary consideration may be to place smoking areas at the distal ends of the public beach, however, these areas are currently designated as "recreation areas" where ballgames and sports are allowed and frequently played. Smoking in this recreational, sports area is probably not the best option for either smokers or non - smokers. A centrally located smoking area also allows for a reasonable distance which smokers would need to travel when asked to relocate. Alternatives to Address Smoking Issues Without an Ordinance 1) Consider a self - regulated no- smoking policy such as Boca Raton. This is not an official ordinance so violation carries no penalty and it cannot be enforced but the public can be "asked" with signage to restrict smoking in certain areas. The City Attorney may be able to advise on the legality and appropriate wording on such signs if this is an option to be considered. Other cities such as Gainesville considered prohibiting smoking but opted to designate "areas as smoke -free zones as part of a voluntary, unenforceable program." (The Gainesville Sun, January 26, 2013). This alternative would spare the issue of man power enforcement but is not without potential pitfalls. Staffs of cities which have enacted voluntary programs have found them problematic as patrons expect the policy to be enforced as law while the staff cannot compel compliance. M 2) Increase efforts to enforce litter ordinances. 3) Continue distribution of ashtrays to limit cigarette litter on the beach. The City of Delray Beach has a "Litter Prevention Coordinator' who successfully obtained pocket ash trays through a grant program in the past. Ocean Rescue directed the cabana service to distribute these to smoking patrons which was done successfully until the supply of ash trays was depleted. 4) Continue requesting patrons to relocate when someone complains about smoking. 5) Employ beach cleaning methods to pick up cigarette butts. The current beach cleaning contractor does not currently possess and is not contractually obligated to have equipment capable of picking up this debris but is investigating a means and potential purchase or rental of equipment that is capable of performing this service. References Florida Beach Patrol Chief's Association Survey City of Sarasota v. Diane Bonilla, Case No. 2012 MO 12197 NC, County Ct. 12 Judicial Circuit in and for Sarasota County Hagar, Bill, House Bill 439, A bill to be entitled: An act relating to the regulation of smoking by municipalities and counties; amending s. 386.209, F.S. Valentine, Danny, "Smokers Light Up on Gulfport Beach to Protest Local Smoking Ban, 1 ampa Bay limes, February 8, 2012 Wallace, Jeremy, "Bills Would Bring Back Ban on Beach Smoking." Herald - Tribune Archive, January 22, 2013 Wallace, Jeremy, "County Can't Ban Smoking, Its Attorney Says." Herald - Tribune Archive, January 8, 2013 Watkins, Morgan, "Bill Would Allow Smoking Ban in Parks, Playgrounds." Gainesville Sun, January 26, 2013 Willis, Cherlene, "Lawsuit Challenges Smoking Ban" GulfportPatch, June 19, 2012 0 IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CITY OF SARASOTA, Plaintiff, V3. CASE NO. 2012 MO 12197 NC DIANE BONILLA, -� w. 3r1 Defendant ;.' r": .4 l rn ORDER GRANTING MOTION TO DISMISS This matter was before the Court on the Defendant's MotioiVfo Digmiss�.;A hearing on the motion was held November 30, 2012. The Court has reviewed the filings of the parties and heard argument of counsel, and was otherwise fully advised in the premises. The Defendant is charged with violating City of Sarasota Code Sec. 22 -6(h), which prohibits the use of tobacco products within a public park unless the use occurs in an area designated for tobacco use. A violator may incur criminal sanctions of up to a $500 fine and/or 60 days in jail. The Defendant contends that the charge should be dismissed since the regulation of smoking in Florida is expressly preempted to the State by Sec. 386.209, Fla. Stat. (2012).' This section is part of the "Florida Clean Indoor Air Act ", encompassing Sections 386.201- 386.2125, Fla. Stat. The City counters that it is unclear whether the Legislature intended to preempt to the State the regulation of a# smoking (i.e., both indoor and outdoor) or whether the preemption applies only to indoor smoking and, therefore, the City is free to regulate outdoor smoking. There is no case law directly -on point that construes the preemption provision at issue in this case. The Defendant cites several favorable legal opinions rendered by the Florida Attorney General on the subject. Although such opinions have no binding - precedential value, the Court finds. their reasoning to be sound and is persuaded that Sec. 386.209 constitutes an express and unambiguous statement of the Legislature's intent to preempt the regulation of all smoking, wherever located, to the State. Per the statute, City of Sarasota Code Sec. 22 -6(h) is superseded and unenforceable. It is, thereupon, 11 �u��il�ao�nm 386.204 Regulation of smoking preempted to state: This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property. ORDERED AND ADJUDGED that the Motion to Dismiss is GRANTED. DONE AND ORDERED in Chambers in Sarasota, Sarasota County, Florida, on this day of December 2012. Maryann B ehm, County Judge CERTIFICATE OF SERVICE I certify that a copy of the foregoing order was furnished by mail to Andrea Flynn Mogensen, Esq., 200 So. Washington Blvd., Suite 7, Sarasota, FL 34236 and John . Shamsey, Esq., 1 So. School Avenue, Suite 700, Sarasota, FL 34237, on this day of December 2012. By: Judicial Assistant F L O R I D A H O U S E O F HB 439 R E P R E 5 E N T A T E V E S 2013 1 A bill to be entitled 2 An act relating to the regulation of smoking by 3 municipalities and counties; amending s. 386.209, 4 F.S.; authorizing municipalities and counties to 5 impose additional smoking restrictions on specified 6 municipal and county property; providing an effective 7 date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 386.209, Florida Statutes, is amended 12 to read: 13 386.209 Regulation of smoking preempted to state. —This 14 part expressly preempts regulation of smoking to the state and 15 supersedes any municipal or county ordinance on the subject, 16 except that: g hewer__ =, 17 (1) A school district dlstElet& may further restrict 18 smoking by persons on school district property. 19 (2) A municipality may im ose additional smoking 20 restrictions on outdoor municipal ]2roperty with designated 21 smoking areas. 22 (3) A cogDt_y__may impose additional smoking restrictions on 23 outdoor county property with designated smoking areas. 24 Section 2. This act shall take effect July 1, 2013. Page 1 of 1 CODING: Words stkken are deletions; words underlined are additions. hb0439.00 Florida House of Representatives - HB 439 - Regulation of Smoking by Municipalities an... Page 1 of 2 Wednesday, February 06, 2013 Home Bills Documents Representatives Leadership Committees Calendars Legislative Tracking Broadcasts Public Guide News Alerts The 2013 Legislative Regular Session is March 5, 2013 through May $, 201$. Home Bills HB 439 HB 439 - Regulation of Smoking by Municipalities and Counties General Bill by Hager Regulation of Smoking by Municipalities and Counties: Authorizes municipalities & counties to impose additional smoking restrictions on specified outdoor municipal Et county property. Effective Date: July 1, 2013 Last Event: Now in Health Quality Subcommittee on Wednesday, January 30, 2013 5:36 PM Referred Committees and Committee Actions Mouse Referrals ' Health Quality Subcommittee Local Et Federal Affairs Committee - Health & Human Services Committee Related Bills Bill # Subject HI@ ,141 Florida Clean Indoor Air Act S8258 Florida Clean Indoor Air Act Bill Text Oriainal Filed Version Staff Analysis {None Available) Vote History (no votes recorded) Bill History Relationship Similar Similar v"0. 1 Event Time Member • Committee Now in Health Quality Subcommittee Wednesday, January 30, 2013 5:36 PM Health Quality Subcommittee Referred to Health & Human Services Committee Wednesday, January 30, 2013 5:36 PM Health & Human Services Committee Referred to Local & Federal Affairs Committee Wednesday, January 30,2013 5:36 AM Local & Federal Affairs Committee Referred to Health Quality Subcommittee Wednesday, January 30, 2013 5:36 PM Health Quatity Subcommittee Filed Tuesday, January 22, 2013 10:13 AM Hager lr: http: / /www.myfloridahouse.gov/ Sections /Bills/billsdetail.aspx ?Billld =49583 2/6/2013 Smokers light up on Gulfport Beach to protest local smoking ban - Tampa Bay Times Page 1 of 3 'Turbo7ax Keep more of your money. 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It's an I8- foot-long stogie local smoking ban By Danny Valentine, Times Staff Writer In Print: Wednesday, February 8, 21312 Faceboak 25 Tweet � �6 0 Email Share 31 St. Petersburg lawyer Andy G. Strickland led a group of smokers gathered Jan. 14 on Gulfport Beach to light up cigars and protest Gulfport's recently passed smoking ordinance. Click here for convenient home delivery. Want More Breaking News? Scoop ` Another excluslve @tampabay eom (0, GULFPORT — A small group of cigar aficionados met recently on Gulfport Beach and lit up their favorite smokes. Enjoying cigars was not the point. They were trying to get cited. Under a recently passed Gulfport ordinance, smoking on Gulfport Beach is banned. They were there to test the right of local government to enact smoking bans In public places, citing a state taw they say takes precedence. Because of legal technicalities, no one was ticketed that day, Jan. 14. But the dispute over who can institute smoking bans across the state Is far from settled. Roughly three dozen cities or counties have enacted local smoking ordinances on their outdoor property. But no one has ever challenged them in court. St. Petersburg lawyer Andy G. Strickland, who organized the Gulfport protest, wants to change that. "When you have a state statute that says the city cannot do something and http: / /www.tampabay. cominews/humaninterestlsmokers- light- up- on- gulfnort- beach- to- prot... 2/1/2013 Smokers light up on Gulfport Beach to protest local smoking ban - Tampa Bay Times Pinellas shelters then you have the city going ahead and fine -tune their doing It, that bothers me," he said. "It policies to better really does." serve transgendered ... people The controversy stems from the mid 1980s, when Florida became the first state to ellminate local control of smoking regulation. It happened with the passage of the Florida Indoor Clean Air Act, which contained a clause saying state laws superseded local laws. Since then, other states have passed pre- emption statutes and some have subsequently dropped them. But the F€arlda law remains intact and is one of the broadest. It survived a 2003 constitutional amendment that made all enclosed workplaces smoke free. There hasn't been much guidance from the courts. ,aovER7tSEMEN7 "How Men Lose Belly Fat" Celebrity Doctor Reveals the #1 'Pill' For Men's Weight Loss Controversy Over New Steroid Altemative Rare Plant Increases Muscie Growth 700 % - Unfair Advantage? story Tools P6ntlhisslcry E3 Pumhaserepdnts & Contact the editor CM Email Nmsletters In 2005, then - Attomey General Charlie Crist wrote a legal opinion affirming the state's control. "It would appear, therefore, that a city's attempt to regulate smoking by ordinance in any way other than that prescribed by the Legislature would be pre - empted and of no effect," he wrote. Attorney General Pam Bondi came to a similar conclusion in 2011 after the Legislature passed a bill that gave school districts the ability to restrict smoking on their property. Despite these legal opinions, which aren't binding, local governments have been passing ordinances regulating smoking in public places. More still have passed resolutions, said Deborah Shaffer, the tobacco prevention and control program manager at the Pinellas County Health Department. How does this happen? Nobody has challenged the ordinances in court That's where Strickland comes in. "I want this thing run through the courts so we either know it's effective or its not effective," he said. "I just don't want to have all these other jurisdictions passing legislation that's not legal." While numerous cities have passed local smoking ordinances, several others have considered the same but declined because of the presumed authority of the state statute. "It's questionable whether some of these ordinances would pass court challenge," said Paul Hull, vice president for advocacy and public policy for the American Cancer Society's Florida Division, citing the lack of case law. 'The question would be moot if the (Florida) Legislature did the right thing and gave cities and counties the right to govern their own jurisdiction." Lawmakers have introduced bills in the Florida House and Senate this session that would address the disparity. The bills would give counties and municipalities the ability to regulate smoking on their property. "It's really a question of home rule," said Rep. Kathleen Passidomo, R- Naples, who sponsored the House bill. "By pre - empting smoking, it takes away the ability for any municipality to regulate smoking on its property. Counties and cities should have the right to deal with their own smoking." The Senate bill, which isn't as broad, passed 7 -0 through the Health Regulation committee and is in the Community Affairs committee. The House bill hasn't made any progress. Backers, Including health groups and lobbyists for cities and counties across Florida, aren't too hopeful for the bills. "It doesn't appear to be getting a lot of traction at this point, which Is unfortunate," Hull said. Similar bills died In committee last session. (Last modified: Feb 07, 2012 09:17 PM] Copyright 2032 Tampa Bay Times 0 0 0 0 0 Important 9 Inspiring ® Sad ® Angry ® LOL Join the discussion: Click to view cornrttentsr add yours Page 2 of 3 IN Windows lh�One >zeur�urPlossterd L7hl f!c!$ x http: / /www.tampabay. cominewslhumaninterestlsmokers- light- up- on- gulfport- beach -to- prot... 2/1/2013 Bills would bring back ban on beach smoking 0 A month after a Sarasota County court decision essentially struck down the ban on smoking at beaches and parks, the Florida Legislature is weighing a pair of bills that would give local governments authority to prohibit smoking in outdoor areas. HERALD- TRIB UNE ARCHIVE / 2004 / MIKE LANG By Jeremy Wallace Published: Tuesday, January 22, 2013 at 6:03 p.m. Last Modified: Tuesday, January 22, 2013 at 6:03 p.m. Sarasota County's ban on beach smoking has a glimmer of hope for revival. A month after a Sarasota County court decision essentially struck down the ban on smoking at beaches and parks, the Florida Legislature is weighing a pair of bills that would give local governments authority to prohibit smoking in outdoor areas. "This is so logical and so in the interest of public health," said Sarasota County Commissioner Nora Patterson. But history shows the idea has a long way to go to become law. Past attempts to give local governments authority to regulate smoking at beaches and in parks have fallen flat in a Republican- dominated Legislature leery of appearing to infringe on smokers' liberties. The GOP sponsors of the two new bills say they worry about the rights of nonsmoking taxpayers to enjoy parks and beaches with their children without fear of secondhand smoke. "Exposure to toxins in second -hand smoke can cause serious health issues such as asthma, cancer and heart disease, but that exposure can be prevented," state Rep. Bill Hager, R- Delray Beach, said in a statement supporting his bill. State Sen. Rob Bradley, R -Orange Park, has filed a similar bill in the Florida Senate. Sarasota County officials were stunned to learn earlier this month that their nearly five-year-old ban on smoking on public beaches was unenforceable after a court decision against the city of Sarasota. In December a Sarasota County judge ruled that the city of Sarasota had violated Florida law when it tried to arrest a homeless woman for smoking at a public park. In her ruling, County Judge Maryanne Boehm said the Legislature has been unambiguous about barring local governments from passing public outdoor smoking laws. Boehm was referring to 2003, when the Legislature passed a law creating smoke -free restaurants and workplaces. Included in that law was a line declaring that only the Legislature could ban smoking in parks and beaches — nullifying county and city ordinances against outdoor smoking. Though Boehm's ruling was directed at the city, it serves as a legal precedent, also nullifying Sarasota County's and Venice's bans on beach smoking. It also puts other cities and counties on notice that their laws would also likely be unconstitutional if challenged in court. As a remedy, Sarasota County officials have turned to the Florida Association of Counties and the Florida League of Cities to help prod the Legislature to rescue their smoking bans by passing a new law declaring them legal. The American Cancer Society has joined the fight, declaring its support for Hager's House Bill 439. The early work being put into the issue is giving anti - smoking groups hope. "This year it has more momentum than it has in the past," said Cragin Mosteller, director of communications for the Florida Association of Counties. Hager is a key player because of his experience dealing with the state's smoking law. In 2011, the Palm Beach County Republican, who is in his second term, successfully amended the state law to assure that school districts could block smoking at their facilities. "This allows local government the option to create non - smoking outdoor areas," Hager said. "It does not mandate a smoke -free outdoor Florida, but puts the power into the local government to make the decision." Sarasota County tourism officials have worried that unfettered smoking on the county's beaches could endanger the region's reputation among smoke -free tourists. A countywide smoking ban was a critical component to Siesta Key's beach being ranked No. 1 in the nation in May 2011 — a designation that brought tens of thousands of visitors to the area and invaluable promotional value for the area. Patterson said she worries that eliminating the smoking ban at public beaches will result in more smoking and more cigarette butt litter. She said Siesta Key's status as the nation's top beach is predicated at least in part to the cleanliness of the sand. "If you have a beach that isn't clean, you can have all the white sand you want, but it's still going to look pretty disgusting," Patterson said of the impact of more cigarette litter. County can't ban smoking, its attorney says Al Kertesz smokes a cigarette at Five Points Park in Sarasota in 2011. HERALD - TRIBUNE ARCHIVE / 2011 / DAN WAGNER By Jeremy Wallace Published: Tuesday, January 8, 2013 at 12:40 p.m. Last Modified: Tuesday, January 8, 2013 at 12:40 p.m. SARASOTA COUNTY - All those "No Smoking" signs at county beaches and parks are flat -out wrong, It turns out. C Sarasota County discovered Tuesday that it is powerless to stop smoking at public beaches, parks, youth sports fields or even in front of public libraries despite years of passing laws to the contrary. County attorney Stephen E. DeMarsh told county commissioners that the nearly five -year -old law banning smoking on public beaches is likely unenforceable, as is the roughly $100 fine that can come with each violation. Dozens of other smoking bans passed by local governments around Florida also could be in jeopardy. "Something doesn't make sense here," County Commissioner Charles Hines said. "Can you imagine a coach sitting in a Little League dugout smoking a cigarette with little 8- year -old kids running around ?" Hines said the county should have the final say over what is allowable at county -run parks. But DeMarsh said a recent court decision striking down Sarasota's ban on smoking in public areas set key case law that essentially invalidated local public smoking bans. In that December decision, Sarasota County Judge Maryann Boehm ruled that the city's tough new ordinance banning smoking in public parks was unenforceable, and that regulating smoking is a task left solely to the Legislature. Boehm said the Legislature's statutes on the matter are unambiguous and show lawmakers clearly intended to maintain authority over all smoking laws. The issue is rooted in a 2003 Florida law that created smoke -free restaurants and workplaces. While the law banned smoking in workplaces, it also declared that only the Legislature could ban smoking in other places, such as parks and beaches. Even so, dozens of counties and cities have passed smoking bans for public beaches and parks, ignoring the legislation and years of warnings from Florida's past attorneys general. "The plain language of this preemptory provision makes it clear that the Legislature has directed that the state, not local governments, regulates smoking wherever it may occur," then - Florida Attorney General Bill McCollum wrote in a 2010 opinion. Current Attorney General Pam Bondi and former attorney general Charlie Crist have issued similar opinions declaring that only the Legislature can ban smoking in public places. Although scores of Florida cities and counties have since passed smoking bans at beaches and parks, they are most likely unenforceable because of the 2003 act, says Americans for Nonsmoker's Rights, a national advocacy group that has been warning local governments for years about Florida's loophole. "The implications are that the poor localities don't have local authority to pass smoking laws that their communities want," said Cynthia Hallett, the group's executive director. The only option is for Florida residents to press the Legislature to change the law and give local governments authority to pass public smoking bans, as Louisiana, Illinois, Delaware and other states have done in recent years, Hallett said. "The bad news is you have this case law now," Hallett said. `But the good news is that it gives cities more impetus to lobby the Legislature to restore local control." The ruling against Sarasota County already is having an impact beyond its borders. In Gulfport in Pinellas County, city officials are altering their ban on beach smoking after an attorney there challenged the ordinance last year. Rather than defend the measure in court, the city is rewriting it to avoid conflicting with state law. "This is a bigger issue than smoking or not smoking," said Andy G. Strickland, who led the lawsuit against Gulfport. "To me this is about the size and scope of government." Strickland, a cigar smoker, said local governments are overstepping their bounds by banning smoking on public beaches and parks when the Legislature has clearly prohibited them from enacting such restrictions. He said if governments are worried about litter, they should pass laws banning litter, not banning a legal activity like smoking. Strickland said smokers have been trying to fight the local laws in court to create case law, but most times, cities and counties were not "stupid enough" to defend their unconstitutional laws in court. Then came Sarasota County, which lost its case in December and is considering an appeal. County officials say they will turn to the Legislature and try to convince lawmakers that local governments need authority to enact smoking bans for beaches and parks. "It's a public health issue," County Commissioner Joe Barbetta said. What is frustrating is that the Legislature amended the law years ago to give school districts the authority to ban smoking near schools, but did not give counties the authority to protect those same students at public libraries or parks, he said. "I don't think the public knows we've lost our ability to enforce these laws," Barbetta said. State Rep. Doug Holder, R Sarasota, said he has heard nothing about the issue for the last two years in the Legislature. Holder said he is open to discussing the issue, but has heard nothing so far to suggest it is a top priority for 2013. Commissioner Carolyn Mason said she is hopeful the Legislature will give counties the authority to pass tougher smoking bans. "It's not a good thing for the state Legislature to undermine the authority of local governments," Mason said. Staff writer Zac Anderson contributed to this report. J) e s Bill would allow smoking ban in parks, playgrounds By Morgan Watkins Staff writer Published: Saturday, January 26, 2013 at 5:18 p.m. Last Modified: Saturday, January 26, 2013 at 5:18 p.m. The city of Gainesville can't legally ban smoking in the Bo Diddley Community Plaza, but a new bill introduced in the Legislature aims to give it that power. State Sen. Rob Bradley, whose district includes Alachua County, has introduced a Senate bill, SB 258, that would give cities and counties the ability to adopt ordinances that further restrict people from smoking on their property. The bill would give local governments control over smoking regulations in their communities by removing a pre - emption in the Florida Clean Indoor Air Act that forbids such ordinances. "The goal of the legislation is simple: When I take my kids to a public park or playground, I would like to do so without there being cigarette butts and smoking occurring in the park or playground," Bradley said. Eliminating the pre - emption would give cities and counties the ability to restrict smoking in those areas. The benefit is twofold because it protects the health of children and other residents enjoying a city- or county -owned park and also diminishes the littering problem posed by discarded cigarette butts, Bradley said. The bill would allow local governments to use their discretion when deciding if anti- smoking ordinances are beneficial to their respective communities. "What is good for Gainesville may not be good for Apalachicola," Bradley said. "This will allow each community the flexibility to tailor the smoking restrictions in their parks to the needs of the local residents." The measure, if passed, would provide an additional home rule function for county and city governments. Bradley, an attorney with expertise in local government law, considers smoking regulation an area where home rule should be respected. The city of Gainesville considered prohibiting smoking in Bo Diddley Community Plaza and its other parks last year, but ultimately decided to place signs there designating the areas as smoke - free zones as part of a voluntary, unenforceable program. Gainesville City Commissioner Randy Wells said the signs have already had a positive impact, partly by helping people feel more comfortable talking to those who are smoking at parks. "People have said to me just having the sign there has made folks feel empowered to say, `Please don't smoke,'?" he said. Wells said he would be willing to revisit the idea of an anti - smoking ordinance for city parks, which would offer a way to handle egregious smoking violations, if the state bill becomes law. But the signs already in place offer a deterrent without burdening the city with enforcement issues, he said. Regardless of whether the City Commission were to implement an ordinance, Wells said he appreciates the effort at the legislative level to give local jurisdictions the ability to make that determination for their respective communities. Gainesville City Commissioner Todd Chase said his biggest concern was the enforcement aspect of a smoking ban rather than its legality. "My experience so far really — mainly as a citizen, not as a commissioner — is that we have a lot of laws on the books that I think are selectively enforced," he said. "If you're prepared to hand out one smoking citation, you should be prepared to give them to everyone smoking in the park." Alachua County Commissioner Susan Baird said she usually dislikes bans in general because they pose impediments to freedom. Additionally, views on prohibitions vary with where one stands on a particular issue, she said. "Well, first of all, it's easy for me to say to ban smoking because I don't smoke," she said. Baird mentioned that one benefit of an anti - smoking ordinance could be to discourage squatters who smoke from spending all day in a park because they wouldn't be able to have a cigarette there. "It's kind of a weird way to get rid of that, but it just seems like there's a direct correlation between squatters and smokers," she said. "If they wanted to still sit around there, that's fine, but now they can't sit around there and smoke all afternoon." Although she has mixed feelings about a smoking ban, Baird said she supports the bill because it gives local governments more flexibility in handling the issue by lifting the ban on a ban that limits their ability to regulate smoking. "So when you're lifting a ban of a ban, well to me that's more freedom to be able to govern the way you decide is best for your area," she said. Contact Morgan Watkins at 338 -3104 or morgan. watkins&y lesun. com. Editor Cherlene Willis cherlene.willis @patch.com GuMportPatch., Lawsuit Challenges Smoking Ban Gulfport City Council By Cherlene Willis Email the author June 19, 2012 Government Lawsuit Challenges Smoking Ban The Gulfport City Council will meet to discuss a lawsuit filed by St. Petersburg attorney Andy Strickland regarding the ticket he received for smoking on the beach. new Gulfport Police Officer Pete Horning writes a citation for smoking on the beach to Andy Strickland. St. Petersburg attorney Andy Strickland filed a lawsuit against the City of Gulfport regarding a citation he received for smoking on the beach on April 21. Strickland did not provide any further details about the case. Strickland told Patch, in a previous story, that he wanted to challenge the ban in court. City Attorney Jim O'Reilly confirmed, with Patch, that the litigation is regarding a ticket Strickland received for smoking on the beach. On Tuesday, June 19, the Gulfport City Council, City Manager and City Attorney will discuss the case during a "shade meeting" at 4:30 p.m. at Gulfport City Mall. The meeting is not public. According to the agenda, the case is titled: Andy G. Strickland, Petitioner, vs. the City of Gulfport, Florida, a Municipal Corporation, and the State of Florida, Respondents, Case No. 12- 4167 -CO -40 About "Shade" Meetings A closed attorney - client meeting is permitted under Fla. Stat. s. 286.011(8): Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity€TMS attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: Andy Strickland has been trying to challenge the smoking ban for the past six months. He deliberatly lit up a cigar on Gulfport Beach three times in order to receive a citation. Stricklan rt held a "smoke in" in January but was not cited due to the lack of proper signage of the new ordin 'ce. In February he was cited, but the charges were dropped by the city. Then, in April, Strickland, joined by several supporters, was ticketed for smoking a cigar on the beach. Strickland told Patch that he believes that the ban is illegal and unconstitutional. According to a Florida Statute, the regulation of smoking is up to the state, not local governments, he said. Florida Statute 386.209 Regulation of smoking preempted to state. This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property. About the Ordinance: Gulfport City Council voted 5 -0 to pass a smoking ban on the beach, athletic fields and facilities and playgrounds in the city on Tuesday, November 1, 2011. U) LU C) z � z 0 ry 0 (D z v 0 2 U) e e e e e e e e e e 2 / e / \ 0 e e u u 2 u u $ u u u u u u 4- 0 u u u u ) 0 ƒ [ u _ _ _ # 0 0 CL 0 \ u ± % @ » f C $ § § ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ C: / k ƒ ƒ ƒ 0 u ƒ ' 0 0 0 0 0 0 0 $ = 0 0 0 / e 0 E 2 -a 0 e e e \ / k e E & e e e e e e e e e $ \ d / / u / \ / e \ E / : E/ f k 0° m ( / 0 CL 0 0 \ 0 0 0 C: ._� _r_ 0 = x 0 0 0 a 0 ) E ® / 2 E 0 0 E 4 E E 2 0/ E E o k E e \ [ B Ln \ e : e 0 e E e e ° ° e u 7 ƒ > > o & _ eo §� > _. > m & 0 ^\ > 2 2 e= 2 e ƒ '� \ 5 E & u 2 E) / 0 G 0 0 0 CL u ƒ ) P = \= o 0 2 0 ± _ M 0 B 0 » § / ƒ ƒ _ 0 e � y \ \ / ( / CL / _ _ U e e e e e e e e e e e e e e e e e u u u u u u u u u u u u u u u u u _ _ _ _ _ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e e e e e e e e e e e e e e e e e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E E E E E E E E E E E E E E E E E e e e e e e e e e e e e e e e e e > > > > > > > > > > > > > > > > > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ _ _ _ _ _ _ g g g g g g$$ g g g g $ g g g g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 $ � u 2/ C: _ 2� > 5 m » / 2 2 U I§ t 2 2 ± I : I e o/= o f 0 I 0 2 % / ) / 0 / § 2 2 f± » I 0 2= 0 R G co # o/ # / 5 = 0 4 o• k§ ) ) § U( 0 0 m? // 0§ 0 2 2 CO LL � I= o 2= y 2 O = ± 2 2/ MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: February 7, 2013 SUBJECT: AGENDA ITEM WS.5 - SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 DOWNTOWN DELRAY BEACH MASTER PLAN DISCUSSION ITEM BEFORE COMMISSION The item before Commission is a discussion of the Downtown Master Plan. BACKGROUND Staff will present a brief overview of the Downtown Master Plan process (see summary below) and the progress that has been made in implementing the plan. Following this overview, the Commission will have the opportunity to discuss the Plan including the possibility of future master planning activities. Process Summary: A design Charrette sponsored by the City and in conjunction with representative from Treasure Coast Regional Planning Council was held on April 27th, 2001 at Pompey Park Community Center and was attended by more than 200 citizens. This all day planning Charrette produced ideas and direction which were then fine -tuned by representatives of Treasure Coast Regional Planning Council and their design team who stayed in town (on Swinton next to the CRA office) for a full week working on design concepts. During this time the public was invited to stop by to provide input. After the full week the Treasure Cast Design Group presented their preliminary master plan outline to the public in the gymnasium at Old School Square. After that presentation they continued to work on the Master Plan and gave a presentation on August 17, 2001 to City Commission. Work continued on the plan and a final version was adopted by City Commission on March 19, 2002. A summary of citizen requests and plan concepts are listed below: • Accomplish a general sense of unity (character of the Avenue while different between areas of West Atlantic, Central Core, and Beach District needs to be physically seemless). • Promote local ownership (retail and businesses that serve the community). • Preserve the character of the City. • Build a dignified entrance to the City (possesses small town attributes great physical structure and charm. Important to preserve those qualities with the understanding that the City of Delray Beach has grown beyond being a Village). • Build a square at the intersection of Atlantic Avenue and 5th Avenue. • Protect the integrity of the neighborhoods; improve all neighborhood streets (including alleys). • Build mixed -use buildings along the Avenue with parking in rear. • Erase the "dividing line" created by Swinton Avenue. • Incorporate Public Art along the Avenue as well as in the neighborhood. • Encourage development without displacement at an appropriate scale. • Provide neighborhood pocket parks. • Create secondary circulation system with SE & NE 1 st Streets. • Convert the one -way pair (SE 1 st Street & NE 1 st Street) into two -way streets. • Calm traffic and narrow the two Federals. • Widen sidewalks along AIA. • Promote density — Complement the Architectural Design Guidelines. • Create parking plan which addresses future parking needs. • Promote quality infill housing. • Infill development along Atlantic Avenue in the beach area. The Plan also provides direction for several special projects including: • Atlantic Grove • Expansion of Old School Square • New Library • Worthing Place • Infill along the Tennis Center • Other proposals including Senior Center, Youth Center, Clean and Safe Program, Welcome Center, Hotel (more affordable and closer to I -95), Grocery Stores in West Atlantic Avenue. Attached is a matrix which outlines the main items identified in the Master Plan, their priority, funding source and current status. clq= d� con Cl�= 70 4 v C73 (3m> �wm c� i } 0 0 pft� so is W-ico A►r F 41 i+ ` 4 . N. r~ r C i 1 � M - C/1 C/1 4.) U O CO) a� H I 0 C 0 0 r Lo L ,..� 0 F--1 I'D < ,--� m ff0�� V U O L1 �/ 70 Q -� .0 -i E (n CL CL s cn cn �«, LI LL cn d) _ cn 1 \r ``!■ t i �U Lr1 �Zl � L 0 •' j Z � 0 r Lo L ,..� 0 F--1 I'D < ,--� m ff0�� V U mormw- oww -w-.- rw--.. Migh, U N � O N Ct • r� r� O Con U O ct O � U mormw- oww -w-.- rw--.. 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N Ga bD O a) O ? t O C C > O > i O ++ L L Ua Ua O ;� ;� t .— t V C C 2 f0 ++ J J 7 U N ++ ++ Q 'a/ 'C 'a/ 'a/ °O f0 Y Y 2 W W l0 z (n z z V V c c0 c m (J d d w C C C V z z O O N G1 Q i 0 G1 E _N Q E i fC a i G1 fCC C 3 0 i 3 0 0 a) U- Ln V) v - tm D z Q t u cn -6 O 0 a, o n °/ m ° o O 3 +� aO V CL U/ C t O N N � d E m .— > m N a) a) O L _ + N * u O_ O_ m "m E E w — O O O c Y V V `4 tia -- O E ZZ o > E •°' a O O O a) N u O ? a) 0 C p u .v s 0 •u_ u +O+ a) N t O .0 O E 7 N E O_ (i) bD a) v C O Q O O v v E � v � } N a, Ln E E E a) D Q V) V W \ V D - a a a 0 v � a) 3 E O v O u + p v cn O U O v W m iC O v E Q O_ O > �) N O0 O N O Q 7 [O — W N MEMORANDUM 'A z TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer /Public Information Officer THROUGH: Douglas E. Smith, Interim City Manger DATE: February 6, 2013 SUBJECT: AGENDA ITEM WS.6 - SPECIALIWORKSHOP MEETING OF FEBRUARY 12, 2013 COMMUNITY ENGAGEMENT: LIVE AND LEARN PROGRAM, TOWN HALL MEETINGS, AND CITY PUBLICATIONS ITEM BEFORE COMMISSION The item before the Commission is a discussion of various community engagement opportunities: a newly proposed Live & Learn Delray program, Town Hall Meetings, and City Publications. BACKGROUND Live and Learn Program Staff is proposing to implement a new program - Live & Learn Delray - Rediscover Your City - to reach out to our community and provide residents and businesses with information on the various City resources that are currently available to learn more about City issues, projects, programs and services as well as how to become more engaged with our City (See Program Summary). To ensure that the program maintains the highest visibility and awareness, this new program is proposed to have members of the City's administration team and an elected official meet with local HOA's, Churches and Civic Groups. In an effort to prevent any concerns with state Sunshine Laws, staff is proposing to develop a rotational system to request an elected official to attend a meeting. Town Hall Meetings and City Publications At the January 15, 2013 Commission meeting, Town Hall Meetings and the Public Relations were mentioned under Commission Comments. To lead into a Commission discuss on these topics, staff will provide an overview of past Town Hall Meetings and City publications and other communication strategies. RECOMMENDATION Request direction from the Commission on the development of a rotational system to include a City Commissioner at the various meetings under the newly proposed Live & Learn Delray program; and request direction from the Commission regarding Town Hall Meetings and City Publications. Live & Learn Delray — Rediscover Your City There is much to know about Delray Beach and many ways to get that information. Sometimes this information is filtered by editors, writers and bloggers. Our goal with the new Live & Learn Delray — Rediscover Your City program is to present the City's communication and information tools that are available, which would allow community members to formulate their own opinions and become engaged with the City to ensure that the best decisions are made for the Delray Beach community. The Live & Learn Delray — Rediscover Your City program will consist of a series of meetings where City representatives go out into the community and meet with Homeowners Associations (HOA), Churches and Civic Groups at their existing meetings to provide information on the various tools that may be used to learn about our City and to engage the City about ongoing activities, programs, services and /or issues. These meetings, in particular, would focus on ensuring that the Delray Beach community receives current and accurate information regarding City operations, ongoing projects, services that are offered, controversial issues, accomplishments and recognitions and /or plans for economic (re- )development and growth. By knowing what's going on and getting involved, residents can help make Delray Beach a better place to live, work and play. That, in turn, will benefit neighborhoods and the City. In addition, by attending meetings within our neighborhoods, staff would have the opportunity to promote the City and create branding opportunities by developing relationships and local partnerships with our citizenry. Further, the Live & Learn Delray — Rediscover Your City program would enable the City to request our community partners to assist in educating residents, parishioners and civic group members about the City's communication initiatives within their own established communication tools (i.e., meetings, newsletter, website, flyers, social media, blogs, etc.). This would assist in ensuring that as many people as possible are continuously informed about how they can learn more about the City of Delray Beach. In an effort to provide a higher level of visibility and awareness, this new community program has been planned to include staff members from the City Manager's Office and a member from the City Commission at each meeting. A rotational system is recommended to assist in identifying which Commissioner would be available to attend the meetings. This would help to prevent any Sunshine Law and /or other politically related concerns. Each meeting is expected to be concise in delivering the intended messages and information and may take between 30 to 60 minutes. Outreach to neighborhood organizations through this program will be coordinated through the Community Improvement Department's current neighborhood outreach initiatives. Reasons to Implement the Live & Learn Delray program: 1. Serves as an alternative to the Annual Town Hall Meeting, Hometown Connection & other publications that have been discontinued due to low participation and /or budget constraints 2. Citizens are empowered to become more directly involved and engaged to assist in in creating a better City 3. Provides direct contact between the City's elected leaders and members of the City's Administration team with our residential and business communities and lets them know that we are interested and invested in listening to our stakeholders 4. Allows community members who are unable to attend meetings in City Hall to obtain information directly from the City and to engage in citizen forums to provide requisite input into the City's decision making process. People's priorities and schedules are changing and the times that City meetings are held may now be inconvenient (unless it is a significant negative issue to them), which reduces the number of voices that are heard on issues. 5. Provides the City with an opportunity to inform our residents and businesses about the City's position (i.e., story) on various issues, programs and /or services and to not rely only on our local newspapers, blogs and /or social media sites 6. Serves as a tool to educate and promote the City's messages & our brand Available City Communication & Information Tools to be discussed at the various HOA, Church and Civic Group meetings: 1. City's Website — www.mydelraybeach.com — Redesigned and enhanced to provide comprehensive information on City activities, programs and /or services. The new site includes: a. City Calendar — All City Meetings and City Events b. City Commission Meetings (i.e., Agendas, Backup Information, Minutes, Audio and Video) C. Board & Committee Meeting Information, including meeting Agendas and Minutes d. Press Releases, News and other information e. Easy access to information through the use of Mega Menus to provide direct access to all City Departments, services & programs offered f. Staff contact information (i.e., telephone and E -mail) g. Emergency information 2. Twitter — www.twitter.com /citvdeiraybeach - The City maintains two (2) active accounts and provides the reader with "small bursts of information" or short messages (140 characters) with links to important City information — The City's main account has 2,154 followers & almost 1,000 tweets have been issued [City (1 account) and Police (1 account)] 3. Facebook — www.mydelraybeach.com /facebook - The City maintains eight (8) accounts (more than 5,130 Likes) to communicate and announce events and programs for three City departments [Police (1 account), Fire (1 account) and Parks and Recreation (6 accounts)] 4. Open City Hall Forum — www.mydelraybeach.com /open- city -hall - Allows registered users the opportunity to post comments and voice their opinions on City topics /issues to assist in the decision making process 5. Citizen Support Center — www.tinVurl .com /citizensupportcenter - Provides residents, businesses and visitors with an opportunity to learn more about the City and make requests for City services 6. Code Red Emergency Notification System — www.mydelraVbeach.com /codered - Provides more than 29,187 subscribers with an opportunity to receive information about emergencies and /or important events by phone, E -Mail & text message 7. Speakers Bureau — www.mydelraybeach.com /speakers- bureau - Long standing community outreach program that provides community groups with specialized presentations about City operations and information regarding City issues and projects that are in progress 8. Residents Academy — www.mydeIraybeach.com/ community- improvement /residents - Residents are provided with a 6 -week in depth overview of our City departments and their operations, which enables them to better understand the City's organizational structure, financial challenges and legal requirements that must be overcome on a daily basis. Graduates are prepared and motivated to take a positive role in defining the future of their neighborhoods and the City through government /citizen interaction 9. E- Subscription List — http:// ml. mvdelraybeach.com /MailingLists/ - Interested community members may sign up to receive E -mails with information about the City (including press releases, City Commission Agenda's, Board and Committee Agenda's, etc.). Approximately 1,786 subscribers have signed up for this service 10. Press Releases — http: / /ml.mydelraybeach. com /mailinglists /newsletters.asp - The City writes and distributes more than 200 press releases annually (additional safety & emergency related press releases are distributed by the PD & FD PIO's) to provide the community with information on City issues, programs and /or services. All press releases are posted on the City's website and are sent to the local media (i.e., television, radio and print) as well as to all E- Subscribers and City Departments. A link to the City's website is sent out as a Tweet on the City's main Twitter account. Note: Just over a year ago, the City created an Expanded Press Release Program to develop press releases for issues that were included on the Commission's Consent Agenda and /or are considered non - controversial (i.e., City infrastructure and community projects such as roads, sidewalks & water reclamation, grant awards, cost savings measures, expanded /reduced services & programs) that may not receive the same attention from our media. This Program enables the City to take an active role in telling our story to our citizens, businesses and visitors on various issues. Many of the City's press releases are published by our local newspapers, magazines and community groups (i.e., Greater Delray Beach Chamber of Commerce, local businesses, etc.), thus, enabling a larger network of interested community members to learn about what is happening within the City. 11. City Publications — http:// ml .mvdelraybeach.com /mailinglists /newsletters.asp - Although recent financial constraints have reduced the total number of printed newsletters and reports that are produced and distributed, the City has continued to develop a number of important communication pieces to ensure that the public is informed about the issues, projects, services and programs that are offered throughout the City. Some of these informational tools include: 1. Police Department Annual Report 2. Fire - Rescue Annual Report 3. Annual Water Quality Report 4. Annual Sustainability Report 5. NW /SW Neighborhood Newsletter