11-07-95 Regular
" DURA\' BEACH
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~C",'
AJl.America ity
NOVEMBER 7. 1995 - 6: 00 P. M. ¿PUBLIC HEARING 7: 00 P.M. 1 IIII '
COMMISSION CHAMBERS '
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity,
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243-7127
(voice) or 243-7199 (TDD) , 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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egular Commission Meeting
;ovember 7, 1995
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of October 10, 1995
Regular Meeting of October 24, 1995
6. Proclamations:
A. Veterans Day Service - November 12, 1995
B. Bahamian and Friends of the Bahamas Reunion Day - November 18,
1995
C. OF NOTE:
Breast Cancer Awareness Month - October 1995
Adult Immunization Awareness Week - October 22-28, 1995
National Bible Week - November 19-26, 1995
Alzheimer's Disease Awareness Month - November 1995
National Home Care Month - November 1995
National Hospice Month - November 1995
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. RAT~FICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various actions taken by the
SCRWTD Board at its meeting of October 19, 1995.
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Regular Commission Meeting
November 7, 1995
B. RIGHT OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT
DEED/BARNETT BANK: Approve a Right of Entry Easement Agreement
with Barnett Bank of Palm Beach County for the installation of
a water main and drainage structures along East Road, north of
Atlantic Avenue, and accept an easement deed for continual
access to the improvements.
C. FINAL BOUNDARY PLAT/CITATION CLUB: Approve final boundary plat
for the Citation Club located on the east side of Military
trail, south of Linton Boulevard.
D. AMENDMENT #OOl/HRS SUBSTANCE ABUSE CONTRACT: Approve an
amendment to the HRS Substance Abuse contract, originally
approved by the Commission on June 20, 1995, to include an
indemnification clause.
E. SETTLEMENT/CATHERINE MAZZULLO VS. CITY OF DELRAY BEACH. ET AL:
Approve settlement of the referenced case as recommended by the
City Attorney.
F. SETTLEMENT /PAILLANT AND GUILLAUME VS. CITY OF DELRAY BEACH:
Approve settlement of the referenced case as recommended by the
City Attorney.
G. SETTLEMENT/JACOUELINE FAGINS VS. CITY OF DELRAY BEACH: Approve
settlement of the referenced case as recommended by the City
Attorney.
H. RESOLUTION NO. 78-95 AND ASSIGNMENT TO HABITAT FOR HUMANITY:
Approve a resolution authorizing the City to acquire vacant
property located at 604-606 S.E. 4th Avenue to provide for
housing pursuant to the City's Affordable Housing Program,
together with an Assignment Agreement in which the City assigns
its rights in the purchase contract to Habitat for Humanity.
I. RESOLUTION NO. 79-95: Adopt a resolution assessing costs for
abatement action required to board up an unsafe building at 640
S.W. 4th Avenue.
J. RESOLUTION NO. 80-95: Adopt a resolution assessing costs for
abatement action required to remove a nuisance at 515 S.W. 2nd
Street.
K. RESOLUTION NO. 81-95: Adopt a resolution assessing costs for
abatement action required to remove nuisances on twelve (12)
properties located throughout the City.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period October 23 through November 3, 1995.
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Regular Commission Meeting
November 7, 1995
M. AWARD OF BIDS AND CONTRACTS:
1. a. Bid award to Molloy Brothers, Inc. for construction of
the Atlantic Avenue/Miramar Drive Stormwater Pump
Station in original contract amount of $750,705.00;
together with deduct Change Order #1 in the amount of
$22,750 for the removal of the permanent sheet piling
from the project, for a revised contract amount of
$727,955.00, with funding from 448-5411-538-62.46.
b. Bid award to Hydro Pumps, Inc. for the purchase of
three 10,000 gpm pumps and related equipment for the
Atlantic Avenue/Miramar Drive Stormwater Pump Station
in the amount of $140,720.00, with funding from
448-5411-538-62.46.
2. Bid award to Rio-Bak Corporation for the perimeter and
N.E. and N.W. sections of the cemetery expansion, in base
contract amount of $163,395.75 with alternate #1
($49,254.83) , for total contract amount of $212,650.58,
with funding from 667-4511-539-61.77.
3. Bid award to Ritz Safety Equipment, via Solid Waste
Authority Quote #Q25/JP, for the purchase of safety shoes,
at an estimated annual cost of $22,256.00 to be funded
from various departmental operating budgets.
4. Bid award to C.E.M. Enterprises, Inc. (d/b/a/ Sunshine
Painting) for filter media replacement and filter
rehabilitation of four filter bays at the Water Treatment
Plant in base contract amount of $196,777.00 with
alternates 7b ($16,000) and 8b ($18,000) , for total
còntract amount of $230,777.00, with funding from
442-5178-536-61.46.
5. Bid award to Central Sanitary Landfill for a disposal site
for Water Treatment Plant lime sludge produced as a
by-product from the lime process, at an estimated annual
cost of $16,000.00, with funding from 441-5122-536-34.90.
9. Regular Agenda:
A. SPECIAL EVENT REOUEST/DELRAY AFFAIR: Consider a request from
the Chamber of Commerce for special event approval for the
Delray Affair which is scheduled for April 12-14, 1996.
B. SERVICE AUTHORIZATION #3/DIGBY BRIDGES. MARSH & ASSOCIATES:
Consider approval of Service Authorization #3 with Digby
Bridges, Marsh & Associates in the amount of $14,407.00 for
architectural services for the Gol f Course Clubhouse expansion
projects, with funding from 445-4763-572-31.30.
C. DELRAY OAKS SITE: Consider additional information concerning
the history and status of the Delray Oaks site (Ecosite 67).
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Regular Commission Meeting
November 7, 1995
a. Consider relief from stormwater assessment fees for the
Delray Oaks ecosite.
D. BID AWARD FOR N.E. 7TH AVENUE ROADWAY AND UTILITY IMPROVEMENTS
PROJECT/RIC-MAN INTERNATIONAL. INC.: Consider bid award to
Ric-Man International, Inc. as the lowest responsible
responsive bidder in the amount of $259,145.50 for road and
utility improvements on N.E. 7th Avenue from Atlantic Avenue to
N.E. 1st Court, with funding from 228-3162-541-61.19 and
441-5181-536-69.19.
E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate
member to the Board of Adjustment to fill an unexpired term
ending August 31, 1997. Appointment by Mayor Lynch.
F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (real estate position) to the Code Enforcement
Board to fill an unexpired term ending January 14, 1998.
Appointment by Mayor Lynch.
G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
member to the Delray Beach Housing Authority for a four year
term ending October 27, 1999. Commissioner Alperin's
recommendation, with appointment by the Mayor.
10. Public Hearings:
A. ORDINANCE NO. 62-95: An ordinance rezoning the former Isles of
Delray site from SAD (Special Activities District) to PRD-4
(Planned Residential Development-4 units per acre) District.
The subject property is located east of 1-95 on the north side
of Lake Ida Road, and contains approximately 40.86 acres.
B. ORDINANCE NO. 66-95: An ordinance rezoning Tracts B, C and D
of Congress Park South from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and
Commercial) District. The subject property is located on the
west side of Congress Avenue, south of Atlantic Avenue
(Levenger facility) .
C. ORDINANCE NO. 65-95: An ordinance changing the Future Land Use
Map designation from Community Facilities-Public Buildings to
Commercial Core, and rezoning from CF (Community Facilities) to
CBD (Central Business District) for the Delray Beach Public
Library and associated properties located south of Atlantic
Avenue between S.E. 4th and 5th Avenues.
D. ORDINANCE NO. 63-95: An ordinance changing the Future Land Use
Map designation from Low Density Residential 0-5 units per acre
to Recreation and Open Space for the Lakeview Golf Course
maintenance building site located on the west side of Dover
Road, approximately 200 feet north of Wedgewood Boulevard.
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Regular Commission Meeting
November 7, 1995
E. ORDINANCE NO. 64-95: An ordinance rezoning the Lakeview Golf
Course from R-1-AA and R-l-AAA-B (Single Family Residential)
Districts to OSR (Open Space and Recreation) District. The
subject property is located on the west side of Dover Road,
between Linton Boulevard and Lakeview Boulevard.
F. ORDINANCE NO. 58-95: SECOND PUBLIC HEARING for an ordinance
amending Section 4.4.19 of the Land Development Regulations to
provide for "Interior Design and Furnishings" as a permitted
use in the Mixed Industrial and Commercial (MIC) zoning
district.
G. SALE OF CITY-OWNED PROPERTY TO FIFTEEN/THIRTEEN PARTNERS
LIMITED: Consider approval of the Contract for Sale and
Purchase between the City and Fifteen/Thirteen Partners Limited
for property located at 239 N.E. 1st Avenue.
H. SALE OF CITY-OWNED PROPERTY TO FE LIT A PATTERSON: Consider
approval of the Contract for Sale and Purchase between the City
and Felita Patterson for property located at 4795 N.W. 6th
Street through the HOPE 3 program.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings: None
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 7. 1995 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.H. MUNICIPAL GOLF COURSE BRIDGE RAILING REPAIR: Approve bid
award to Duggan Builders, Inc. for emergency bridge railing
repair at the Municipal Golf Course. Funding in the amount of
$15,752 is available from 445-4714-572-46.90 through budget
transfer from 445-4761-572-63.90.
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[ITV DF DELRRY BEREM
DELRA Y BEACH
, t 0 I lOA
- 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243· 7000
, IIII~ PROCLAMATION
1993
WHEREAS , the Jewish War Veterans of the United
States of America is the oldest active veterans organization in
the United States, having been founded in 1896; and
WHBREAS, the Jewish War Veterans Post No. 266 of
Delray Beach, Florida, has over 500 members; and
WHBREAS, the Post's work and fund raising is for
all veterans and their families regardless of race, color or
creed, being known as "The Post That Cares To Remember And
Remembers To Care"; and
WHBREAS, the Jewish War Veterans Post No. 266 will
be conducting a Veterans Day service in honor of all who have
fought for the United States on Sunday, November 12, 1995, at
Veterans Park.
NOW, THBRBFORB, I, THOMAS B. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby recognize
VETERANS DAY
NOVEMBER 11, 1995
as a time to honor those Veterans who so bravely served their
country so all Americans might enjoy the freedoms of this great
nation.
IN WITNESS WHBREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
¿.A·
THE EFFORT ALWAYS MATTERS
.
fì~
[ITV DF DELIRY HEREM
DELRA Y BEACH
, l 0 . 0 '"
~4Ia"lllr~ 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000
u.America City
, IIII~ PROCLAMA TION
1993
WHBREAS, the archipelago of the Bahama Islands and
the continent of the United States, particularly the state of
Florida, share a geographical proximity that has staged
intimate interactions between the populations over the
centuries; and
WHEREAS, during this century, the people of South
Florida and the Bahamas have developed unique cultural and
economic communities through agriculture, tourism, religion,
sports, import-export trade, media and extended families which
have promoted growth and stability in both areas; and
WHBREAS, as a new generation evolves and we move
into a new century, it is vital to conserve the momentum of
this dynamic relationship by reminding our elders and our youth
of this legacy; and
WHEREAS, this legacy includes the particular
social, political and economic foundations that Bahamians and
their descendents have erected in various South Florida towns
and counties; and
WHBREAS, the multi-billion dollar trade and tourism
market maintained by Bahamians doing business and vacationing
in South Florida and South Floridians vacationing and doing
business in the Bahamas has become a synergistic relationship
vital to both areas.
NOW, THBRBFORB, I, THOMAS B. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim November 18, 1995, as
BAHAMIAN AND FRIENDS OF THB BAHAMAS REUNION DAY
in Delray Beach, Florida, and acknowledge organizations like
the National Association of the Bahamas which have emerged as
pioneers in this mission.
IN WITNESS WHBREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
~ ,8·
THE EFFORT ALWAYS MATTERS
.
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tf/r1
£ITY DF DELRRY BER[M
p~LRoA ~ B,EA"C~
~*AA 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 3051243-7000
AJ .America c; PROCLAMA TION
'11It
1993
WHBREAS, October 19, 1993, was proclaimed the first
National Mammography Day in American history. Today, the
objective continues to be to encourage millions of American
women (especially underserved populations and older women who
are at high risk for breast cancer) to receive, sign up for, or
make a commitment to get a screening mammogram. As an
incentive, many accredited radiology centers will offer
reduced-fee screening mammograms during the month of October¡
and
WHBREAS, the American Cancer Society warns that
this year more than 46,000 women will die from breast cancer.
Early detection could save as many as one-third of them.
Mammography plays an important role in saving lives because it
can find a breast cancer tumor as early as two years before it
can be felt. Far too many women die because they did not find
their breast cancer soon enough; and
WHBREAS, the City of Delray Beach joins the
National Breast Cancer Awareness Month Board of Sponsors urging
women to ask their health care providers about the appropriate
timing of their first mammogram. Experts agree that regular
screening mammograms are the most effective means of finding
breast cancer early and are most important for all women over
age 50.
NOW, THBRBFORB, I, THOMAS B. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October, 1995, as
BREAST CANCER AWARBNESS MONTH
and October 19, 1995, as
MAMMOGRAPHY DAY
and encourage all women in Delray Beach, Florida, to become
aware that they are at risk and to check with their doctors to
see whether they should get a mammogram, and also urge each and
every resident of Delray Beach, Florida, to make sure the women
they care about participate in this program.
IN WITNESS WHERBOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
0'C
THE EFFORT ALWAYS MATTERS
.
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t/Þ1
[ITY OF DELRRY BEREM
DELRA Y BEACH
¡.:_o*~ 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243·7000
AJl.America City
'IIII~ PROCLAMATION
1993
WHEREAS, influenza and pneumococcal pneumonia are
responsible for tens of thousands of deaths among American
adults, especially older Americans; and
WHEREAS, too few adults are immunized against these
diseases as well as against other highly infectious diseases,
including hepatitis B, measles, mumps, and rubella; and
WHEREAS, fewer than half of Americans over age 60
are protected against tetanus and diphtheria; and
WHEREAS, the lives of many American adults can be
spared this year through vaccinations that are approved as safe
and effective and are readily available to the public; and
WHEREAS, the United States Public Health Service
has repeatedly called on this nation to reduce the massive
costs of health care through a program of preventive health
care in immunization against infectious diseases.
NOW, THERBPORE, I, THOMAS B. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim October 22 through 28, 1995, as
ADULT IMMUNIZATION AWARENESS WEEK
in Delray Beach, Florida, and urge all citizens to obtain
needed immunizations and to maintain records of their personal
immunization status.
IN WITNESS WHBRBOP, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
~~
THE EFFORT ALWAYS MATTERS
.
DK,
~
[ITY DF DELRRY BEREM
DELRA Y BEACH
~~''':. 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000
AIoAmerica City
'IIII! PROCLAMATION
1993
WHBREAS, the Bible is the foundational document of
the Judeo-Christian principles upon which our nation was
conceived; and
WHEREAS, the Bible has been a constant source of
moral and spiritual guidance for Americans throughout our
history; and
WHEREAS, the Bible has profoundly influenced our
nation's art, literature, music, laws and sense of charity; and
WHBREAS, the Bible continues to provide
inspiration, hope and comfort for millions of Americans today;
and
WHEREAS, for 55 years, women and men of all faiths
have banded together in the laymen's National Bible Association
to sponsor National Bible Week as a time to remind their fellow
Americans of the Bible's unique place in American life; and
WHEREAS, this annual emphasis has helped to
strengthen spiritual understanding throughout America by
encouraging personal reading and study of the Bible.
NOW, THBRBFORB, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim November 19 through 26, 1995, as
NATIONAL BIBLB WEEK
in Delray Beach, Florida, and urge all of our citizens to
participate in the observance of National Bible Week by reading
the Bible and discovering for themselves its values for
personal and community life.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
bt
THE EFFORT ALWAYS MATTERS
.
oK
ttI1
[ITY DF DELIAY HEAEH
DElRA Y BEACH
iIÞ..~ 100 N.W. 1" AVENUE DELRAY BEACH, FLORIDA 33444 305/243· 7000
AJl.America City
, III I! PROCLAMATION
1993 WHEREAS, four million Americans have Alzheimer's
disease. Of these, 329,232 are Floridians and 57,000 live
in Palm Beach County; and
WHBREAS, Alzheimer's disease is the fourth leading
cause of death among adults, taking more than 100,000 lives
each year; and
WHEREAS, Alzheimer's disease, unless cured, will
affect 5.8 million Americans by the year 2010. Of these,
540,590 will be Floridians; and
WHEREAS, one in three families is affected by
Alzheimer's disease; and
WHEREAS , Alzheimer's disease is not a normal part
of the aging process; and
WHBREAS, Alzheimer's disease is presently
incurable and irreversible; and
WHEREAS, an increased awareness of the problem of
Alzheimer's disease may stimulate interest and research
among Palm Beach County residents to learn more about
effective caregiving techniques.
NOW, THERBPORE, I, THOMAS B. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim November 1995 as
ALZHBIMER'S DISEASB AWARENESS MONTH
in Delray Beach, Florida, and urge all of our citizens to
support the Alzheimer's Association Greater Palm Beach Area
Chapter, Inc. in its commitment to increase the awareness of
this disease.
IN WITNESS WHERBOP, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 7th day of November, 1995.
MAYOR
THOMAS B. LYNCH
SEAL
THE EFFORT ALWAYS MATTERS ~.e
.
~
[ITY OF DELRAY BEREM
DELRA Y BEACH
, L 0 . 0 ....
..a"". 100 N.W. 1" AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000
Aß.America City
, IIII~ PROCLAMA TION
1993
WHBREAS, citizens of all ages and economic levels
are concerned about high-quality, affordable, long-term health
care. Home care provides a wide range of these needed health
and supportive services to the ill, elderly, disabled, and
infirm in their own homes. The concept of home care is the
oldest and most enduring tradition of health service delivery
in the United States of America; and
WHEREAS, surveys show that most people prefer to
receive medical care and related supportive services in their
own homes. There is also a significant and growing body of
evidence that home care services are more efficient, cost
effective, and stimulate quicker and fuller recoveries and
improvements than comparable services within institutions; and
WHBREAS, home care allows our disabled and
chronically ill citizens of all ages to remain with their loved
ones in surroundings that are familiar and comfortable. In so
doing, home care helps preserve one of the country's most
important social values, keeping families together; and
WHBREAS, as our citizens require more in-home care,
Delray Beach's home care agencies are meeting that challenge.
Home care agencies are providing services ranging from
assistance with personal care to high-tech intravenous drug
therapies; and
WHEREAS, with rapidly rising health care costs,
home care offers a practical means of providing health care and
related services to those who desperately need them. By
offering these services in the home, we can treat our elderly,
disabled, and chronically ill population comfortably,
cost-effectively, and with high-quality, individualized health
care, and supportive services.
NOW, THBRBFORE, I, THOMAS B. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim November, 1995, as
NATIONAL HOME CARB MONTH
in Delray Beach, Florida, and urge our citizens to recognize
the efforts of home care providers, and the families and
friends of the elderly and disabled who provide such important
services in the home.
IN WITNESS WHERBOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
THE EFFORT ALWAYS MATTERS 0'C,
.
tfJ{
[ITY DF DELRRY BEREM
DELRA Y BEACH
f L 0 . I D A.
~ÂA 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000
AJl.America City
, 1111.: PROCLAMA TION
1993
WHBREAS, hospice volunteers and staff provide a
special kind of caring for those in our community who are
terminally ill; and
WHEREAS, last year alone, hospices helped meet the
medical, emotional and spiritual needs of more than 275,000
terminally ill adults and children across the nation; and
WHEREAS, hospice focuses on the entire family; and
WHBREAS , hospice celebrates its 21st anniversary in
America this year; and
WHEREAS, hospice has served members of Delray
Beach's community since 1978; and
WHEREAS, an increase in public awareness and
understanding of hospice care will better serve the families of
our community who are faced with a terminal illness.
NOW, THERBFORE, I, THOMAS B. LYNCH , Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim November, 1995, as
NATIONAL HOSPICB MONTH
in Delray Beach, Florida, and encourage the support and
participation of friends, neighbors, colleagues, and fellow
citizens in associated hospice activities and programs now and
throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 7th day of November, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
~C .
THE EFFORT ALWAYS MATTERS
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'(1J{
SUBJECT: AGENDA ITEM # C¡. A· - MEETING OF NOVEMBER 7 , 1995
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: NOVEMBER 3, 1995
This is before the Commission to ratify actions taken by the
South Central Regional Wastewater Treatment and Disposal Board on
October 19, 1995. By a vote of 6-0, the SCRWTD Board approved
the following:
· Expend $2,600 from Repair and Replacement Fund to repair
Effluent Pump Controller.
· Expend $18,500 from Repair and Replacement Fund to replace
Batch PolYmer system with New Dyna Blend system.
· Expend $55,000 from Repair and Replacement Fund to purchase
new 600 HP Effluent Pump Motor ($35,000), and repair
existing 600 HP Effluent Pump Motor ($20,000).
· Approve the Third Amendment to Interlocal Agreement authori-
zing the Board to enter into agreements for the sale and
disposal of reclaimed water for irrigation and other
beneficial uses for third parties.
Recommend ratification of the actions taken by the South Central
Regional Wastewater Treatment and Disposal Board on October 19,
1995.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
ROBERT J. HAGEL 272-7061 734-2577
Eucutive Director Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk, Delray Beach
FROM: ~\~i'7/
Mary Ann Shumilla ,/
DATE: October 27, 1995
RE: RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the quarterly Board Meeting of October 19, 1995
which require signatures. You will be receiving the Third Amendment to the Interlocal
Agreement from the City of Boynton after it has been ratified which will require
signatures.
Would you please contact me at 272-7061 when all documents have been completed.
Thank you.
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 19, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 19, 1995, by a vote of 6-0, approve to expend $2,600. from Repair and
Replacement Fund to Repair Effluent Pump Controller.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 19, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 79, 7995, by a vote of 6-0, approve to expend $78,500. from Repair and
Replacement Fund to Replace Batch Polymer System with New Dyna Blend System.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 19, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 19, 1995, by a vote of 6-0, approve to expend $55,000. from Repair and
Replacement Fund to Purchase New 600 HP Effluent Pump Motor ($35,000) and
Repair Existing 600 HP Effluent Pump Motor ($20,000).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 19, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 79, 7995, by a vote of 6-0, approve the Third Amendment to Interlocal
Agreement.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
·
, Or'~~...<.\ At ßc~~.\ot'> +ò" ~'snc..\""~
~Ln ~:'IIl.lre:> 'O~l...,,:, O'K." W' ...~",J CWL':¡".....\. +vc,,",
THIRD AMENDMENT TO INTERLOCAL AGREEMENT ~~~L
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is made and
entered into this _____ day of , 199_, by
and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation, hereinafter referred to as "BOYNTON," and the CITY OF
DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter
referred to as "DELRAY. "
WIT N E SSE T H:
WHEREAS , BOYNTON and DELRAY pursuant to Section 163.01,
Florida Statutes, have heretofore entered into that certain
Interlocal Agreement dated the 26th day of December, 1974,
establishing the South Central Regional Wastewater Treatment and
Disposal Board (the "BOARD"), as amended by First Amendment dated
May 27, 1981 and by that certain Second Amendment thereto dated
September 15, 1983, a copy of which such Interlocal Agreement and
above referenced Amendments thereto are attached hereto as
composite Exhibit "A" i and
WHEREAS , the BOARD has determined in accordance with the
Florida Department of Environmental Protection Regulations that it
is in the public's interest to institute, operate and administer a
Reclaimed Water Program providing advance treatment to a portion or
all of its effluent to standards allowing such Reclaimed Water to
be utilized for irrigation and other beneficial purposes; and
WHBREAS, in order to institute, administer and operate such a
Reclaimed Water Program, BOYNTON and DELRAY have determined that it
is appropriate that the BOARD be authorized to enter into
agreements for the sale of treated Reclaimed Water to third parties
upon terms and conditions determined by the BOARD to be in the
public's best interest.
NOW, THEREFORE, be it resolved as follows:
That certain Interlocal Agreement entered into on the
26th day of December, 1974 by and between the City of Boynton
Beach, Florida, and the City of Delray Beach, Florida, as amended,
is further amended as follows:
1. Section 3, Powers and Procedures, Subsection
1
(B) is hereby amended to add a Subsection 14 which shall read as
follows:
"14. Enter into contracts for the sale and
disposal of Reclaimed Water for irrigation and
other beneficial uses to third parties."
2. Annex I, Allocation of Operatinq Costs, of the
Interlocal Agreement is hereby amended to add a Paragraph 6
entitled Reclaimed Water as follows:
116. Reclaimed Water: It is agreed that the
disposal of effluent in a cost effective and
environmentally responsible manner is appropriate
and necessary to the operation of the Regional
Facility and in that regard, the BOARD shall be
authorized to enter into contracts with third
parties for the sale and disposal of all or a
portion of effluent produced and treated by the
Regional Facility to standards. required by the
Florida Department of Environmental Protection for
the utilization of such Reclaimed Water for
irrigation and other beneficial uses. The revenues
received from the sale of such Reclaimed Water by
the BOARD shall be applied to the operating budget
of the BOARD."
3. This Amendment shall become effective upon
ratification by a majority vote of each City Council.
4. This Amendment shall be filed with the Clerk of
the Circuit Court of the Fifteenth Judicial Circuit in West Palm
Beach, Florida.
5. The Interlocal Agreement as heretofore amended
shall remain in full force and effect altered only to the extent of
this Amendment.
RESOLVED this _____ day of , 199_
by a vote.
Chairman
ATTEST:
Secretary
Approved as to form:
By:
Board Attorney
r. 2
r
,
I
.
.
The undersigned Cities of Delray Beach and Boynton Beach
hereby ratify the action taken by the South Central Regional
Wastewater Treatment and Disposal Board in accordance with the
foregoing Amendment to Interlocal Agreement.
WITNESSES: CITY OF DELRAY BEACH
By:
Mayor
Attest:
As to City of Delray Beach City Clerk
Approved as to form:
City Manager
(SEAL)
City Attorney
WITNESSES: CITY OF BOYNTON BEACH
By:
Mayor
Attest:
As to City of Boynton Beach City Clerk
Approved as to form:
City Manager
(SEAL)
City Attorney
3
.
. 01{
11M
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2no NW j,,{ AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407.2784755
Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
F LOR J D "
......
AII·America City MEMORANDUM
, III I!
DATE: October 30, 1995
1993
TO: City Commission
FROM: David N. To1ces, Assistant City Attorn~
SUBJECT: Agreement with Barnett Bank of Palm Beach County - East Road Utility
and Roadway Improvements and Acceptance of Easement Deed
The following agreement between the City and Barnett Bank of Palm Beach County will
permit the City to install a new water main and drainage structures along East Road
north of Atlantic Avenue. Barnett Bank will gran~ the City an easement in which to
install the facilities and the City agrees to return the existing features to their original
condition.
In addition to approving the agreement, the Commission should also accept the easement
granted by Barnett. The easement encompasses the 12 foot by 290 foot area immediately
west of the Barnett Bank building on Atlantic Avenue. Acceptance of the easement will
allow the City to have continual access to the improvements within the easement.
If you have any questions, please call.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Dan Beatty, City Engineer
eastrd1.dnt
<¡.f) ~
® Pnnted on Recycled Pape,'
.
.
RIGHT OF ENTRY EASEMENT AGREEMENT
FOR WATER MAIN CONSTRUCTION
THIS AGREEMENT is made and entered into this ;..stA day of OCjr!1I3E¡¿ ,
1995, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY), and BARNETT BANK, (hereinafter referred to as
OWNER).
WIT N E SSE T H:
WHEREAS, OWNER presently owns property located in the City of Delray Beach,
Florida, and which is more particularly described on Exhibit "A"; and
WHEREAS, the CITY desires to modify and improve the water main facilities in
accordance with the plans as indicated in Exhibit "B", abutting Owner's property in Delray
Beach, Florida; and
WHEREAS, the CITY has determined that the water main construction and the
acquisition of an easement for construction and maintenance purposes on OWNER'S property,
as depicted in Exhibit "C", is necessary for the maintenance of a water system within the
CITY; and
WHEREAS, the parties desire to enter into this Agreement to legally bind each other
to the terms hereof.
NOW, THEREFORE, and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt and sufficiency of which are acknowledged,
the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby made a part
hereof.
2. Easement Deed. In consideration for the payment of One Dollar ($1.00), and
subject to the terms and conditions contained in the Agreement, the OWNER will convey upon
.
.
the execution of this Agreement to CITY, an Easement Deed for OWNER'S property herein
described (see Exhibit "C"), for the purpose of construction and maintenance of the water
main. The Easement Deed shall allow for perpetual mai~tenance by the CITY, including the
right to enter upon and perform various construction tasks on the following described
property :
That portion of property indicated on Exhibit "C"
3. Installation. The CITY agrees to install the subject water main system and
appurtenances in a generally acceptable manner within the easement dedicated by the OWNER.
Such installation will be designed by CITY in a manner as to protect the interest of the
OWNER, and the facilities installed will continue within the dedicated easement until they exit
the property. The CITY will return all existing features on OWNER'S land, including
vegetation, to equal to or better than the condition prior to the installation of the facilities.
4. Working Schedule. The CITY agrees to coordinate the working schedule of
this construction project with OWNER so as to minimize any impact to the OWNER.
5. Maintenance. CITY will maintain the subject water main system in a
reasonable condition and should CITY find it necessary to conduct repair activities on the
water main system within the easement, CITY will return all disturbed areas to equal to or
better than condition prior to the action.
6. Notices. All notices, requests, demands, and other given if personally delivered
or mailed, certified mail, return receipt requested, to the following addressees to:
OWNER: Barnett Technologies, Inc.
Real Estate Services - South Region
1101 East Atlantic Boulevard
Pompano Beach, Florida 33060
CITY: City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
2
.
8. Entire Agreement. This Agreement, along with the Easement Deed,
constitutes the entire agreement and understanding of the parties, and sùpersedes all offers,
negotiations, and other agreements. There are no representations or understandings of any
kind not set forth herein. Any amendment to said agreements must be in writing and executed
by both parties.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement and two (2) counterparts, each constituting an original, upon the terms and
conditions above stated on the date first set forth above.
WITNESS #1: B~ANK
4VtV\.;'v\!J ( ~ () .0 o.V By: ~?!.
(Signature of Witness) f'.) ~L-¿) ~ ~LIOLA
h.1!:)'« R. fI-,'f\/E C. 'VI \\-A-S 'í'2-c,p e A.. 'ë 1 H; -NA.(j~~
(Print or Type Name) (Type Name and Title)
WITNESS #2:
f/;:1 v: ~~ .
Zignature :J:Wi~)
A ¡¿.,<L. c.:¡ 0 /I1V S>N - C (50 -( i.
(print or Type Name)
State of Florida
County of i3,R o().) ~ f< D
The foregoing instrument was acknowledged before me this .d:S. day of
OC,~ , 1995 by ,OW}} ! Sc Q1/;ÒJrA. (name of officer or
agent, title of officer or agent) of Bñrn~tt Rñnk of Pi'!lrn Rr.h .CtÇl!ame of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She IS personally known to me or has produced
Personally known to me (type of identification) as identification and did (did not) take
an oath. ~~J11~'/1AQ. C'. DJ OJw-r
......_ ',..'.1..-. ..... . .. .
,:o,~':A~:t¡.Þ;;~.. LoM:~ït.1t i;. ,,~1!\.:¡·. .
¡~·f\ MY COMMISS;cfl 5 c.~ '/<;"": Signature of Notary Public - State
:*: :*¡: '. I J. .......
~~...... /~/ EXPIRES: Uå119. 1;:;6 . ;
i(Rf ,r,~ 8andId Thru Hf!tIIy P-..:~ Un(Ã'~ii!{::' ~.: of Florida
. "'~"·J'~.:"·· 'Ir,."'-l4-.·· "'~'f~ LOAAAINE C. MAAS
!:~~:~ MY COMMISSION' CC 193241
3 .!o~. .=;:. EXPIRES: May 19, 1998
<':'~ ;,.;.,:, . ..... IIondIId Thn/ NotIIy Public \JIIdI1WIftn
"'h .t'"
.
CITY OF DELRA Y BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
4
.
EXHIBIT "A"
LEGAL DESCRIPTION
The East 12 ft of the West 17 ft of Sub 16-46-43 Lyg E of Canal th Pt of E 194 ft of Block
148 Lyg S of Lowry Park Estates/less Parcel in Official Record Book 910, Page 69 of the
Public Records of Palm Beach County, Florida.
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Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200N,W, 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this - day of , 199_, between
, whose address is ,
party of the first part, and the CITY OF DELRAY BEACH, FLORIDA, whose address is 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A" attached hereto
Concomitant and coextensive with this right is the further right in the party of the second
part, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of construction or improvements upon the above-described
property,
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner,
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
I
-
.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: PARTYOFTHEFI~~
~MJIA-f:Ù~_ C .f)0QAA.-/ ·~Æ .~~A
Lorraine C. Maas
(name printed or typed) (name printed or typed) í9zO'p~rl ry 114M'AG ('~
:40/ EA~( ,l)r¿.l"1-~r.rc LlLoa
WITNESS #2: " A.I P 14 '" 0 ß~,4C¡"¡, ¡:::- L 33" G "
, I
~ .;/.' ~~--1ff¿ (address)
/. :4I1N~N- ttfb f
(name printed or typed)
STATE OF FLORIDA
COUNTY OF p,RnwaRn
The foregoing instrument was acknowledged before me this 25 day of
October , 1995 by Ronald P. Scagliola (name of officer or agent, title of
officer or agent) of Barnett Bank of Palm Bch.CttnanÌe of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation,
He/She is personally known to me or has produced~...GO~~(U1J4/j (type of
identification) as identification and did (did not) take an oath.
~Jt./¥\1\ .ì~ c.. ;1YJ ~
Signature of Notary Public - State
of Florida
lOlVWNE c, MAAS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !Ji11
SUBJECT: AGENDA ITEM # ¡.~ - MEETING OF NOVEMBER 7, 1995
FINAL BOUNDARY PLAT/CITATION CLUB
DATE: NOVEMBER 3, 1995
This is before the Commission to approve the final boundary plat
for the Citation Club located on the east side of Military trail,
south of Linton Boulevard.
The plat does not require review by the Planning and Zoning
Board, and all applicable permits for the project have been
obtained.
.
.
Agenda Item No. ¡ C.
AGENDA REQUEST
Date: November 1, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 7, 1995
Description of item (who, what, where, how much): Approval of final
boundary plat for the Citation Club. All applicable permits have
been received and staff comments addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff 1at
for Citation Club.
Department head signature:
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: &NO fY1t1
Approved for agenda:
Hold Until:
i
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGCITN01.DOC
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P~
City Engineer
DATE: November 1, 1995
SUBJECT: Final Boundary Plat
Citation Club
Attached is an agenda request for Commission approval of the final boundary plat for the
Citation Club. The subject plat does not require review by the Planning and Zoning
Board. All applicable permits for the project have been obtained. Also attached is a
location map, reduced copy of the plat and aerial photo. If acceptable, please place this
item on the November 7, 1995 Commission meeting for Commission approval.
DB:mm
attachment
File: T AC
DBCITN01.DOC
.
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Memorandum
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director
From: Dorothy Ellington 'ß~
Date: October 29, 1995
Subject: Amendment #001 HRS Substance Abuse Contract
ITEM BEFORE THE COMMISSION
The purpose of this agenda item is to obtain approval to execute an
amendment to the Substance Abuse contract, originally approved by
Commission on June 20, 1995. The Amendment is an Indemnification
Clause making the City fully responsible for negligence or omissions or
tortious acts.
BACKGROUND
The Children's Substance Abuse Grant is funded by the State
Department of Health and Rehabilitative Services and provides $28,086
toward the Excel Focus Five drug prevention program. Excel Focus Five
is a program administered in partnership with MAD DADs for 5th
graders at Pine Grove Elementary. The City contributes in-kind office
space, staff technical assistance and serves as fiscal agent for the
program.
RECOMMENDATIONS
Staff recommends approval to execute Amendment #001 to the
Children's Substance Abuse Contract.
PI)
. '
.
Memorandum
..-- ~
yr- Susan Ruby, City Attorney lP
~: Lula Butler, Community Improvement Director
~: Tò Dorothy Ellington, Community Development f}t{,
Coordinator
Date: October 29, 1995
Subject: Amendment #001 HRS Substance Abuse Contract
Attached is an agenda request for an amendment to our Substance
Abuse Contract which requires your review prior to Commission action.
I would appreciate your review for the November 7 agenda.
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Amendment #001
THIS AMENDMENT, entered into between the State of Florida, Department of Health
and Rehabilitative Services, hereinafter referred to as the "department" and The City of Delray
Beach, hereinafter referred to as the "provider" amends contract IH304.
1. Attachment I, Section D, Paragraph 10 is hereby added.
10. Indemnification Clause
Any provider who is a state agency or subdivision, as defined in section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts
which result in claims or suits against the department, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall
be construed as consent by a state agency or subdivision in the State of Florida to be sued by
third parties in any matter arising out of any contract. The provider agrees that it is an
independent contractor and not an agent or employee of the department.
This amendment shall begin on November 1, 1995, or the date on which the amendment
has been signed by both parties, whichever is later.
All provisions in the contract and any attachments thereto in conflict with this
amendment shall be and hereby changed to confonn with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be perfonned at
the level specified in the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS WHEREOF, the parties hereto have caused this
lpage amendment to be executed by their officials thereunto duly authorized.
PROVIDER: STATE OF FLORIDA
THE CITY OF DELRA Y BEACH DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES
SIGNED SIGNED
BY: BY:
NAME: THOMAS LYNCH NAME: Suzanne Turner
TITLE: MAYOR TITLE: District IX Administrator
DATE: DATE:
FEDERAL ID NUMBER: 59-6000308
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£IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE ::OlJ \\ 1 ~, t ;\ \ DEL.RAY BEACH, FLORIDA JJ 144
F:\CSI~,,1¡i_E ·-+Jj/27/,-,,~'/="5
Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f lOR , D A
...... MEMORANDUM
AII·America City
, III I! DATE: November 1, 1995
1993
TO: City Commission
FROM: Eric D. Hightower, Police Legal Advisor
SUBJECT: Settlement of Catherine Mazzullo v. City of Delray Beach, et al
On September 13, 1995, the City of Delray Beach Police towed the automobile of David
Murray as a result of an automobile accident in which Mr. Murray's car damaged two
unoccupied automobiles which were parked on the side of N.E. 7th Avenue. Prior to
the cars being towed, officers tried to ascertain the identity of the driver of Mr.
Murray's car and the insurance company, but Mr. Murray refused to divulge that
information.
The City kept the car in order to ascertain the name of the driver and insurance
company. However, after 6 weeks, the City was unable to determine if Mr. Murray was
the driver. Mr. Murray gave power of attorney to Catherine Mazzullo who filed a writ
of replevin for return of the vehicle against the City and Zuccalla's Towing.
After discussion with the involved officers and the owners of the damaged vehicles, the
parties agreed that the car would be returned to Mr. Murray and the City would pay part
of the storage and towing charges in the amount of $100.
The City Attorney's office recommends acceptance of this settlement in the amount of
$100. The Risk Manager, Chief of Police and the individual officers concur in this
recommendation. Each party shall bear its own attorney's fees and costs.
By copy of this memorandum to David Harden, our office requests that this matter be
placed on the November 7, 1995 City Commission consent agenda for approval. If you
have any further questions, please do not hesitate to call.
EDH:ci ~ JI..
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lee R. Graham, Risk Manager
Donna R. Woods, Gallagher Bassett Services, Inc.
@ Pnn'ed on FJecycled Parer f·e·
.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 2(J(J ~<W 1st AVE?-iUE . DELRAY BEACH. FLORIDA 33444
F,\CSI ~!1LE 4(Jì /278·4755 Writer's Direct Line: (407) 243-7091
DElRAY BEACH
F lOR I D A
~
AII·America City MEMORANDUM
, ~ III! DATE: November 1, 1995
1993 TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Paillant and Guillaume vs. the City of Delray Beach
This case stems from an accident that occurred at the intersection of S.W, 6th Avenue and
S.W. 7th Street. The accident occurred when the Plaintiffs, Paillant and his passenger,
Guillaume, proceeded northbound on S.W. 6th Avenue through the intersection, colliding
with another car. The stop sign facing the Plaintiffs was missing, The driver of the car that
was struck by Paillant had also filed a lawsuit against the City and that case was settled in
November of 1994,
As a result of this accident, Mr, Paillant was diagnosed with injuries to his shoulder, neck
and back. Mr, Paillant had medical expenses in the approximate amount of $6900.00, In
addition, Mr, Paillant, claims to still suffer from pain and headaches that stem from the
injuries he received as a result of the accident. Mr. Paillant's car sustained an estimated
$1500,00 worth of damage in the accident. Mr. Guillaume, the passenger in Mr. Paillant's
car at the time of the accident, alleges injury to his shoulder, neck and back and headaches.
Mr. Guillaume had medical expenses in the approximate amount of $4500.00,
Lee Graham, the City's Risk Manager, Susan Ruby and myself met with the attorney
representing Mr. Paillant and Mr. Guillaume to discuss settlement on October 24, 1995, As
a result of this settlement discussion, our office would recommend settlement of this case in
the amount of$11,500.00 for Mr. Paillant and $8,000,00 for Mr, Guillaume which includes
all costs and attorney's fees.
By copy of this memorandum to David Harden, City Manager, our office requests that this
settlement agreement be placed on the November 7, 1995 City Commission agenda for
approval,
RBS ?l'.. ~
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
<¡·F
® Pnnred on Recvcled Paper
. '
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£IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 2c)[) v,;, ì '~\ \'L;;,',ò . DU R.\Y BEACH. HU¡C,;A 331H
F!\CSI1'dll.F ..~(r. ,,;:. ;.'),,~ 7:i5
Writer's Direct Line: (407) 243-7091
DElRA Y BEACH
F lOR I D A
..-e.d MEMORANDUM
AII,America City
, III I! DATE: November 1, 1995
1993
TO: City Commission
FROM: Eric D. Hightower, Police Legal Advisor
SUBJECT: Settlement of Jacqueline Fagins v. the City of Delr~ Beach
On June 1, 1991, a former police officer's vehicle struck Ms. Fagins' vehicle in the
rear, near the corner of S.E. 7th Avenue and S.W. 4th Street. Ms. Fagins' automobile
suffered damage and Ms. Fagins claimed back and neck injuries as a result of the
accident. Ms. Fagins filed suit against the City for expenses incurred as a result of lost
wages and medical expenses.
A settlement in the amount of $12,500.00 was reached at court ordered mediation,
subject to City Commission approval. The City Attorney's office recommends
acceptance of this settlement. Risk Manager Lee Graham concurs. The settlement
covers all fees and costs for the parties involved.
By copy of this memorandum to David Harden, our office requests that this matter be
placed on the November 7, 1995 City Commission agenda. If you have any further
questions, please do not hesitate to call.
EDH:ci ,P f! (
/,--- ,.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
® Pnnled on F1ecyclcd Paper f·G·
, '
fA
£ITY DF DELIAY BEACH
CITY ATTORNEY'S OFFICE 200 NW 1st A\'E~UE ' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
f l 0 . I D A
....
AI~America City MEMORANDUM
" III! DATE:
October 30, 1995
1993
TO: City Commission
FROM: David N. Tokes, Assistant City Attom~
SUBJECT: Real Estate Purchase Agreement Between City and Pauline Snyder /
Assignment of Agreement to Habitat for Humanity of Boca-Delray, Inc. -
604-606 S.E. 4th Avenue
The accompanying resolution, if approved, will authorize the City to acquire 604-606
S.E. 4th Avenue from Ms. Pauline Snyder for $8,000.00. The parcel is currently
vacant. The City proposes to assign the purchase contract to Habitat for Humanity of
Boca-Delray.
Therefore, the City Commission should fIrst, if it desires, approve the purchase
agreement with Pauline Snyder. If the agreement is approved, the Commission may then
approve the Assignment Agreement to Habitat for Humanity.
If you have any questions, please call.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
Dorothy Ellington, C.D. Program Coordinator ~c¡..----
snyderl,dnt ~ ~/9S-
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RESOLUTION NO, 78-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
II DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
Ii PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
Ii BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
II INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
'I BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
I
I FLORIDA.
I WHEREAS, the City of Delray Beach, Florida, wishes to
II
acquire certain vacant property located on S.E. 4th Avenue to provide
for housing pursuant to the City's Affordable Housing program¡ and
;1
I, WHEREAS, the Seller hereinafter named desires to sell the
I
, property hereinafter described to the City of Delray Beach¡ and
I
I
í WHEREAS, it is in the best interest of the City of Delray
I
ì Beach to purchase said property for the purpose described above.
"
'I
L NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
II
I' CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Ii
,I
'I
I, Section 1. That the City Commission of the City of Delray
"
il
II Beach, Florida, as Buyer, hereby agrees to purchase from Pauline
,.
I: Snyder, as Seller, land to provide for affordable housing
I,
i, opportunities for low income individuals, for the purchase price of
I'
II Eight Thousand and 00/100 Dollars ($8,000.00), and other good and
d
II valuable consideration¡ said parcel being more particularly described
as follows:
'i
I: Lot 2, Block 7 of the Plat of Osceola Park, according
I to the Plat thereof on file in the Office of the
I
i Clerk of the Circuit Court in and for Palm Beach
I County, Florida, recorded in Plat Book 3 at Page 2,
II
Section 2 . That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall be
Ii borne by the City of Delray Beach, Florida.
I
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I Section 3. That the terms and conditions contained in the
Contract for Sale and Purchase and Addenda thereto between the City of
! Delray Beach, Florida, and the Seller as hereinabove named are
I incorporated herein.
¡
PASSED AND ADOPTED in regular session on this the 7th day of
November, 1995.
ATTEST: ~~
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City Cl k
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CONTRACT FOR SALE AND PURCHASE
PAULINE SNYDER, a single woman, ("Seller"), of Trumbull County, Ohio, and
CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the
Seller shall sell and the Buyers shall buy the following real property ("Real Property") upon the
following terms and conditions which include the standards for real estate transactions included
in this instrument:
I. DESCRIPTION:
Lot 2, Block 7 of the Plat of Osceola Park, according to the plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 3, Page 2.
II. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before October 30, 1995, the deposit(s) will, at Buyer's option,
be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective
Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurancecommúnnent.
V. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before December 31, 1995, unless extended by other
provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 Y2
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
,
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may assign Contract.
X. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a fmal
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's \Vithholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satisfy the withholding obligation. In the event Buyer determines after the closing that the
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Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold trom any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so withheld and report such
infonnation as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRA Y BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
pennitted for delivery of evidence of title herein. Notice of the result of such tèsting shall be
furnished to Seller. During the tenn of this Contract, the Buyer, or Buyer's employees, agents,
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL EST A IE TRANSACTIONS
A. . Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing
to issue to Buyer, upon recording of warranty deed to Buyer, an owner's policy of title insurance in the amount of the purchase
price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only
to liens, encumbrances. exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at
or before closing. Marketable title shall be detennined according to applicable title standards adopted by authority of The
Florida Bar and in accordance with law. If title is found defective, Buyer shall notifY Seller in writing specifYing defect(s). If
the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of
deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further
obligations under the agreement Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
B. ~: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,
may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property
or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions,
agreement covenants or applicable governmental regulation, the same shall constitute a title defect
C. Inlress and Erress: Seller warrants and represents that there is ingress and egress to the real
property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. .!&am: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifYing the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant If Seller is unable to obtain such letter from each tenant, the same
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infonnation shall be furnished by Seller to Buyer within that time period in the fonn of a Seller's affidavit, and Buyer may
thereafter contact tenants to confinn such infonnation. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. ~: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing.
If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affinning that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closin&: Closing shall be held in the county where real property is located, at the office
of the attorney or other closing agent designated by Seller.
G. IiInf: Time is of the essence of this agreement. Time periods herein ofless than six (6) days shall
in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents (or Closint!: Seller shall furnish wammty deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement,
mortgage, mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the wammty deed and recording corrective instruments shall
be paid by Seller. Recording wammty deed shall be paid by Buyer.
J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue
of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance
rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall
be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available,
taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by Janu8I)' 1st of year of
closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an infonnal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confinned and ratified special assessment liens as of date of
closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If
the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified,
confinned or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. Inspection. Repair and Maintenance: Seller wammts that, as of ten (to) days prior to closing,
the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks
or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDmON. Buyer may, at Buyer's expense, have inspections made of those items by an
appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's
occupancy or not less than ten (to) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required,
Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct
the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide
utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not
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limited to the lawn and shrubbery, in the condition herein warranted. ordinary wear and tear excepted. Buyer shall be permitted
access for inspection of property prior to closing in order to confirm cDmpliance with this standard.
M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the property so damaged. cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of
either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement and receiving return of deposit(s).
N. .Esr!m: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and. subject to clearance, disburse them in accordance with
terms and conditions of agreement Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's
duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a coun of competent jurisdiction shall
determine the rights of the panies or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
Upon notifYing all panies concerned of such action, all liability on the pan of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions
of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
anomey's fees and costs incurred with the fees and costs to be charged and assessed as coUrt costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
o. Failure of Performance: If Buyer fails to perform this Contract within the time specified Buyer
and SeIler shall be relieved of all obligations under Contract. If, for any reason other than failure of SeIler to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
P. Alfreement Not Recordable: Persons Bound: Notice: Neither this agreement nor any notice of it
shall be recorded in any public records. This agreement shall bind and enure to the benefit of the panies and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement
for any utilities that may exist and lie on the property.
R. Other A,reements: No prior or present agreements or representations shaIl be binding upon
Buyer or SeIler unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or panies intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value
of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLER:
City ofDelray Beach, Florida Pauline, Sjlyder ~. 'I
'-'~ 1/' ~ )
By: By: £ -¿:¿¿¿-~ . $/?:' ¡¿-Ú-{..'¿/
Thomas Lynch, Mayor ~. ,~. .J.. '- {ft'
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ATTEST: " ~ /'
, 'ZZt¿& /k~</
CIty Clerk /
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Approved as to Form:
City Attorney
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State of [., ,Cc C
;/ '''/.'
County of L.L! L. ~"-ll.<. cf_ '(...-> ,
¿:,- ';;t
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The fQregoing instrument was acknowledged before me thi~ ¿y of (!~b~i:"" ,
-A ) J, '
1995 by ~ ¡),[[i.{!LJ~.1) . \_í'rrL~lL:. L~ /, who is personally known to me or who has
Ilì .'. r ,..... ' / I Q
produced 1"7(1 i." CI-:¡ L~ "'.'¡-:ll..:ir~ ÎI: do '/-:'" Q (type of identification) and who äid{~id.
not) take an oath.
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Sigriature of~ptary Public-
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State of /,/:.¿~,
JO ANN WAD= ~11"~ry P '-I'
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f." '! CX1f>;'<:r,¡",,\ ;::.._. . '. ~ I '. I.,
Print, Type or S~p :iiT~f / '''LZL
Notary Public
snyder.agt
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ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this ~ day of
O~~~-<-.... , 1995, by and between the CITY OF DELRAY BEACH, (hereinafter
referred to as "CITY"), and HABITAT FOR HUMANITY OF BOCA-DELRAY
(hereinafter referred to as "HABITAT").
WIT N E SSE T H:
WHEREAS, the CITY is the contract purchaser under that certain Contract for Sale
and Purchase for the property described in the attached COntract, copies of which are attached
hereto (hereinafter referred to as the "Contract"); and
WHEREAS, the CITY desires to assign all of its right, title and interest in and to the
said Contracts to HABITAT; and
WHEREAS, the HABITAT is desirous of acquiring the rights in the subject Contract;
and
WHEREAS, the CITY desires to assist HABITAT in acquiring the subject property as
part of its Affordable Housing Program.
NOW, THEREFORE, in consideration of the sum of Ten and no/loo Dollars ($10.00)
and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. The CITY hereby assigns, without recourse, all of its right, title and interest in
and to the certain Contracts attached hereto to HABITAT.
2. . HABITAT hereby accepts such assignment and agrees to assume all liability
and responsibility for the perfonnance of the tenns and conditions contained in said Contracts.
.
3. The CITY shall process all documents for closing the Contracts. At closing,
CITY shall pay to the closing agent sums equal to the purchase price of the property and
additional closing costs as indicated in the closing statement in order to provide HABITAT
with the required funds to close.
4. HABITAT agrees to indemnify and hold the CITY harmless for any and all
liability or damages CITY may incur from the HABITAT'S failure to perfonn in accordance
with the terms and conditions of the subject Contracts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year fIrst above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
BY:~
City Clerk !.
Approved as to Fonn:
~-~~
City Attorney
ATTEST: HABITAT FOR HUMANITY OF BOCA-
DELRAY, INC.
By: 9~ 4ft
STATE OF FLORIDA . /
COUNTY OF PALM BEACH
The fO~ing instrument was acknowledged before me this ,z§.. day of October, 1995
b~ 'h,_ll,tlL (name of officer or agent, title of officer or age ).of
. (name of corporation acknowledging), a '
(state or place of incorporation) corporation, on behalf of the corporation. He She is
-
personal1y known to me or has produced (type of
identifIcation) as Ädenût1cation and did ldid not) take an oath.
."~~i~NE '-'0;;--., ~
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so ..·::'\~\SSIOI\';··.«' ~ \M DQ/Lo
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ã * : ~ '3 .... '-> <J> ~ * § re of Notary Pubhc - State
% 3 \ ICC 295661 i ~ i of Florida
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # f·r,· - MEETING OF NOVEMBER 7, 1995
RESOLUTION NO. 79-95
DATE: NOVEMBER 3, 1995
This is a resolution assessing costs for abatement action
required to board up an unsafe building on property at 640 S.W.
4th Avenue. The resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on this property in
the event the assessment of $2,012.64 remains unpaid.
Recommend approval of Resolution No. 79-95 assessing costs to
board up an unsafe building on property at 640 S.W. 4th Avenue.
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RESOLUTION NO. 79-95 I
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY i
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT I
¡ ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED
I
i WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
: TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
i THE MAILING OF NOTICE.
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: WHEREAS, the Building Official or his designated representative
:
I: has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
! parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
¡ adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
r WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
i designated representative has inspected said land(s) and has determined
,
I that an unsafe building existed in accordance with the standards set
I
I forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
I
I did furnish the respective owner(s) of the land(s) described in the
¡
attached list with written notice of unsafe building and detailed report
I of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
¡ life and public welfare pursuant to Article 7.8 of the Land Development
I
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60 ) days and
ì all work must be completed within such time as the Building Official
I determines, said notice also advised that all appeals must be filed
I
I within thirty (30 ) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
I ished from the date of the said notice; and,
I
, WHEREAS, all the notice requirements contained within Article
!
I 7.8 have been complied with; and,
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I WHEREAS, neither an appeal to the Board of Construction Appeals
, or corrective action was undertaken in accordance with the order of the
I Chief Building Official; therefore pursuant to Article 7.8 of the Land
¡ Development Regulations the Building Official caused the abatement
I action to be done; and,
I
\ WHEREAS, the City Manager of the City of Delray Beach has,
II pursuant to Section 7.8.11 of the Land Development Regulations of the
, City of Delray Beach, submitted to the City Commission a report of the
, costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s) .
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
: CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
i cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
I regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
i said property, and interest will accrue at the rate of six percent (6%)
II per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
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ì - 2 - Res. No. 79-95
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I Section 4. That this resolution shall become effective thirty
! (30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
¡ placed on said property(s) , and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
collection.
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I Section S. That in the event that paYment has not been
! re-
ceived by the City Clerk within thirty (30 ) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
Ii County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
I subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
L PASSED AND ADOPTED in regular session on this the day
" of 1995.
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¡ MAYOR
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, ATTEST:
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I: City Clerk
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- 3 - Res. No. 79-95
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CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Vernon much1er, Barbara C. Kuchler and Hermon Parish
ADDRESS: c/o Luis Barreto, Esq., One Bayfront Plaza, 100 South Biscayne Blvd.
Suite 1101, Miami, Fl 33131
PROPERTY: 640 SW 4th Avenue, Delray Beach, Florida 33~4~
LEGAL DESCRIPTION: Lots 13 to 15, Block 1, Rosemont Park Delray according
to Plat Book 13, Page 60 of the official records of Palm Beach County, Fl.
You, as the record owner, of, or holder of an interst in,
the above described property are hereby advised that a cost of
by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 19 -'
has been levied against the above described property.
The costs were incurred as a result of an abatement action
regarding the above described property. You were given notice on
10-':1-Ql) that the Chief Building Official had deter-
mined that a building/structure located on the above described
property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and
that the action would be initiated by the City if you failed to
act.
x You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although you
were informed of your right to an appeal and of the pro-
cedures for obtaining an apeal. You have also failed to
take the corrective action required in the Notice of Unsafe
Building/Structure.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals. You were given written
notification on that you were required to
take the corrective action required by the decision of the
Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the
order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals on .
The Board of Construction upheld the decision of the Chief
Building Official.
.
.
The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above de-
scribed property on Q-14-Q~ at a cost of $.2012.64
which includes a ten percent (10%) administrative fee. If
you fail to pay this cost within thirty (30) days, that cost
plus additional administrative and recording costs shall be
reocrded in the official Records of Palm Beach County,
Florida against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE
RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTAGES.
Copies of all notices referred to in this notice are avail-
able in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
.
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ?f - MEETING OF NOVEMBER 7, 1995
RESOLUTION NO. 80-95
DATE: NOVEMBER 3, 1995
This is a resolution assessing costs for abatement action
required to remove a nuisance on property located at 515 S.W. 2nd
Street. The resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the
event the assessment of $550.01 remains unpaid.
Recommend approval of Resolution No. 80-95 assessing costs for
abating a nuisance on property at 515 S.W. 2nd Street.
.
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i RESOLUTION NO. 80 - 95
, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
I: BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
I, ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
i: INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
Ii LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
I
I ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
I
I TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
I adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
! of Ordinances; and,
i
I WHEREAS, pursuant to Article 7.8 of the Land Development
I Regulations of the City of Delray Beach, the Building Official or hi s
designated representative has inspected said land(s) and has determined
í\ that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
I that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun wi thin sixty (60) days and
all work must be completed wi thin such time as the Building Official
determines, said notice also advised that all appeals must be filed
I within thirty (30 ) days from the date of service of the notice and
1 failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
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---- .' --~--''''.._..''--''--~ ...... .-.--. . . - _.,_.-
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
I Chief Building Official; therefore pursuant to Article 7.8 of the Land
! Development Regulations the Building Official caused the abatement
I act ion to be done; and,
I
I WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s) .
,
I' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I Section 1. That assessments in the amount of
I as shown by
the report of the City Manager of the City of Delray a copy of which is
I attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
I cated thereon. Said assessments so levied shall, if not paid wi thin
thirty (30) days after mailing of the notice described in Section 7.8.11
I become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
I for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 80-95
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- - _M"_~,_ ._-
--¡y ___~,~.~.___,~o._____ ~..._.___._~ _..,_...._,._
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
¡ date of the notice of said assessment(s), after which a lien shall be
I placed on said property(s) , and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that paYment has not been re-
i ceived by the City Clerk within thirty (30 ) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
I subject property which shall secure the cost of abatement, interest at
the rate of 6!!.,o and collection costs including a reasonable attorney's
o ,
, fee.
,
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PASSED AND ADOPTED in regular session on this the day
,: of , 1995.
I
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I' MAYOR
I
I' ATTEST:
:
I
City Clerk
- 3 - Res. No. 80-95
I .
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Johnnie Martin, Jr.
ADDRESS: 515 SW 2nd Street, Delray Beach, FI 33444
PROPERTY: 515 SW 2nd Street
LEGAL DESCRIPTION: W50' of E200' of S135' of S~ of Block 22, Town of Delray
according to Plat Book 10, Page 38 of the official records of Palm Beach County, Fl.
You, as the record owner, of, or holder of an interst in,
the above described property are hereby advised that a cost of
$550.01 by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 19 ,
has been levied against the above described property. ........
The costs were incurred as a result of an abatement action
regarding the above described property. You were given notice on
9-6-95 that the Chief Building Official had deter-
mined that a building/structure located on the above described
property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and
that the action would be initiated by the City if you failed to
act.
x You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although you
were informed of your right to an appeal and of the pro-
cedures for obtaining an apeal. You have also failed to
take the corrective action required in the Notice of Unsafe
Building/Structure.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals. You were given written
notification on that you were required to
take the corrective action required by the decision of the
Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the
order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals on .
The Board of Construction upheld the decision of the Chief
Building Official,
.
. . .
,
The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above de-
scribed property on 9-12-95 at a cost of $550.01
which includes a ten percent (10%) administrative fee. If
you fail to pay this cost within thirty (30) days, that cost
plus additional administrative and recording costs shall be
reocrded in the official Records of Palm Beach County,
Florida against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE
RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTAGES.
Copies of all notices referred to in this notice are avail-
able in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJï11
SUBJECT: AGENDA ITEM # g.1( - MEETING OF NOVEMBER 7, 1995
RESOLUTION NO. 81-95
DATE: NOVEMBER 3, 1995
This is a resolution assessing costs for abatement action
required to remove nuisances on 12 properties located within the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 81-95 assessing costs for
abating nuisances on 12 properties within the City.
.
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-- --' ,..------.--',--- ._--~---...... ._-~.., - - .--~---~.__...__.._.- .'~---...._--~.- . ~_..._------~~~-_.._.-
RESOLUTION NO. 81-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100,20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed :
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating ¡
such nuisance, and that the cost thereof would be levied as an assess- t
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
.
·-..- ,~
the time designated at the hearing wherein a decision was rendered I
adverse to the property owner(s); and, ¡
I I
WHEREAS, the City of Delray Beach, through the City Administra- I
¡, I
I; tion or such agents or contractors hired by the City Administration was I
therefore required to and did enter upon the land(s) described in the \
list attached and made a part hereof and incurred costs in abating the ¡
, subject nuisance(s) existing thereon as described in the notice; and,
i I
! I
WHEREAS, the City Manager of the City of Delray Beach has, I
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray I
I
( Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
î costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, I
pursuant to Chapter 100 of the Code of Ordinances desires to assess the I
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
!
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
I parcels of land described in said report, a copy of which is attached
i
¡ hereto and made a part hereof, are hereby levied against the parcel (s)
,
, of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30 ) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
i
i same nature and to the same extent as the lien for general city taxes
1
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. such shall valid I
That assessments be legal, and ì
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said I
nuisance by the City, and that said assessment is due and payable within
thirty (30 ) days after the mailing date of said notice of assessment, I
,
after which a lien shall be placed on said property, and interest will ,
I
I - 2 - Res. No. 81-95
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_. . - . -.
--.-- --- -.--- "------.-- - . ..._- --. ..,'----~.. . -----
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
I date of the notice of said assessment(s), after which a lien shall be
I placed on said property(s) , and interest shall accrue at the rate of six
I percent ( 6%) per annum plus reasonable attorney's fee and other costs of
I collection.
t
Section 5. That in the event that paYment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
City Clerk
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- 3 - Res. No, 81-95
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, S40 FT DELORES RIGGINS $ 51. 00
OF N256 FT OF E135 FT 1761 2ND AVENUE NORTH 70.00 (ADM. FEE)
OF BLOCK 31, PLAT BOOK, LAKE WORTH, FL 33460
1, PAGE 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(220 SW 4TH AVENUE)
DELRAY BEACH ESTATES, GERALD J. SOLOMON $ 51. 38
LOT 40, PLAT BOOK 21, 17096 NORTHWAY CIRCLE 70.00 (ADM. FEE)
PAGE 13, PUBLIC BOCA RATON, FL 33496
RECORDS OF PALM BEACH
COUNTY, FL
(2213 NO. FEDERAL HWY.)
TOWN OF DELRAY, W1/2 ALBERT MARTIN & $ 33.00
OF LOT 7, BLOCK 30, MARYLIN S. BARON 70.00 (ADM. FEE)
PLAT BOOK 1, PAGE 3, P. O. BOX 414002
PUBLIC RECORDS OF MIAMI BEACH, FL 33141-0002
PALM BEACH COUNTY, FL
(SW 5TH AVENUE)
PRIEST'S ADDITION TO EARLENE MORGAN & $ 51. 00
ATLANTIC PARK GARDENS, ALEX P. FRANCOIS 70.00 (ADM. FEE)
LOT 22, BLOCK 4, 46 NW 12TH AVENUE
PLAT BOOK 23, PAGE 70, DELRAY BEACH, FL 33444-1644
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(238 SW 13TH AVENUE)
ATLANTIC GARDENS, E. & HENRY WILSON $ 51. 00
DELRAY, LOT 23, BLOCK P. O. BOX 1676 70.00 (ADM. FEE)
6, PLAT BOOK 14, PAGE DELRAY BEACH, FL 33447-1676
56, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(142 SW 11TH AVENUE)
ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 51.00
DELRAY, LOT 6, BLOCK 9, E., JR. & DELORES JOHNSON 70.00 (ADM. FEE)
PLAT BOOK 14, PAGE 63, 322 NW 3RD STREET
PUBLIC RECORDS OF PALM BOYNTON BEACH, FL 33435-4029
BEACH COUNTY, FL
(SW 11TH AVENUE)
- 4 - RES. NO. 81-95
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SOUTHRIDGE, LOT 29, ROBERT ASSANTES & $ 51. 00
BLOCK 1, PLAT BOOK 13, FRED WENISCH 70.00 (ADM. FEE)
PAGE 38, PUBLIC RECORDS 1228 SW 4TH COURT
RECORDS OF PALM BEACH BOCA RATON, FL 33432-7131
COUNTY, FL
(321 STERLING AVENUE)
RESUB. OF Sl/2 OF SHIRLEY T. WILLIAMS & $ 56.00
BLOCK 38 & N1/2 OF O. B. THOMAS 70.00 (ADM. FEE)
BLOCK 39, PLAT BOOK 816 SW 3RD COURT
11, PAGE 34, PUBLIC DELRAY BEACH, FL 33444-4435
RECORDS OF PALM BEACH
COUNTY, FL
(222 SW 3RD AVENUE)
TOWN OF DELRAY, S75 FT ATUNE ENTERPRISES, INC. $ 56.00
OF W135.6 FT OF BLOCK 3477 JUPITER BLVD. 70.00 (ADM. FEE)
39, PLAT BOOK 11, PALM BAY, FL 32909-4102
PAGE 34, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(315 SW 3RD STREET)
OSCEOLA PARK, LOT 37, CHARRY DIEUDONNE & $ 65.00
BLOCK 7, PLAT BOOK 3, CADONNE AMBRO ISE 70.00 (ADM. FEE)
PAGE 2, PUBLIC RECORDS 602 SE 2ND AVENUE
OF PALM BEACH COUNTY, DELRAY BEACH, FL 33483-4404
FL
(602 SE 2ND AVENUE)
LINN'S ADDITION TO ROGER F. MILLS TR. $ 25.00
OSCEOLA PARK, DELRAY, 320 SE 4TH AVENUE 70.00 (ADM. FEE)
LOT 17, & N1/2 OF DELRAY BEACH, FL 33483-4428
LOT 18, BLOCK 96,
PLAT BOOK 1, PAGE 133,
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(320 SE 4TH AVENUE)
ATLANTIC GARDENS, PRESTON WILLIAMS $ 51.00
DELRAY, LOTS 15 & 16, 212 SW 11TH AVENUE 70.00 (ADM. FEE)
BLOCK 7, PLAT BOOK 14, DELRAY BEACH, FL 33444-1530
PAGE 63, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
(212 & MORE SW 11TH AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE.
- 5 - RES. NO. 81-95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f!1't1.
SUBJECT: AGENDA ITEM # ¡·L· - MEETING OF NOVEMBER 7, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: NOVEMBER 3, 1995
Attached is the Report of Appealable Land Use Items for the
period October 23 through November 4, 1995. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
.
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C I TV COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~
THRU: D E DOMINGUEZ, D~~R
DEPARTMENT OF PLANNING AND ZONING
tth fiV'.^,- ~
FROM: ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF NOVEMBER 7,1995 * CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER
21.1995 THRU NOVEMBER 3.1995
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of review of
appealable actions which were made by various Boards during the period
of October 21, 1995, through November 3, 1995.
BACKGROUND
This is the method of informing the City Commission of land use actions,
taken by designated Boards, which may be appealed by the City
Commission. After this meeting, the appeal period shall expire (unless the
10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It
also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next
meeting of the Commission as an appealed item.
,
City Commission Documentation
Appealable Items Meeting of November 7, 1995
Page 2
PLANNING AND ZONING BOARD
The Planning and Zoning Board did not meet during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF
NOVEMBER 1. 1995
A. Approved (5 to 2), a request for an elevation change for an existing
commercial building Atlantic Avenue Eye Care, located at the
southeast corner of Atlantic Avenue and S.E. 2nd Avenue. This site
abuts the Block 85 Redevelopment project along its eastern property
line and proposes to change its existing architectural elevations to be
more compatible with the proposed elevations of Block 85.
B. Approved (7 to 0), a request for an elevation change, converting an
existing restaurant to a prototype Denny's Restaurant, located at the
northeast corner of Military Trail and Atlantic Avenue within the Publix
shopping Center.
C. Approved (4 to 3), the site plan associated with the addition of a 5,281
sq. ft. structure to house Boston Market and a bagel restaurant at the
Linton International Plaza, located at the southeast corner of Linton
Boulevard and S.W. 10th Avenue. The landscape plan and
architectural elevation plan were approved on a 7 to 0 vote.
The site plan request was previously denied by the Board on
September 6, 1995. At that time the Board cited concerns with on-site
circulation, the need for a right turn lane from Linton Boulevard,
adequacy of site lighting and the provision of a loading bay. This
revised site addressed most of the concerns raised by the Board.
HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 1.
1995
1. Tabled action (6 to 0), a Certificate of Appropriateness associated with
the replacement of windows and the enlargement of a porch for a
single family residence at 721 N. Swinton Avenue. The item was
.
.
City Commission Documentation
Appealable Items Meeting of November 7, 1995
Page 3
tabled as the Board wanted more information with respect to additional
facade changes proposed by the applicant.
2. Approved (4 to 0), a Certificate of Appropriateness for changes to the
architectural building elevations associated with the conversion of a
single family residence to an architect's office at 203 Dixie Boulevard.
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
.
.
.
LOCATION MAP FOR
CITY COMMISSION MEETING
OF NOVEMBER 7, 1995
L-30 CANAL
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L-38 CANAl
S.P.R.A.8. H.P .8.:
CllY LIMITS -----------
A. - ATLANTIC AVENUE EYE CARE 1. - 721 SWINTON AVENUE
B. - OENNY'S RESTAURANT 2. - 203 DIXIE BOULEVARD
I MILE I C. - BOSTON MARKET AT
I LINTON INTERNATIONAL PLAZA
SCALE
N
-
CllY OF DELRAY BEACH, FL
PLANNING DEPARTMENT
-- OIGITAL BASE MAP SYSTEM --
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJJ<1
SUBJECT: AGENDA ITEM i fl1· - MEETING OF NOVEMBER 7. 1995
AWARD OF BIDS AND CONTRACTS
DATE: NOVEMBER 3/ 1995
This is before the Commission to approve the award of the following
bids and contracts:
La. Bid award to Molloy Brothers, Inc. for construction of the
Atlantic Avenue/Miramar Drive Stormwater Pump Station in
original contract amount of $750,705.00; together with deduct
Change Order #1 in the amount of $22,750 for the removal of
the permanent sheet piling from the project, for a revised
contract amount of $727,955.00/ with funding from Stormwater
Utility Fund (Account #448-5411- 538-62.46).
b. Bid award to Hydro Pumps, Inc. for the purchase of three
10,000 gpm pumps and related equipment for the Atlantic
Avenue/Miramar Drive Stormwater Pump Station in the
amount of $140,720.00, with funding from Stormwater Utility
Fund (Account #448-5411-538-62.46).
2, Bid award to Rio-Bak Corporation for the perimeter and N.E.
and N.W. sections of the cemetery expansion, in base contract
amount of $163,395.75 with alternate #1 ($49,254.83), for
total contract amount of $212,650.58, with funding from
Cemetery Fund - Capital Expansion (Account #667-4511-539-
61.77).
3 . Bid award to Ritz Safety Equipment, via Solid Waste Authority
Quote #Q25/JP, for the purchase of safety shoes, at an
estimated annual cost of $22,256.00 to be funded from various
departmental operating budgets.
4, Bid award to C.E.M. Enterprises, Inc. (d/b/a Sunshine
Painting) for filter media replacement and filter
rehabilitation of four filter bays at the Water Treatment
Plant in ba s e contract amount of $196,777.00 with alternates
7b ($16,000) and 8b ($18/000)/ for tota1 contract aaount of
$230,777.00/ with funding from Water & Sewer R&R - Media
Replacement (Account #442-5178-536-61.46).
5. Bid award to Central Sanitary Landfill for a disposal site for
Water Treatment Plant lime sludge produced as a by-product
from the line process, at an estimated annual cost of $16,000,
with funding from Water Treatment Plant Other Contractual
Services - Sludge Disposal (Account #441-5122-536-34.90).
ref:agmemo19
,
. Agenda Item No. g M I~
AGENDA REQUEST
Date: November 1, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 7, 1995
Description of item (who, what, where, how much):Project No. 95-030,
Atlantic Avenue/Miramar Drive Stormwater Pump Station. This project
generally consists of the construction of a stormwater pump station
and related piping and restoration.
The lowest responsible responsive bidder for this project is Molloy
Brothers, Inc. in the amount of $750,705.00
The lowest responsible responsive bidder for the Pumps and Related
Equipment is Hydro Pumps, Inc. in the amount of $139,127.00.
Funding Sources are as follows:
Portion of Project Funding Source Account No. Amount
Stormwater Pump Stormwater Utility 448-5411-538-62.46 $735,055.00
Station and Related Fund
Piping )~O, 7~.
Pumps and Related Stormwater Utility 448-5411-538-62.46 $~69,127.e9
Equipment Fund
Utility Relocation Other Improvements 442-5178-536-63.90 $15,650.00
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends award of Project No. 95-030,
Atlantic Avenue/Miramar Drive Stormwater Pump Station to Molloy
Brothers, Inc. in the amount of $750,705.00 and award of the Pumps
and Related Equipment to Hydro Pumps, Inc. in the amount of
$139,127.00 ~
Department head signature: iJtA. ,,~J I//I/<I.C:-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
city Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG5030.DOC
.
~
Agenda I tern No. :
AGENDA REQUEST
Date: November 03, 1995
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: November 07,1995
Descript~on of agenda item (who, what, where, how much): Bid Award -
Bid fl95-59 - Award to low bidder. Hydro Pumps. Inc.. at a total cost of
$140.720.00 for Atlflntic Avenue/Miramar Drive Stormwater Pump Station, Pumps,
~trol Panel and Generator.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Hydro Pumps. Inc., at a total cost of $140,720.00.
Funning from account 448-,411-538-62.46
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
~
.....
J ...
City Attorney Review/ Recommendation (if applicable): ..
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
, Account No. & Description:
Account Balance:
./
City Manager Review: f!rl\
Approved for agenda: r!iJI NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. '
Agenda Item No.
AGENDA REQUEST
Date: November 1, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 7, 1995
Description of item (who, what, where, how much}:Project No. 95-030,
Atlantic Avenue/Miramar Drive Stormwater Pump Station. This project
generally consists of the construction of a stormwater pump station
and related piping and restoration.
The lowest responsible responsive bidder for this project is Molloy
Brothers, Inc. in the amount of $750,705.00
The lowest responsible responsive bidder for the Pumps and Related
Equipment is Hydro Pumps, Inc. in the amount of $139,127.00.
Funding Sources are as follows:
Portion of Project Funding Source Account No.
Stormwater Pump Stormwater Utility 448-5411-538-62.46
Station and Related Fund
Pi in
Pumps and Related Stormwater Utility 448-5411-538-62.4
Equipment Fund --
Utility Relocation Other Improvements 442-5178-536-63,90 $15,650.00
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends award of Project No. 95-030,
Atlantic Avenue/Miramar Drive Stormwater Pump Station to Molloy
Brothers, Inc. in the amount of $750,705.00 and award of the Pumps
and Related Equipment to Hydro Pumps, Inc. in the amount of
$139,127.00 ~ J 1/// /~~
Department head signature: ~ L>~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~NO
Funding alternatives ~~ (if ÊP~licab1e)
Account No. & D.Æscription Lff/;)-5f7f...5"31:.- b:s. ')D{W..¡Ç, D~/~~J /~)
Account Balance '>;700 C b\AOf.fí ~ff!i) ~, ( )
'-fLf f r Çlf/ - t:;3 f -- G L. y:" (1ilieM. w"'friÆIJ./ ,ffl.t1 ~
ci ty Manager Review: c.. rf "BlAP5?t:l g-SV OtJ ()
Approved for agenda: YES/NO 'iuO~ï ì"> Z? Oð() ~ (t/Ý'7r
Hold until: ~<67.s- () ()v
r
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG5030.DOC
.
-
. - f~/
Agenda Item No.
AGENDA REQUEST
Date: November 1, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 7, 1995
Description of item (who, what, where, how much) : Project Number 95-
030, Atlantic Avenue/Mirimar Drive Stormwater Pump Station. Deduct
Change Order Number #1 to Molloy Brothers, Inc. in the amount of
$22,750.00 for the removal of the permanent sheet piling from the
project.
Current Contract Amount $750,705.00
Work completed To Date 0.00
Deduct Change Order Number 1 $22,750.00
Revised Contract Amount $727,955.00
ORDINANCE/RESOLUTION REQUIRED: YESÐRAFT ATTACHED YE~
Recommendation: Staff recommends approval of deduct Change Order No.
#1 to Mollo Brothers, Inc. in amount of $22,750.00.
Department head signature:~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
city Manager Review: é3NO nv1
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
. '
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David Harden
Cily Manager Ý
FROM: William Greenwood ~
Director of Environmental Services
DATE: November 1, 1995
SUBJECT: Atlantic AvenuelMiramar Drive Stormwater Pump Station
Project '# 95-030
Enclosed is an Agenda Request, Project Map, bid tabulation and consultants recommendation for the
regular Commission Meeting on November 7, 1995, requesting award of the construction for the
referenced project to Molloy Brothers, Inc. They are the lowest responsible responsive bidder and the
proposed contract amount is $750,705.00.
The work generally consists of the construction of a stormwater pump station and related piping within
Veneûan Drive and McFarlane Drive. Also included with t1ùs Agenda Request is the purchase of three
10,000 gpm pumps and related equipment from Hydro Pumps, Inc. in the amount of $ 140 , 72 (Quotes
were sought for the afore described item, Hydro Pumps, Inc. was the lowest vendor.
The funding sources for t1ùs project are as follows:
Portion of Proiect Fundin2 Source Account No. Amount
Stormwater Pump Station and Storm Water Utility Fund 448-5411-538~2.46 $735,055.00
Related Piping
Pumps and Related Equipment Storm Water Utility Fund 448-5411-538~2.46 $140,720.
Utility Relocation Other Improvements 442-5178-536-63.90 $ 15,650.00
Please place t1ùs item on the agenda for commission approval.
Enclosed
cc: Joseph Stafford, Finance Director
Richard Hasko, P.E., Deputy Dir.ESD, Public Utiliûes
C. Danvers Beatty, P.E., City Engineer
~.rn./.a.
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,
ATLANTIC A VENUE/MIRAMAR DR. VE
STORMW ATER PUMP STATION AND DRAINAGE IMPROVEMENTS
PROJECT NO. 95-030
BID TABULATION
No.1 I UNIT I ~ MOLLOY BR09.,INC INTERCOUNTY ENG.,INC MAN..cON,INC
DESCRlP770N UNITPRlCE I TOTALPRlCE UNIT PRICE I TOTAL PRICE UNIT PRICE I TOTAL PRICE
1 Site mobiliDlion LS 1 S3Q,000.00 S3Q,000.00 SSO,OOO.OO sso,ooo.OO $70,000.00 $70,000.00
2 Maintcnanco of Iraðic LS 1 ",000.00 SS,OOO.OO $1,000.00 $1,000.00 SI6,ooo.OO SI6,ooo.OO
3 CIcarina and ¡pubbin¡ LS 1 SIS,ooo.OO SIS,ooo.OO S3Q,000.00 S3Q,000.00 S20,000.00 S20,000.00
. PawmenI ranovaI SY .,100 $2.SO Slo,:zso.OO SUO SI6,IIo.00 Sl.7S $7,17S.00
S DcmIll:lån8 CY S,SOD SI.00 SS,SOCI.OO $7.00 $3I,SOCI.OO S10.7S "9,12S.00
6 Gradiu¡ LS 1 $1,000.00 $1,000.00 $3,SOD.OO $3,SOD.OO SS,ooo.OO Ss,ooo.OO
7 15" RCP drainage pipe LF 97 SSO.OO $4,ISO.OO $40.00 $3,110.00 $33.-4S $3,U4.6S
I 30" CMP removal LF .. saS.OO $4,010.00 SI0.00 $-410.00 $20.00 $960.00
9 24" RCP drainage pipe LF 24 $70.00 SI,6IO.00 SSO.OO SI,200.00 $74.60 .$1,790.40
10 ]6. RCP cIrainap pìpo LF 3S3 SI2S.00 $44,12S.00 SI60.00 SS6,-4IO.OO Sloo.00 $3s,300.00
11 42· RCP drainaac pipe LF 300 SI4O.00 $42,000.00 $300.00 S90,000.00 SI6O.00 $41,000.00
12 S4-Inch drainap pìpo LF 41, $200.00 $97,400.00 $200.00 $97,400.00 S170.00 $12,790.00
13 Stormwater MH (12-14) Type 17 (6'x6') EA 2 $7,000.00 SI4,ooo.OO $!I,SOD.OO S19,ooo.OO ",ISO.OO Sl1,700.00
14 Stormwater MH (8-10) Type 17 (6'x6') EA 1 $6,000.00 $6,000.00 $6,SOO.OO $6,SOD.OO ",SSO.OO ",SSO.OO
IS Stormwater MH (6-8) Type 17 (6'x6') EA 1 $3,SOD.OO $3,SOD.OO $6,SOO.OO $6,SOD.OO $2,9SO.00 $2,9SO.00
16 Typo ·c· inlet wlUSF S 130 ftamc a: grate EA ~ SI,SOD.OO $3,000.00 SI,SOD.OO $3,000.00 $3,OSO.OO $6,100.00
17 12· Comp8Ctechub(pde (9I'Mt,T-II0) SY 4,000 $2.00 $1,000.00 SI.SO $6,000.00 $2.SO Slo,ooo.OO
11 12· Umcrock baN SY 4,000 Sl1.S0 $46,000.00 SI2.00 $41,000.00 SI0.00 S40,000.00
19 1~· Typo 80m upha1t (21ifla) SY 4,000 $3.9S SIS,IOO.OO $4.00 SI6,ooo.OO $3.2S S13,OOO.00
20 1~· Typo s-m upha1t CM:riay 1N ISO $4S.00 $6,750.00 $60.00 $9,000.00 S90.00 SI3,SOO.OO
21 Plug cxia1in¡ 30· çuJvert EA 1 $7SO.00 $7SO.00 SI,ooo.OO SI,ooo.OO SI,400.00 51,400.00
22 Grout eximn& 30· CMP outfaD LF 9IJ 520.00 51,100.00 520.00 51,100.00 SI6.00 51,440.00
23 Typo "D. c:urb LF 900 $9.00 $1,100.00 sa.OO $7,200.00 SI4.00 512,600.00
24 Pavement marking ItOp ban (thermo) EA 4 saS.OO S340.00 SISO.00 $600.00 $7SO.00 $3,000.00
25 Double 4· IIripina parking ItaDa (paint) LF S5 $4.00 $220.00 $6.00 $330.00 $2.00 Sl1o.00
26 Car stope EA 4(J 51S.00 $600.00 51S.00 $600.00 Sl1.00 S440.00
27 MiIG. 4· line (thermo) Mal:Farlanc LF 200 $4.00 saOO.OO SI.SO $300.00 $2.00 $400.00
21 Venetian Driw Itriping LS 1 $2,SOO.OO $2,SOO.OO $2,000.00 $2,000.00 51,200.00 SI,200.00
29 Sod (ßoriLull) SY 1,000 $2.S0 $2,500.00 $3.00 $3,000.00 51.80 Sl,loo.OO
30 Sea¡rapo rcpIaçcmcnt (/ high miD. EA 77 $7S.00 SS,775.00 554.00 $4,ISI.OO 52S.00 51,m.00
31 Conc:rcIe lidcwalk SF 4S0 $2.00 5900.00 $3.00 $1,3SO.00 $2.S0 SI,I2S.00
32 Stonnwatcl' pump ItaIion insIaDaIion LS 1 SI57,500.00 5157,500.00 Slso,ooo.OO 5150,000.00 SlSl,ooo.OO SISl,ooo.OO
33 Installation of pump and c:ontrola LS 1 $23,100.00 $23,100.00 SI2,ooo.OO 512,000.00 520,000.00 520,000.00
34 Flap vaIw 42· 0UIfaD EA 1 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $7,200.00 $7,200.00
3S 24· Drainage forçe main (C-900) LF 900 saO.OO $72,000.00 SSS.OO $49,SOO.00 $77.00 $69,300.00
36 Flap vaIw 24· outfaD EA 3 $3,500.00 $lo,SOO.OO $2,SOD.OO $7,SOO.OO $4,100.00 512,300.00
37 Channel. exUVIIÌOII a: rubble rip-rap LS 1 $3,000.00 $3,000.00 S5,OOO.00 ",000.00 SI3,000.00 513,000.00
31 Ajuat water vaIw boua EA ~ 5100.00 $700.00 SISQ.OO 51,OSO.00 SISO.00 SI,OSO.OO
39 TicHn to eximn& watcI' line EA ~ 51,SOO.00 $3,000.00 SI,SOD.OO $3,000.00 SI,ooo.OO $2,000.00
40 I· Gale vaIw EA 1 "SO.OO SSSQ.OO $7SO.00 $7SQ.00 $770.00 $770.00
41 Fn bydrmt reIœation EA 1 SI,ooo.OO SI,ooo.OO $2,000.00 $2,000.00 SI,63O.00 SI,63O.00
42 I· C-9OO PVC watcl'maiD wlfittinp LF 10 $60.00 $4,100.00 $45.00 $3,600.00 SII.00 SI,44O.00
43 Removal of eximn& watcI' line pìpo LS 1 SI,SOO.OO SI,500.00 $2,000.00 $2,000.00 saOO.OO saOO.OO
44 2· B8Ckfiow pmICIItcr EA 1 S9OO.00 S900.00 SI,SOO.OO SI,SOO.OO S9OO.00 S9OO.00
4S RcJoça&c eximn&watcI'-w:c LS 1 SSOD.OO S500.00 SI,SOO,OO 51,SOO.00 $7SO.00 $7SO.00
46 ScawaD LF 4(J $650.00 $26,000.00 S4OO.00 516,000.00 $736.00 $29,440.00
47 Permanent Ibeet piling LF 130 SI7S.00 S22, 750.00 saO'OO SI0,400.00 5211.00 521,340.00
41 DumpItcr (w/eodolure) reloc:ation LS 1 SI,SOO.OO SI,500.00 $3,SOD.OO $3,SOO.OO $2,400.00 $2,400,00
49 Gtwdrail wltlared end IICc:IÍOnI LF 25 $75.00 SI,17S.00 S50.00 SI,250.00 $30.00 $7SO.00
SO c- II rctJccton EA ~ SI?S.OO $3SO.00 SSOO.OO SI,OOO.OO $7S.00 SISO.00
S 1 TIO-in CXÏItin& inIc1a EA 3 S500.00 SI,SOO.OO SI,OOO.OO $3,000.00 SI,300.00 $3,900.00
S2 PIua CXÏItin& unitary inwrt EA 1 SSOO.OO S500'00 SI,OOO.OO SI,OOO.OO $320.00 $320.00
S3 Air and vaçuum vaIw LS 1 SS, ?SO.OO SS.7SO.00 $2,100.00 $2,100.00 $2,100.00 $2,100.00
S4 Rcplac:o eximn& unitary _ -w:c EA ~ $950.00 SI,9OO.00 SSOO.OO SI,OOO.OO $140.00 $1,610.00
S5 Adjlllt cxia1in¡ san. _ MH ring a: çoycr EA 2 SI50.00 $300.00 SSOO.OO SI,OOO.OO S22S.00 $4SO.00
56 Video rec:ording aDowanc:c LS 1 S500.00 S500.00 S500.00 5S00.00 SSOO.OO 5SOO.00
57 Utility aIlowanc:c LS 1 $7,SOO.OO $7,500.00 $7,SOO.OO $7,SOO.OO $7,SOO.OO $7,SOO.OO
51 Indemnific:atiOD LS 1 SIO.00 SI0.00 SI0.00 $10,00 SI0.00 SI0.00
¡rOTAL BID $150.105.00 U24,<UI.OO U#,J05.05
10124/95 1
,
.
ATLANTIC A VENUEIMIRAMAR DL IE
STORMW ATER PUMP STATION AND DRAINAGE IMPROVEMENTS
PROJECT NO. 95-030
BID TABULATION
MURRAY LOGAN CONST. OLYMPIC IND.,INC
NO. DESCRlP770N UNTl' UMT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
1 Site mobiIizaIion LS $10,000.00 sao,OOO.OO sso,OOO.OO Sso,OOO.OO
2 M.ïntcnaøco of traffic LS S13,OOO.00 SI3,OOO.OO SI2,OOO.OO SI2,OOO.OO
3 CIoarina and 8JUbbina LS S15,OOO.00 S15,OOO.00 Slo,OOO.OO Slo,ooo.OO
4 Pawmcnt ranovaI SY $2.00 $1,200.00 $2.00 $1,200.00
5 ÐcmIM:Iång CY $2.75 SI5,125.00 $5.50 $30,250.00
6 Gradina LS $3,000.00 $3,000.00 $4,000.00 $4,000.00
7 IS· RCP drainage pipe IF S55.00 S5,335.00 SI36.00 S13,I92.00
I 30· CMP removal IF SI2.00 $576.00 S52.00 $2,496.00
9 24· RCP drainage pipe IF $14.00 $2,016.00 $219.00 $5,256.00
10 36" R.CP cIninap pipe IF $60.00 $21,110.00 SI30.00 $45,190..00
11 42" R.CP cIninap pipe IF SI71.00 $53,400.00 $346.00 SI03,IOO.OO
12 54-1Dd1 cIninap pipe IF $212.00 SI37,334.00 S5OO.00 $2.43,500.00
13 Stormwater MH (12-14) Type 17 (6'x6') EA $9,200.00 SII,400.00 $5,426.00 SI0,152.00
14 Stormwater MH (8-10) Type 17 (6'x6') EA $7,600.00 $7,600.00 $4,712.00 $4,712.00
15 Stormwater MH (6-8) Type 17 (6'x6') EA $7,200.00 $7,200.00 $3,611.00 $3,611.00
16 Type ·C" inlet wlUSF 5130 ftamc &: grate EA SI,5OO.00 $3,000.00 $2,131.00 $4,262.00
17 12· Compaçtcd IUbgradc (91%, T -110) SY SI.00 $4,000.00 S1.50 $6,000.00
11 12· ümcrock bale SY SI2.00 $41,000.00 $9.00 $36,000.00
19 Œ" Type s-m asphalt (21ifta) SY S5.00 S20,000.00 S5.00 S20,000.00
20 1%· Type s-m uphaIt owday TN SI06.00 SI5,900.00 S110.00 SI6,5OO.00
21 Plug exiaûna 30· çuMrt EA S76O.00 $760.00 S5OO.00 S5OO.00
22 Grou& exiaûna 30· CMP outraD IF $37.00 $3,330.00 $30.00 $2,700.00
23 Type"D" curb IF $27.00 $24,300.00 S10.00 $9,000.00
24 Pawmcnt martång Ifop'" (1hermo) EA $300.00 SI,200.00 SI50.00 $600.00
25 Double 4"1triping parlång ItaDa (paint) IF $6.00 $330.00 $0.30 SI6.50
26 Car amp. EA $69.00 $2,760.00 $23.00 S920.00
27 Mile. 4"linc (dtmno) MacFarbnc IF $4.00 $100.00 S1.40 $210.00
21 V cnctian Drive striping LS $2,760.00 $2,760.00 $3,025.00 $3,025.00
29 Sod (ßorilml) SY $4.00 $4,000.00 $2.70 $2,700.00
30 Sc:agrapc rcpJaçcmcnt (/ high miD. EA S131.00 SI0,626.00 $10.00 $6,160.00
31 Conacte IidcwaIk SF S5.00 $2,250.00 $2.50 Sl,125.00
32 Slormwater pump IIaIion ÏDIIaDaIion LS S131,000.00 S131,OOO.00 $16,942.00 $16,942.00
33 IDIIaDatioa of pump and conII'oII LS SII,OOO.OO SII,OOO.OO SI3,5OO.00 SI3,5OO.00
34 Flap VIIw 42" outfaD EA S5,600.00 S5,600.00 $3,150.00 $3,150.00
35 24" Drainage force main (C-900) IF $66.00 S59,400.00 S50.00 $45,000.00
36 Flap VIIw 24· outfall EA $3,100.00 S11,400.00 $3,300.00 $9,900.00
37 a.-cI cxcavatioa &: rubble rip-rap LS $2,000.00 $2,000.00 SI00.00 SI00.00
31 J\iuá water VIIw boua EA SI50.00 Sl,050.00 SI50.00 SI,050.00
39 T"JC-in 10 c:xia1ing water &no EA SI,400.00 $2,100.00 SI50.00 $300.00
40 I· Gate VIIw EA SI,IOO.OO SI,IOO.OO $150.00 $150.00
41 rn hydrant rcIocatioa EA Sl,5OO.00 SI,5OO.00 SI,I00.00 SI,I00.00 i
42 .. C-900 PVC water main w/fillin¡p IF $26.00 $2,010.00 $40.00 $3,200.00
43 RCII1CMÛ of existing walcr &no pipe LS SI,200.00 SI,200.00 $400.00 $400.00
44 2· Backßow JI'CYCI11c1' EA SI,200.00 SI,200.00 SI,300.00 SI,300.00
45 Relocate existing water scMcc LS SI,IOO.OO Sl,.OO.OO Sl,305.00 SI,305.00
46 ScawaD IF $650.00 $26,000.00 $742.00 $29,610.00
47 Pcnnancot sbcct piIina IF S19O.00 $24,700.00 SI20.00 SI5,600.00
41 DumpRcr (w/cnclœln) rclocalion LS $2,400.00 $2,400.00 SI,500.00 Sl,5OO.00
49 GuardniI wlftarcd end ICCIÏonI IF SI00.00 $2,500.00 $30.00 $750.00
50 c- II reflectors EA $400.00 $100.00 SI00.00 $200.00
51 T"JC-in exiaûna in1e1s EA $400.00 SI,200.00 $200.00 $600.00
52 Plug exiaûna IaIÚtaIy invert EA $400.00 $400.00 Sl00.00 Sl00.00
53 Air and vacuum vaIw LS S7,200.00 S7,200.00 S5,l00.00 $5,100.00
54 Replace c:xia1ing unitary _ scmcc EA SI,500.00 $3,000.00 S230.00 S460.00
55 Adjuà exiaûna un. _ MH ring &: cowr EA SI,OOO.OO $2,000.00 $300.00 $600.00
56 Video rccordina aDowancc LS 1 S500.00 S500.00 S500.00 S500.00
57 Utility aDOWIIICC LS 1 $7,500.00 S7,500.00 $7,500.00 $7,500.00
58 Indcmni1ication LS 1 SI0.00 SI0.00 SI0.00 SI0.00
OTAL BID UJ1.4Z~OO U",014.JO
10124/95 2
.
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ATLANTIC A VENUEIMIRAMAR DRIVE
STORMW ATER PUMP STATION AND DRAINAGE IMPROVEMENTS
PROJECT NO. 95-030
BID TABULATION
DOUGLAS HIGGINS, INe. TELCON, INe.
NO. DESCRIP'170N UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTALPRlCE
1 sa mobiIizaIioD LS $$0,000.00 $$0,000.00 S20,'2O.00 S20,,20.00
2 M-intl!Qmco of 1nffic LS Slo,OOO.OO Slo,OOO.OO SI3,~.OO S13,~.00
3 CIeariøc II1II ¡rubbÏIIs LS Slo,ooo.OO SIO,OOO.OO Slo,!m.OO Slo,Jm.OO
4 P--U I'IIIIIOVIII SY SI.00 $4,100.00 $5.00 S20,~.00
, D=wdåna CY $7.00 $38,~.00 $9.00 $49,~.00
6 Gndina LS $5,000.00 $5,000.00 S6, 750.00 S6, 750.00
7 IS· RCP drainage pipe LF $6'.00 $6,30'.00 $51.00 $4,947.00
I 30· CMP removal LF $SO.OO $1,400.00 $44.00 $1, 112.00
9 24" RCP drainage pipe- LF $100.00 $1,400.00 $67.00 SI,6OI.00
10 36" RCP drainago pipe LF $120.00 $42,360.00 Sl2.00 $21,946.00
11 42" RCP drainago pipe LF S3OO.00 S90,000.00 SI11.00 S54,3OO.00
12 S4-1Dch drainago pipe LF $325.00 $"8,27'.00 $171.00 Sl3,277.00
13 Stonnwater MH (12-14) Type J7 (6'x6') EA $10,000.00 S20,000.00 $7,IS4.00 SI4,3OI.00
14 Stonnwater MH (8-10) Type J7 (6'x6') EA $11,000.00 $11,000.00 $3,103.00 $3,103.00
H Stonnwater MH (6-8) Type J7 (6'x6') EA $7,000.00 $7,000.00 $3,224.00 $3,224.00
16 Typo.C" inlet wlUSF '130 frmœ &: ¡pIC EA $1,000.00 $4,000.00 $1,924.00 $3,141.00
17 12- Compacted subande (91%,T-II0) SY $7.00 128,000.00 $4.00 SI6,ooo.OO
II 12- ümeroct bale SY $12.00 $41,000.00 Sl.00 $32,000.00
19 1 ~. Typo 80m asphalt (21ifta) Sy S,.OO 120,000.00 $1.00 $32,000.00
20 1~· Typo s-m asphalt overlay TN $50.00 $7,'00.00 $S6.00 $8,400.00
21 PIu¡ exiaûng 30· cu1vert EA SI,ooo.OO $1,000.00 $S06.00 $506.00
22 GrouI exiaûng 30- CMP olllfaD LF $30.00 $1,700.00 $.,2.00 S13,6IO.00
23 Type "D. cum LF $13.00 Sl1,700.00 $1.00 $7,200.00
24 P--u marlána Itop ban (tbcnno) EA SI00.00 S4OO.00 $47.00 $118.00
25 Double 4-1à'ipiøg pariåna .... (påJC) LF SI.00 S".OO SO.OO SO.OO
26 c... EA SI'.OO S6OO.00 $9.00 S360.00
27 Mite. 4·Jinc (Ibcrmo) MacFm- LF $1.SO S3OO.00 SI.00 S2OO.00
21 Venctiaa Driw IViping LS $3,~.00 $3,~.00 $3,3".00 $3,37'.00
29 Sod (ftoritam) SY S2.SO S2,~.OO SI.00 SI,ooo.OO
30 ScaøI'apo rqù:emcn« (I high miD. EA $7'.00 IS, 77'.00 $11.00 S6, 776.00
31 CDac:n«e lidcwalk SF $3.00 $I,3SO.00 $7.00 $3,ISO.00
32 Stonnwale!' pump illaDon inmIIaIion LS SI2',ooo.00 SI2',000.00 S209,250.00 S209,25O.00
33 IDI«aIIaIion of pump and conlroll LS $12,000.00 $12,000.00 $29,700.00 $29,700.00
34 Flap valve 42- outfaD EA S6,000.00 $6,000.00 $1,334.00 $1,334.00
3' 24- Dninap force main (C·900) LF S60.00 $S4,000.00 $114,00 $165,600.00
36 Flap valve 24- olllfaD EA $5,000.00 $",000.00 $4,'11.00 $13,743.00
37 Cbannd cxcavaIÏon &: nibble rip-rap LS $3,000.00 $3,000.00 $1,100.00 SI,800.00
31 NuR wale!' valve boxca EA $50.00 $3SO.00 $128.00 $196.00
39 TJOoia to exia1in¡ wale!' Jinc EA $1,000.00 $4,000.00 SI27.00 SI,6S4.00
40 r GIte valve EA S9OO.00 S9OO.00 $722.00 $722.00
41 Fn bydrm1 rclocaâon EA S2,~.OO S2,~.OO $S40.00 S540.00
42 I- c-9OO PVC water main wltiøinp LF $40.00 $3,200.00 $32.00 S2,S60.00
43 Removal of exiaûng water Jinc pipe LS SI,SOO.OO $I,~.OO 1211.00 1211.00
44 2" BacktJow prnenter EA $I,SOO.OO $I,~.OO $1,107.00 $1,107.00
4' RcIoc:a«o exisling water service LS S6OO,OO S6OO.00 $40'.00 $40'.00
46 ScawaD LF $6".00 $21,000.00 $141.00 $33,920.00
47 Pcmwten« shed piling LF $610.00 $79,300.00 $171.00 Sl14,14O.00
41 Dumpster (w/enclooue) rc1oc:aâon LS $3,000.00 $3,000.00 $4,SOO.OO $4,~.00
49 Guardrail w/fIared end SCCÛIIIW LF $7'.00 $1,87'.00 $9.00 $225.00
'0 c- n retlecton EA $110.00 S220.00 $108.00 1216.00
'1 TJOoia exia1in¡ inIcII EA $7SO.00 S2,2SO.00 $1,643.00 $4,929.00
'2 PIu¡ exiaûng uuitary invert EA SI,ooo.OO SI,ooo.OO $236.00 $236.00
'3 Aiz and _ valve LS $5,000.00 $5,000.00 SI,111.00 $1,181.00
'4 RepIaco exia1in¡ unitary __ Kn'ÍCC EA S5OO.00 $1,000.00 $316.00 $772.00
" AdjuR aiáina AIL _ MIl rina &: COlla' EA S3OO.00 S6OO.00 $709.00 SI,41'.00
'6 Video I'OC:OI'CIin& allowance LS 1 SSOO.OO $SOO.OO S5OO.00 S5OO.00
" Ulility aIIowaao:o LS 1 $7,~.OO $7,~.00 $7,SOO.OO $7,~.OO
SI IndenuùficalÍon LS 1 $10.00 $10.00 $10,00 $10.00
OTAL BID S95J,SlS.OO SJ,046."Z.oø
1012419' 3
,
I"~ --,,":>r- (,4"\
! '> ' ,:,'-,'- '-- I
. HAzEN AND SA\WER
Hazen and Sawyer, PC,
2101 Corporate Blvd,
Environmental Engineers & Scientists Boca Raton, FL 33431
407997-8070
Fax 407 997-8159
October 23, 1995 OCT 2 5 1995
Dan Beatty, P.E. [/v'CII'~j::tRING
CITY OF DELRAY BEACH
434 South Swinton Avenue
Delray Beach, Florida 33444
Atlantic Avenue/Miramar Drive
PumD Station and Drainaae ImDrovements
Dear Mr. Beatty:
On October 23, 1995 at 2:00 p.m. the City opened bids for the above referenced project. A total
of seven responsive bids were received. After reviewing the bids, the bid of Malloy Bros., Inc.
at $750,705 was determined to be the lowest responsive bid.
It is Hazen and Sawyer's recommendation that the City accept this bid and award the above
referenced contract to Malloy Bros., Inc. in the amount of $750,705. This Contractor has
responsibly performed work for the City in the past.
Because this is a unit price contract, it is possible that portions of the work, such as pavement
reconstruction, curbing, and pavement marking could be scaled back to reduce final construction
costs.
If you have any questions regarding this matter or need any additional information please give
me a call.
Very truly yours,
HAZEN AND SAWYER, P.C.
e~ ê:,--r~. (~~
Robert B. Taylor, Jr., P.E.
Senior Principal Engineer
c: Bill Greenwood
Howard Wight
Gary Bors
Tom McLean
File 4916-3.1.2
4916LOO6.BCA
New York, NY . Armonk, NY . Upper Saddle River, NJ . Raleigh, NC . Charlotte, NC . Richmond, VA . Holiywood, FL . Boca Raton, FL . Fort Pierce, FL . Jupiter, FL . Miami, FL . Bogota, D.E. Colombia
,
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager æ
FROM: William Greenwood ~ JI V/qb
Director of Environmental Services
DATE: November 1, 1995
SUBJECT: Change Order No. 1
Atlantic A venue/Miramar Drive Stormwater Pump Station
Project No. 95-030
Enclosed is an agenda request for a deduct change order to Molloy Brothers, Inc. in the
amount of $22,750 for the removal of the permanent sheet piling fTom the project. Due to
the corrosive nature of the soils and salt water environment, the steel sheet piling will
decay long before the piping, rendering the piling ineffective.
DB:mm
File: Project No. 95-030 (A)
DB53 ONO l.DOC
.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Jacklyn Rooney. Senior Buyer c¡y;::
DATE: November 03, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 07, 1995 - BID AWARD - BID #95-59
ATLANTIC AVENUE/MIRAMAR DRIVE PUMP STATION -
PUMPS, CONTROL PANEL AND GENERATOR
Item Before Commission:
The City Commission is requested to approve the award of the above
referenced subject to the low bidder, Hydro Pumps, Inc. at a total cost of
$140,720.
Backc¡round:
Bids were received on September 06, 1995, from three (3) contractors, all
in accordance with City purchasing policies. (Bi d #95-59. Documents on
file in the Purchasing Office.) A tabulation of bids is attached for your
review.
The City Engineer has reviewed the bids received and recommends award to
Hydro Pumps, Inc., per attached memo.
Recommendation:
Staff recommends award to Hydro Pumps, Inc., at a total cost of $140,720.
Funding from account # 448-5411-538-62.46.
Attachments:
Memo From City Engineer
g. ((} . /. b.
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Agenda Item No. f' 1'1 ~
AGENDA REQUEST
Date: November 1, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 7, 1995
item . ~
Description of (who, what, where, how much):Pro]ect No. 9ß-065,
Cemetery Expansion. The work generally consists of paving, dráinage,
landscaping and entrance feature for the addition of 1,614 burial
plots in the north half of the Municipal Cemetery. (See attached
location sketch.)
The lowest responsible responsive bidder for this project is Rio Bak
Corporation with a bid amount of $163,395.75 for the base bid and
$49,254.83 Alternate No. 1 for a total of $212,650.58.
The funding source for this project is the Municipal Cemetery Fund,
Account No. 667-4511-539-61.77 in the amount of $212,650.58.
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Staff recommends award of the Base Bid and Alternate
No. 1 of Project No. 93-065, Cemetery Expansion to Rio Bak
Cor oration, in the amount of $212,650.58 for their bid.
Department head signature: --
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/NO
Funding alternatives 0if applicable)
Account No. & Description fob 7-Lf5"/ 1- '53 q ~ (J. 77 (!.ç¡.ll,~ f),.rlÞ,
Account Balance 'I "3 ~ CNIT1?Z.. (.~'~n"J)
l)OAiÞWINcY "'l<fws ff-yt ~"'I. f"-4-N' 17'>'/710/11 Fù .vJ') ¡;I¡C
City Manager Review: @/No8?'1 ¢ /08'; pt7~. n ~~ II(Urs-
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG3065.DOC
. '
·
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: William Greenwood IItA
Director of Environmental Services
DATE: November 1,1995
SUBJECT: Cemetel)' Expansion
Project # 93-065
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on November 7
1995, requesting award of the construction contract for the referenced project to Rio Bak Corporation.
They are the lowest responsible responsive bidder and the proposed contract amount is $212,650.58. This
amount consist of $163,395,75 for the base bid which includes paving. drainage, landscaping for the
Northeast quadrant as weIl as a decorative entrance feature and perimeter landscaping. The remaining
$49,254.83 consists of paving, drainage and landscaping for the northwest quadrant (see attached sketch).
The proposed project wiIl add 1614 burial plots to the municipal cemetel)' facility.
The funding source for this project is the Municipal Cemetel)' Fund, Account No. 667-4511-539-61.77 in
the amount of$212,650.58.
Please place this item on the agenda for commission approval.
Enclosed
cc: Joseph Stafford, Finance Director
Richard Rasko, P.E. Deputy Dir. ESD, Public Utilities
C. Danvers Beatty, P.E., City Engineer
File: Project No. 94-47 (A)
f/{JZ
·
CEMETERY EXPANSION
PROJECf NO. 93-Ø65
BID TABCJLATlON
EST. I ENGlNEER'S ESTIMATE Rlo-BAE CORP.
NO. DE3CRJP!10N UNIT 01'Y. I UNrr PRICE I TOTALPR1CE I UNrr PR1CE I TOTALPR1CE
1 C1ariDgmd.~ LS 1 S6,5oo.oo $6,500.00 Sll,ooo.OO $11.000.00
2 GndiD& œlllSiœ_ sY 40.722 SI,50 $61.013.00 SO.36 $14."9.92
3 1%- AIpbaI1 (type SoIII) sY 1.893 S2.9O ~.4I9.70 13.70 $7.0004.10
4 r u-odt SY 1.893 ~.20 $9.843.60 $6.70 $12.613,10
5 12- StùiIizIIIi IIIbpào sY 1.893 SUO S2.839",O $2.9' ~,584.3'
6 :r V.n.y pili« LF 135 SI.OO $1.010.00 $9.90 S1.336-'O
7 ArùIvÆy LS 1 SI0.ooo.oo S10,OOO.00 $4.000.00 $4,000.00
8 6' Qmamcat&11iDciDg LF 16 Sloo.oo S1.6OO.00 $90.00 SI,440.oo
9 6' Brick ~ LF 56 S2OO.oo S11.2OO.OO S14O.OO $7.140.00
10 Røyal palmi EA 18 $46&..50 $&,433.00 1375.00 $6.750.00
11 Boupia¥iDca EA ,.. $9.50 1323.00 $9.00 1306.00
12 Süwr burtaøwood EA 6( SI1.oo S660.00 SIJIO S4IO.oo
6 ~
13 Sap palmi EA $41.00 5246.00 ~O.OO S3OO.oo
14 HibÏsaII aødard EA 6 $69.00 S414.oo S50.00 1300.00
15 Liftapc EA 116 suo ~n.oo $2.50 . $290.00
16 MabopIIy- EA 36 1368.50 SI3.266.oo $250.00 $9.000.00
17 PiIIk tabebuia _ EA 111 S215,50 13.879.00 S150.00 $2.700.00
18 .At.~ 'viDe EA 233 $&.50 Sl.9IO,50 $4.00 1932.00
19 Sod - St. AIIpIÍDe SF 19l,m SO.25 S49;720,50 $0.22 S43.754.04
20 s-I- 8&bia SF 180.287 SO.10 S18.02I.. 70 $0.02 13,605.74
21 Mcs.er EA l' ~.375.oo ~.375.oo S6.3oo.oo $6.300.00
22 Valves EA 15 S150.OO $2.2.50,00 $450.00 $6.750.00
23 Z- EA 15 $864.33 Sl2.964.95 S6OO.00 $9.000.00
24 PVB EA 1 S5OO.OO S5OO.OO $380.00 $380.00
TOTAL BASE BID S228.198.<lJ S163.J9J.7J
25 1%- AspàaI1 (type SoIII) SY l.893 S2.9O S5.489.70 13.20 $6.057.60
26 8- Limcnx:k SY l.m ~.20 S51.843.6O ~.6O SI0.6OO.80
T7 12- Stabilized subgradc SY l.m SI,50 $2.139,50 $2.95 ~,514.35
28 1 - Maabolc (c:ut cxØaiDg liDo) EA 1 SI.5oo.oo SI.5oo.oo SI,.!H)O.oo Sl.9OO.OO
29 "C" - Inlet EA 1 SUOO.OO SI.200,oo S1.OOO.00 SI.ooo.oo
30 Rip rap baIØwaU EA 1 S5150.oo $950.00 ~oo,oo ~oo.oo
31 Dry racaÞaa c:xcavatioa SY 4,093 $2.50 S10.232.50 $0",0 $2.046,50
32 IS" RCP l.F 310 S20.oo S6,2OO.OO 516.00 $4.960.00
33 Sod - St. ADpItiDc SF 46.3851 $0.25 511.597.25 $0.22 SI0.205.58
34 Valves EA :2 S150.oo 1300.00 S1.1oo.oo S2.2OO.OO
35 Zones EA ., S1.050.OO $1.100.00 $1.100,00 $04.200.00
rrOTAL ALTERNA'I'E #l1.BID SJ2,252JJ S49'z4.8J
~!i~J!1iæ'!ewt~ræ¡g@t:$tlli:&f~ttff@JmI!1~~JITm]!~!~~illìl:¡¡:Hf.1mlli:~!~!H@%Ts*Jtrt~~~lðtHtUil~~~:
37 r tm.uc:k sY 4.510 ~.20 $%3,452.00 ~.4O $24.354.00
38 12- Stabilized IUbgrade sY 4.510 SI.50 $6.765.00 $2.,50 SII.275.oo
39 :r Valley pm&r l.F 16S S8.oo S1.352.OO $9.90 $1,673.10
40 12- x lr Oval coac:rete pipe l.F 63 $30.00 SI.890.oo $%3.00 S1.<649.oo
41 .C" - Wet EA 2 SI.2oo.oo $2.400.00 S1.OOO.00 $2.000.00
42 Rip rap baIØwaU EA 1 $950.00 $950.00 ~OO.OO ~oo.oo
43 Sod - St. AuplltÍDc SF 79.895 $0.25 SI9.973.75 $0.22 S17,576.9O
<64 Valves EA 4 S150.00 S6OO.oo ~OO.OO $2.000.00
45 Zones EA 4 $912.50 13.650.00 $950.00 $3.800.00
trOTALALTERNATE#1 BID S74.111.7J S79. 060. 00
1 9f2119S
,
.
\ CEMETERY EXPANSION
PROJEcr NO. 93-065
BID TABULATION
EST. I FLORIDA. DESIGN CONT., INe. I WEE17.Y ASPHALT PA.V1N,INC.
NO. DESCRIPTION UNIT Q7T. I UNIT PRICE I TOTALPRICE I UNIT PRICE I roTALPRlCE
:m~@J~~JiW$r~¡~~;~~~@Ætlll~~~~~~~~~j~~~t~~Mtiti~~~~~i~l~~~*iLl'~~_~1~f!~~t~!mŒmJIW}}~.iW~;_~~fMt~.~B<:~~:$~~~~.ï
1 ClariDg" pubbiøg LS 1 ~O,ooo.oo $30.000.00 $3.771.00 $3.771.00
:1 Gndias øl CIIIire ... SY 4O.'T.t'Z SO.15 $6.10UO $1.06 $o43.1Ð.32
3 1%- AIpbaIt (type S-IU) SY 1.1193 $6.00 $11.351.00 S3.60 $6.114.JO
4 r 1.ÎIDa'Dc:k SY 1.1193 S10.oo S11.930.oo ~.69 SI4.'".17
5 12- Stabilizai.ubørade SY 1.1193 $6.00 $1l,3.5Loo $2.91 $5.641.14
6 2' VaJley guu. LF 13.5 $1.5.00 $2.025,00 m.oo SJ.64.5.oo
7 Nr:bway LS 1 SI2.ooo.oo $l2.ooo.oo S13.4".00 S13.4".oo
8 6' 0nIMDaùI Jiac:iø¡ LF 16 SI60.oo $2..560.00 DO.90 S1.4S..<tO
9 6' Bride walk LF .56 $4.5.00 $2.520.00 1320.41 S17.946.Ø
10 Røya1 paD EA 11 SUO.OO $2.700.00 $476..00 Sl".56L00
11 BaupiøviDa EA ~ . SUO.OO $3.100.00 : $4.12 SI63.11
~ 12 Silwr bIdtaawuod EA 6( SI.50.oo S9.ooo.oo SI.34 ~oo.<tO
13 Sa¡opaD EA 6 $10.00 S480.oo S60.oo S360.oo
14 HibÎlClllIIaDduú EA 6 ~O.OO 1300,00 $71.00 $0426.00
15 üriope EA 116 $6.00 $696.00 SJ.64 $422.24
16 MùopDy1nca EA 36 SI7.5.oo $6.300.00 1351.00 Sl2.ØLoo
17 PiDk tabebui& 1nca EA 18 $200.00 SJ.6OO.oo $200.00 SJ.6OO.oo
18 AJ-..da viDe EA 233 $2.00 S466.oo SJ.64 Sl4L12
19 Sod - St. AI&gusùDe SF 191.382 SO..2.S $49.720.50 $0.37 $73.51&.34
20 s-i - Bahia SF lSO,2Si SO.07 $1:1,620.09 SO.03 $5,401.61
21 Mew EA 1 $3.100.00 $3.100.00 $6.695.00 $6.695.00
22 Valws EA 1.5 $120.00 S1.8OO.OO $470.00 ~.050,oo
23 Z- EA 15 $441.00 $6.720.00 $646,00 $51.690.00
-
24 PVB EA 1 SI4.980.oo SI4.980.oo S4OO.00 S4OO.oo
TOTAL BASE BID S236,441.89 S243,066JO
25 1%- ~(~S-IU) SY U93 $6.00 $1l.35Loo SJ.6O S6.J14.JO
26 r Umcroc:k SY U93 S10.oo S11.930.OO $1.93 SI6,904.49
27 12- StabiIi7.Dd suhgrade SY l.893 $6.00 SIl,3.5Loo $4.22 ~ .98&.46
28 1 - Mabole (em CXÍItÍDg IiDe) EA 1 S4OO.00 S4OO.oo $2.114.00 $2.114.00
29 -C" - IøIct EA 1 S1.8OO.OO S1.8OO.oo $2.114.00 S2.114.oo
30 1üp rap badwaJl EA 1 SI.ooo.00 SI.ooo.oo S1.761.OO S1.761,oo
31 Dry rcrcatiaa _vaiiaa SY 4.093 13.00 SI2.279.oo SO.75 SJ.069.75
32 1.5- R.CP LF 311) S20,oo $6.2OOJIO m.35 S9.091.50
33 Sod - St. AupliiDe SF 46.38S SO..2.S SIU97.25 SO.37 SI7.163.93
34 Vu- EA ~ $150.00 S3OO.oo S1.174,oo S2,34LOO
3.5 :r- EA :1 Sltt.oo SI.764.oo $1.201.00 $4.416.00
arAL ALTERNATE #1 BID S76,986.2j :73.792.93
36 1 %- AIpbaIt (type S-IU) SY 4.510 $6.00 m.06O.oo 13.20 SI4.432.oo
37 S- u-o« SY 4.510 SI0.00 $45.100.00 ~.69 SJ.4.6Il.9O
38 l2" ÞO"i1¡z..¡ .ubørade SY 4.510 $6.00 m.06O.oo $2.98 S13.439.1O
39 2' Valley suøer LF 169 S20.00 13.380.00 S15.OO $2.535.00
40 l2" x IS- 0vaI1:OIII:I'CIc pipe LF 63 $29.00 Sl.I27,OO SJ,.23 $1.219.49
41 -C" - IøIct EA 2 SI.8OO.oo $3.600.00 $2.114.00 S4.22LOO
42 1üp rap hcadwa11 EA 1 S1.OOO.00 SI.ooo.oo S1.761.OO S1.761.OO
43 Sod - St. AIIptiDe SF 79.89.5 SO..2.S S19.9'73.75 $0.37 S29-'61.1'
44 Valws EA ~ SI.50.00 S6OO.oo S,587.oo s:z.J4L00
45 Zones EA ~ $7.56.00 $3.024.00 S1.007.OO S4.02S.oo
TOTALALTERNATE#% BID I S132.624.75 I S109.234.34
2 9121J!15
,
.
\ CEMETERY EXPANSION
PROBeI' NO. 93-065
BID TABCJ'L4TION
EST. I ROCn.AND CON$TRUcnON I AJ.l,.R1TE PAVING. INC
NO. DESCRIP170N UNIT OTY. UNIT PRICE I 7'OTALPRICE I UNIT PRICE I TOTALPRICE
1 o-riøc - grubbiDg LS 1 s:z7.I07.oo $27.807.00 SIO.ooo.OO S10,OOO.OO
2 GndiD& of CIIIire åte SY 4O.'T.Z:Z $1-'9 $64.747.91 S1.IO $13,,299.60
3 1~" AIpåalt (type SolD) SY 1.193 $4,03 $7.621..79 $4-'0 Sl.'IUO
4 r~ SY 1.893 $5.78 SI0.94U4 S6.00 SI1.351.00
5 U" Stabi1izeci..... SY l.I93 $2.30 $4.353.90 Sl.50 $4.732.50
6 2' Valley pIUer LP 135 S11..50 SU52.50 SI2.oo S1.620.00
7 Archway LS 1 $2.719.00 $2,719.00 $6.900.00 $6.900.00
I 6' 0nIamaØal fmciDg LP 16 191.33 SU73.21 $63.00 S1.001.OO
9 6' Brick waIIc. LP 56 $143.75 $&.0'0.00 $725.00 $40.600,00
10 Røyal..- EA 18 S402..50 $7.245.00 $375.00 $6.750.00
11 BoupiIMJIA EA J.4 SI0.3' $351.90 $9.00 S3O&.OO
12 . Si1wr buaaøwood EA 6( SI.63 $:517.10 ; 19.00 SS4O.OO
13 Sap"- EA 6 m.1I SU5.21 S60.00 $360.00
14 HibiKua~ EA 6 $46.00 $276.00 S60.oo S360,OO
l' I.iriope EA 116 $2.ø $334.01 $3.00 S341.00
16 MabopDyu- EA 36 S161.OO $5,796.00 $250.00 $9,000,00
17 PiDk1abebWa u- EA 11 $109.25 $l.966.50 SUO.OO $2,700,00
11 AI-.ød& viDe EA 233 $17.25 $4.019.25 $:5.00 S1.165.00
19 Sod - St. Augus:tiøe SF 19s.m $0.26 $51.709.32 $0.25 $49.720.50
20 s.d- BùIi& SF 110,287 $0.12 $21.&34.44 SO.05 $9.014.35
21 Meter EA 1 S6.555.00 56.555.00 $7.000.00 $7,000,00
22 Valva EA 15 $460.00 56.900.00 $500.00 $7.500.00
23 Z- EA 15 $632.50 $9.487-'0 $700.00 $10.500.00
24 PVB EA 1 $191.00 $391.00 $500.00 $:500.00
i¡_-wrŒlalmIIi¡¡ÆHf!=m¡¡1ínm!=¡ilifg~f{@I.ìI}tì!~~~..Ü~¡¡~¡iY¡Ii.l~m.lliIMj'å.'iáËfffi#~Bß.
2S 1~- AIpbùt(type SolD) SY l.I93 $4.03 ~ .621..79 $3.75 $7.091.75
26 r I.imcroc:k SY 1.893 $5.78 SI0.941.54 $6.00 SI1.35I.oo
27 12- Stabilïz.d IIIbpde SY 1.893 $2.30 $4.353.90 Sl.50 $4,732.50
21 1 - Maaboœ (c:ut cxiSIÍDg ÜDe) EA 1 SI.'725.oo S1.725.oo $2,600.00 $2,600.00
29 -C" - Inlet EA 1 SI.150.oo S1.150.OO S1.800.oo SI.soo.oo
30 Rip rap headwa11 EA 1 S1.380.00 S1.380.OO Sl.2OO.00 SI.200.00
31 Dry rscaIiœ cxcavabCll1 SY 4.093 $0.12 $49Ll6 SI.oo $4.093.00
32 I$" RCP LF 310 $10,70 56,417.00 $25.00 $7.7:50.00
33 Sod - St. AIapItiøe SF 46.319 SQ.15 56.951.3' SO.25 $11.'97.25
34 VaM. EA ~ SU50.00 $2.300.00 S1,3OO.00 S2,6OO.00
3' Z- EA ~ $2.162.00 $4.324.00 $2.100.00 $4.200.00
TOTAL ALTERNATE #1 BID U7.669.74 159.029..$0
. 36 . 1~'; AIpåaIÍ (type SoÎu) =,·,·.w.'..·.·..·.·.w,·,·.·,'.',·,·..·,wm,' ,w,.,...,..,.,'8Ÿ' .w,·,,·,,···'''·¡-.''iíi ............mhwm.wmš4.03' ~ ....mm, SII."17ÙÕ· ','.',-'. $3-'0' -', SI5.785.oo '
37 r I.imcroc:k SY ".5IC] $5.78 $26.067.10 56.00 $27.060.00
31 12- Stabilïz.d IIIbpde SY 4.51c] $2.30 SIQ,3'73,oo Sl.50 SIl.275.00
39 2' Valley gaøcr LP 169 $1l..50 Sl.943.50 S12.OO $2,021.00
40 12" x IS- Oval__ pipe LF 63 $10.70 S1.304,10 $:50.00 $3.150.00
41 "C" -1DIet EA 2 $1.150.00 $2.300.00 SI.800.oo $3.600.00
42 Rip rap beadwaI1 EA 1 S1.150.OO SI.1:50.oo Sl.200.OO SI.200.oo
43 Sod - St. AupaiDe SF 79.195 SO.l' SI1.9I4.25 SO.25 SI9J173.75
44 VaI_ EA "" $57'.00 $2.300.00 S6OO.oo $2.400.00
"", Zones EA "" S9I6,70 $3.946.10 SI.ooo.oo $4.000.00
rTOTAL ALTERNATE #% BID 179.5#.75 190,471.75
3 9121J9~
.
.
. .
CEMETERY EXPANSION
PROJECT NO. 93-Ø65
BID TABClL4T10N
NO. DESCRIPTION UNIT
:m\". ..~. ~. ·~~mittMm!~l~fÆtif~WJM~j~mwa~1.····~' :~~~~~~~_t~~:
C1ariag 8Dd pubbiøg LS 1 lID bid noåwd lID bid nœiwd
GndÎIIC of mIire" SY ILIO $44.79430
U~- AapbaIt (typo SoIII) SY l.893 $3.70 $7.004.10
r I.imIradc SY l.893 $7.50 114.l97-'O
12" Stabili-f IUbgrade SY l.J93 S2.85 ~,395.05
2' Valley .... LF 135 S9.90 1l.336.50
Arc:bway LS 1 $25,300.00 $25,300.00
6' am-- ~I fcaciøc LF 1 1140.00 $2.240.00
6' Brick,. k LF S64S.oo s::H.l2O.oo
RøyU püa. EA $375.00 S6.7~00
BaupiaviIIa EA SI.OO S%72.OO
Silwr baIamawooIi EA S6.IO s.GUO z
Sappüa. EA S45.oo $%70.00
HibØc:ua IÍIIIIIi8Û EA $41.00 S212.oo
Liriape EA S'1. 75 $319.00
Mabopøy1nel EA $300.00 110.800.00
PiDi:1abebai& 1neI EA $215.00 $3.S70.oo
AJ-œa VÏDe EA $7.70 11.794.10
Sod. St. AuguItiDe SF $0.25 S49.720.50
SoecI· Bahia SF $0.04 $7.211.48
Meter EA 1 $7.750.00 $7,750.00
Valv. EA 15 1180.00 $2.700,00
Z- EA 15 11.100.00 116.500.00
- EA 1 SS50.OO ~50.oo
S264.5lU.41·
:"~~:" .~:..t~WfWf~~~&11ili1111i¡I¡j¡~~j~l¡~~~¡~f:~~!~i~~~f.!1t@imfiTh~.~_".&t
1 %- AIpbaIt (type S-III) SY 1.193 $3.50 $6.625.50
r ÜDIcroIX SY 1.193 $7.40 SI4.oo&.20
12- StaIriIized IUbgrade SY 1.193 S'1. 70 SS.1l1.10
1 . MauboJe (c:ut exiaing liDo) EA 1 $2.500.00 $2.500.00
"C" -1DIct EA 1 11.100.00 11.100.00
Rip nip badwúl EA 1 11.500.00 11.500,00
Dry retallÏaa cxcawûaa SY 4.093 $0.20 $111.60
IS-1lCP LF 31 $11.00 SS.5IO.oo
Sod- St. ÅIIpIÛDD SF 46.3 $0.25 11l.'97.25
VaI_ EA $220.00 S440.oo
EA $925.00 SI.8-'O.oo
V1JJO.65
..t~%:~~~.... ..~:, :~~1x~t~t11iNlliIÑ1WI~Bm~;*!~~¡~~~l~lltta'1f=ì1m~&~it~:···~· :....«::
36 1%- AIpbaIt(1we SoUl) SY $3.25 114.657 .sO
37 r I..imaoc:k SY $7.25 $32.697 .sO
38 12- StaIriIized aubtpdc SY S'1.40 SI0.I24.oo
39 2' Valley .... LF $9.00 1l.'21.oo
40 12- x lr Oval oaac:nIc pipe LF $21.00 Sl.323,OO
41 "C" - halct EA $950,00 11.900.00
42 Rip nip badwaU EA 11.500.00 11.500.00
43 Sod- St. AIIpatiDe SF $0.25 SI9$73.75
44 VaI_ EA $220.00 saao.OO
45 Zen. EA $795.00 $3,110.00
OTALALTERNATE#% BID S88.456., 75
-sue bid iødic:a&od CD propou1 reœived 1i'am Hardriva ofDelray, Iøc..
.. 9/21195
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~ à ~"". '...""""- 00....' _ PROJECT, CITY OF DELRAY BEACH OIC>W]. B. SCHO,," .1_
.. ..0 I .. 40 F.IIOTH .,_ M. VERNON ..,- &; ASSOCIATES INC.
cr~ ""'~. CEMETERY EXPANSION ,_"..~_...Kþ'_"':"_,~, _
CJ-I ~ DESCRIPTION: T[1..t"071"'·~O II!!! II
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.
. .
Agenda I tern No.: ð" 11 .3
AGENDA REQUEST
Da te : NmTPmhpr 1, 1995
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: November 7. 1995
Description of agenda item (who, what, where, how much): Bid award·-
Purchase of Safetv Shoes. via Solid Waste Authority, Quote #Q25/JP,
at an estimated annual cost of $22,256.00.
ORDINANCE/ RESOLUTION REQUIRED: YèSjNO Draft Attached: YES/NO
Recommendation: Award to Ritz Safetv Equipment, via Solid Waste Authority.
Duote #025/JP at an estimated annual cost of $22.256.00, from various
Departmental operating budgets.
Department Head Signature:
Determination of Consistency wi
~
-.
J ~
City Attorney Reviewj Recommendation (if applicable): A
Budget Director Review (required on all items involving expenditure
of funds):
Funding
Funding
\ Account
Account
/
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
, '
,
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Katherine Butler, Buyer ~
DATE: November 01, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 07, 1995 - BID AWARD
SAFETY SHOES, VIA SOLID WASTE AUTHORITY
QUOTE #Q25/JP
Item Before Commission:
The City Commission is requested to approve the award of the purchase of
safety shoes to Ritz Safety Equipment, at an estimated annual cost of
$22,256.00, via Solid Waste Authority Quote #Q25/JP.
Background:
City of Delray Beach requires an annual contract for the purchase of safety
shoes for various departments.
Solid Waste Authority is the lead agency for this quotation request. Bids
were received on June 24, 1994, from four (4) vendors per attached
tabulation of bids. Solid Waste Authority has renewed the contract with
Ritz Safety Equipment per attached purchase order dated 8/19/96.
The vendor has agreed to extend the same terms and pricing to the City of
Delray Beach per attached memo dated October 31, 1995.
Recommendation:
Staff recommends award to Ritz Safety Equipment at an estimated annual cost
of $22,256.00 per attached departmental brea kdown . Funding from vari ous
department's operating budget.
Attachments:
Tabulation Of Bids
Solid Waste Authority Purchase Order
Memo From Ritz Safety Equipment Dated 10/31/95
City Of Delray Beach Usage Requirements
cc: Department Heads
Ffll3
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..
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(includes streets,
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ESD ~np 28 pai '-03 1800.00
Utility Maintenance 46 pal i"'3 ,3220.00
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TUT?'ìL $ 22,256.00
- ~mL(
Agenda Item Ro.
AGENDA REOUEST
Date: 11/01/95
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 11/07/95
Description of item (who, what, where, how much) : Staff requests Commhsi on
award of a contract for Filter Media Replacement and Filter Rehabilitation of four filter bays at
the WTP to C.E.M. Enterprises, Inc., d/b/a Sunshine Painting, the lowest responsive bidder for this
work. Recommended bid award is for a base bid of $196,777.00, Add Alt. 7b and 8b for $16,000.00
and $18,000.00 respectively for additional underdrain tiles. Total contract amount is $230,777.00
with funding from R&R Account #442-5178-536-61.46 - Media Replacement WTP (PN 94-075).
ORDIHAHCE/RBSOLUTIOR RBQUIRBD: JJ,/IQ DRAFT ATTACHBD JJ,/IQ
Recommendation: Staff recommends award of contract for WTP Filter Rehabilitation to
C.E.M. Enterprises, Inc., d/b/a Sunshine Painting.
DEPARTXENT BEAD SIGNATURE: øJd ~~~ ¢/rç @%
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available~NO
Funding alternati ~/A (if applicable) R#Iç)
Aooount 110. & Des,riPtton ~'7.f- 7J{,- 'f, 'If, (IJ/.¡-S , '" .¡-;? 1'3!i1!,A
Account Balance ?1( 2fZ.'D ' ,
~ Iflu9,-
City Xanager Review:
Approved for agenda: @NO tl?(
Bold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
. '
.
MEMORANDUM
TO: David T. Harden, City Manager ~
FROM: Richard C, Rasko, P.E., Deputy Director ofPU
SUBJECT: WTP FILTER MEDIA REPLACEMENT
PN: 94-075
DATE: November 1, 1995
Attached is an agenda request for the November 7 Commission meeting with a tabulation
of bids received for the subject project consisting of rehabilitation of four filter bays at the
WTP, The lowest responsive bidder is C.E,M. Enterprises, Inc., d/b/a! Sunshine Painting
with a total base bid of $196,777,00. Weare recommending acceptance of Add alternates
7b, in the amount of $16,000.00, and 8b in the amount of $18,000.00 for provision of
additional underdrain tiles if necessary, The precise quantity of tiles requiring replacement
cannot be established prior to removal of the filter media material.
We have contacted the Town of Jupiter as referenced by Sunshine Painting and were given
a good recommendation by Water Dept. personnel regarding similar work performed by
Sunshine Painting at the Jupiter WTP II.
On the foregoing basis, we recommend award of the base contract with alternates 7b and
8b in the total amount of $230,777.00 to Sunshine Painting with funding trom R&R
account #442-5178-536-61.46.
Please sign and return the attached Notice of Tentative Award for transmittal to the
contractor.
RCR: jem
c: William H. Greenwood
Donald Haley
f 94-075D
811tf
.
·
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Agenda Item No.: 1fffJ$
AGENDA REQUEST
Date: October 30, 1995
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: November 07. 1995
Description of agenda item (who, what, where, how much): Bid Award -
Bid #96-01. Disposal Site For Water-Treatment Plant Lime Sludge to low bidder
Central Sanitary Landfill at an estimated annual cost of $16,000.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO ,.
Recommendation: Award to Central Sanitary Landfill at an estimated annual
CORt of $16,000 from account number 441-5122-536-34.90
,
(
pepart,ment Head Signature:
Determination of Consistency
City Attorney Reviewl Recommendation (if appl icable) :
..
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative ( (~liC~bli?-
Account No, & Des~on: 4?EI-11~~'~ WT . ~r Df1 ,SVL-.
Acco~nt Balance: 3 '. í)/~IÞliL 'Yt f2S,cø)
City Manager Review:
Approved for agenda: fl)/ NO {!Jv(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph s~nance Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE:
October 30, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 07, 1995 - BID AWARD - BID #96-01
DISPOSAL SITE FOR WATER TREATMENT PLANT
LIME SLUDGE
Item Before Commission:
The City Commission is requested to approve the award of the above
referenced subj ect to the low bidder, Central Sanitary Landfill, at an
estimated annual cost of $16,000.
Background:
The Water Treatment Plant has a need for an annual contract for a disposal
site for lime sludge produced as a by-product from the lime process.
Bids for this service were received on October 18, 1995, from two (2)
contractors, all in accordance with City purchasing policies. (Bid
#96-01. Documents on file in the Purcha sing Offi ce. ) A tabulation of
bids is attached for your review.
The Manager of the Water Treatment Plant has reviewed the bids received
and recommends award to Central Sanitary Landfill, per attached memo dated
October 24, 1995.
Recommendation:
Staff recommends award to Central Sanitary Landfill, at an estimated
annual cost of $16,000. Funding from account # 441-5122-536-34.90.
Attachments:
Tabulation of Bids
Memo From Manager Water Treatment Plant
cc: William H. Greenwood
Richard Hasko
Don Haley
g !\1 5"
.
.
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID 1196-01
DISPOSAL SITE FOR WATER TREATMENT
PLANT LIME SLUDGE
Central Sanitary Landfill Wheelabrator Clean Water
Description Systems Inc.
Unit Price For
Dumping Lime $4.00 / per cubic yard $ 4,03 / per cubic yard
Sludge at
Site
Comments/ Location of Site: Location of Site:
Exceptions Central Sanitary Landfill West State Road 70
3000 N.W, 48th Street Okeechobee County, Flordia
Pompano Beach, FL 33073
Alternate: Unit Cost for
hauling and disposal of
Lime Sludge (including
equipment) $9.99 per cubic
yards
.~ .
,
,
.
. .
~
MEMORANDUM
To: Jackie Rooney, Senior Buyer ;;:A .
From:
Don Haley, Manager of Water Treatment Plant
SUBJECT: LIME SLUDGE BID 96-01
Date: October 24, 1995
After review of bid #96-01, we recommend awarding the contract to the Central Sanitary
Landfill in Pompano.
The length of contract term will be one year beginning October 1, 1995 thru September 30,
1996 @ $4,00 per yard, The estimated cubic yards to be disposed of is 4,000 C.Y. The
total will be $16,000,00,
The funding source will be Account #441-5122-536-34.90,
DHldk
cc: William H. Greenwood, Dir. of Env. Services
Richard Hasko, Dep, Dir. Public Utilities
File: sludge.doc
,
.
01(
. . fi4
[IT' DF DELIA' IEA[H
OELRAY BEACH
f I 0 . D A
tw.ed 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AlI·AmericaCity
, III I! MEMORANDUM
1993 TO: David T. Harden, City Manager
FROM: ~-\0 Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #'1 A CITY COMMISSION MEETING, NOVEMBER 7,1995
SPECIAL EVENT REQUEST· DELRAY AFFAIR
DATE: October 31, 1995
ACTION
City Commission is requested to endorse the Delray Affair to be held April 12-14, 1996, to grant a
temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way, to waive LDR's
Section 4.6.7 (D)(3)0)(ii) to allow signage to be placed more than one week prior to the event, to provide
staff support as outlined in the attached letter, and to split the overtime costs 50/50.
BACKGROUND
Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support
the request except for the following:
A, Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning
the events proposed on park property.
B. Use of grounds at Old School Square needs to be approved by their Board of Directors. City does not
own property (lot) south of Sun Bank parking lot.
C. Grant approval of signs per code requirements, except banners, and deny use of hot-air balloons for
advertising. Balloons are not allowed per our code and would require an amendment to the sign
ordinance.
D. Estimated overtime total for this event is $17,000.
RECOMMENDATION
Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions.
RAB:kwg ~QÞ~,wdA
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Doc,:96Delray,Aff
lL ~ CL!I- 'I/.L II /I¿¡ úJ~
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.
---..----..'" . - -,~_. ~. _."- ~..., _~ "'_'_~h_~___'___~k~___,_______,_-,,,,
.
'f~ AS (JCT 0 6 1995
The GREATER
DELRAY BEACH
Chamber of Commerce
October 4, 1995
Mayor and City Commission
City of Delroy Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor and Commissioners:
.
The Delray Affair is scheduled for April 12, 13, 14, 1996 and we would like to
request your support once again.
We are very proud of the excellent reputation the event has eamed over the last
32 years and we attribute a part of the success-to the great relationship we have
with the City.
The event has a significant economic impact of more than' $20 million as
measured in our 1994 Economic Impact Study. * We also are thrilled to share the
news of our latest award, "One of the 200 BEST Shows and Festivals in the United
States for 1995" bestowed by Sunshine Artist, America's premier show and festival
publication. It is our hope that this designation, along with others received in the
past, will assist us in our effort to continue to bring more tour 'groups and visitors
to Delray Beach during the Affair.
Please consider approval of the following Delray Affair items:
l. Endorsement by the City Commission;
2. Use of parking facilities at Worthing Park, Veterans Park, the City lot behind
Hand's, the lot south of Sun Bank's parking (adjacent to the railroad tracks),
Cason Cottage, and NE 1st Street for entertainment and display and
entertainment parking;
3. Use of all area within Worthing Park, Veteran's Park, and the exterior
grounds of Old School Square;
4. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and
closing Atlantic to traffic from Swinton Avenue to East 7th Avellue. Blocking
access to Atlantic from each side street in this area from alley to alley.
Suspension of parking time restrictions;
-continued-
DEUlAY BEACH
Greater Delray Beach Chamber of Commerce, Inc. ~A~~
64 S.E. Fifth Avenue, Delray Beach, Florida 33483 ~CiIy
1111t!
407-278-0424 · Fax 407-278-0555
Chamber Accredited by United States Chamber of Commerce
.
.
.,,-"- -,- ._, . .....j ,""_;_",C" ._.__.__.......~~:,,;...~
JO -, ~
-
Delrav Affair - Paae 2
5. Provide City staff support with representation from Police, Fire, Streets,
Engineering, Fleet and Facility Maintenance, Community Improvement, Park
& Recreation, and City Managers Office for planning and operation
services;
6. Allow this to be the only Commission approved event during the Delray
Affair time frame. Allow all vendor permits to be assigned by the Chamber
of Commerce only, with the exception of the Special Event Parking Lot
Concessions;
7. Permission to erect signs promoting the event from March 25th through April
14th. Permission to use one cold air advertising balloon within the event
area;
8. We request the City split the cost of City staff overtime services SO/50 with
the Chamber of Commerce.
We sincerely appreciate all of the efforts of the City employees and look forward
to a great Delroy Affair in 1996. We hope each of you will be a part of the
festivities.
~~.
William J. Wood
President
cc: Dave Harden, City Manager
\ Bob Barcihski. Asst. City Manager
Joe Weldon, Director of Parks & Recreation
Scott Solomon, Superintendent of Streets & Traffic
-Regional Research Associated, 1994
.
· oK
fJti{
[ITY DF DELIAY BEA[H
DELRA Y BEACH
f l 0 I'D A
tI.f&d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AlI·AmericaCity
, III I! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: ~RObert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, NOVEMBER 7, 1995
APPROVAL SERVICE AUTHORIZATION #3 DIGBY BRIDGES MARSH & ASSOCIATES
DATE: November 2, 1995
ACTION
City Commission is requested to approve Service Authorization #3 with Digby Bridges Marsh and
Associates, P.A. in the amount of $14,407. Funding is available in account number 445-4763-572-
31.30 Municipal Golf Course/Clubhouse.
BACKGROUND
This item was discussed at the last workshop. The scope of services includes planning, design and
construction documents for the clubhouse expansion, consisting of the dining area, storage area,
and mechanical area. The scope also includes construction administration and coordination
services for the construction of the storage area and mechanical room.
RECOMMENDATION
Staff recommends approval of Service Authorization #3 with Digby Bridges Marsh and Associates,
P.A. for architectural services for the clubhouse expansion projects,
RAB:kwg
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,
·~.. . ----.
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
CONSULTING SERVICE AUTHORIZATION
DATE: October 23, 1995
SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO. 93-18 (CITY) 90-24 Digby Bridges, Marsh
& Associates, P.A.
TITLE: CITY OF DELRAY BEACH PUBLIC GOLF COURSE CLUBHOUSE
This Service Authorization, when executed, shall be inco~porated in
and shall become an integral part of the Agreements dated January
20, 1994, between the City of Delray Beach and Digby Bridges, Marsh
& Associates, P.A.,
I. PROJECT DESCRIPTION
Provide contract documents for the expansion of the dining
room, storage and mechanical room at the above project.
II. SCOPE OF SERVICES
(A) The services the consultant shall provide shall include
all planning, design and construction documents for new
addition to the Clubhouse of ±2,400 sq. ft., consisting of
Dining area, storage area, and mechanical room.
(B) The consultant will provide architectural construction
administration and coordination services necessary for
the construction of the storage area and mechanical room.
(C) The following services which are included in Service
Authorization No.1 will be included in this agreement.
(1) In addition to the components listed in above Items
A & B, the architect shall be responsible for
preparation of landscaping plans (to include
xeriscaping) , irrigation plans, interior design,
structural engineering, mechanical engineering,
plumbing engineering, fire protection plans,
and electrical engineering.
(2) Final construction documents shall be completed on
Auto Cadd Version 12.
(3) The consultant (and contractor when construction
begins) shall attend weekly progress meetings with
the City to monitor the status of design and/or
construction and coordinate activities.
.
..- ..,.-,- _.--'-_..._.~ ._-.. -~'_._..' ,-~~. .
(4) Consultant shall provide all services necessary to
obtain approvals required, which may include, but
not necessarily be limited to the following:
Florida Department of Health & Rehabilitative
Services
Palm Beach County Department of Environmental
Resource Management
City of Delray Beach site Plan Review and Appearance
Board
City of Delray Beach Department of Environmental
Services
City of Delray Beach Building Department
City of Delray Beach City Commission
The consultant shall furnish all materials and make
presentations to these governing bodies as required
to obtain all necessary approvals.
III. BUDGET
.
compensation for services described above shall be a lump sum
fee of $16,950.00 (Sixteen Thousand Nine Hundred Fifty
Dollars) less 15% fee for architectural administration for
dining area, $2,543.00 (Two Thousand Five Hundred Fourty Three
Dollars) for a total of $14,407.00 (Fourteen Thousand Four
Hundred and Seven Dollars).
To be billed in accordance with the work completed, with a
maximum percentage for each section:
preliminary Design (Sketch Design) 15%
Design Development 20%
Contract Documents 60%
Construction Administration 5%
100%
Interior Desiqn
Interior design to coordinate design with existing and assist
the city in purchasing of items.
For a hourly fee not to exceed $2,000.00 (two thousand
dollars) As requested by the City.
Mode of payment shall be billed on a monthly basis and shall
be billed in accordance with the hourly rates set out below.
Compensation for additional services not included in this
Contract shall be at the following rates:
principal $115.00 per hour
Design $ 90.00 per hour
Sr. Draftsman $ 50.00 per hour
Jr. Draftsman $ 40.00 per hour
EXCLUSIONS:
Land Surveyor
civil Engineer
Soil testing
Local Government Process (above normal)
REIMBURSABLES:
Reimbursables not to exceed $2,000.00 (Two Thousand
Dollars).
.
"IV. COMPLETION DATE
The completion date for the plans, contract documents and
permit applications is 45 days from Notice to Proceed.
v. SERVICE AUTHORIZATION
This service authorization is approved contingent upon the city's
acceptance of and satisfaction with the completion of the services
rendered in the previous phase or as encompassed by the previous
service authorization. If the City in its sole discretion is
unsatisfied with the services provided in the previous phase or
service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed. .
Approved by: DIGBY BRIDGES, MARSH & ASSOC.,
CITY OF DELRAY BEACH: P.A.
Date Date
By:
Thomas E. Lynch
Mayor Title:
(Seal)
witness
Witness
Attest: BEFORE ME, the foregoing
instrument, this
day of ,
1994 was acknowledged by
Approved as to Legal on behalf of the Corporation
Sufficiency and Form and said person executed the
same free and voluntarily for
the purpose there- in expressed.
.
Witness my hand and seal in the
County and State aforesaid this
day of
, 1995.
Notary Public
State of Florida
My commission Expires:
.
.
,
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :It q.~ - MEETING OF NOVEMBER 7. 1995
DELRAY OAKS ECOSITE
DATE: NOVEMBER 3, 1995
At the October 24th meeting, Commission postponed consideration of
a request from the Palm Beach County Department of Environmental
Resources Management for relief from the stormwater assessment fees
for the Delray Oaks ecosite. Staff was directed to look into the
status of the property and possibly reevaluate its proposed use as
an environmentally sensitive passive area in favor of a potentially
developable piece of land. Attached is a synopis of the history
and preservation efforts for the site.
This property contains roughly 24 acres. Of this, 20.7 acres
appear to be high-quality native vegetation based on preliminary
environmental studies. Only 3.4 acres has been identified as
disturbed with exotic vegetation (Brazilian pepper) and
significantly impacted by human activity.
I should also point out that the County has signed purchase
contracts for all three parcels making up the Delray Oaks site.
Approval of the purchased is scheduled for the County Commission's
meeting on November 21, 1995. If the Commission wishes to pursue
other action, a decision should be made as quickly as possible.
Depending on how the Commission wishes to proceed, a decision also
needs to be made on the County's request for relief from the
stormwater assessment fees. I have included the background
information which was provided with the October 24th agenda.
ref:agmemo20
. ,
. . Memo CITY OF OELRAY BEAC~~
01<;
TO: j),4UJ/J ftuom ~
FROM: Jyft X- Ì},vu.tN(9ÚU.. DATE:
SUBJ: Dø L.f..IHf /Yf? s ~ C!...., Ì7{ &Jv¡A fIlL.,
~fIfIT OF IOjz4 / q J !
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1993
.
MEMORANDUM
TO: Diane Dominguez, Director
JR /(),Æ-
FROM: John Walker, Project Coordinator
DATE: October 27, 1995 '"
SUBJECT: DELRA Y OAKS
This is a brief synopsis of the history and status of the preservation of the Delray
Oaks site.
1990 Palm Beach County adopted the Environmentally Sensitive Lands
Ordinance to protect identified lands in this category.
1991 A bond referendum was passed in Palm Beach County for the acquisition,
protection and preservation of environmentally sensitive lands. The
County adopted the Environmentally Sensitive Lands Acquisition
Selection Ordinance to authorize negotiations to purchase such lands.
Delray Oaks (Ecosite 67) was identified as one of fourteen sites to be
given high priority for acquisition by the County.
1994 The City and County submitted a partnership application for funding from
the Florida Communities Trust (FCT) for matching funds to acquire the
Delray Oaks site. The grant was approved for the lesser of 50% of
purchase costs or $1,781,650.
1995 The City, County and FCT executed a conceptual approval agreement
regarding the terms and conditions relative to the use of grant funds, and
a confidentiality agreement regarding the ~elease of information during
purchase negotiations.
Currently, the County has signed purchase contracts for all three parcels making
up the Delray Oaks site. Approval of the purchase is scheduled before the
County Commission at its meeting of November 21, 1995, with closings
expected in November and December.
The detailed environmental assessment is scheduled to be completed in the next
two months, including site planning of the public use areas. Preliminary
environmental surveys included vegetative mapping and identification of listed
species on the site (see attached). These maps, together with site descriptions,
were included in the FCT funding application (see attached excerpts).
,
Diane Dominguez
Delray Oaks
Page 2
COMPREHENSIVE PLAN DIRECTION
Delray Oaks is specifically identified in the Conservation Element Objective B-1
and its implementing policies, which direct the City to undertake efforts to protect
environmentally sensitive lands.
"
Objective B-1
The City shall undertake efforts, through the following policies, to protect the
following natural reservations and environmentally sensitive areas:
(b3,b4)(c9)
· Leon Weekes Environmental Preserve;
· Delray Oaks hammock area in the Alfieri Pugliese Park of Commerce;
· Hurricane Pines scrub community along S.W. 10th Street west of U.S. #1
(S.E. 5th Avenue);
· The following Florida Inland Navigational District holdings:
· parcel off McCleary Street
· parcel southeast of the 8th Street Bridge
· parcel by Knowles Park;
Policy 8-1.1 The environmentally sensitive areas identified in Objective B-1
have been identified on the Future Land Use Map by an "Open Space -
Conservation" symbol. The F.I.N.D. parcels have been zoned into the
conservation zone district. This zoning shall be maintained in order to further
Objective B-1.
Policy 8-1.2 The Delray Oaks area of the Alfieri Pugliese Park of Commerce
shall be preserved through sensitive development under "planned
development" concepts, exaction (public sites dedication provisions of the
Land Development Regulations), or acquisition (including the County
Environmentally Sensitive Lands Acquisition Program). The City shall
participate with the County in seeking State funding for the acquisition of the
Delray Oaks site and its development as a preservation area. Hurricane
Pines along S.W. 10th Street should be preserved in part through sensitive
site planning.
Attachments
S:\adv\oaks3
,
DELRAY OAKS VEGETATION MAP EXHIBIT F
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EXHIBIT G
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ALTERATIONS AND DISTURBANCES TO PROJECT SITE
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.
ATTACHMENT 1
LISTED SPECIES FOR DELRA Y OAKS
PLANTS
Campyloneurum phyllitidus Strap fern .,
<-
I/ex cassine Dahoon holly
Lechea divaricata Pine pinweed
Nephrolepis biserrata Boston fern
Opuntia compressa Twistspine prickly pear cactus
Osmund a cinnamomea Cinnamon fern
Osmunda regalis Royal fern
Phlebodium aureum Golden polypody
Polypodium ptilodon Polypody fern
Psi/otum nudum Whisk fern
Thelypteris interrupta Aspidium fern
Tillandsia balbisiana Wild pine
Tillandsia fasciculata Common wild pine
Tillandsia fIexuosa Twisted wild pine
Tillandsia paucifolia Wild pine
Tillandsia setacea Wild pine
Tillandsia utriculata Giant wild pine
Vittaria lineata Shoestring fern
ANIMALS
Gopherus polyphemus Gopher tortoise
.
~
.
ATIACHMENT 2
--_..- --_.~.. .......... .
DELRAY OAKS GOPHER TORTOISE SURVEY
SEPTEMBER 29, 1992
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(1 )(b) 12 How does Ihe proposed project further comprehensive plan d~actlvoa 11onsuro tho
preservation of unique geological and historical sites? (5 points); ()
Not applicable. Delroy Oaks does not contain unique geological or hlstorlcal f..torr
(1)(b)13 How does the proposed project further comprehensive plan directives th provide for
coordination with existing resource protection plans such as resource p1anning and
management committee plans, aquatic preserve management plans;~and estuarine
sanctuary plans? (5 points). D
Not applicable.
(2) Furtherance of Natural Resource Conservation, Coastal Protection, and Outdoor
Recreation
(2)(a) Protection of Vegetative Communities. Ecologically viable natural vegetative
communities occur on the project site.
(2)(a) 1 Does the project site consist of predominantly native forested or non-forested
vegetative communities that have not been subjected to significant disturbances or
alteration as a result of current or past human activities? If so, describe the site
Including the approximate percentage of the project site which has been disturbed or
altered and the documentation used to justify thIs determInation. (5 points); !;'
The Delray Oaks site contains approximately 20.7 acres of high-quality native vegetation fringed on
three sides by approximately 3.4 acres of disturbed and exotic vegetation (exhibit F) and 0.5 acres
of canal easement. Two native forested vegetative communities (prairie hammock and xeric
hammock) together form a low hammock with a closed canopy that dominates the project site. The
prairie hammock contains cabbage palms of various ages, with occasional large live oaks and an
understory of ferns and shrubs. The xeric hammock is dominated by moderate-sized sand live
oaks, with an understory of silver saw palmetto. Along the western edge of the site Is an area of
mesic flatwoods dominated by saw palmettos, grasses, shrubs and vines. A strand swamp Is
located In the northern portion of the project site. This swamp has developed from a former canal
that was relocated farther north 30 years ago. While it was originally formed as a result of human
, activities, It has evolved Into a functional natural system providing habitat for two threatened fern
species and a variety of wetland species. The hammocks, mesic flatwoods, and the strand swamp
are all hlgh-quality vegetative communities relatively undisturbed by recent human activities.
'~
An area of approximately 3.4 acres (14% of the site) around three sides of the site has been
significantly Impacted by human activity. The eastern, northern, and southern edges of the site
contain a mixture of Brazilian pepper and low weedy vegetation that Is periodically mowed. These
areas have been Impacted by clearing for road, canal, and adjacent housing construction, trash
dumping and removal of cabbage palms for landscaping purposes. The Impacted acreage was
determined by mapping the vegetation types on an aerial photograph and measuring the area with
a planimeter.
11
.
·,
(2)(a) 2 Does the project site contain native vegetative communities or plant species that are
recognized as rare or threatened locally or regionally In the" applicable comprehensIve
regional policy plan, local comprehensive plan, or by the state? It so, discuss the
supporting Information and Include documentation used to Justify this desIgnatIon.
(5 points); ~
The florida Natural Areas Inventory (FNAI) ranks the xeric hammock community as S3 or
uncommon In the state (Attachment 3).
"
Seventeen plant species listed by the florida Department of Agriculture and Consumer ServIces
(Attachment 4) have been documented on the project site by Palm Beach County Department of
Environmental Resources Management (ERM) staff biologists. Twelve of these species are listed
as threatened, four as commercially exploited, and one, pine plnweed, Lechea dlvarlcata, as
endangered. The Treasure Coast Regional Planning Council lists fourteen of these plant species
as regionally rare or threatened (Attachment 5). One threatened fern, Polypodlurn ptllodon. Is
extremely rare locally and has only been reported from one other site In. Palm Beach County.
Delray Oaks Is also one of only two recorded locations In Palm Beach County for beargrass. Yucca
filamentosa, a non-llsted plant species.
(2)(a) 3 Does the project site contain types of vegetative communities recognIzed by the
Florida Natural Areas Inventory as "imperiled" or "critically Imperiled?" If so, dIscuss
the supporting Information Including documentation used to justify this desIgnation.
(5 points); 0
Not applicable. There are no vegetative communities present on the Delray Oaks site that are
recognized by the florida Natural Areas Inventory as Imperiled or critically Imperiled.
(2)(a) 4 Will the degraded or altered vegetative communities. If any, that occur on the project
site be restored or enhanced to their natural state In terms of bIological compositIon
and ecological function? If so, discuss the extent of the degradation, restoration plan,
and expected benefits. (5 points). ~/
The Delray Oaks site contains only a fringe of degraded habitat (Exhibit G). The majority of the site
Is unaltered. Vegetative communities have not been degraded and contain no significant
concentrations of Invasive non-native vegetation. Brazilian pepper and other Invasive non-native
vegetation will be eradicated from the northern, eastern and southern borders of the project site.
Part of this area will be utilized for a parking area. The remainder will be managed to encourage
. live oaks and cabbage palms to seed Into and establish In this area and eventually grow Into a
closed hammock.
A disturbed weedy ecotone located on the northwest corner of the site Is known to support a
population of gopher tortoises, Gopherus polyphemus, a species of statewide special concern
(Attachment 2). This area may be maintained in an early successional stage to best support the
gopher tortoise population. The benefits of this restoration plan are the expansion of a vegetation
community that is rare In southern Palm Beach County and the maintenance of an animal species
population that Is of statewide special concern.
(2)(b) Protection of Wildlife. The project site protects wildlife populations or their habitat.
12
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(2)(b) 1 Does the project site contain habitat recognized by approprIate state or federal
agencIes as typically suitable for one or more listed animal specIes? If so. discuss
the supporting Information and include documentation substantiating the suItability
of the habitat. (5 points); :r
The mesic flatwoods habitat and the weedy mowed ecotone on the project's perimeter have been
identified by the florida Game and Fresh Water Fish Commission as suitable habitat for the gopher
tortoise. Gopherus polyphemus (Attachment 6). This suitability Is supported by the presence of
/ tortoise burrows and visual observations by county staff of gopher tortoises on the''Oelray Oaks site
(Attachment 2).
(2){b)2 Has one or more listed animal species been recently documented by professionally
accepted methods to use all or a portion of the project site as habitat? If 80. discuss
the supporting Information and Include documentation. (5 poInts); 6/
A survey conducted by county bIologists on September 29. 1992 located 10 active gopher tortoise
burrows and 2 Inactive burrows (Attachment 2). Four IndMdual tortoises were observed during this
survey. The gopher tortoise, Gopherus polyphemus, Is listed as an animal species of special
concern by the florida Game and Fresh Water Fish Commission (FGFWFC; Attachment 4). This
survey was not exhaustive and the possibility exists that additional burrows and tortoises may be
present.
It Is recommended In FGFWFC Nongame Wildlife Program Technical Report No.4 (Ecoloav and
Habitat Protection Needs of GaDher Tortoise rGoDherus Dolvohemusl Pooulatlons Found on lands
Slated for Laroe-scale Develooment in Florida) that a conversion factor of 61.4% be applied to the
total number of active and Inactive burrows to estimate population size. Based on this conversion
factor, there are at least 7 gopher tortoIses Inhabiting this site. The biologist that conducted the
survey believes that this population estimate Is low and that as many as ten tortoIses may be
present. One of the burrows has a small opening, Indicating that It was made by a Juvenile tortoise
and that this gopher tortoise population is able to reproduce and maintaIn Itself.
(2)(b) 3 Does the project site support or is it critical to the recovery or maIntenance of
regionally significant populations. as recognized by the appropriate state or federal
agency. of one or more listed "animal species. or colonIal or mIgratory bIrds? If 80,
discuss the supporting information and Include documentation, (5 points). ,.;
. A survey conducted by county biologists located both active gopher tortoise. Gopherus
polyphemus, holes and Individuals on the project site. One of the burrows has a very small
opening, Indicating that It was made by a Juvenile tortoise and that the population on site
Is reproducing. A Florida Game and Fresh Water Fish Commission (FGFWFC) report on
identification of critical gopher tortoise habitat In south florida listed Delray Oaks as
remaining unprotected habitat that Is recommended as a high-priority acquisition site
(Attachment 6). FGFWFC Nongame Program biologists have indicated that this gopher
tortoise population is regionally significant.
County biologists conducted a bird survey on the Delray Oaks site on September 29. 1992, and
Identified 22 species of birds (Attachment 7). Of these. 7 species are migratory and 2 species can
be either migratory or residential. This survey IndIcates that Delray Oaks Is a sIgnificant resting and
feeding area for migratory birds, In addItion, a great blue heron and a green-backed heron were
observed roosting at the site. indicating that it might function as a minor rookery for wadIng birds.
13
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.
. -.
[IT' DF DELRR' BER[H
DELRA Y BEACH
f lOR I D A
tdtd 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AlI·America City
, 'III!
1993 MEMORANDUM
DATE: October 20, 1995
TO: City Commission
FROM: David T. Harden, City Manager tJït1
SUBJECT: Stormwater Assessment Fees for the Delray Oaks Site
As is detailed in the attached letter, the Palm Beach County Department of
Environmental Resources Management is asking for relief from the stormwater
assessment fees for the Delray Oaks ecosite which they are in the process of acquiring.
Essentially, the City has three alternative courses of action:
1. We could simply take the position that we will continue to assess and collect
stormwater fees for this site. This is consistent with what we are doing on other
county owned properties within our city limits.
2. If the county enters into some kind of agreement with the City which gives the City a
significant degree of management control over this preservation park site, then it
might be appropriate for the City to pay the stormwater assessment fees. I believe
that we pay the fees for those county park properties which we lease from the county
in the beach area.
3. We could waive the fees. I would strongly recommend against waiving the fees for
the reasons outlined in the attached memo from the City Attorney.
I recommend that we notify Palm Beach County Department of Environmental Resources
Management that the City would be willing to accept responsibility for paying
stormwater assessment fees for the Delray Oaks site if the County is willing to enter into
an agreement with the City for site management in a manner similar to the Leon Weekes
preserve.
DTH/mld
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS c¡;r
. '
REC!:;!VED
-, !)¿ !
-' oc r - 2 I~unty Administrator
Board of County Commissioners
Ken L. Foster, Chairman CITY Mf" Robert Weisman
Burt Aaronson, Vice Chairman : '1[." li-··.
Karen T. Marcus Department of
Carol A. Roberts
Warren H. Newell Environmental Resources Management
Mary McCarty
Maude Ford Lee
September 26, 1995
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
SUBJECT: STORMWATER ASSESSMENT FEES FOR DELRAY OAKS SITE
We are pleased to inform you that The Nature Conservancy has obtained an option contract from Florida
Power & Ught for their ownership in the Delray Oaks ecosite. The acquisition of this ownership and the
acquisition of the AM Associates ownership are scheduled to be considered by the Board of County
Commissioners on November 7th. The agenda items will need to include information on any easements and
reservations encumbering the property. This information will include the stormwater assessment of
approximately $29 per acre on each of the three parcels.
In your letter to us dated April 27, 1995, you stated that the City may pay these fees, depending on how the
property is titled and how management of the property is structured. The County is paying the entire cost
of acquisition of the site, and will be the titleholder. The site development costs for fencing, signage, and
public access facilities, including a parking lot, handicapped-accessible nature trail·, and kiosk, will be paid
by the County, as will the majority of the management costs. We anticipate developing an intertocal
agreement with the City, as our partner in the grant application for state matching funds, that would identify
the types of assistance in management that the City would provide. These activities could include pickup
of trash, opening and closing the public access gate, and other contributed services. If the City paid the
stormwater assessment fee, this contribution also could be included in the interlocal agreement.
Please consider this information and let us know as soon as possible if the City is willing to pay the
stormwater assessment fee, so that we may inform the Board of your decision. Please feel free to contact
me or Kathieen Brennan at 407/233-2400 if you have any questions.
We appreciate your support of this acquisition, and look forward to working with you to protect the site and
to plan for the opening of the natural area for public use and enjoyment.
Sincerely,
f?;wcSL
Richard E. Walesky, Director
Environmental Resources Management
REW:KMB
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406
(407) 233-2400 Sun com 274-2400
.
OCT 1 9 f99S
CITY MtI·'· -:~-..... ( I=flr:;
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444
FACSI~,!]LE 407/278-4755 Writer's Direct Line; (407) 243-7091
DElRAY BEACH
f l 0 It I D A
........ MEMORANDUM
All,America City
, III I! DATE: October 17, 1995
1993 TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Stormwater Assessment for Delray Oaks Site and
New Law Regarding Assessments on School Property
.
Delray Oaks
I have researched the question regarding the waiver of special assessment fees for the
Delray Oaks property. The stormwater ordinance does not provide for a waiver for
county owned property. However, Chapter 30 of the Code of Ordinances does contain a
general waiver provision. A waiver for this property could be granted by the
Commission if the Commission determines that due to certain qualities or aspects this
property is unique and a waiver would be warranted. Granting a waiver may however
open the door to other such requests. The City could by contract pay the assessment.
This option may be preferable in this case.
For your information, Angela Rowe, in Stormwater Utilities, stated that the Delray Oaks
site consists of three parcels which are 3, 16.35 and 2.4 acre parcels for a total of 21.75
acres. The stormwater assessment for each acre in this area is $48.80 annually. This
results in a total assessment for the Delray Oaks property of $1,061. 40 annually.
School Board Property
Attached please find a Supreme Court case of interest, Blake v. City of Tampa, and
other materials governing special assessments of governmental property. The case sets
forth that governmental property may be specially assessed by special enactment of the
legislature or by necessary implication.
School Board property may also be specially assessed but only upon special legislative
authority which expressly provides for such assessment.
® Ponied on Recycfed Paper
.
.
Memo to David Harden
October 17, 1995
Page 2
Previously, Florida Statute Sec. 235.34 sets forth the scope of the School Board's power
to pay certain special assessments. It was limited to the items listed in the statute. The
statute permitted the School Board to pay for "sanitary and utility improvements". The
statute did not provide for stormwater assessments. This statute was repealed effective
July 1, 1995.
However, the Legislature enacted Chapter 95-341 of the Laws of Florida, which created
a new Florida Statute 235.34. This new law gives municipalities the authority to
specially assess property, and gives the School Board authority to pay stormwater
assessments. (See attached.) In light of the new law I believe we can now assess all
governmental properties including the School Board.
Any assessment on governmental or school board property ,may not be collected by
execution, levy, or foreclosure.
Please call if you need anything further.
~/
SAR:jw
Attachments
cc: Brian Shutt, Assistant City Attorney
storm, sar
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1fV1
\
SUBJECT: AGENDA ITEM i q . D . - MEETING OF NOVEMBER 7. 1995
BID AWARD FOR N,E. 7TH AVENUE ROADWAY AND UTILITY
IMPROVEMENTS/RIC-MAN INTERNATIONAL. INC,
DATE: NOVEMBER 3, 1995
This is before the Commission to consider awarding the bid for the
N.E. 7th Avenue roadway and utility improvements project to Ric-Man
International, Inc. as the lowest responsible responsive bidder in
the amount of $259,145.50. A lower bid was received from A, K.A,
Services, Inc. in the amount of $257,886.00. However, A.K.A.
Services did not prov ide the proper licensing with their bid nor
did they have the proper licensing at the bid opening, Therefore,
the bid was considered non-responsive.
The work generally consists of water main upgrade, drainage
installation and roadway reconstruction and overlay on N,E. 7th
Avenue from Atlantic Avenue to N.E. 1st Court.
Funding for the paving and drainage portion of the work in the
amount of $151,004.00 is available from Decade of Excellence Phase
II - Reconstruction (Account No. 228-3162-541-61.19), while funding
for the utility improvements in the amount of $108,141.50 is from
Water & Sewer - N.E. 7th Avenue Improvements (Account No,
441-5181-536-69.19).
Recommend bid award for the N.E. 7th Avenue Roadway and Utility
Improvements project to Ric-Man International, Inc. , as the lowest
responsible responsive bidder, in the amount of $259,145.50.
~ 5-0
ref:agmemo18
.
Agenda Item No. 9Þ
AGENDA REQUEST
Date: November 1, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: November 7, 1995
Description of item (who, what, where, how much):Project No. 94-049,
N.E. 7th Avenue Roadway and Utility Improvements. Work generally
consists of water main upgrade, drainage installation and roadway
reconstruction and overlay on N.E. 7th Avenue from Atlantic Avenue to
N.E. 1st Court.
The lowest responsible responsive bidder for this project is RieMan
International with a bid in the amount of $259,145.50.
The funding sources are as follows:
Portion of Project Funding Source Account No. Amount
Paving and Drainage Phase II 228-3162-541-61.19 $151,004.00
Decade of
Excellence
Water Main Water and 441-5181-536-69.19 $108,141.50
Sewer
Connection Fees
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~
Recorrnnendation: Staff recorrnnends award of Project No. 94-049, N.E.
7th Avenue Roadway and Utility Improvements to Ric Man International
with a bid in the amount of $259,145.50 .-1) I!if¿;-
Department head signature: ~Å~-
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recorrnnendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description22-&-3/102-:;1ff-bl.I? (DR:/r()~ PHM~.JJ:J ~~(}v)
Account Balance ~ lflff), ç8t.f.. ~3 I
. 4-1./-1- 578-1- ~ {,- b '7.1 J. (fvr$ ,.ve ~ M ,t\'IA, ~~)
City Manager Review: @ !o8-¡I'f,;), ¿) I BtA.~rfFr ¡R.A.,..¡J~
Approved for agenda: ES NO tJjv(
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG4049.DOC
·
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William Greenw~1"'J'R.
Director ofEnviro n eMces
DATE: November 1,1995
SUBJECT: NE 7th Avenue, Roadway and Utilities Improvements
Project #94-049
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on November 7,
1995 requesting award of the construction contract for the referenced project to Ric Man International,
Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $259,145.50.
A bid was received from A.K.A. Services, Inc. in the amount of $257,886.00, however A.K.A. Services,
Inc. did not provide the proper licensing with their bid, nor did they have the proper licensing at the time
of bid opening, therefore the bid was considered non responsive.
The work generally consists of water main upgrade, drainage improvements, and roadway reconstruction
and overlay on NE 7th Avenue from Atlantic Avenue to NE 1st Court.
The funding sources for this project are as follows:
Portion of Proiect Fundin2 Source Account No. Amount
Paving and Drainage Phase II 228-3162-541-61.19 $151,004.00
Decade of Excellence
Water Main Water and Sewer 441-5181-536-69.19 $108,141.50
Connection Fees
Please place this item on the agenda for commission approval.
Enclosed
cc: Joseph Stanford, Finance Director
Richard Husk, PE, Deputy Dir. ED, Public Utilities
C. Dancers Beauty, PE, City Engineer
File: Project No. 94-47 (A)
DOCI0.DOC
·
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·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9ê - MEETING OF NOVEMBER 7, 1995
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: NOVEMBER 2, 1995
At the October 24th regular meeting, John Baccari was appointed as
a regular member on the Board of Adjustment. He had been serving
as an alternate. With this appointment, a vacancy has been created
for an alternate member on the Board of Adjustment to fill an
unexpired term ending August 31, 1997.
To qualify for appointment, an individual must either be a resident
of, or own property and/or own a business within the City.
Applications have been received from the following:
Donald Allgrove (also applied for Housing Authority)
Janet Baron
Richard Brautigan (also applied for Housing Authority and
Code Enforcement Board)
David I. Cohen
Anne Hoctor
Leo Koppman
Janet Phipps
Benjamin F. Ricker, III
Nicole Sarlo
Sid Soloway (also applied for Code Enforcement Board)
Jess Sowards
Leonard Syrop
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
Based upon the rotation schedule, the appointment will be made by
Mayor Lynch (Seat #5).
Recommend appointment of an alternate member to the Board of
Adjustment to fill an unexpired term ending August 31, 1997.
ref:agmemo2
.
. 01
.
.
. CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
( NAME ~~ M ~D\<.IAZD~
~~ ~~\M ~ \)Ü \-~ z... ~ 3~ ß3
}lOME ADDRESS (S~re~t., C!ty.,.~ip Code) (LEGAL RESIDENC) . 3~444
. \ ':> y tv€ \~ I1Ut,. ~i ~~~ FL·
PRINCIPAL BUSINESS ADDRESS (Street. City, Zip Co e) )
ROME PHONE 27B-47$'0 BUSINESS PHONE ~Î~-1.9S-(
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~ AWEA\?ANC.E
~VIEÑ-I ~
11>01\
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) 5Rl2..6€:> . qo-
WMMUNf"f( A~?¿M.ki& ~p b-'lOTb 8~cro
ql
EDUCATIONAL QUALIFICATIONS ~. D~ Aræ-rŒCTUeE. Wt-\\\I~~S11'f Of ~'f\
(
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
_~S1""f.~D McHrre:c) - ~~\?)1-
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
t'.,IJe1ZU:!; ./ £: !J .Ie ~ ~ ,p..\1:.S - 'f'?Dl~ b1A"-!~
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
~M¡PL.O'(ao "g1 Ú)}~I~ ~·.1.frs.\O~~, FOJ!- 8 '[f:A1l-~ "t-
IN- 'D~ ?A'{ ~ AS A 'P, M. ANo FAM I u~ '\# I TI-1. 1J:t ~
('1~f:S~ fò l.. Mfet>v~S AIJO g:&\t.~ Cl>ÑS\ O~'1lOttJS
PLEASE ATTACH A BRIEF RESUME.
1 HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~r 8"~"4o
DATE
4/90
,
·r
.
.... .. .
.
JESS M. SOWARDS
l' æ51 KirkkMngtoo Drive #51
1Bxingtoo. Kentucky 40502
(606) 273-3918
OBJECI1VE: INTERN-AfDiITECT Seeking a challenging employment oppcr1I.Inity that utiliZing my abilities and knowledge
dthe arctitettural p ~I and pn:Mdes an eJaÐent oppcr1I.Inity fer advaIœnent.
EDUCA11ON: UNlVERSnY OF KENTUCKY - Cocl.peœd 5 year program with Bachelors d ArchItecture degree In 1987.
EASTERN KENTUCKY UNlVERSnY - Con1*ted 52 hI:us tøNard an ABxIates degree In drafting and
- design tech.lOIogy from 1978 to 198>.
- PROFESSIONAL SELF EMPLOVED : ~ngtm. Kentucky - April 1987 to present
EXPERIENCE: AfOirrECT'URAL DESIGNER presently designing Sf!'ÆI'3I design coocepI:biS fer a restaurantJbar in Frankfcrt
aIoog the Kentucky River.
PERSPECTIVES DFSIGN GROUP INC. - ~Ie, Kentucky - September 1984 to August 1965
DRAfiSMAN/DfSIGNER sucœssfully designed and supervised over $1.500.000 In residential anstnIctia\.
Respa Sbilities Included client relatioos. site supervIskr1, presentaticrVsc and YØ1<ing dïc!Wing5,
materlal/procb:t seIectioo. and tiddinglcmtract negoöatkm.
( CAI - PikeYiIIe, ~ - May 1984 to September 1984
ESnMATORICDNSTRUCTION WORKER successfully irIvoIw!d with prQject bidding and estimating 00 an
eIemeIltary sd'IooI. RespalSibilities also Included site \\01(, assisting superviscr in Interpretatioo of blue-
prints. 00 site design dedsIoos and labor wa'k.
PERSPECI1VES DFSIGN GROUP INC, - PikeYllle, ~ - May 1983 to qm 1983
DRAfTSMAN/DESIGNER respoosIbIe fa" all werking drawings. 90% of the prQjects were residential, ranging
from $200,000 to $1,000,000. 10% of the v.a1< \\/as educational coostnJetIoo. Direct oontact with all
clients, bidding and cmtract negatiatioos and logo designs. .
JAMFS A. ELLIS a ASSOCIATES - PikeYllle, KentlJcky - May 1!Ø> to August 1982
DRAfiSMAN acting as assistant to chief designer and respoosible fa" compIetioo and accuracy of YØ1<ing
drawI~ In architectural otnœ. PrQ ects Included an 11-say otnœIretaIl building with parking garage.
3-stay otrIœ building, shopping center, a religious sanctuary. ski resort cIMJIopment and analysis, housing
deYeJopment. dt;y rennovatiaI plan and residentIa1 coostnJetIcn Active I1Jties Included cmstruction de-
taUlng, material/prociJct seIectioo. site supervIsIoo, client reIat:ioos. aide reserach. bidding and cartract
negoöatkm.
ADVANCE ENGINEERING - PikeYllle, ~ - May 1979 to qm 1979
APPRENTICE DRAfiSMAN respoosIbile fa" axnpIetjoo of UJ1de¡ WI ~ mining maps. surface mining maps, .
property plots. cmtDur drawings and fteIdImIning SUJVeylng. -
PERSONAL: Bern 12-11-60, single, excellent health.
( Enjoy a variety of spcrting activities. These include tennis, skiing, scuba diving and golf.
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ¡/jt/(
SUBJECT: AGENDA ITEM i 9 F - MEETING OF NOVEMBER 7. 1995
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: NOVEMBER 2, 1995
Hilary Carpenter has submitted her resignation from the Code
Enforcement Board, creating a vacancy for an alternate member to
fill an unexpired term ending January 14, 1998. Ms. Carpenter had
served in the capacity of a member with expertise in the field of
real estate.
All members must be residents of the City. Whenever possible, the
regular and alternate membership should include a realtor. The
Code states, liThe realtor shall be licensed under the laws of the
state licensing real estate brokers as either a broker or a
salesperson, or shall possess similar qualifications under the laws
of other states, or shall have actual experience deemed by the
Commission to be equivalent to licensing. II While the appointment
of an individual with expertise in the field of real estate is
desirable, it is not mandatory.
The following persons have applied for the real estate position:
Martin Bellsey
Chris Stray
Stanley Watsky
The following laypersons have also applied:
Richard Brautigan (also applied for Board of Adjustment
and Housing Authority)
David Cohen
Barbara Holden
Sidney Soloway (also applied for Board of Adjustment)
Anthony Veltri
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Mayor Lynch (Seat #5),
Recommend appointment of an alternate member (real estate position)
to the Code Enforcement Board to fill an unexpired term ending
January 14, 1998.
ref:agmemo3
- -
RECF\VEO
OC1 \ \ \995
CQDE E~FÙ\\~tMH\\
October 9, 1995
Norma Smith
Code Enforcement Dept.
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Norma,
This letter will serve as written notification, that I am no
longer able to serve as an alternative member of the Code
Enforcement Board due to a lack of time constraint.
Thank you for all of your help in these past months. Good luck
to you and everyone on the board.
Sincerely,
rl~t ¿u '{"
),l~"-
Hilary Carpe ter
.
. -
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME eHR./S e ST/ê~ ý
/ ~S- AI Ç. QF(),et; £ J3i/5h ¡JJ..YI) ) E-L-æA- Y RAe II Æ 33 VYI-~tJ
HOME ADDRESS (Street, City, Zip Code), (LEGAL RESIDENCE)
fblf ~ Ti,/)i/êAt:. /lw'f 2)£/¡eAy¿rol{~ h ~37183
PRINCIPAL BUSINESS ADDRESS (Street, City,· Zip Code) ,
HOME PHONE ~7 tj- 87tf3 BUSINESS PHONE ;¿7:£ - {I (J-ð ()
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ,6t"dV h ß c ~17 Comll.JE~£
¿11 c{ GOtL. & Ct2£ttm£/l1
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS C:/Ic~f qR4- Ù .
I
LIST ANY RELATED PROFESSIONAL CERTIFICAT NS AND LICENSES WHICH YOU HOLD
- C Ii. £ct1 '- lu ¡€-¡¿to re.. - 1M//!, /)~f. ~"¿,
_ '£A--L £57' /7Tf- ~/CfA)S"~-' c-4-
G V YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
7H/æ'l1 'I ß{~cIr ,;1f¿j
THIS
AA.I Ct/J7d.A1
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTAT NT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION KAY C SE FORFEITUR ON MY PART OF ANY APPOINTMENT I KAY RECEIVE.
~ -I{
~ LÝ¡/773
DATE ' 4/90
. '
·
- .
M E M 0 R A N DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 1.G. - MEETING OF NOVEMBER 7. 1995
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: NOVEMBER 2, 1995
The term for Charles Broadnax will expire on October 27, 1995. Mr,
Broadnax was originally appointed in March of 1992 to fill an
unexpired term. He is eligible and would like to be considered for
reappointment. The attendance record is attached.
To qualify for appointment, a person cannot be an officer or
employee of the City for which the authority is created. In
addition, at lease one commissioner must be a resident-member.
There is a resident-member currently serving on the Housing
Authority. The term is for four (4 ) years, ending October 27,
1999.
The following individuals have submitted applications:
Donald Allgrove (also applied for Board of Adjustment)
Richard Brautigan (also applied for Board of Adjustment)
Charles E. Broadnax (incumbent)
David I. Cohen
Clifford H. Durden, Jr.
Herbert Freese
Leroy Harrison
Fannie Hunt
Robert Hutzler
Rosalind Murray (currently on Education Board)
Jay Slavin
Kelly p, Whalen
Roland Williams (currently on Education Board)
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
Per Florida Statutes, members are appointed by the Mayor and
ratified by the Commission. By prior consensus, however, each
Commissioner, on an informal basis and according to the rotation
schedule, makes a recommendation to the Mayor as to Housing
Authority appointees. For this appointment, the recommendation
will be made by Commissioner Alperin (Seat #2).
Recommend appointment of a member to the Delray Beach Housing
Authority for a four (4 ) year term ending October 27, 1999.
ref:agmemo1
-rhomfl~ F. ~&.¡ , .J;::.
·
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DELRAY BEACH HOUSING AUTHORITY 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
W. Howard Ellingsworth P Ex ExlEx P A P/P/P P pip P PIP
Thaddeus Cohen (appr t 10i~ 5) ~ A
Judith Colvard P Ex pip P P p/p/p P pip P PIP
Kevin McCarty P P Pip P P P/P/p P Alp P PIP
Rev, L.C. Johnson Ex P Ex/P P P P/A/P P PIP P PIP
Charles Broadnax P P PIP P P p/p/p P pip P PIP
Robin Preston Ex P ExlEx P P p/p/A P Pip P pip
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MEMORANDUM
TO: City Commission
FROM: Anita Barba, Executive Assistant
THRU: Alison MacGregor Harty, City Clerk
SUBJECT: ADDITIONAL APPLICATION FOR THE DELRAY BEACH HOUSING
AUTHORITY
DATE: November 7, 1995
Please find the attached additional application for the Delray Beach
Housing Authority:
Thomas F. Carney, Jr.
update. doc
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CIT\ OF Df.LRAY I!ACH
~WARD !1~:-æER AfPUC^ ~
NA.~E 7Jfo.r!'A-S _f.:-~lf~N eÿ :,; "~. 0" __
ÌI?.l(~nR~~~;.-.f.'!Jt~/~ 7. ~l'(.,{ ) 1 (!tt.l~l¡JJ,~1{ do. . J F L. ~ 1_y~/{l
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HOME PHO!-JE BtlStt\ESS PHoNE~{)r) 369- /'fOD
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ON WHAT BOARDS ARE YOU INTERESTED )N ~ERVING
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tIST ALL C1TV BOARDS ON WHICH YOU AK~: Cl'RRf~;ny Sn\'JN(j rlR HAVr J' {EVI0l'SU'
SE~VtD {Pl..~. lnclud. dftt~ß)
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.. - . '. .. . . -. .. - - - -
GIVE 'YOl!)t I~Rk;S1::NT. OF. MoSt RECENT l.HnO'1'I::R, ÞSD POS T 1 ON
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._..Ç!./ffJ.!lÞ.Y. J:.ß6A'- _ß~V~i ;0"_.. _ ____-.
DtSCRHlE EXPERIENCES. f-ìK LL~ OR KNO"'U;nl:t: WHl¡:H Ql1A¡ trY ¡'( I' io S!:.I\U:: (Ì~ TlJI~j
HOARD
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PI.EASt ATTACH A BUE' l!9UME.
] HEREBY CERTIFY 1RAT A1,t 1'HE ABOVE SiAiE)1ESTS A,lU, 1'Rl'F-. ANn I A(;ttU A..\;!'I \
UNDERSTAND THAI ANY MISSTATEMENT Of MAn~RIAL FACTS CONTAJ ~r.n IN IH j ~ A..PPl 1 (:,\- \
TION MAY CAUSE FORFEl nJln: "PON MY PAR OF ANY APPOHáMENl I MA" Rrn. v¡.:, '
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DATE ~..-.. -
4/90
NOV- 1-9~ TU~ 16:08 d~7 ?4~ ~77. P-~?
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NO.....- 7-9!:5 TUE 17:28 THOMAS CARNEY
P.0~
THOMAS r. CARNEY, JR.
1101 North Congress Avenue, Suite 200
Boynton Beach, Florida 33426
(407) 369-1400 (Office)
(407) 369-1115 (Fax)
October 1979 to pre.ent ATTORNEY-AT-LAW.
Concentrating in real estate; financial transactions; workouts;
corporations (including mergers and acquisitions); and
contracts.
December 1983 CARNEY AND COMiANY, INC. Founder
to Present and Chairman of the Board,
Activities include investment banking and holding company
operations. SUbsidiary companies include . The Carney Groue.
.
~ (investment banking, member N.A.$.D. and S.I.P.C.);
March, 1991 to Present CARNEY-JONES INVESTMENT CORPORATION
Co-Founder and chairman
Engaged in the acquisition and/or management of office buildings
and mUlti-family residential properties.
December, 1990 to ROANOKE-LYNCHBURG TELEVISION ACOUISITI~
October, 1993 CQRPORATION. Founder and President
Owned and operated Channels 21 and 27 in Roanoke-Lynchburg,
Virginia' (Fox Television Affiliate). Company sold in October,
1993,
December, 1990 to IÇOLOGIC WASTE SERVICES, INC.
December, 1994 Co-Founder and Vice-Chairman
Company founded and was one-third owner of U.S, Tire Recvcling~
~, the largest collector and disposer of scrap tires in the
Mid-Atlantic states (headquartered near Charlotte, N,C.) .
Company sold in December, 1994,
December, 1984 to PPLOTACIONES PORTUARIAS, S. A., TARRAOON-L,
November, 1987 SPAXN. president.
Owned and operated private maritime terminal and stevedoring
company; developed new business/trade between the Port and other
European and South American/Caribbean countries.
June, 1981 to COMMITTEI ON WAYS AND MEANS, United States
October, 1983 House ot Representatives, ,Washington, D.C.
Assistant Minority (Republican) counsel.
1
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- - . -- .. . . 4I11III;" ;;JÞ . r-I '-oil I-I .... .-.. '- ...... '" ..... ~ I
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October, 1979 to 9PPICE OF CHIEF COUNSEL, Internal Revenue
Jun., 1981 Service. Washington, DC. Attorney-Advisor,
Legislation and Regulations Division.
8ANK DIRECTORSHIPS
May, 1986 to July, CARNEY BANK.
to June, 1992 Founder; Vice Chairman of the Board.
December, 1988 ÇOUNTY NATIONAL BANK OF SOUTH PLORIDA,
to AUgU8 t , 1992 Director; Member Executive/Loan Committees.
May, 1984 to GIBRALTAR SAVI~GS AND LOAN ASSOCIATION,
March, 1987 Miami, Florida.
PROFESSIONAL MEMBERSHIPS
Florida Bar Association, Massachusetts Bar Association. United
States Tax court Bar, and the American Bar Association.
EDUCATION
Legal Georgetown University Law Center, Washington, D,C. ,
Master of Laws in Taxation (M. L . T , ) , 1984.
Boston College Law School. Newton centre, MA,
J.D. , 1979.
Activities: Associate Editor, Boston College International and
Comparative Law Review, 1978-1979; staff member, 1977-1978.
Student Representative. Committee on Foreign Activities of U,S.
Taxpayers, A.B,A. section of Taxation, 1978-1979,
Publication: "The 1976 French Finance Law: Its Effect on U.S.
Citizens Residing in France with U. S. Source
passive Income," 2 B.C. Int'l & Compo L,J. 163
(1978) .
Undergraduate Spring Hill College, Mobile, Alabama
{Political Science}, 1976. ~aqna ~ Laud~.
University ot Bristol, Bristol, England
(Junior year abroad). B.S.
PERSONAL Marrieð, two children
Date of Birth: February 15, 1954
LANGUAGE French; some Spanish
RBPERENCIS Furnisheð upon request.
2
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - NOVEMBER 7, 1995 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9,H. MUNICIPAL GOLF COURSE BRIDGE RAILING REPAIR: Approve bid
award to Duggan Builders, Inc. for emergency bridge railing
repair at the Municipal Golf Course. Funding in the amount of
$15,752 is available from 445-4714-572-46.90 through budget
transfer from 445-4761-572-63.90.
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l)(<\'
l(uj
[IT' DF DELRA' BEA[H
DELRA Y BEACH
f l 0 . IDA
td&d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AlI·America City
, III I! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: Ø"bert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING. NOVEMBER 7.1995
BID AWARD· MUNICIPAL GOLF COURSE BRIDGE REPAIR RAILING
REPLACEMENT
DATE: November 6, 1995
ACTION
City Commission is requested to award, under emergency provisions of the Purchasing Ordinance, repair
work on the cart bridge at the Municipal Golf Course to Duggan Builders, Inc., in the amount of $15,752.
Funding is available in account code 445-4714-572-46.90 Other Repairs and Maintenance.
BACKGROUND
The cart crossing bridge between the 16th and 17th holes at the Municipal Golf Course has been damaged
after being hit by carts. In addition, after careful inspection, It has been determined that this wooden rail
bridge has rotted out and is in need of replacement. Due to the emergency nature of this work, quotes
versus formal bids were received. Staff has proposed replacing this railing with an aluminum railing and
adding additional curbing to the existing structure. The design conforms to existing building codes that
require picket spacing 6" on center.
RECOMMENDATION
Staff recommends award of bid to Duggan Builders, Inc. in the amount of $15,752 for replacement of
railing on the cart path bridge. Funding to come from account 445-4714-572-46.90.
RAB:kwg
File:u:grahamlgolf
Doc,: Bridge,Rpr
q.H.
@ Printed on R&Cycled Paper THE EFFORT ALWAYS MATTERS
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: Robert Barcinski
Assistant City Manager
~
From: Jose Aguila ( (
Construction anager
Date: November 6, 1995
Subject: Golf Course Bridge Repair
Project No, 95-62
Attached are the three quotes received on the Municipal Golf Course Bridge repair
project. We had estimated the cost of construction to be $17,1\ 0,00,
As you can see, the low bidder is Duggan Builders, Inc of Delray Beach for a total cost of
$15,752,00. I would need your direction on how to proceed since the railing portion
could take four to six weeks to fabricate,
Your direction please,
cc: William Greenwood
File 95-62 (A)
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Municipal Golf Course Bridge Railing Repair
Project No. 95-62
Budget Estimate
NO, DESCRIPTION UNIT TY. UNIT PRICE AMOUNT TOTAL
1 MobilizationlDemobilization LS I S2,ooo.00 S2,ooo.00
1 Remove Existing Railing LF 288 S10.00 S2,880.oo
3 Cwb Installation LF "288 S15.oo S4,320.oo
3 Core ¡Sleeve Holes EA 50 S10.oo S5OO.OO
5 Railing Installation LF 288 S25,OO S7,2oo.00
6 Testing laboratory allowance LS 1 $200.00 $200.00
9 IdemníficatioÌ1 LS 1 SlO,oo S10.00
TOTALS
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DUGGAN
BUILDERS
INC.
f':' () .. N. Swinton Avenue . Delray Beach, Florida 33444 (407) 274-9266
PR.OPOSAL
Date: Nov. 3, 1995
To: Jose Aguila
Environmental Services Department
City of Delray Beach
RE: Golf Course Bridge Railing Repair
project 95-62
SCOPE OF WORK:
1- Remove old railing.
2. Form, pour and finish new 6"x 6" curb:
approx. 120 If each side & 12' ea. side at entry
one end only.
3. Form, pour & finish new 6" x 12" curb with nominal
12" x 12" footer at east end of bridge.
4. Form, pour & finish new apron between new curbs at
east end of bridge.
5. Install new aluminum rail per plans. Railing to
be fitted into pre-set sleaves. Design per plans.
EXCLUSIONS:
1. Permits.
2. Repairs to golf course fairways, etc.
CLARIFICATIONS:
1. Footers at east end of bridge may need to be
larger than 12" x 12" and may need to be
integrated with existing bridge pilings. Proposal
only includes footers mentioned above.
2. Plan of work needs to be agreed to before
executing contract. One side of bridge may be
without railing longer than one day. .
3. Access to job site needs to be determined.
BUILDERS . DEVELOPERS . COMMUNITY REDEVELOPMENT
,
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PRICE: $15,752. I
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PAYMEN : o--be---negoti a ted .
Please call if you wish to discuss details of this
proposal.
Sincerely,
0c~L~'i2f~'J~
Paul Duggan
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OCT-31-95 SUN 01:48 PM ATKINSON CaNST. 407 278 0575 P.02
A TKlNSON
CONSTRUCTION
SERVICES
October 31, 1995
City of Delray Beach
Environmental Services Department
434 So. Swinton Ave,
DeIray Beach, PI 33444
Attn: Jose Aguilla
Re: Municípal Golf Course
Bridge Railing Repair
This is Atkinson Construction Services, Inc., proposal for the work to be done at the
Golf Course according to plans.
SCOPE OF WORK:
Concrete
Demolition
Dumpster
Railing
Resteel
------_._--------------~
Total This Proposal ~~~o
I appreciate the opportunity of bidding this project and I look forward to working with you.
Sincerely,
ATKINSON CONSTRUCTION SERVICES, INC.,
~~ .
Scott Atkin:son
SAljl
J 445 N. Congress Ave. Unit 14. Delray Beach, Ftcrida 33445 (407) 278-2835
,.
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State of the art luxury homes
947 McCLEARY STREET
DELRAY BEACH, FL 33483
AIKMAN CORPORATION' (407) 274-6873
(407) (27 HOUSE)
" " FAX: (407) 274-6872
William S. Aikman
. ' President
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" ,,' 'PROPOSAL
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October'24, 1995
"
, , ". ~ , To':~ City of DelrayBeach
Re: Bridge repair at Delray Municipal Golf Course
City project # 95-62. -
We, 'pr.oposeto fùrnish" and. ins~all an mate'riàls necessary to complete
. the project as per plans received from the City Engineer's office for
.~ the above referenced project.
. _ The' pdce .for the above 'refereri~l"k-sh~t¡--¡'e-<ii!Venteen thousand
:. ' , ' .' ei~ht hundred seventy. f1 'Ie çioll s· ($ ~ 7,875.00) .
, ,
,", ,',.' , .' " - -~_._--
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.; R~spectfully submi tted ,by," '"
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,Wl1Üam S.·. Ai~:uian: 'Pres.
.'..: ~ikIIia~ Corp:' ,
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City of Delray Beach
Budget Transfer Form
(1) Departmental Line Transfer (2) Date _--1lºv-ªrrWgf__Q..L.ol~~~____
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: J4!2d~ Turnaae ---------
PROJECT /I (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
.
445-4761.572.63-90 other Im~rovements 17,11()Ær
95-62 445-1714.572.46-90 Other ReDair/Maint. ~ i.5: 5'OlJ 17 ,UO (r-'>~
i"i. Yt..(.,'
/5, ,S-l'C, /5: ~('J("_j
(10) TOTAL 1:7 ,11a /":r.,.. 1.~,1 ~a ~
JUSTIFICATION: 'fi'und}na for emeraencu reTJair ~¡ork to MuniciTJa1 r:;olf Course bridae.
Commission Aaenda 11/7/95.
Department Head ____~6_~/61'[~: - Asst City Manager __u_____H_________h_
Finance Director ..0_ _.~U__ - __. __..... 0-. ___.._______. City Manager - . . ---- n_ ...__.. - .-.
(11) Budget Revision Date _____________ (12) Control Number --.----
(13) Period ___________________u_ (14) Count ____
ORIGINAL-BUDGET CANARY -FILE PINK-DEPARTMENT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER 8(t1
SUBJECT: AGENDA ITEM i Jt1A - MEETING OF NOVEMBER 7. 1995
SECOND READING & PUBLIC HEARING FOR ORDINANCE NO. 62-95
REZONING FOR DELRAY LAKES (FORMERLY ISLES OF DELRAY)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 62-95
which rezones a 40,86 acre parcel of land from SAD (Special
Activities District) to PRD-4 (Planned Residential Development,
with a density suffix of 4 units per acre) . The property is
located on the north side of Lake Ida Road, east of 1-95, It is
the former Isles of Delray site which was approved for
development of 106 zero lot line units and 48 townhouse units in
1983. The site plan was locked in by rezoning the property to
SAD. In 1990, after two site plan extensions had been granted, a
third extension request was denied based on the need to have the
project reviewed for compliance under current standards. Hence,
the SAD approval expired,
The rezoning from SAD to PRD-4 is being sought to accommodate the
development of 160 conventionally sited homes to be known as
Delray Lakes. The lot sizes and configuration are to be detailed
in a Master Plan, which has not yet been formally submitted nor
is it required to accompany the rezoning request.
The Planning and Zoning Board first considered this request at
public hearing on September 18, 1995. Concerns from adjacent
property owners about the size of lots across the canals from
their homes were expressed and the Board continued the matter
until such time that a master plan was ready. Subsequently, the
developer and property owner indicated that they wanted to first
have the zoning in place before proceeding with the full site
plan, so the rezoning issue was brought back to the Board, At
public hearing on October 16, 1995, after lengthy discussion on
the item and the appropriateness of the developer's proposed
density (3.9 units/acre), the Planning and Zoning Board voted 4
to 2 (Schmidt and Schwartz dissenting) to recommend approval of
rezoning to PRD-4. Please refer to the staff report for
additional analysis.
At first reading on October 24, 1995, the Commission passed the
ordinance by a vote of 3 to 2 (Dr. Alperin and Mayor Lynch
dissenting) .
Recommend approval of Ordinance No, 62-95 on second and final
reading.
ref:agmemo7 f~ t¡ -10 I
{/)/}'~~J
, . .
ORDINANCE NO. 62-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN
THE PRD-4 (PLANNED RESIDENTIAL DEVELOPMENT-4 UNITS
PER ACRE) DISTRICT; SAID LAND BEING LOCATED EAST OF
INTERSTATE-95 ON THE NORTH SIDE OF LAKE IDA ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
I "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
¡ 1994, as being zoned SAD (Special Activities District); and
II WHEREAS, at its meeting of October 16, 1995, the Planning
i! and Zoning Board for the City of Delray Beach, as Local Planning
I Agency, considered this item at public hearing and voted 4 to 2 to
I recommend approval of a rezoning to PRD-4 (Planned Residential
I
Development-4 units per acre) District, based upon positive findings;
I' and
I'
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Ii WHEREAS, it is appropriate that the Zoning District Map of
I'
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'I the City of Delray Beach, Florida, dated April, 1994, be amended to
Ii reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY ÒOMMISSION OF THE
i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
I amended to reflect a zoning classification of PRD-4 (Planned
II Residential Development-4 units per acre) District for the following
described property:
A portion of Section 8, Township 46 South, Range 43
East, Palm Beach County, Florida, more particularly
I described as follows:
Beginning at the Northwest corner of Lot 17, Block 3
I of Lake Ida Manor Addition No. 2 as recorded in Plat
I
ì Book 25 at Page 61 of the Public Records of Palm
Beach County, Florida; then run South 00 degrees
13'52" East along the West boundary of said Lake Ida
Manor Addition No. 2 a distance of 254.38 feet to the
I northerly right-of-way of Lake Ida Road; then run
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North 89 degrees 51'08" West along said northerly
right-of-way 971. 07 feet; then run North 00 degrees
11'43" East along said right-of-way 13.97 feet to the
southeast corner of Isles of Delray Section 2 as per
the Amended Plat thereof as recorded in Plat Book 71
I at Pages 58 through 62 of the Public Records of Palm
I Beach County, Florida; then run North 89 degrees
¡
I 50'57" West along said northerly right-of-way 236.61
feet to the point of curvature for a curve to the
¡ right; then run northwesterly along said right-of-way
curve having a radius of 1450.52 feet, through a
central angle of 25 degrees 44'55" for an arc
I distance of 651.86 feet; then run North 64 degrees
I 02'52" West along said right-of-way 96.43 feet; then
¡ run North 60 degrees 54'3011 West along said
j
, right-of-way 17.84 feet; then run South 29 degrees
¡
I 05'30" West 14.00 feet; then run North 60 degrees
i
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i 54'30" West along said right-of-way 150.00 feet; then
I
, run North 29 degrees 05'30" East 14.00 feet; then run
I
I North 60 degrees 54'30" West along said right-of-way
i
¡ 54.00 feet; then run North 30 degrees 04' 3711 East
i along the westerly boundary of said Isles of Delray
¡ Section 2, a distance of 474,93 feet; then run South
¡ 59 degrees 52'45" East, 140,52 feet; then run South
f 60 degrees 52'1511 East, 50,00 feet; then run South 59
I
I degrees 52'45" East, 139.51 feet to the easterly
boundary of said Isles of Delray Section 2; then run
¡ North 30 degrees 04'37" East along said easterly
boundary 419.74 feet to the point of curvature for a
! curve to the right; then run northeasterly along said
! curve having a radius of 40.09 feet, through a
I central angle of 60 degrees 09'13" for an arc
I distance of 42.09 feet to the point of curvature for
¡ a curve to the left; then run northeasterly along
I said curve having a radius of 25.00 feet through a
I
I central angle of 90 degrees 11'25" for an arc
distance of 39.35 feet; then run North 00 degrees
I 14'06" East, 295.93 feet; then run South 89 degrees
44'36" East along the south boundary of a 50 foot
I canal as per record Plat of Lake Ida Shores according
I to the Plat thereof as recorded in Plat Book 25 at
I Page 54 of the Public Records of Palm Beach County,
I Florida, a distance of 1016.77 feet to the westerly
boundary of an 80 foot canal; then run South 00
I degrees 15'59" East along said westerly boundary as
I
I per said record Plat of Lake Ida Shores, a distance
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I - 2 - Ord, No. 62-95
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of 802.96 feet; then run South 89 degrees 46'49" East
along the South boundary of said canal 40,00 feet;
then run South 00 degrees 15'59" East along the
westerly boundary of said Lake Ida Shores a distance
of 200.00 feet; then run South 89 degrees 46'49" East
, along the southerly boundary of said Lake Ida Shores,
II a distance of 260,06 feet to the Point of Beginning,
II The subject property is located on the north side of
Ii Lake Ida Road, east of Interstate-95 (formerly known
as Isles of Delray); containing 40.86 acres, more or
less,
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
í¡
I; Section 4. That should any section or provision of this
,! ordinance or any portion thereof, any paragraph, sentence, or word be
i declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
: whole or part thereof other than the part declared to be invalid,
¡
I Section 5, That this ordinance shall become effective
¡ immediately upon passage on second and final reading,
I
!! PASSED AND ADOPTED in regular session on second and final
i: reading on this the 7th day of November , 1995,
Ii ~~
II . MAY I'?R
Ii ATTEST:
II r2
II ~~VJh~ ~~ 1Io;7;y
Ii City C erk
\
II First Reading October 24, 1995
Î
I
I Second Reading November 7, 1995
II
;1 - 3 - Ord. No. 62-95
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- DELRAY LAKES
PLANNING O£PAn 1U:(N T
CITY CY D(LRAY U(.CII, rL
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.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DI~J~~~
DEPARTMENT OF PLAN G D ZONING / ~
FROM: ~~LANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM SAD (SPECIAL ACTIVITY DISTRICT) TO PRD
(PLANNED RESIDENTIAL DEVELOPMENT) FOR DElRAY LAKES
(FORMERLY THE ISLES OF DElRAY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from SAD (Special Activity District) to
PRD (Planned Residential Development). The subject property is the Isles of
Delray SAD, which is located east of 1-95 on the north side of Lake Ida Road,
and contains approximately 40.86 acres.
BACKGROUND:
In 1983, the City Commission approved a site plan for the Isles of Delray under the
PRD-4 zoning to allow the construction of 106 zero lot line units and 48 townhouses.
Shortly after that approval, the City Commission (with the concurrence of the property
owner) initiated a rezoning of the subject property to SAD to insure that the project
would be built per the approved site plan. A site plan extension was granted in 1986
and 1989. In 1990, the City Commission denied the third site plan extension request,
based on the project's need to be reviewed for compliance under the newly adopted
Comprehensive Plan, LDR's, and Palm Beach County Traffic Performance Standards.
The current SAD zoning on the subject property has since expired.
The rezoning request from SAD to PRD is being sought to allow for the construction of
160 conventionally sited homes known as Delray Lakes.
,
City Commission Documentation
Rezoning from SAD to PRD for Isles of Delray
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
This item was originally considered at the Planning and Zoning meeting of September
18, 1995. Residents from the adjacent Lake Ida Shores subdivision attended the
meeting and spoke in opposition to the rezoning, mostly based on concerns about the
sizes of lots proposed across the canals from their homes. The lot sizes and
configuration are to be detailed in a Master Plan, which has not yet been formally
submitted. The Board voted to continue the item until such time that the Master Plan
was ready. Subsequent to that meeting, the developer and property owner stated their
desire to have the zoning in place prior to proceeding with the preparation of a full site
plan. As the plan is not required to accompany the rezoning, the rezoning itself was
brought back to the Board.
At its meeting of October 16, 1995, the Planning and Zoning Board held another public
hearing for the rezoning request. Five people from the public spoke on the item.
Again, many of the comments related to the Master Plan. Other comments related to
the density (5 units per acre) and flexibility allowed in the PRD zoning. Some residents
wanted the density limited to 3 units per acre. The Planning and Zoning Board had a
lengthy discussion on the item and the appropriateness of the developer's proposed
density (3.9 units per acre). The Board voted 4-2 to recommend a rezoning of PRD-4
(Schmidt, and Schwartz dissenting). The dissenting votes were based on a concern
over density, and on the desire to have the master plan accompany the rezoning.
RECOMMENDED ACTION:
Q By motion, approve on first reading the ordinance rezoning Isles of Delray
from SAD (Special Activity District) to PRD-4 (Planned Residential
Development) as described in the attached ordinance, and setting a
public hearing date of October 24, 1995.
Attachments:
. P&Z Staff Report and Documentation of October 16,1995
. Ordinance by Others
.
,. .
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MEETING OF: OCTOBER 16, 1995
AGENDA ITEM: V.A. REZONING REQUEST FROM SAD (SPECIAL ACTIVITIES
DISTRICT) FOR DElRA Y LAKES, lOCATED ON THE NORTH
SIDE OF LAKE IDA ROAD, EAST OF 1-95 (CONTINUED FROM
THE SEPTEMBER 18, 1995 MEETING).
ITEM BEFORE THE BOARD:
See attached staff report from the September 18, 1995 meeting.
Attachment:
* P&Z Staff Report from the September 18, 1995 Meeting
V.A.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---ST AFF REPORT ---
MEETING DATE: September 18, 1995
AGENDA ITEM: v.c.
ITEM: Rezoning from SAD (Special Activities District) to PRO (Planned
Residential) to accommodate an 160 unit single famH.y residential
development, located on the north side of Lake Ida Road, at Roosevelt
Road.
,
I
GENERAL DATA:
Owner...... .......... ................................. Gilbert Goldstein
Applicant.......... ............... ........ ........... Bovis Homes
Agent.................... .............. ... ......... .... Gerald Levy
Location.............................................. North side of Lake Ida Road, at Roosevelt Road.
Property Size...................................... 40.86 Acres
Future Land Use Map......................... Low Density Residential
Current Zoning..................:................ SAD (Special Activities District)
Proposed Zoning................................ P.RD(Planned Residential Development)
Adjacent Zoning........................North: R-1-AAA (Single Family Residential)
East: R-1-AAA and R-1-AA (Single Family Residential)
South: R-1-A (Single Family Residential) and CF (Community Facilities)
West: R-1-A and OSR (Open Space and Recreation)
Existing Land Use...::......................... Vacant, fonner1y a proposed residential development with some installed
infrastructure.
Proposed Land Use............................ Rezoning from SAD (Special Activities District) to PRD (Planned Residential)
to accommodate an 160 unit single family residential development
Water Service.................................... Existing 8" water main in Enfield Road,
Sewer Service.................................... Existing 8" sewer main in Enfield Road.
VC
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,
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The action before the Board is making a recommendation on a rezoning request from
SAD (Special Activity District) to PRD (Planned Residential Development). This
rezoning is being sought in order to allow for the construction of 160 conventionally
sited homes.
..
The subject property is the Isles of Delray SAD, which is located east of 1-95 on the
north side of Lake Ida Road, and contains approximately 40.86 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and mate a
recommendation to the City Commission with respect to rezoning of any property within
the City. -
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Prior to 1983, the land known as the Isles of Delray had a development plan for 100
single family lots. During the review and approval of the subdivision, there was
considerable focus upon traffic circulation as it relates to accessing the developed
property to the east (Delray Shores subdivision). The extension of N.W. 8th Avenue to
Lake Ida Road and the connection of Enfield Road between the projects was rejected.
The resulting pattern is what exist today, a single access to Lake Ida Road at the west
end of the property. Some water and sewer mains were installed and some streets
were completed. Thirty-eight (38) lots were platted, and 5 homes were constructed.
In October of 1983, approval was granted for a site plan under the PRD-4 zoning
consisting of the following elements: .
· 40.73 acres (fourteen of the original single family lots were not included);
· 106 zero lot line units and 48 townhouse units;
· provision of a water feature by widening the canals to 60', providing a boat
loading area, and water access to Lake Ida;
· provision of a recreation center;
"
· relocation of the entrance eastward to line up with Roosevelt Avenue.
Shortly after that approval, the City Commission (with concurrence of the property
owner) initiated a rezoning to SAD. The rezoning to SAD would insure that the project
would be built per the approved site plan. On January 24, 1984, the City Commission
approved the SAD zoning subject to conditions. One of the conditions was that the
project be built within 24 months.
.
·
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 2
In May 1986, the site plan was extended for an additional 24 months. In January 1989,
a new extension was granted with an expiration date of July, 1990. In April 1990, an
extension request was filed. It was noted that several events had occurred since the
last extension request which included the adoption of the City's Comprehensive Plan
and the LDRs, the County Traffic Performance Standards, and concurrency programs.
In order to review the project under the new Land Development Regulations, and
Comprehensive Plan policies, staff recommended that the site plan extension be
denied. At its meeting of September 25, 1990, the City Commission denied the
extension request for the Isles of Delray, and no development activity has occurred
since.
The development proposal is to rezone Isles of Delray from SAD to PRO to
accommodate 160 conventionally sited homes. Other elements of the proposal
include a 5' high concrete wall along Lake Ida Road, potential for a gated community,
two tennis courts, pool, cabana, covered picnic gazebo, boat ramps, and a recreational
vehicle and boat storage area.
The R-1A zoned parcels (14 lots) located in the northwest corner of the site are not
included in the rezoning, however they will take access through the development.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the'authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use Map designation for the subject property is Low Density
Residential. The requested zoning change is from SAD to PRO. The proposed zoning
designation of PRO is consistent with the Low Density Residential Future Land Use
Map designation.
·
P&Z Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 3
The Low Density Residential Land use plan designation allows development at a
density of 0-5 units per acre. The proposed development density is 3.9 units per acre.
Based upon the above, a positive finding with respect to consistency with the Future
Land Use Map designation can be made.
..
Concurrency: Facilities which are provided by. or through. the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Streets and Traffic:
There are no changes in the intensity of use with the change in zoning from SAD to
PRD as both zonings would allow a maximum density of 5 units per acre. In either case
the maximum development potential of the property is 203 units which would generate
2,030 trips. Thus, the potential net trip generation resultling from the rezoning is zero.
Provision of a traffic study will be required with the master development plan
submission. Positive findings of Concurrency will be required with the approval of that
plan. It should be noted that Lake Ida Road is currently over capacity and no building
permits can be issued until the contract for that improvement is let.
Water and Sewer:
Preliminary engineering plans were not submitted with the applicati,on. However, water
and sewer service is available to the site via mains located along Lake Ida Road. As
mentioned earlier in the report a partial water and sewer system internal to the site has
been installed, however only a portion of that system has been accepted for
maintenance by the City. In addition to the above, an existing lift station is located at
the southeast corner of the site and is situated on private property. Dedication of the
lift station to the City, and necessary upgrading of the existing water and sewer
systems can be further reviewed with the platting of the subject property.
The rezoning from one single family development to another will not generate an
increa$e in water or sewage demands. Further, there is adequate capacity at
the existing facilities to handle water demands and sewage generated from this
developme.pt.
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City. Thus, a positive finding can be made to this
level of service.
·
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 4
In addition, pursuant to LOR Section 5.3.2(C)(1), whenever a development is proposed
upon land which is not designated for park purposes in the Comprehensive Plan, an in-
lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building
permits for each unit.
.,
Solid Waste:
According to Solid Waste Authority figures, the trash generated by the maximum
development potential under either zoning designations is 73.73 tons of solid waste per
year. The Solid Waste Authority indicates in its annual report that the established level
of service standards for solid waste will be met for all developments which have been
accounted for in their Comprehensive Plan. As this proposal is cur~ently reflected in
the adopted Plan, concurrency will be met for the proposed development of this parcel.
Consistency: Compliance with the peñormance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5{D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable peñormance
standards of Section 3.3,2 and other policies which apply are as follows:
A) That a rezoning to other than CF within stable residential area shall be
denied (Housing Element A-2.4).
The subject property is located within a stable residential neighborhood area.
Pursuant to Policy A-2.4, properties indicated as stable residential areas on the
Housing Map, should have the most restrictive residential zoning district
applicable affixed to the property. The proposed PRO zone district is just as
restrictive as the eXpired SAD. The resulting development will be of similar
intensity.
D) That. the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
West of the property is zoned OSR (Open Space and Recreational) (Lake Ida
Park); north and east R-1AAA (Lake Ida Shores subdivision); and south R-1A
(single family subdivisions) and CF (Spady School). The proposed development
is consistent and compatible with the surrounding residential land uses and
should not create any adverse impacts,
.
P&Z Staff Repor1
Rezoning from SAD to PRO for tile Isles of Delray
Page 5
Section 2.4.5(D)(5) (RezoninQ FindinQs):
Pursuant to Section 2,4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. The$,e reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The applicant submitted a justification statement as a part of the rezoning application.
The statement indicates the following:
"That the site is in contract with a new developer. The current developer wants
to include more amenities, such as a pool, tennis courts, parking and storage
facilities, etc. Also SAD zoning has expired and that SAD is generally applied to
Large Scale Mixed Use development and any use which is not accommodated
under the PRD zone District. Also, the zoning of PRD is consistent with the land
use of low density 0-5 dwelling units per acre:
Comment: The justification statement addresses Item Band C as the basis for which
the rezoning should be granted. To re-establish the SAD would be inappropriate as the
single family development can be accommodated under the PRD zone district. With
respect to Item C, the requested zoning of PRD is of similar intensity as allowed under
the Future Land Use Map.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted' and the following was found:
Open Space and Recreation Element Policy A-3.3: Tot lots and recreational areas
shall be a feature of all new housing developments which utilize any of the PRD
zone districts or which have homeowner associations which must care for
retention areas, private streets, or common areas.
.
·
P&Z Staff Report
Rezoning from SAD to PRD for the Isles of Delray
Page 6
The conceptual master development plan does not provided for a tot lot, however a tot
lot can easily be accommodated at one the proposed recreational areas. Two tennis
courts, pool, cabana, picnic area, and access to the canals have been provided as
recreational features of the development.
..'
land Use Element Objective Ä-1 - Vacant property shall be developed in a
manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is
complimentary to adjacent land uses, and fulfills remaining land use needs.
A- Physical Considerations - The property has previously been disturbed for
the purposes of future development, however that was ~pproximately 15
years ago and nature has reclaimed some of the land. A partial water and
sewer system and roads have been installed. The existing canals within
the development do not meet current SFWIVID criteria and must be
reconfigured. The layout of the development takes into consideration
these physical conditions. A large slash pine stand is situated along the
west bank of the existing canal, which has not been addressed on the
sketch plan. The slash pine stand should be saved to the greatest extent
possible.
B. Complimentary with Adjacent land Uses - the proposal will be
complimentary with the adjacent residential uses to north, east, and
south, and is complimentary to lake Ida Park located to the west.
C. Fulfills Remaininq land Use Needs - the proposed development will
provide for middle income, owner occupied, single family homes which
will fulfill one of the remaining land use needs.
Conservation Policy 8-2.1 The submission of a biological survey and a habitat
analysis shall accompany land use requests for plan amendments, rezonings,
and site plan approval. '. However, the requirement shall not apply to small
parcels, developed parcels, or where it is apparent that there are not such
resources.
Conservation Policy 8-2.2 Whenever and wherever significant or sensitive flora
and fauna communities are identified pursuant to Policy 8-2.1, they shall be
preserved as if they were environmentally sensitive areas as identified in
Objective 8-1.
,
.
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 7
Conservation Policy B-2.5 - When ever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive area, or an area
identified via Policy B-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or 25% of native
communities shall be retained pursuant to Treasure Coast Regionéil Planning
Commission Policy 10.2.2.2.
The above policies are applicable to this development proposal. A biological/tree
survey has not been submitted to date. Review of this information for compliance with
the above policies can be addressed with the master development plan.
Land Use Element Policy A-3.1 - Prior to recommending approval. of any land use
application which comes before it, the Local Planning Agency must make a
finding that the requested land use action is consistent with Objective A-3 which
states that the development of remaining land shall provide for the retention of
open space and natural resources, as provided for under Policy B-2.5 of the
Conservation Element and/or Policy B-1.4 of the Open Space and Recreation
Element.
Policy B-2.5 of the Conservation Element is discussed above. Policy B-1.4 of the
Open Space and Recreation Element states that new developments shall provide
central focal points at entries and landscape buffers along the external (arterial,
collectors) streets which service them. Back-lotting of individual homes along
such streets should be allowed only when special landscape buffers are provided
between the rear yard walls or fences and the right-of-way.
Thirty-three lots will back-up to Lake Ida Road. A 5' concrete wall, as well as a 10'
special landscape buffer is to be provided along Lake Ida Road. Back-lotting has been
avoided on the remainder of the property which has most of the parcels backing onto
water and other open areas. Thus, the intent of this policy has been met.
Compliance with Land Development Reaulations: The proposed use is to be in
compliance with the Land Development Regulations. Items identified in the Land
Development Regulations shall specifically be addressed by the body taking final
action on a land development application/request.
--
The applicant has submitted a conceptual Master Development Plan. While the
submitted plan is not being formally considered at this time, the following comments are
provided.
. Provision of sidewalks on both sides of the street will be required pursuant to
LOR Section 6.3.1.
. Relocation of the southeast cul-de-sac so that the right-of-way does not
encroach into the required 10' landscape setback.
,
.
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 8
· SFWM permits required for the reconfiguration of the canals and canal banks.
· Submission of a biological and tree survey.
· Internal adjustments for lot sizes and setbacks.
.,
· Provision of docks adjacent to the boat ramps.
· Preservation of the Slash Pines to the greatest extent possible.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A special certified notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
· Lake Ida Homeowners Association
· Ye Little Wood Home Association
· PROD
· Rainberry Lakes Homeowners Association
· Rainberry Bay Homeowners Association
letters of objection, if any, will be presented at the P & Z Board meeting.
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The rezoning request from SAD to PRD for this property is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the land development Regulations. The
property is currently vacant, and has been for some time. The rezoning will allow the
construction of 160 conventionaUy sited homes which will be compatible with the
surrounding land uses, and fulfills remaining land use needs by providing moderate
income housing. A full Master Development Plan must be approved by the Board at a
future date.
.
.
P&Z Staff Report
Rezoning from SAD to PRO for the Isles of Delray
Page 9
1< . . .. .' .... .... ··<>ÄErIåRNÄTIVEACfIONS:d' I
A. Continue with direction.
B. Recommend rezoning of the rezoning request from SAD to PRO, based
on positive findings with respect to Section 2.4.5(0)(5) (rezoning
findings), Section 3.1.1, and the performance standards of Section 3.3.2.
C. Recommend denial of a rezoning request based on a failure to make
positive findings with respect to Chapter 3.3.2 (Compatibility), and that
pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed.
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Recommend approval of the rezoning request from SAD (Special Activity District) to
PRO (Planned Residential District), based upon positive findings with respect to
Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions)
of the Land Development Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(0)(5).
Attachments:
* Sketch Plan
* Survey
"
.
.
City of Delray Beach 12 Sep 95
Planning and Zoning Board
100 N.W, 1st Avenue
Delray Beach, FL 33444
Subject: Public Notice #95-175
.,
Dear Board Members:
We, the undersigned property owners adjacent to the Delray Lakes parcel acknowledge that
development of this parcel is desirable; however, we object t rezoning to a classification that differs in
the extreme ftom the well-established developme n adlacent prope . . We understand that this
hearing is on the zoning not the Delray Lak ster pláÍÍ, but the master p is the motivation for the
zoning change !Tom the existing SAD d' lion. ~ is the at the root fthe re-.zoning proposal at
this public hearing. The master plan sh s housin lots hat are half the s' of sulTounding
development. The lot widths on the sit plan are I an the minimum)vidth for the lowest category
of single family residential zoning in tlì' I nee. How ca9.~we maintain the value of the
highest-zoned property Delray has to offer with this kin 0 juxtaposition?
We are concerned that there is no indication of density for the PRD in the notice (#95-175) provided to
us. The density is typically established by a numeric suffix on the PRD designation. We object strongly
to an unrestricted or unspecified density in connection with a zoning change to PRD on the property.
We would support re-zoning to Conventional Single Family PRD - a category which would provide a
more gradual transition from the R-l-AAA zoning of existing development to the north and east and
west. We support zoning that seeks compatibility and fosters harmony with the existing adjacent
neighborhood. The extent to which any new development meets these objectives of compatibility and
hannony should ensure the success of that development in this area.
Name Address Date Phone
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Letter to Delray Beach Planning and Zoning Board ]2 Sep 95 p.2
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Letter to Delray Beach Planning and Zoning Board 12 Sep 95 p.3
Date
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 10 f3 - MEETING OF NOVEMBER 7. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 66-95
(REZONING FOR THE LEVENGER FACILITY)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 66-95
which rezones a 14,62 acre portion of Congress Park South from LI
(Light Industrial) District and PCC (Planned Commerce Center)
District to MIC (Mixed Industrial and Commercial) District. The
purpose of this rezoning is to accommodate an expansion of the
Levenger facility.
The Planning and Zoning Board considered this item at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that the
rezoning be approved. At first reading on October 24, 1995, the
Commission passed the ordinance by unanimous vote,
Recommend approval of Ordinance No. 66-95 on second and final
reading.
p~ 6-0
ref:agmemo15
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ORDINANCE NO. 66-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PORTION OF REPLAT
I OF CONGRESS PARK SOUTH, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM LI (LIGHT INDUSTRIAL) DISTRICT
I AND PCC (PLANNED COMMERCE CENTER) DISTRICT TO MIC
I (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF ATLANTIC AVENUE ON
I THE WEST SIDE OF CONGRESS AVENUE; AND AMENDING
I "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
I PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
I AND AN EFFECTIVE DATE,
II WHEREAS, the property hereinafter described is shown on the
I: Zoning District Map of the City of Delray Beach, Florida, dated April,
Ii 1994, as being zoned LI (Light Industrial) District and PCC (Planned
t¡ Commerce Center) District; and
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;j WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
I Agency, considered this item at public hearing and voted 6 to 0 to
¡ recommend approval of the rezoning, based upon positive findings; and
¡ WHEREAS, it is appropriate that the Zoning District Map of
I
I the City of. Delray Beach, Florida, dated April, 1994, be amended to
I reflect the revised zoning classification.
I
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
!
I Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
i amended to reflect a zoning classification of MIC (Mixed Industrial
I
I and Commercial) District for the following described property:
Tracts B, C, D, L-1, L-3 and a portion of Tract R,
I Replat of Congress Park South, according to the Plat
thereof as recorded in Plat Book 71, Pages 190 and
191 of the Public Records of Palm Beach County,
ì Florida, being more particularly described as
follows:
Beginning at the Southwest corner of said Tract B;
thence North 00 degrees 09'26" East, along the West
boundary of said Tract C, 634.39 feet; thence North
00 degrees 42'04" West, along said West boundary of
Tract C, 454,63 feet to the Northwest corner of said
Tract C¡ thence East, along the North boundary of
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said Tract C, 75.56 feet¡ thence South 45 degrees
00'00" East, 28.28 feet¡ thence East, 735.97 feet to
the Northeast corner of said Tract L-3 (the preceding
three courses described being coincident with said
II North boundary of Tract C) ¡ thence South, along the
East boundary of said Tract L-3, 94.35 feet to a
point of curvature¡ thence Southeasterly, along said
East boundary and along the arc of a tangent curve
being concave easterly, having a radius of 1101,74
I feet, a delta of 17 degrees 52'50", an arc distance
I of 343.82 feet¡ thence South 25 degrees 24'08" West,
, along the boundary of said Tract L-3, a distance of
,
I: 34.28 feet¡ thence South 68 degrees 41'06" West,
II along said boundary, 26.75 feet; thence South 54
degrees 05'32" West, 77.85 feet to the Southeast
II corner of said Tract L-l¡ thence West, along the
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Ii South boundary of said Tract L-1, a distance of 52,78
" feet to the Southwest corner of said Tract L-1¡
¡¡
I thence North, along the West boundary of said Tract
11 L-1 and its northerly prolongation, 97.00 feet¡
I: thence West, along the South boundary of said Tract D
" and its Westerly prolongation, 343.73 feet to a point
\
jl on the east boundary of said Tract C¡ thence South,
II along said East boundary of said Tract C, 66,00 feet¡
thence South 20 degrees 59'31" East, along said East
boundary 69.71 feet¡ thence South, along said East
Ii boundary and along the East boundary of said Tract B,
498.25 feet to the Southeast corner of said Tract B¡
:i thence South 53 degrees 40'36" West along the South
II boundary of said Tract B, 234,88 feet¡ thence North
I
! 00 degrees 39'28" West, along the boundary of said
j Tract B, 123.90 feet¡ thence South 89 degrees 20'32"
! West, along the South boundary of said Tract B,
¡: 210.09 feet to the Point of Beginning.
Ii
!I The subject property is located south of Atlantic
Ii Avenue on the west side of Congress Avenue (Levenger
I: facility) ¡ containing 14.62 acres, more or less.
I Section 2. That the Planning Director of said City shall,
¡ upon the effective date of this ordinance, amend the Zoning Map of the
I City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
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Ii - 2 - Ord, No. 66-95
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Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I Section 5. That this ordinance shall become effective
,I immediately upon passage on second and final reading,
I) PASSED AND ADOPTED in regular session on second and final
II reading on this the 7th day of November , 1995.
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I ATTEST:
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II
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II First Reading October 24, 1995
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Second Reading November 7, 1995
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¡ - 3 - Ord. No. 66-95
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MIC
DELRA Y
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SOUTH COUNTY
ADMINlSTRA TIVE
COMPLEX
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BEACH
OSR MIC
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N REZONING
- LEVENGER
PLANNINC O(P^R!M(N!
CITY or D(lRAV D(AC", rl
- - OIG,TAl OIlS, MAP SYSTeM --
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CITY COMMISSION DOCUMENTATION
TO: D~n;MANAGER
THRU: DI EDO 'DI~~
DEPARTMENT OF PLANNIN ND ZONING
FROM: ~S.~NER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM LI (LIGHT INDUSTRIAL) AND PCC (PLANNED
COMMERCE CENTER) TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL) FOR TRACTS B, C, AND D OF CONGRESS PARK
SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance rezoning a parcel of land from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for
Tracts B, C, and D of Congress Park South.
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue, and contains approximately 14.62 acres.
BACKGROUND:
The rezoning of a portion of Congress Park South is being sought for an expansion to
the Levenger's facility. The expansion includes increasing the size of the existing
facility by 99,000 square feet to accommodate additional warehouse space on Tract B,
and a free standing 58,000 square foot pavilion on Tract D. The pavilion will contain
multiple uses including exhibits of literary works, museum type displays, designated
areas for book signing sessions and story telling rooms. In addition the pavilion would
sell Levenger's merchandise as offered in the catalog. Additional background and
analysis of the request can be found in the attached Planning and Zoning Board Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1995, the Planning and Zoning Board held a public
hearing for the rezoning request. There was no public testimony in opposition to the
request. The Board voted 6-0 to recommend that the request be approved.
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City Commission Documentation
Rezoning from II and PCC to MIC for lev enger's
Page 2
RECOMMENDED ACTION:
Q By motion, approve on first reading the ordinance rezoning Tracts B, C
and D of Congress Park South from LI (Light Industrial) and PCC
(Planned Commerce Center) to MIC (Mixed Industrial and Commercial)
for Levenger's, and setting a public hearing date of November 7, 1995.
Attachments:
. P&Z Staff Report and Documentation of October 16,1995
. Ordinance by Others
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT---
MEETING DATE: October 18, 1995
AGENDA ITEM: V.O.
ITEM: Rezonings from LI (Light Industrial) and PCC (Planned Commerce
Center) to MIC (Mixed Industrial and Commercial) for three parcels in
Congress Park South, located on the west side of Congress Avenue,
south of Atlantic Avenue.
GENERAL DATA:
Owner............................. Delmar Properties (Tract "0")
The leveen Family Partnership
(Tracts "B" and "cn)
Applicant......................... levenger Company
Agent.............................. Orlando Sharpe
Sharpe Project Developments, Inc. . NCJMS WAY
Location.......................... On the west side of Congress
Avenue, south of Atlantic Avenue.
Property Size.................. 14.62 acres
Future land Use Map..... Commerce
Current Zoning................ PCC (Planned Commerce Center)
and LI (Light Industrial) SOU»! cou
Proposed Zoning............ MIC (Mixed Industrial and NJIJJNISTRA
CC»IP1E
Commercial)
Adjacent Zoning....North: POC (Planned Office Center)
East: PCC and MIC
South: PCC and OSR (Open Space and
Recreation)
West: OSR
Existing land Use........... Existing 111,681 square foot
warehouse and office structure
with associated parking,
landscaping, and vacant land. I
Proposed land Use........ Rezoning of the subject property to I
;: MIC to accommodate a 99,000 I en
square foot expansion of the COlI' en
. ...
warehouse and addition of a I II:
...
58,000 square foot retail and office u
z
structure, additional parking, and 0
~ COURse u
landscaping modifications. z
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Water Service.................. Existing on site. !
Sewer Service................ Existing on site,
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The action before the Board is making a recommendation on a rezoning request
from PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed
Industrial and Commercial) for approximately 14,62 acres of Congress Park
South (Tracts B. C, and D).
...
The subject property is located south of Atlantic Avenue on the west side of
Congress Avenue.
Pursuant to Section 2.2.2(E), the local Planning Agency shall review and make
a recommendation to the City Commission with respect to rezoning of any
property within the City.
iitii~I¡11iilii¡¡i¥1~¡¡¡¡!~~¡!!¡¡¡ill¡¡!~¡I¡¡¡i¡!j¡i¡¡¡:¡1¡¡¡¡¡¡¡¡I~¡¡¡¡¡I¡¡¡il!j¡!¡iiillllllllll¡fi~¡!fl~~illifi1'f.tltrlltiiif~r~I¡_\1I¡iiiílfu~1!
On May 24, 1983. the City Commission approved a land use change and
rezoning from PRD-4 to PCC along with a Conditional Use and Site Plan for
Congress Park South. The development proposal included four office research
and light industrial buildings with a total of 230,190 square feet. In 1986, one of
the buildings was constructed on Tract A along with the internal roadways and
underground infrastructure throughout the park. As these improvements
constituted more than 25% of the total project the project was considered vested.
On February 5, 1993, the Planning and Zoning Department received a request
to change the zoning from PCC to MIC for 12.4 acres (approximately the western
half) of Congress Park South to accommodate a distribution and warehouse
development for levenger's. When the request was discussed at a Planning
and Zoning Board workshop, the Board suggested that a change to the newly
created LI district might be more appropriate.
At its meeting of April -13, 1993, the City Commission approved the change in
zoning from PCC to II for levenger's, In 1994, the levenger's distribution
facility was completed and opened for operations.
In May.. of this year, the applicant's agents discussed with the Planning
Department a proposal to expand the levenger's facility. The expansion
includes increasing the size of the existing facility by 99,000 square feet to
accommodate additional warehouse space on Tract B, and a free standing
58,000 square foot pavilion on Tract D. The pavilion will contain multiple uses
including exhibits of literary works, museum type displays, designated areas for
book signing sessions and story telling rooms. In addition the pavilion would sell
Levenger's merchandise as offered in the catalog.
.
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 2
Several different zoning categories were discussed to accommodate the
proposed unified development. At first it appeared that the most appropriate
zoning of the property would be PCC as originally zoned. However, limitations
contained in the PCC zoning district restrict the percentages of uses to the
extent that the project would not be feasible.
The Planning and Zoning Board recently recommended approval óf a text
amendment to the MIC zone district to allow the wholesale, retail, storage and
distribution of home furnishings as a permitted use (September 18, 1995). This
change was related to another use (ABC Carpet). Through the review of the
Levenger's project it was noted that the development proposal could be better
accommodated under the MIC zoning following the approval of the above
mentio-ned text amendment.
The applicant now wishes to rezone Tracts B, C, and D of Congress Park South
to MIC in order to accommodate an expansion which is the action requested of
the Board.
'tl[II¡¡¡:~¡¡¡(~:¡¡¡¡¡¡¡~~I¡¡¡¡¡¡¡¡¡¡¡¡¡i1;\~¡~¡¡~¡¡¡¡¡i~¡¡::¡~:~¡~¡~¡¡¡:¡¡:¡¡:¡:¡j~¡~¡¡¡:¡:¡IÎII:ÎlliIIIIÎì]lil(lll'¡¡:¡~i~~~¡_tl!11¡ii.¡:~¡¡¡:!:~I¡¡I¡i¡~I¡¡¡¡¡!I:
The development proposal is to rezone a portion of Congress Park South (Tracts
B, C, and D) from PCC (Planned Commerce Center) and LI (Light Industrial) to
MIC (Mixed Industrial and Commercial). The rezoning will accommodate an
expansion to the Levenger's facility.
The applicant submitted a sketch plan that indicates a two phased expansion.
Currently, the existing Levenger's facility is located on Tract C. The first phase
involves the expansion of the existing facility to the south on Tract B to construct
an additional 99,000 square foot warehouse. The second phase involves the
construction of a free standing 58,000 square foot building on Tract D for a
multiple use building including retail/display area, offices, and warehouse.
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REQUIRED FINDINGS: (Chapter 3):
..
Pursuant to Section 3.1.1 (Required Findings), prior to the approval
of development applications, certain findings must be made in a
form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes.
Findings shall be made by the body which has the authority to
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 3
approve or deny the development application. These findings relate
to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district l'!1ust be consistent with the land use
designation. ç
The current Future Land Use designation for the subject property is
Commerce. The requested zoning change is from PCC and LI to MIC.
The proposed zoning designation of MIC is consistent with the Commerce
Future Land Use designation.
Concùrrencv: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
Streets and Traffic:
With all rezoning requests, traffic information is required which addresses the
development of the property under reasonable intensity pursuant to the existing
and proposed rezoning. The existing and proposed zonings are of similar
intensity, therefore a potential increase in traffic is not anticipated to result from
the rezoning action itself.
Additional traffic information will be required with the site plan, which analyzes
peak hour demands, and turning movements. Based on that information, a
southbound right turn lane at the project entry may be required.
Water/Sewer:
The proposed development will accommodate uses of similar intensity to
currently approved uses and is anticipated to have similar water consumption
and sewer generation rates. While the ultimate square footage of the buildings
exceeds what was previously approved on this site, no water or sewer
concurrency concerns are noted.
With the construction of Tract A, a master water and sewer system was installed
for Congress Park South. With the development of Tracts Band D a portion of
that system will need to be retrofitted to accommodate the new proposal.
Parks and Recreation:
Park dedication requirements apply to residential uses and therefore do not
apply to the existing PCC and LI zoning districts or the proposed MIC zoning
district.
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P&Z Staff Report
Rezoning from LI and pee to Mle for a Portion of Congress Park South
Page 4
Solid Waste:
The zoning change is to a category of similar intensity and therefore is
anticipated to create similar solid waste generation. It is noted that the
accompanying sketch plan will exceed the previously approved square footage
for these tracts. Solid Waste Authority indicates in its annual report that the
established level of service standards for solid waste will be mel for all
developments which have been accounted for in their Comprehensive Plan. As
this proposal is currently reflected in the adopted· plan, concurrency will be met
for the proposed development of this parcel.
Consistency: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon'
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
,
Section 3.3.2 (Standards for RezoninQ Actions): The applicable
performance standards of Section 3.3.2 and other policies which apply are
as follows:
D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts
from the new use.
The property is bordered to the north by POC (Planned Office Center - Congress
Park North), to the east by the MIC (Mixed Industrial and Commercial), to the
south by PCC (Tract A of Congress Park South, and the maintenance facility for
the municipal golf course) and OSR (Open Space and Recreation - municipal
golf course), and the west by OSR (municipal golf course).
There are no compatibility concerns noted with the municipal golf course located
to the west and south of the subject property or the existing Levenger's facility
located "on Tract C. With the development of Tract D, compatibility with
Congress Park North should be enhanced with a landscape buffer that is to be
provided with the development of Tract D, With the rezoning, Tract A will
become non-conforming with respect to certain aspects of the PCC regulations.
It would be appropriate with the Levenger's rezoning to initiate rezoning Tract A
to MIC (see discussion under Other Issues on Page 7 of this report). If Tract A is
not rezoned, Congress Park South will still function as a unified development,
and no compatibility concerns are noted.
.
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 5
Section 2.4.5(D)(5) (RezoninQ FindinQs):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions
of Section 3.1.1, the City Commission must make a finding that the
rezoning fulfills one of the reasons for which the rezoning change is
being sought. These reasons include the following: o,¡
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which make
the current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site andlor neighborhood.
The applicant submitted a justification statement as a part of the rezoning
application, The statement indicates that the applicable reason is lib", The
justification statement is provided below:
The cu"ent zoning is inappropriate because the LI district list the amount
of display and sales area of items processed on the premises to 2,500
square feet. Today because of a large significant public demand for
Levenger's products, there is a need to expand the warehouse distribution
facility and to go beyond the traditional mail order product delivery
approach.
The Levenger's Pavilion (Tract DJ will be the home of an exciting new
concept, a place to exhibit literary works from famous writers, scientists,
scholars, etc. The exhibits will be in the form of museum type displays,
book signing sessions, and story telling areas. The exhibits will be
centered in a multiple-story court with sUmJunding retail areas displaying
Levenger's merchandise typically found in the catalogs.
All the ,.uses being contemplated within the Levenger's expansion can be
accommodated within the MIC zone district with the recent change in language
allowing the sales of home furnishings as a permitted use. In addition, the MIC
zone district does not limit the uses based on square footage of the buildings or
land area, but will accommodate uses similar to those allowed under the current
PCC.
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 6
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and the following was found:
Conservation Policv 8:2.5: Whenever new development or redevelopment
is proposed along a waterway, a canal, or an environmentally sensitive
area identified via Policy 8-2.1, an area equivalent to at least 10% of the
..
total area of the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to TCRPC Policy
10.2.2.2
As this development abuts the LWDD canal the above policy applies, however
the entire site, with the exception of a few areas along the canal, is in a
disturbed state. The sketch plan indicates that they will preserve to the greatest
extent the Baynan trees along the canal bank.
Conservation Policv A-1.1: The practice of monitoring groundwater
conditions through installation of monitoring wells shall be continued. In
addition, within zone 3 around the series 20 and eastern wellfields.
Provisions shall be made for data from these private monitoring wells to be
used in the City's on-going monitoring efforts.
Pursuant to the Wellfield Zone Protection Map, Tract B is located within Zone
#3. The County Wellfield Protection Ordinance, administered by the Department
of Environmental Protection (DEP), determines whether or not monitoring wells
are required for any property. An Affidavit of Notification is required to be
transmitted to DEP which identifies the materials that are stored on the site or
utilized in the processing aspect of the facility. The applicant will need to notify
DEP of this proposal. Installation of a monitoring well or written confirmation
from DEP that a well is not required will be attached as a condition of site plan
approval for this project. This policy also addressed LOR Section 3.3.4(A),
which requires assurance that provisions of the County Wellfield Protection
Ordinance shall be complied with.
Other Issues:
As mentioned earlier in this report, it is appropriate to initiate a rezoning from
PCC to MIC for Tract A, as the original PCC zoning is no longer applicable. The
remaining tract will be non-conforming with respect to required land area (10
acre minimum), perimeter landscape buffers, and the Light Industry component
will encompass more than 50% of the total land area within the remaining portion
of the pee. Based on the latest available occupational license information, all
the uses in Tract A will be conforming under the Mle zoning.
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 7
In addition, Tract E (the golf course maintenance facility) is zoned PCC. Golf
courses and their accessory uses are not a permitted use in the PCC zone
district. Therefore, it is also appropriate to initiate a rezoning of the maintenance
facility from PCC to OSR (Open Space and Recreation), thereby making it
conforming.
Compliance with Land Development Reaulations: The proposed ùse is to
be in compliance with the Land Development Regulations.
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
The applicant has submitted a Sketch Plan. While the submitted sketch plan is
not being formally considered at this time, the following comments are provided.
· The pavilion exceeds the height limitations in the MIC zone district.
· The allowable height of the light fixtures is 25', and 30' is proposed.
· Abandonment and replacement of the 59' Cross Access Easement located at
the southwest corner of Tract C, as necessary.
· Abandonment and replacement of modified utility easements as necessary.
· Provision of a Cross Access agreements between Tract A and B, and Tracts
A and D.
· Verification from owners of Tracts A, L-2 and R that the modifications to
those tracts are acceptable.
· Modifications to Tract R may either require a replat of the subject property, a
dedication by separate instrument, or changes to the site plan.
· Provision of existing and proposed topographic elevations.
· Provision of a Unity of Title for Tracts B, C, and D,
· On-site circulation information regarding the routing of trucks and vehicles to
insure the least amount of impact on the adjacent subdivision (Golf View
Condominium).
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P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 8
The rezoning is not in a geographic area requiring review by either the HPB
(Historic Preservation Board), DDA (Downtown Development Authority) or the
CRA (Community Redevelopment Agency).
"
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius
of the subject property.
Courtesy notices have been sent to:
· PROD
· United Property Owners
· Golf View Condominiums
Letters of objection, if any, will be presented at the P & Z Board meeting.
!llllr~1¡1¡¡llil¡~¡¡¡¡¡lij¡lil¡ljri¡iJ.~ii!~i::¡:¡illll1IIIIIijill¡I¡:¡_'J;_I1IRli¡¡¡¡¡¡¡liif.~I~~II¡¡I¡¡~~¡i¡lii¡~JIJ.I~¡¡liiij¡¡:1
The proposed rezoning of a portion of Congress Park South (Tracts B, C and D)
from LI and PCC to MIC is requested to accommodate the future expansion of
the Levenger's Facility. Staff analyzed the appropriateness of the proposed
zoning against other possible zoning districts, and found that the MIC zone
district would accommodate a greater range of uses proposed by Levenger's.
The rezoning request is being accompanied by a development proposal to
accommodate a 99,000 square foot warehouse, and 58,000 square foot pavilion.
The pavilion' and contemplated uses cannot be accommodated under the current
PCC zone district. Staff recommends that the Board also initiate a rezoning of
the remaining PCC parcels, Tract A from PCC to MfC, and Tract E from PCC to
OSR; thereby, eliminating a non-conforming PCC and a use not allowed under
the PCC zone district.
I :ni....<... ,.;i..}............. .................... .·.··.·.·········.·i<iA··· ........L,...,... ..e·R······· ··N····A<m··········I···V···e TA·· ··C:m..I···C)<>N·········S·· ...../../.. . ···.·.····.·.······><\\/>.·.·</\1
............,...-- ....-.. ..........-- . ,--', -' '-".', . '.." .', .._-..... ..... -',. ..-.......,--..... ....--...,.-..--......-.........,........... .,...............
::;:::::::::;:::;:;:;:::::.' --:-:. -.';. . .. ';:..-. .::":: ,"-:: :::;. -: -:: /. -: ,,' " : - ..:':::-:-:.... -.':.::<:. :-::::;::::.~<.::::::::::.;:::::.:~::::::::::: ::./:-/::<::::<::::::
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.......... - ....... -- . ............ ..-.................-........ .. .........
. ............... . . . . . . .
A. Continue with direction.
B. Recommend rezoning of Tracts B, C, and D of Congress Park
South from PCC and U to MfC, based on positive findings with
P&Z Staff Report
Rezoning from LI and PCC to MIC for a Portion of Congress Park South
Page 9
respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1,
and the performance standards of Section 3.3.2, and recommend a
City initiated rezoning of Tract E (the municipal golf course parcel)
from PCC to OSR, and Tract A of Congress Park South from PCC
toMIC.
C. Recommend denial of a rezoning Congress Park South, t>ased on
a failure to make positive findings.
[1¡['1[1¡¡i~¡¡iiif¡t¡t¡¡¡f¡¡!I¡:i¡¡i¡¡¡¡¡jj¡¡j¡iri¡:¡t¡~i\¡¡¡¡¡i.fjl~¡II!IŒI¡1¡llllll_llllf~:' ::.~; ":"~~ ~F<~ .,~~, ,~
By separate motions:
A. Recommend approval of the rezoning request for Congress Park South
Tracts B, C, and D from PCC (Planned Commerce Center) and LI (Light
Industrial) to MIC (Mixed Industrial and Commercial), based upòn positive
findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2
(Standards for Rezoning Actions) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(D)(5).
B. Initiated rezoning of Tract A of Congress Park South from PCC (Planned
Commerce Center) to MIC (Mixed Industrial and Commercial).
C. Initiated rezoning of Tract E of Congress Park South from PCC (Planned
Commerce Center) to OSR (Open Space and Recreation).
Attachments:
a Location Map
r.J Sketch Plan
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'Jt1
SUBJECT: AGENDA ITEM # 10 C - MEETING OF NOVEMBER 7. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 65-95
(SMALL SCALE FLUM AMENDMENT AND REZONING FOR THE PUBLIC
LIBRARY AND ASSOCIATED PROPERTIES)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 65-95
which changes the Future Land Use Map (FLUM) designation for the
Delray Beach Public Library and associated properties from
Community Facilities-Public Buildings to Commercial Core, and
rezones the property from CF (Community Facilities) District to CBD
(Central Business District) . The FLUM amendment and rezoning
include the public library, Chamber of Commerce offices, municipal
parking lot, and a privately-owned commercial building just south
of the library.
This small scale amendment and rezoning will accommodate the
existing uses as well as provide greater flexibility with respect
to the CBD zone district development standards, in anticipation of
a proposal to expand the library.
The Planning and Zoning Board considered this matter at public
hearing on October 16, 1995, and voted 6 to 0 to recommend
approval. At first reading on October 24, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 65-95 on second and final
reading.
p~ 5-0
ref:agmemo14
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ORDINANCE NO. 65-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM COMMUNITY FACILITIES-PUBLIC
ì BUILDINGS TO COMMERCIAL CORE, AND REZONING FROM CF
i
i (COMMUNITY FACILITIES) DISTRICT TO CBD (CENTRAL
I
I BUSINESS DISTRICT) , FOR THE DELRAY BEACH PUBLIC
, LIBRARY AND ASSOCIATED PROPERTIES, AS THE SAME IS
, MORE PARTICULARLY DESCRIBED HEREIN¡ ELECTING TO
I
I PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
II SMALL SCALE LAND USE PLAN AMENDMENTS¡ AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"¡
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
Ii AND AN EFFECTIVE DATE,
II WHEREAS, the property hereinafter described is shown on the
Ii Future Land Use Map (FLUM) in the Comprehensive Plan for the City of
;/ Delray Beach, Florida, as being designated Community Facilities-Public
II
II Buildings ¡ and
"
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! WHEREAS, the property hereinafter described is shown on the
I Zoning District Map of the City of Delray Beach, Florida, dated April,
i
i
il 1994, as being zoned CF (Community Facilities) District¡ and
¡i its meeting of October Planning
Ii WHEREAS, at 16, 1995, the
I and Zoning Board for the City of Delray Beach, Local Planning
" as
! Agency, reviewed this item and voted 6 to 0 to recommend approval of a
, Small Scale FLUM amendment and rezoning, based upon positive findings¡
I
I and
I WHEREAS, it is appropriate that the Future Land Use Map in
!! the Comprehensive Plan be amended to reflect the revised land use
II designation, and that the Zoning District Map of the City of Delray
" Beach, Florida, dated April, 1994, be amended to reflect the revised
Ii zoning classification.
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
, Section 1. That the legal description of the subject
property is as follows:
Lots 8, 9 and 10 (less the West 8 feet for street
I right-of-way) and Lots 15, 16 and 17, all in Block
i
I 101, TOWN OF LINTON (NOW TOWN OF DELRAY) , according
II to the Plat recorded in Plat Book 1, Page 3, of the
I' Public Records of Palm Beach County, Florida,
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The subject property is located one-half block south
of East Atlantic Avenue, between S,E, 4th Avenue and
S.E. 5th Avenue (southbound Federal Highway) ;
I containing 1. 42 acres, more or less. The existing
land use is the Public Library, municipal parking
lot, Chamber of Commerce offices, and a
I privately-owned commercial building.
Section 2. That the Future Land Use Map in the
Comprehensive Plan of the City of Delray Beach, Florida, is hereby
I
I changed to reflect a land use designation of Commercial Core for the
¡ subject property.
Section 3. That the City of Delray Beach elects to make
II this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(l)(c)4,
I!
Section 4. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, is hereby amended to reflect
II a zoning classification of CBD (Central Business District) for the
subject property.
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II Section S. That the Planning Director of said City shall,
Ii upon the effective date of this ordinance, amend the Zoning Map of the
Ii City of Delray Beach, Florida, to conform with the provisions of
L Section 4 hereof,
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I Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163,3187(3), F,S. If challenged, the
effective date of this amendment shall be the date a final order is
issued by the Department of Community Affairs, or the Administration
Commission, finding the amendment in compliance with Section 163,3184,
F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the
i - 2 - Ord, No. 65-95
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Administration Committee, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status,
a copy of which resolution shall be sent to the Department of
Community Affairs, Bureau of Local Planning, 2740 Centerview Drive,
II Tallahassee, Florida 32399-2100,
PASSED AND ADOPTED in regular session second and final
II on
II reading on this the 7th day of November , 1995.
II ~~
II
,I
II ATTEST:
O~~<fì}}~ Jv/~ Ihf.'iy
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City Cl rk
, First Reading October 24, 1995
Second Reading November 7, 1995
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1 - 3 - Ord. No, 65-95
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- SMALL SCALE AMENDMENT & REZONING
PLANNINC OlPAR '\,I(N'
C\lY or O(LRA Y O(AQt, n
- - OIGlfAl. f1ASC "'-'J' SY5fC'" --
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or
P11
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~I~~~TOR
DEPARTM N OF P NNI G AND ZONING
FROM: EY A. COSTEllO
OR PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
COMMUNITY F ACILlTIES--PUBLlC BUILDINGS TO
COMMERCIAL CORE, AND REZONING FROM CF (COMMUNITY
FACILITIES) TO CBD (CENTRAL BUSINESS DISTRICT) FOR
THE DELRA Y BEACH PUBLIC LIBRARY AND ASSOCIATED
PROPERTIES.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance changing the Future land Use Map designation
from Community Facilities--Public Buildings to Commercial Core and
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Public Library and associated properties.
The subject property is located one-half block south of East Atlantic
Avenue, between S.E. 4th Avenue and S.E. 5th Avenue (Southbound
Federal Highway).
BACKGROUND:
The proposal is to change the Future land Use Map designation for the Delray
Beach Public Library and associated properties from Community F acilities--
Public Buildings to Commercial Core and rezone the property from CF
(Community Facilities) to CBD (Central Business District). The FlUM
amendment and rezoning include the public library, Chamber of Commerce
offices, municipal parking lot, and a privately-owned commercial building, just
south of the library. The FlUM amendment and rezoning will accommodate the
existing uses as well as provide the flexibility with respect to the CBD zone
district development standards, in anticipation of a proposal to expand the
. '
City Commission Documentation
Meeting October 24, 1995
First Reading of an Ordinance - Small-Scale Future Land Use Map Amendment and Rezoning to
CBD for the Defray Beach Public Library and Associated Properties
Page 2
library. Additional background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. There was one objection
raised from an adjacent property owner who was concerned that the rezoning
would ultimately lead to the establishment of new uses on the property, and a
reduction of parking spaces. The Board voted 6-0 to recommend that the
requests be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance for the FLUM amendment and
rezoning for the Delray Beach Public Library and associated properties, and
setting a public hearing date of November 7, 1995.
Attachments:
0 P & Z Staff Report and Documentation of October 16, 1995
0 Ordinance by Others
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.E.
ITEM: Future Land Use Map Amendment from Community Facilities--
Public Buildings and Rezoning from CF (Community facilities) to
CBD (Central Business District) for the Delray Beach Public Library
and associated properties, located between S.E. 4th Avenue and
S.E. 5th Avenue (Southbound Federal Highway), one-half block
south of East Atlantic Avenue.
ST.
VE:TF:RANS oaRA Y
OLD PARK SUMMIT ¡
ATlANTIC CONDO
SCHOOL PLAVo.
SOUARE
BARR
TERRACE
CONDO
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GENERAL DATA:
Owners...................................................... City of Delray Beach, and Charles H. Kempster and Ruth Doman Tr.
ApplicantlAgent...:.................................... David T. Harden, City Manager
City of Delray Beach
location..... ......... .....,.... ......,... ..,....... ..... ... Between S.E. 4th Avenue and S.E. 5th Avenue (Southbound Federal
Highway), one-half block south of East Atlantic Avenue.
Property Size..... .................... .......... ......... 1.42 Acres
Existing Future land Use Map..............'i.. Community Facilities- Public Buildings
Proposed Future land Use Map............... Commercial Core
Current Zoning.......................................... CF (Community Facilities)
Proposed Zoning....................................... CBD (Central Business District)
Adjacent Zoning......~..... ................. North: CBD
East: CBD
South: CBD
West: CBD
Existing Land Use.....................,.........,..., Public library, municipal parking lot, Chamber of Commerce offices,
and a privately-owned commercial building.
Proposed Land Use........,. ,...............,.,..... Same as existing
Water Service, ,........ ,. ..,... ,....' ,.,......,...... ,., Existing on site
Sewer Service",.,...,.,.."....,...,..,.".,.",..."" Existing on site
VE,
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1;::::;::::::::::::::::::--:::::::::::::::;::::::::::::::,::-¡::::::::¡::::;::¡:::::;:'::--::':;::::::!,::m::g:::M':::::;::::g:;§;:,-ffi::-Î":ß':':g::=::::;::m:::m:::§:::::::¡:m::::~:;:;tß::::f4:::::::=:::::::;:::;:::;::::::::::::::::';::::::::':::::::::::::::::1::::::":::::=::;::,:::::::::;::::::1
The item before the Board is that of making a recommendation on
a City initiated Small Scale Future Land Use Map Amendment from
Community Facilities-Public Building to Commercial Core and a
rezoning from CF (Community Facilities) to CBD (Central Business
District) for the Delray Beach Library and associated properties. #}-
The subject property is located between S.E. 4th Avenue and S.E.
5th Avenue (Southbound Federal Highway), one-half block south of
East Atlantic Avenue,
The proposal incorporates Lots 8 - 10, and 15 - 17, Block 101, Town of Delray,
and consists of 1.42 acres. The existing public library (lots 8 and 9 and the
north part of 10) was constructed in 1949 with additions constructed in 1961,
1968 and 1985, and exterior improvements made in 1992. The existing
commercial structure (portion of Lot 10) was constructed in 1948 with an addition
constructed in 1978. The Chamber of Commerce office building (Lot 17) was
constructed in 1968 with an addition in 1969. The existing municipal parking lot
(Lots 15 and 16) was constructed in 1970.
Prior to 1990, the public library and the adjacent parking area were zoned CBD
(Central Business District). When the new Comprehensive Plan and City-wide
rezonings were adopted in 1989 and 1990, the Community Facilities land use
and zoning designations were affixed to the properties. The properties contain
the library, the Chamber of Commerce building, and the associated parking lot,
all of which are owned by the City. The rezoning also included a privately-
owned structure located immediately south of the library.
The CF zoning regulations call for a 10' perimeter buffer around buildings. The
library has an existing setback of close to 0' on the south end, and 7.5' on the
west side. An expansiq.n is planned that would take the second floor to within a
few feet of the east property line as well. Under the CBD regulations, 0' front,
side and rear setbacks are permissible for properties located within the first block
north and south of Atlantic Avenue, The CBD zoning also provides more flexible
parking,. requirements than the CF district. In light of the less restrictive
requirements a FLUM amendment to Commercial Core and rezoning to CBO
have been requested.
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P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 2
¡:¡¡~\¡¡¡i~1~¡1~¡¡~¡::¡::~:¡¡¡¡¡¡¡¡¡:¡:¡¡:¡::¡::::::::¡¡¡¡:¡::¡;,¡:¡:¡¡¡~¡¡¡¡¡¡¡¡¡¡¡:¡:¡¡!¡¡!¡¡¡¡g¡¡¡1¡11¡¡¡~¡lrll1¡¡!¡~I¡:¡§:¡~¡¡:I¡¡11Ìll~II¡¡I~I¡¡¡¡:¡f,:¡~~¡¡¡¡¡¡¡~~~1¡¡t~itll¡¡¡¡:~¡¡¡::¡¡¡¡:!:¡¡¡¡¡¡¡¡¡~¡¡¡¡~¡¡¡
The proposal is to change the Future Land Use Map designation for the Delray
Beach Public Library and associated properties from Community Facilities-
Public Buildings to Commercial Core and rezone the property flom CF
(Community Facilities) to CBD (Central Business District). ThE!" FLUM
amendment and rezoning include the public library, Chamber of Commerce
offices, municipal parking lot, and a privately-owned commercial building, just
south of the library. The FLUM amendment and rezoning will accommodate the
existing uses as well as provide the flexibility with respect to the CBD zone
district development standards, in anticipation of a proposal to expand the
library .
This Future Land Use Map Amendment is being processed as a Small Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
proposed small scale development activities may be approved without regard to
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
0 The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
0 The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
0 The proposed amendment does not involve the same property owner's
property within a 200 feet of property granted a change within a period of
12 months.
The land use map amehdment involves a 1.42 acre area, thus the total area is
less than the 10 acre maximum for nonresidential land uses. The amendment to
Commercial Core is being processed concurrently with a rezoning request to
CBD (Central Business District) to facilitate the expansion of the public library.
This amendment along with other small scale amendments processed this year
will not exceed 60 acres. This property has not previously been considered for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year,
. '
P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 3
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were found.
land Use Analysis: ..
ç,
Pursuant to land Development Regulations Section 3.1.1 (A) (Future land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future land Use
Map.
In conjunction with the Future Land Use Map amendment to Commercial Core, a
rezoning to CBD (Central· Business District) is being sought. The FLUM
amendment and rezoning to CBD are being processed concurrently to facilitate
the expansion of the public library.
The proposed Commercial Core land use designation will allow the following
zoning classifications: CBD (Central Business District), RT (Resort Tourism), RO
(Residential Office), OSR (Open Space and Recreation), OS (Open Space), and
CF (Community Facilities). The existing uses (Public Library, Chamber of
Commerce offices, municipal parking lot, and privately-owned commercial
building) are permitted in the CBDzone district, thus, none of the uses will
become nonconforming.
land Use Compatibility:
As described in the Future Land Use Element of the Comprehensive Plan, the
Commercial Core land use designation is applied to the Community's Downtown
area which includes the "Village Center" development scenario. The
Commercial Core accommodates a variety of uses including commercial and
offices development a,s well as residential on upper floors of commercial
structures. The surro-ùnding properties have a Commercial Core land use
designation, are zoned CBD, and contain commercial uses.' Compatibility with
the adjacent commercial developments is not a concern as the uses in question
and the.. surrounding commercial uses have co-existed for many years. The
proposed land use map amendment to Commercial Core is consistent with the
proposed CBD zone district, and is of similar intensity as the existing Community
Facilities--Public Buildings land use designation.
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P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 4
'i~1\1~1~~1\\\i:i:¡:\\\~:\¡\:¡\\\\¡\::\\:¡::::\¡:::::\\:¡::1¡\\\:¡\i:\~:¡~¡:~!:!:~:¡!:~~!:~¡\¡:¡~::\~\\\¡¡\::\:¡i:\¡~\1\~\~R::\1tUI1~1~¡\:*:11i:1¡r.I\¡j§1~1¡;'§¡ft¡¡¡§¡¡¡\!:1\!:\¡¡:!¡:!::\\\i~j*!:~11i:1\¡1\\¡:f;~;¡¡¡¡¡¡~f~~~¡¡11~!:1\~t¡\\:\¡¥\*\¡I:¡\i:N¡!::¡::i:\¡i::\!::¡¡¡i::::::1
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or d~ny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the
Land Development Regulations.
FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use
designation.
The subject property has a Community Facilities-Public Buildings Future Land
Use Map designation and is currently zoned CF (Community Facilities). The
proposed Commercial Core land use designation and CBD (Central Business
District) zoning designation are consistent with each other. Pursuant to the LDR
Section 4.4.13(B), within the CBD zone district, the existing uses (public library,
Chamber of Commerce offices, municipal parking lot, and privately-owned
commercial building) are allowed as permitted uses. Based upon the above, a
positive finding can be made with respect to consistency with the land use map
designation.
CONCURRENCY: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided pursuant to
levels of service established within the Comprehensive Plan.
In the preparation of ,the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered in
the overall land use pattern, assessment of level of service, the provision of
services, and meeting remaining land use needs. Technically, the establishment
of the CBD zone district would open this parcel to commercial development
which could be more intense than uses allowed under the CF zoning. However,
this petition is related to maintaining existing uses while providing flexibility for
future expansion. Concurrency findings with respect to future improvements will
be made at the time of development review.
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P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBO for Delray Beach Public Library and associated properties
Page 5
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency. ç
ç,
Comprehensive Plan Policies
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives or policies were found.
Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not
applicable. The applicable performance standard of Section 3.3.2 is as
follows:
(D) That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both
existing and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The surrounding properties are commercial in character and are zoned
CBO. Compatibility with the surrounding properties is not a concern as
the existing library and associated uses are commercial in character and
have co-existed with the surrounding uses for many years.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons includ~ the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
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P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBO for Oelray Beach Public Library and associated properties
Page 6
The reason for which the rezoning is being sought is based upon Items "a" and
"c". With respect to the commercial property i'!1mediately south of the library, the
CF zoning designation was erroneously applied and therefore should be rezoned
to CaD.
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With respect to the balance of the property, the existing uses are commercial in
character and are permitted in the CaD zone district. The CaD zone district
provides more flexible setback and parking requirem~nts than the CF zone
district. The CF zoning regulations call for a 10' perimeter buffer around
buildings. The library hßs an existing setback of close to 0' on the south end,
and 7.5' on the west side. An expansion is planned that would take the second
floor to within a few feet of the east property line as well. Under the CaD
regulations, 0' front, side and rear setbacks are permissible for properties
located within the first block north and south of East Atlantic Avenue. The CaD
zone district 'is more appropriate as the existing uses are permitted in the caD
zone district and the properties are located within the area one block north and
south of East Atlantic Avenue.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The rezoning includes the public library, Chamber of Commerce offices,
municipal parking lot and a privately-owned commercial building. Under the
current CF zoning, the existing structures violate the required 10' building
setback requirement and are therefore nonconforming. The CF setback and
parking requirements affect the ability to expand the existing library structure.
The CaD zone district permits the existing uses and provides a more flexible
parking requirement as well as 0' building setback requirement, within the first
block north and south of Atlantic Avenue. Any future development will be
required to comply with the applicable Land Development Regulations.
Downtown Development Authority
At its meeting of September 20, 1995, the DDA reviewed the proposal for
rezoning and FLUM amendment. A recommendation is not provided as the
members were split with respect to the proposal. Those who voted against the
FLUM amendment and rezoning felt that since the facilities were "public" they
should remain zoned CF.
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P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities-Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 7
Community Redevelopment Agency
At its meeting of September 28, 1995, the CRA reviewed the proposed FLUM
amendment and rezoning and had no objections.
Public Notice: rot;.
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Letters of objection and support, if any, will be presented
at the Planning and Zoning Board meeting.
The Future Land Use Map Amendment from Community Facilities-Public
Building to Commercial Core is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
proposed land use plan amendment is consistent with the current use of the
property as well as the proposed CaD zoning designation. The rezoning will
enable positive findings to be made with Chapter 3 of the Land Development
Regulations, policies of the Comprehensive Plan, and lOR Sections
2.4.5{D){5){a) and (c) (Rezoning Findings). The privately-owned property was
erroneously zoned CF. The CF regulations are not as flexible as the CBD
regulations. The CBD zone district is more appropriate as the existing uses are
permitted in the district and the properties are located within the area one block
north and south of East Atlantic Avenue, which provides more flexible
regulations.
l:iæIDi~j¡~~r.~iI1~iijji~~[~~~'i~¡~~{~i¡~I~~Ii!li§[ltl:~I¡~~mil::I~I:¡:¡:::~li!t¡tJ.~¡mil~§¡:¡iitil.*.!,J,ff~lf!i[~[]:¡~~:¡:
A. Continue with direction.
B. Recommend approval of the Future land Use Map Amendment from
Community Facilities-Public Buildings to Commercial Core, and the
rezoning request from CF to CBD based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and LOR Sections
2.4.5{D){5){a) and (c).
C. Recommend denial of the Future Land Use Map Amendment from
Community Facilities-Public Buildings to Commercial Core and the
rezoning request from CF to CBo with the basis stated.
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P & Z Board Staff Report
Small Scale FLUM Amendment from Community Facilities--Public Buildings to Commercial Core
and Rezoning from CF to CBD for Delray Beach Public Library and associated properties
Page 8
::::~:¡r~:~!:~~::!:¡:::¡:¡¡:¡i:¡::::!:::¡¡¡:!:¡:¡:¡:i:!:::iili¡:ili!:!:f.t:!:~~1ÎI{IIØ~1illl:ltl;\I¡:M¡::M::~:~:W::¡Îj::I¡m:¡I::lI:::fát%\lj:i.'¡~11ili~t~1t:¡:¡:¡::¡t~:!:¡¡i¡t~::::¡::¡¡¡:'
Recommend to the City Commission approval of the Small-Scale Future Land
Use Map amendment for Community Facilities - Public Buildings to Commercial
Core and the rezoning from CF to CBD based upon positive findings witltrespect
to Chapter 3 (Performance Standards) of the Land Development Regùlations,
policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(a) and (c).
Attachment:
0 Location Map
This Staff Report prepared by: Jeff Costello. Senior Planner
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
10 lJ.- MEETING OF NOVEMBER 7. -- -
SUBJECT: AGENDA ITEM i 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 63-95
(SMALL SCALE FLUM AMENDMENT FOR THE LAKEVIEW GOLF
COURSE MAINTENANCE BUILDING SITE)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 63-95
which changes the Future Land Use Map (FLUM) designation for the
maintenance building site at Lakeview Golf Course from Low
Density Residential 0-5 du/acre to Recreation and Open Space.
The property comprises 0,69 acres of the overall 42 acre Lakeview
Golf Course. The balance of the golf course has a Recreation and
Open Space land use designation. The purpose of this amendment
is to have the FLUM designation for the maintenance building site
be consistent with the rest of the City-owned golf course.
The Planning and Zoning Board considered this matter at public
hearing on October 16, 1995, and voted 6 to 0 to recommend that
the amendment be approved. At first reading on October 24, 1995,
the Commission passed the ordinance by a vote of 5 to 0,
Recommend approval of Ordinance No. 63-95 on second and final
reading.
pMilUJL 6-0
ref:agmemo12
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ORDINANCE NO, 63-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE
Ii LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS
" MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY
RESIDENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION
AND OPEN SPACE; ELECTING TO PROCEED UNDER THE SINGLE
I HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP
AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE,
WHEREAS, the property hereinafter described is designated on
the Future Land Use Map (FLUM) in the Comprehensive Plan for the City
of Delray Beach, Florida, as Low Density Residential 0-5 du/acre; and
II WHEREAS, on October 16, 1995, the Planning and Zoning Board
II for the City of Delray Beach, as Local Planning Agency, considered
this matter at public hearing and voted 6 to 0 to recommend that the
" FLUM designation be changed from Low Density Residential 0-5 du/acre
II
II to Recreation and Open Space; and
I WHEREAS, it is appropriate that the Future Land Use Map in
I
the Comprehensive Plan be amended to reflect the FLUM designation of
Recreation and Open Space.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I Section 1. That the legal description of the subject
I property is as follows:
The North 199 feet of the South 1,476 feet of the
West 150 feet of the East 230 feet of the Southeast
Quarter (SE 1/4) of Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida.
I The subject property is known as the Lakeview Golf
Course Maintenance Building site and is located on
the west side of Dover Road, approximately 200 feet
north of Wedgewood Road; containing 0,69 acres, more
or less.
I Section 2. That the Future Land Use Map designation for the
¡ subject property in the Comprehensive Plan is hereby changed from Low
Density Residential 0-5 du/acre to Recreation and Open Space.
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Section 3. That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163,3187(l)(c)4,
Section 4. That all ordinances or parts of ordinances in
I conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective
thirty-one (31) days after adoption, unless the amendment is
challenged pursuant to Section 163,3187(3), F.S. If challenged, the
j effective date of this amendment shall be the date a final order is
II issued by the Department of Community Affairs, or the Administration
I Commission, finding the amendment in compliance with Section 163,3184,
I F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has
II become effective. If a final order of noncompliance is issued by the
I Administration Committee, this amendment may nevertheless be made
I effective by adoption of a resolution affirming its effective status,
a copy of which resolution shall be sent to the Department of
!I Communi ty Affairs, Bureau of Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of November , 1995.
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ATTEST:
o 1, ~ '/ilJ.-e)äitf'ì /Ir; z4
City Cl k
First Reading October 24, 1995
Second Reading November 7, 1995
- 2 - Ord. No. 63-95
I
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LINTON BOULEVARD
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N LAKEVIEW GOLF COURSE
PI._...HC O(PAlU\I(H r MAINTENANCE FACILITY BUILDING
ow or O(lRAY O(AO'. f\.
- - OtCITAI. fJAS(' UAP SYSTCU --
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~
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THRU: NE DOMING , DIR OR
DEPARTMENT OF PLAN I D ZONING
FROM: A. COSTEllO
PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM
LOW DENSITY RESIDENTIAL 0-5 DU/ACRE TO RECREATION
AND OPEN SPACE FOR THE LAKEVIEW GOLF COURSE
MAINTENANCE BUILDING SITE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance changing the Future land Use Map designation
for the lakeview Golf Course maintenance building site (0.69 acres) from
low Density Residential 0-5 du/acre to Recreation and Open Space.
The subject property is located on the west side of Dover Road,
approximately 200 feet north of Wedgewood Road.
BACKGROUND:
On August 2, 1995, the City of Delray Beach purchased the lakeview Golf
Course and associated facilities. The City is currently processing a rezoning of
the 42-acre golf course property from R-1-AA and R-1-AAA-B (Single Family
Residential) to OSR (Open Space and Recreation) concurrently with the FlUM
amendment. The golf course has a Future land Use Map designation of
Recreation and Open Space, however, a portion of the property which contains
the golf course maintenance building (0.69 acres) has a land use designation of
low Density Residential 0-5 du/acre. While the OSR zone district is not
inconsistent with the underlying low Density land use designation, it is
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City Commission Documentation
Meeting of October 24, 1995
First Reading of an Ordinance - Small-Scale Land Use Map Amendment from Low Density
Residential 0-5 du/acre to Recreation and Open Space for the Lakeview Golf Course
Maintenance Building Site
Page 2
appropriate to change the land use designation to Recreation and Open Space
to be consistent with the balance of the City-owned golf course. Additional
background and an analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the FlUM amendment. There was no
public testimony in opposition to the request. The Board voted 6-0 to
recommend that the amendment be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance changing the Future land Use
Map designation for the lakeview Golf Course Maintenance Building site from
low Density Residential 0-5 du/acre to Recreation and Open Space, and setting
a public hearing date of November 7, 1995.
Attachments:
0 P & Z Staff Report and Documentation of October 16, 1995
0 Ordinance by Others
S:FLULAKEV.DOC
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---ST AFF REPORT ---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.B
ITEM: Future land Use Map Amendment from low Density Residential 0-
5 du/acre to Recreation and Open Space for the lakeview Golf
OJ,
Course maintenance building site, located on the west side of
Dover Road, approximately 200 feet north of Wedgewood
Boulevard.
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LINTON BOULEVARD
........ .-... CA
GENERAL DATA:
Owner..... ..... ................ ........... .... ....... ...... City of Delray Beach
Applicant/Agent.......,............................... David T. Harden, City Manager
Location.................. ..... ...... ........ .............. West side of Dover Road, approximately 200 feet north of
Wedgewood Boulevard.
Property Size............. ........... .... ............... 0.69 Acres
Existing Future Land Use Map.................. Low Density Residential 0-5 du/acre
Proposed Future Land Use Map............... Recreation and Open Space
Current Zoning..... .................... .......... .../.. R-1-AAA-B (Single Family Residential)
Proposed Zoning.... .................................. OSR (Open Space and Recreation)
Adjacent Zoning....... .......... ............. North: R-1-AAA-B
East: RM (Medium Density Residential)
,,. South: R-1-AA (Single Family Residential)
West R-1-AAA-B
, Existing Land Use............................,...... Lakeview golf course maintenance building
Proposed Land Use.................................. Same as existing
Water Service......................,................... Existing on site
Sewer Service.........,........, ............. .......... Existing on site
V,ß,
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The item before the Board is that of making a recommendation on
a Small-Scale Future Land Use Map Amendment from Low Density
Residential 0-5 du/acre to Recreation and Open Space.
The proposed amendment comprises 0.69 acres of the overall 42
acre Lakeview Golf Course. The subject property is located on tli'e
west side of Dover Road, approximately 200 feet north of
Wedgewood Boulevard.
On August 2, 1995, the City of Delray Beach purchased the lakeview Golf
Course and associated facilities. The City is currently processing a rezoning of
the golf course property from R-1-AA and R-1-AAA-B (Single Family Residential)
to OSR (Open Space and Recreation). The golf course has a Future land Use
Map designation of Recreation and Open Space, however, a portion of the
property which contains the maintenance building ·has a land use designation of
low Density Residential 0-5 du/acre. While the OSR zone district is not
inconsistent with the underlying low Density land use designation, it is
appropriate to change the land use designation to Recreation and Open Space
to be consistent with the balance of the City-owned golf course.
(For a complete history, please refer to the Rezoning Staff Report).
~~{tfttf~l~~:¡::~~¡:¡;j~j::¡~::¡:~¡:::¡:~::::::;:::~¡:¡::¡::¡:¡:¡:¡;:¡:~::i;:~::::..~~::g~:I:::Î~~!§¡::§¡;i:~~tli~¡§~lîl¡;I~J;~I~I:lll:~I:¡¡¡~:..:::¡::::~~:¡::~r~¡:¡;;:~¡~1~~~i[~'I~¡¡¡¡I~f!~:~~~:;:::
The proposal is to change the land use designation of the 0.69 acre parcel from
low Density Residential 0-5 du/acre to Recreation and Open Space. The
balance of the property has a Recreation and Open Space land use designation.
The property contains a maintenance building associated with the golf course.
A city initiated rezoning of the overall 42 acre Lakeview Golf Course from R-1-AA
and R-1-AAA-B (Single Family Residential) to OSR (Open Space and
Recreation) is being processed concurrently with the FLUM amendment and is
discussed in a separate Staff Report.
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This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statues 163.3187. This statute states that any
local government comprehensive land use plan amendments directly related to
proposed small scale development activities may be approved without regard to
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P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 2
statutory limits on the frequency of consideration of amendment (twice a year),
subject to the following conditions:
0 The amendment does not exceed either 10 acres of nonresidential land or
10 acres of residential land with a density of 10 units per acre or less;
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0 The cumulative effect of the amendments processed under this section
shall not exceed 60 acres annually; and,
0 The proposed amendment does not involve the same property owner's
property. within a 200 feet of property granted a change within a period of
12 months.
The land use map amendment involves a 0.69 acre area, thus the total area is
less than the 10 acre maximum. The maximum density allowed under the
existing Low Density Residential designation is 5 dwelling units per acre, while
the proposed Recreation and Open Space designation does not allow residential
uses and is applied to public recreation areas. Thus, the proposal involves a
nonresidential land use which w,ill result in a decrease of potential density. The
amendment to Recreation and Open Space is being processed concurrently with
a rezoning request to OSR (Open Space and Recreation) to accommodate the
existing golf course use and to create consistency between the zoning and land
use designations.
This amendment along with other small scale amendments processed this year
will not exceed 60 acres. This property has not previously been considere~ for a
land use amendment nor have any of the same property owner's properties been
granted a land use change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and nQ applicable objectives and policies were found.
Land Use Analysis:
Pursuant to land Development Regulations Section 3.1.1 (A) (Future land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
The proposed Recreation and Open Space land use designation, which is
consistent with the balance of the property, will allow the following zoning
.
P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 3
classifications: OSR (Open Space and Recreation), OS (Open Space), and CF
(Community Facilities). In conjunction with the Future Land Use Map
amendment, a rezoning from R-1-AA and R-1-AA-B (Single Family Residential)
to OSR (Open Space and Recreation) is being processing to accommodate the
existing public golf course use and to create consistency between the zoning
and land use designations. ...'
Adjacent Zoning Designations & Land Uses:
North and west of the subject property is zoned R-1-AAA-B (Single Family
Residential); south is zoned R-1-AA (Single Family Residential); and east,
across Dover Road and the canal, is zoned RM (Medium Density Residential).
The existing land uses to the north,' south and west are single family homes
(Lakeview, Sherwood Park and Lakeview Phase" subdivisions) and to the east
are condominium developments (Imperial Villas and Pines of Delray West).
Compatibility with the adjacent single family residences is not a major concern.
The existing golf course and the adjacent residences have co-existed for many
years. The proposed land use plan amendment is consistent with the underlying
land use designation of the balance of the golf course and is much less intense
than what is currently permitted.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new Pursuant to Section 3.1.1(8), Concurrency as defined
pursuant to Objective 8-2 of the land Use Element of the Comprehensive
Plan must be met and a determination made that the public facility needs of
the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of,
needed capital improvements.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughou.t the entire planning and service area were considered in
the overall land use påttern, assessment of level of service, the provision of
services, and meeting remaining land use needs. As the FLUM amendment
does not involve changing the existing use of the property, concurrency findings
are not necessary. However, it is noted that the FLUM amendment to
Recreation and Open Space will result in a maximum development potential
which is less intense than that which could be developed under the current
residential zoning classification.
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P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf Course
Page 4
I;¡:::::;:::::¡:::::::::::;¡::i:::;::::::::::::;:;:;:::::::';;::;!::::::::;::::::;::::::::;;,::::::;,:;::;::;:;::::,;:i':;:"::::¡:B!:::§:::~:i:Jj,:§:::~:::::~;'ª¡;M:::::::i,;m;,Î:;:m:;':m:::ß,;:;§:::::::;::;::::;::::¡::;::::;:::::;:::::::;:::::;;'::::::::::::;:::;:;,;:::;:;:;:;:::::::::::;;,:;;,:::::::::;::::::::::;:::::::i'l
The FLUM amendment is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), the DDA (Downtown Development
Authority), or the HPB (Historic Preservation Board). .;
.;
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500' radius
of the subject property. Special notices were provided to the following
homeowner's associations and citizen's groups:
0 Andover 0 Lakeview Greens
0 Crosswinds 0 Oakmont
0 Del-Aire 0 Pines of Delray
0 Foxe Chase 0 Pines of Delray East
0 Imperial Villas 0 Shadywoods
0 Lakeview 0 Sherwood Park
0 Spanish Wells
0 PROD (Progressive Residents of Delray)
0 United Property Owners
Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting.
I¡:¡::¡¡¡¡¡¡¡i¡j:¡¡¡¡:¡¡~:::¡:¡:¡:flli::¡¡:i,¡¡¡:¡¡:¡¡¡¡¡¡¡:¡IJ¡§¡¡I~s¡:§J¡¡§::::Ñ!¡¡¡¡§:¡¡¡fj¡¡¡m:¡¡¡tl¡¡Ñ¡ri,ª::::¡:¡¡~§¡¡Î::¡¡Ñ::¡I:::¡g;¡¡Yt:::~¡¡¡!:¡¡m¡:¡I::¡:illi¡:¡¡::[¡¡¡:¡¡:¡¡:¡¡:¡:¡:::¡¡:¡¡¡ili[¡¡¡¡:¡f¡¡¡¡¡¡¡::¡¡~:¡:::1
The Future Land Use Map Amendment from Low Density Residential 0-5
du/acre to Recreation and Open Space is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
adjacent residences are predominantly single family in nature. The proposed
land use plan amendmf?nt is consistent with the current use of the property as
well as the land use designation for the balance of the golf course.
1¡¡:¡f::::¡¡¡]¡¡:ili:;I:::::¡¡:¡::::¡::~:¡¡:::::;:::;::¡::;::::¡::::::¡¡¡¡¡¡:¡:::::¡:::r¡:¡¡:::¡::lIIIf¡:æ¡::§::::111l:::~:::ï¡J1Mì:§::::::;1~:::lili¡ffi::ì¡ll;;¡Ñ!;"§;:l;:::¡:::::::i:::::::;::¡::;;¡::¡¡I:¡:¡:::::¡:¡;¡¡:¡:::::¡::::;;:¡¡:::;::¡:::¡::::;¡;:;:::;::¡:;:;1
A. Continue with direction.
S. Recommend approval of the Future Land Use Map Amendment from Low
Density Residential 0-5 du/acre to Recreation and Open based upon
positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations and policies of the Comprehensive Plan,
.
·
P & Z Board Staff Report
Future Land Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation and
Open Space for a portion of Lakeview Golf C~urse
Page 5
C. Recommend denial of the Future Land Use Map Amendment from Low
Density Residential 0-5 du/acre to Recreation and Open Space with the
basis stated.
Recommend to the City Commission approval of the Small Scale Future Land
Use Map Amendment from Low Density Residential 0-5 du/acre to Recreation
and Open Space based upon positive findings with, respect to Chapter 3
(Performance Standards) of the Land Development Regulations and policies of
the Comprehensive Plan.
Attachment:
0 Location Map
This Staff Report prepared by: Jeff Costello. Senior Planner
U:FLULAKEV. DOC
','
!6
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'J11
SUBJECT: AGENDA ITEM * IDe - MEETING OF NOVEMBER 7. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 64-95
(LAKEVIEW GOLF COURSE REZONING)
DATE: OCTOBER 30, 1995
This is second reading and public hearing for Ordinance No. 64-95
which rezones the Lakeview Golf Course from R-1-AA and R-1-AAA-B
(Single Family Residential) Districts to OSR (Open Space and
Recreation) District. The property contains 42 acres and was
purchased by the City on August 2, 1995. It is an lS-hole
executive golf course (Par 3) with a clubhouse, maintenance
building and associated parking located at the northeast corner of
the site.
The Planning and Zoning Board considered this item at public
hearing on October 16, 1995, and voted 6 to ° to recommend that the
rezoning be approved. At first reading on October 24, 1995, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No, 64-95 on second and final
reading.
p~ 5-0
ref:agmemo13
.
.
,
ORDINANCE NO, 64-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS LAKEVI EW GOLF COURSE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-1-AA AND R-1-AAA-B (SINGLE
I FAMILY RESIDENTIAL) DISTRICTS TO OSR (OPEN SPACE AND
I RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE WEST SIDE OF DOVER ROAD, BETWEEN
LINTON BOULEVARD AND LAKEVIEW BOULEVARD; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 199·P;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
,I WHEREAS, the property hereinafter described is shown on the
'1 Zoning District Map of the City of Delray Beach, Florida, dated April,
Ii 1994, as being zoned R-1-AA and R-1-AAA-B (Single Family Residential)
II District; and
I
I:
II WHEREAS, at its meeting of October 16, 1995, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
II Agency, considered this item at public hearing and voted 6 to 0 to
recommend approval of the rezoning, based upon positive findings; and
Ii
WHEREAS, it is appropriate that the Zoning District Map of
the City of , Delray Beach, Florida, dated April, 1994, be amended to
I reflect the revised zoning classification,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
II Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
II amended to reflect a zoning classification of OSR (Open Space and
Ii Recreation) District for the following described property:
Tract A (less the area described in O,R, Book 6145,
Page 1395, as recorded in the Public Records of Palm
Beach County, Florida) and Tract B (less the area
described in O.R. Book 3163, Page 1155, and O,R. Book
5417, Pages 724 through 726, as recorded in the
Public Records of Palm Beach County, Florida) ,
according to the PLAT OF LAKEVIEW, recorded in Plat
Book 30, Pages 10 and 11 of the Public Records of
Palm Beach County, Florida.
I TOGETHER WITH
I
!
I I
I
!
i
i
.
·
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The North 199 feet of the South 1,476 feet of the
West 150 feet of the East 230 feet of the Southeast
Quarter (SE 1/4) of Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida,
The subject property is located on the west side of
Dover Road, between Linton Boulevard and Lakeview
Boulevard¡ containing 42 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
I Section 3. That all ordinances or parts of ordinances in
I conflict herewith be, and the same are hereby repealed,
I' Section 4. That should any section or provision of this
: ordinance or any portion thereof, any paragraph, sentence, or word be
¡ declared by a court of competent jurisdiction to be invalid, such
! decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I Section 5. That this ordinance shall become effective
i immediately upon passage on second and final reading.
! PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of November , 1995.
I ~~
, ATTEST:
'I (JL~ 'I7)¡.c)V ((IJ J0'fkt
I City Cl rk
I First Reading October 24, 1995
I
I Second Reading November 7, 1995
I
I
!
il - 2 - Ord, No. 64-95
I,
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OSR
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L 0 SON I ( R-1-AAA-B ) B L V D.
SHERWOOD ) I B L V D. 1
LAKE VIEW B L V D.
CF
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RM-a CF
RM -10
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LAKEVIEW GOLF COURSE
l'lANNINC O(PAIH"(N T
CITY Of' O(LIIAY O(ACIt, rL
- - OIClfltl lJAse AlAI' SI'S feu --
.
01(
P;t{
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
~~~~
THRU: NE DOMINGUEZ, DI C
DEPARTME J F PLA NIN AND ZONING
FROM: Y A. COSTEllO
PLANNER
SUBJECT: MEETING OF OCTOBER 24, 1995
REZONING FROM R-1-AA AND R-1-AAA-B (SINGLE FAMll Y
RESIDENTIAL) TO OSR (OPEN SPACE AND RECREATION)
FOR THE LAKEVIEW GOLF COURSE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval on first
reading of an ordinance rezoning the lakeview Golf Course from R-1-AA
and R-1-AAA-B (Single Family Residential to OSR (Open Space and
Recreation) for the lakeview Golf Course.
The subject property is located on the west side of Dover Road, between
Linton Boulevard and lakeview Boulevard.
BACKGROUND:
On August 2, 1995, the City of Delray Beach purchased the lakeview Golf
Course and associated facilities. lakeview Golf Course is an 18-hole executive
golf course (Par 3) with a clubhouse, maintenance building and associated
parking located at the northeast corner of the site. The proposal is to rezone the
42 acre golf course from R-1-AA and R-1-AAA-B (Single Family Residential) to
OSR (Open Space and Recreation). The golf course has a Future land Use
Map designation of Recreation and Open Space, however, a portion of the
property which contains the maintenance building has a land use designation of
low Density Residential 0-5 du/acre. With the rezoning request, a Future land
Use Map Amendment is being processed to change the Future land Use Map
, '
City Commission Documentation
Meeting of October 24, 1995
First Reading of an Ordinance - Rezoning from R-1-AA and R-1-AAA-B (Single Family
Residential) to OSR (Open Space and Recreation) for the Lakeview Golf Course.
Page 2
designation for the maintenance building site (0.69 acres) to Recreation and
Open Space to be consistent with the balance of the City-owned golf course.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 16, 1995, the Planning and Zoning Board held a public
hearing in conjunction with review of the rezoning. There was no public
testimony in opposition to the request. The Board voted 6-0 to recommend that
the rezoning be approved.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance rezoning the Lakeview Golf
Course from R-1-AA and R-1-AAA-B to OSR, and setting a public hearing date
of November 7,1995.
Attachments:
0 P & Z Staff Report and Documentation of October 16, 1995
0 Ordinance by Others
S:RELAKEV. DOC
.
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: October 16, 1995
AGENDA ITEM: V.C.
ITEM: Rezoning from R-1-AA and R-1-AAA-B (Single Family Residential)
to OSR (Open Space and Recreation) for the Lakeview.¡.Golf Course
located on the west side of Dover Road, betweéí1 Lakeview
Boulevard and Linton Boulevard.
, ,
-
L 0 W S 0 NIl II I ~ LV D.
ISHERWOOD II B L V D. I
LAICEVIEW
LINTON
~ L_ CA
GENERAL DATA:
Owner......... ............................................. City of Defray Beach
Applicant! Agent...................................... David T. Harden, City Manager
Location............... ... ....... .......................... West side of Dover Road, between Lakeview Boulevard and Linton
Boulevard.
Property Size........................................... 42 Acres
Future Land Use Map.............................. Recreation and qpen Space
Current Zoning............ ............................ R-1-AA and R-1-AAA-B (Single Family Residential)
Proposed Zoning.... .................. ............... OSR (Open Space and Recreation)
Adjacent Zoning........... .................. Nort~ R-1-AAA-B
East: RM (Medium Density Residential)
South: R-1-AA, RM, RL (Low Density Residential, OS (Open Space), and PC
(Planned Commercial)
,. West: CF (Community Facilities)
Existing Land Use................................... 18-hole Executive Golf Course with associated clubhouse and
maintenance facilities.
Proposed Land Use.....................,.........,. Same as existing
Water Service.............,.......,.,.".,."..,...".. Existing on site
Sewer Service"" ... '... ,. ,."",'., ,. ,.,.."""..,.' Existing on site
VC
,
I:¡¡¡i:!~!!:i~!::¡:i::¡:¡¡:::¡:::::¡:¡:¡¡:::¡:::!:::¡::::¡::::¡:::::::::::::;::,:::::¡:::::::,:¡:::::,:::,:':¡¡::¡¡:::::"í,.:~:::§·M,:,:!:::ª:::§,i:g::¡:m:::I::::§:::::::,m!:¡I::::§:¡¡:::t§:::¡I:~~::',ii;:I:::¡:¡::'¡::::::~î:¡:::¡:¡:::¡:::::¡::::::¡::::!::::i::~:::':::::::::::::::::::::::::::~::,:::¡i:i::i~:::¡¡¡::::~::::1
The item before the Board is that of making a recommendation to the
City Commission on a City initiated rezoning of the Lakeview Golf
Course from R-1-M and R-1-AM-B (Single Family Residential) zone
districts to OSR (Open Space and Recreation), pursuant to Section
2.4.5(0). ....
The Lakeview Golf Course is located on the west side of Dover Road,
between Lakeview Boulevard and Linton Boulevard, and contains
approximately 42 acres.
Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board)
shall review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
14 ~.·'>:~¡i~~1¡~~:r!.it~~}JJiit1¡tf~~~j~~¡:¡¡:¡I:¡¡¡I¡¡:~~~:t!1~lltllÎ,tw~:;~;:~~::i~.Q¿tIl._I~'.";.~tl\iilll~~tI11~~II~~m~
The Lakeview Subdivision has an extensive land use history dating back to 1972 at
which time the Lakeview subdivision plat was recorded. The golf course was
developed in the mid 1970's on Tracts A and B of the Lakeview subdivision. The
following are the most recent land use actions as they relate to the Lakeview golf
course.
With adoption of the Future Land Use Map in 1989, the land use designation of the
golf course was changed from Residential to Recreation and Open Space. The R-1-
AA and R-1-AM-B zoning classifications that apply to the property are not consistent
with the Recreation and Open Space land use. With the Citywide rezoning in 1990, a
zoning designation of Open Space was considered but not adopted, and the
inconsistency remained. In April of 1991, the Planning and Zoning Board
recommended a change in the land use from Recreation and Open Space to Low
Density Residential (0-5 u/a) , as part of Amendment 91-1. At the City Commission's
transmittal 'hearing on the amendment, the golf course item was deleted. The
Commission directed stäff to meet with the golf course owners to consider alternative
courses of action. There were no substantive proposals brought forward as a result of
those discussions.
In January of 1992, the Commission considered initiating action to affect either the
Future Land Use designation or the zoning of the property in order to eliminate the
inconsistency between the two. The Commission discussed other alternatives such
as the possibility of the City's acquisition of the property. Funds were subsequently
allocated to pay for an appraisal of the golf course.
At the workshop meeting of January 4, 1994, the completed appraisal was discussed
by the City Commission, as was the use issue. The consensus of the Commission
was that the property remain as a golf course under private ownership, and that a
rezoning action to OS (Open Space) be initiated. At its meeting of February 8, 1994.
.
P & Z Board Staff Report
Rezoning from R-1~AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 2
the City Commission formally initiated rezoning of the golf course to OS. On February
22. 1994. the City Commission heard a request from the owners of the golf course to
postpone any rezoning action on the golf course for three (3) months, in order for the
owners to negotiate a purchase of the golf course with the City. Thus, the
Commission postponed the rezoning until July, 1994.
In the interim, a text amendment was processed creating the OSR (Open Space and
Recreation) zone district which would allow golf courses and other outsidê recreational
and public uses. On June 7, 1994, the City Commission approved the creation of the
OSR zone district on first reading and changed the initiated zoning classification of
lakeview Golf Course to OSR. Also at that meeting, the golf course rezoning was
postponed for an additional three months. The rezoning was again postponed on
September 13. 1994 and November 21. 1994. On March 21. 1995. the City
Commission directed staff to proceed with the rezoning to OSR for lakeview Golf
Course, however the rezoning was again postponed as the City and the property
owner resumed negotiations for the City's purchase of the golf course.
On August 2, 1995, the City purchased the golf course and its associated facilities.
Subsequent to the purchase, staff was directed to proceed with the rezoning of the
golf course to OSR, which is now before the Board for action.
11i~i¡~~¡¡¡¡i¡¡i¡¡¡~i.¡¡¡~¡¡:¡¡¡iii!¡¡¡~¡¡~~¡¡¡r~~¡¡¡¡¡~¡¡¡¡¡¡~¡:¡~¡¡¡¡¡¡¡¡¡~~¡:ii:~lil¡1m11~1¡1}1¡¡¡~I[11111~ljlll~I:~~;~IJ~!ri~¡¡lfªr~.i¡~I.i.¡\I.¡¡¡~t~~~11¡¡i¡¡¡fj::¡i~~¡¡~
The proposal is to rezone the 42 acre lakeview Golf Course R-1-AA and R-1-AAA-B
(Single Family Residential) to OSR (Open Space and Recreation). lakeview Golf
Course is an 18-hole executive golf course (Par 3) with a clubhouse, maintenance
building and associated parking located at the northeast corner of the site. With the
rezoning request, a Future land Use Map Amendment is being processed to change
the Future land Use Map designation for a 0.69 acre portion of the property
containing the maintenance building from low Density Residential 0-5 du/acre to
Recreation and Open Space.
"
REQUIRED FINDINGS: (Chapter 3)
Pursuant ~o Section 3.1.1 (Required Findings), prior to the approval ·of..
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the following four areas.
..
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
, '
.
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 3
The subject property has a Future Land Use Map designation of Recreation and Open
Space (approximately 41.31 acres) and Low Density Residential 0-5 du/acre (0.69
acres), with a zoning designation of R-1-AA and R-1-AAA-B (Single Family
Residential). The R-1-AA and R-1-AAA-B zoning designations are inconsistent with
the Recreation and Open Space Future Land Use Map designation. The proposed
zoning of OSR (Open Space and Recreation) will eliminate the inconsistency.
Pursuant to LDR Section 4.4.20(B)(4), golf courses, public or private, are a permitted
use within the OSR zone district. .'
The rezoning to OSR (Open Space and Recreation) is being processed in conjunction
with a Future Land Use Map amendment from Low Density Residential 0-5 du/acre to
Recreation and Open Space for a 0.69 acre portion of the overall 42 acre golf course
which contains the golf course maintenance building. While the OSR zone district is
not inconsistent with the underlying Low Density land use designation, the land use
designation is being changed to be consistent with the balance of the City-owned golf
course. Based upon the above positive findings with respect to Consistency with the
Future Land Use Map can be made.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
, established within the Comprehensive Plan.
In the preparation of the Delray Beach Comprehensive Plan, the land use
designations throughout the entire planning and service area were considered in the
overall land use pattern, assessment of level of service, the provision of services, and
meeting remaining land use needs. As the rezoning does not involve changing the
existing use of the property, concurrency findings are not necessary. However, it is
noted that the rezoning to OSR will result in a maximum development potential which
is less intensive than that which could be developed under the current residential
zoning classifications.
CONSISTENCY: Compliance with the peñonnance standards set forth in LDR
Section 3.3.2 (Standards for Rezoning Actions) along with required findings in
LDR Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a
finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
<0
Comprehensive Plan Policies: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable
policy is noted.
Open Space and Recreation Element Policy 8-2.3 - The Open Space (OS) and
Open Space and Recreation (OSR) Zone Districts of the land Development
Regulations shall be applied to "Recreation", "Open Space" and "Conservation"
.
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 4
parcels. The OS Zone shall provide for distinct standards applicable to open
space lands and to conservation lands.
The subject property is designated as Recreation and Open Space on the Future
Land Use Map and is currently zoned R-1-AA and R-1-AAA-B. Thus, consistency with
this policy has not been fulfilled. The rezoning to OSR will enable a positive finding to
be made with respect to this Comprehensive Plan policy. "',
(¡,
LDR Section 3.3.2 (Standards for Rezoning Actions): Standards Band C are not
applicable with respect to this rezoning request. The applicable performance
standards of Section 3.3.2 are as follows:
A) That a rezoning to other than CF within stable residential areas shall be
denied. ,
Although th~ property is located within an area designated as stable residential,
the rezoning to OSR (Open Space and Recreation) will eliminate an
inconsistency between the zoning and future land use maps. Further, pursuant
to Housing Element Policy A-2.4, properties indicated as "stable'residential" on
the Neighborhood Categorization Map, should have the most restrictive
residential zoning district which is applicable affixed to the property. The OSR
zone district is more restrictive than the existing single family zoning
designations (R-1-AA and R-1-AAA-B), and is more appropriate given the
existing use of the property. The rezoning should not have a detrimental effect
on the stability of the neighborhood.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to property mitigate adverse impacts from the new use.
North of the property is zoned R-1-AAA-B (Lakeview Subdivision); east is
zoned RM (Medium Density Residential) (Imperial Villas Condominium); west is
zoned CF (Community Facilities) (Emmanuel Catholic Church and The Duncan
Center); and soutf! is zoned PC (Planned Commercial) and OS (Open Space)
(Delray Town Center), RL (Low Density Residential) (Shadywoods), RM
(Lakeside Condominiums) and R-1-AA (Lakeview Phase II). The rezoning is
co!)sistent and compatible with the surrounding land uses and should not
create any adverse impacts.
LOR Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
,
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 5
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or neighborhood.
The reason for which the rezoning is being sought is based upon Items "b" and "c".
There has been a change in circumstances in that the golf course is now owned and
operated by the City and therefore, should not be zoned for residential purposes. The
golf course is a less intense use than other permitted uses allowed under the R-1-AA
and R-1-AAA-B zoning designations, which are inconsistent with the underlying land
use designation. Thus, the OSR zoning is more appropriate for the property based
upon the existing golf course use and would create consistency between the zoning
and land use map designations.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The property contains an 18-hole executive golf course (Par 3) with a clubhouse,
maintenance building and associated parking located at the northeast corner of the
site. With review of the rezoning petition, a site visit was conducted and did not reveal
any code violations. Any future development will be required to comply with the
applicable land Development Regulations.
!t.~fti.~ìr~!¡¡¡!~~!¡~~¡¡~¡~¡i¡!!~!~~¡¡!~¡~li1~~~¡i1í~~fl11~~¡mftI1g~I~1!~1!1r&!%¡!¡I!!I:!¡f.itl!Œ~m¡~¡§~¡I!j¡ilm1~1t~lililfI1¡ítJ~I¡~]1i¡¡!¡¡~~~%¡¡m¡~¡¡~¡:¡:¡r:
The rezoning is not in a geographic area requiring review by the CRA (Community
Redevelopment Agency), the DDA (Downtown Development Authority), or the HPB
(Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Special notices were provided to the following homeowner's
associations and citizen's groups:
0 Andover 0 Lakeview Greens
0 Crosswinds 0 Oakmont
0 Del-Aire 0 Pines of Delray
0 Foxe Chase 0 Pines of Delray East
0 Imperial Villas 0 Shadywoods
0 Lakeview 0 Sherwood Park
0 Spanish Wells
. '
P & Z Board Staff Report
Rezoning from R-1-AA and R-1-AAA-B to OSR (Lakeview Golf Course)
Page 6
0 PROD (Progressive Residents of Delray)
0 United Property Owners
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
~1:~rl¡I~¡!¡¡~f.f,1~¡~¡~!~1~~¡¡~¡¡¡~¡~~i[f.if.lt§ïIIJ§J;§:¡¡1~:llf1,li~!¡:I¡¡ÑJm¡¡¡!¡¡¡I¡I~H!¡!I¡¡g1~ÎfI1l\'.~~4{i1l$.1i.~1£i¡¡~tít~~¡~¡
The Rezoning from R-1-AA and R-1-AAA-B to OSR for this property is consistent with
the policies of the Comprehensive Plan and Chapter 3 (Performance Standards) of the
land Development Regulations. Also, positive findings can be made with respect to
LDR Section 2.4.5(D)(5)(b) and (c) (Rezoning Findings), that the golf course is now
owned and operated by the City, and that the OSR zoning is more appropriate given
the existing use of the property (public golf course) and the underlying Recreation and
Open Space land use designation.
.~1~1~fl~fl~~~~~;~ ~_Ii~œ;'~ltI1mlliiî¡¡l(flJl.~¡~¡~~ríf.¡lr'r'«
A. Continue with direction.
S. Recommend approval of the rezoning request from R-1-AA and R-1-AAA-B to
OSR based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D)(5)(b) and (c) (Rezoning Findings) of the land
Development Regulations, and policies of the Comprehensive Plan.
C. Recommend denial of the rezoning request from R-1-AA and R-1-AAA-B to
OSR based upon a failure to make a positive finding with respect to Chapter 3
(Perfòrmance Standards) and that pursuant to Section 2.4.5(0)(5) (Rezoning
Findings) the rezoning fails to fulfill at least one of the reasons listed.
Recommend to the City Commission approval of the rezoning from R-1-AA and R-1-
AAA-B to OSR based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5)(b) and (c) (Rezoning Findings) of the land
Development Regulations, and policies of the Comprehensive Plan.
<-
Attachment:
0 Location/Zoning Map
This Staff Report prepared by: Jeff Costello. Senior Planner
U:PZLAKEV,DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ßi11
SUBJECT: AGENDA ITEM it 10 F - MEETING OF NOVEMBER 7. 1995
SECOND PUBLIC HEARING & SECOND READING FOR ORDINANCE NO.
58-95 (TEXT AMENDMENT TO THE MIXED INDUSTRIAL AND
COMMERCIAL ZONING DISTRICT)
DATE: OCTOBER 30, 1995
This is second reading and the second of two public hearings for
Ordinance No. 58-95 which amends the Mixed Industrial and
Commercial (MIC) zoning district by deleting II furniture and home
furnishings, including appliances", from the Retail Trade category
(where the use cannot exceed 25% of the total floor area of the
bui lding) , and adds as a separate category under permitted uses,
"Interior Design and Furnishings II , thereby eliminating the 25%
limitation. In addition, Section 4.4,19(H) (3) as currently
written provides that each building must have at least 50% of its
floor area devoted to industrial use, Since this would not always
be the case with a home furnishings store, the proposed amendment
deletes that section,
This LDR amendment was initiated by the City Commission on August
29, 1995. The Planning and Zoning Board considered it at public
hearing on September 18, 1995, and voted unanimously to recommend
approval.
Because this ordinance proposes to change the actual list of
permitted uses within a zoning category (i. e. the MIC district),
two public hearings are required pursuant to Florida Statutes
Chapter 166. The first public hearing was held at first reading of
the ordinance, at which time it was passed by unanimous vote. The
second public hearing is scheduled as usual at second reading.
Recommend approval of Ordinance No. 58-95 on second and final
reading.
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ORDINANCE NO. 58-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, AMENDING SECTION 4,4.19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT" ,
I
! SUBSECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED" , OF THE LAND DEVELOPMENT REGULATIONS OF
I THE CITY OF DELRAY BEACH, BY DELETING IIFURNITURE AND
HOME FURNISHINGS, INCLUDING APPLIANCES" AND ADDING
II INTERIOR DESIGN AND FURNISHINGS"; AMENDING SECTION
) 4.4.19(H), II SPECIAL REGULATIONS", BY DELETING
I SUBPARAGRAPH 4.4.19(H)(3) IN ITS ENTIRETY, AND
I RENUMBERING THE REMAINING SUBPARAGRAPHS; PROVIDING A
I GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
I EFFECTIVE DATE.
II
II
It WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
¡i Zoning Board reviewed the subject matter at its meeting of September
Ii 18, 1995, and has forwarded the change with a recommendation of
approval by a vote of 6 to 0; and
Ii WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
11 determined that the change is consistent with and furthers the
II objectives and policies of the Comprehensive Plan,
II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
¡
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
i 4.4, II Base Zoning District" , Section 4.4.19, II Mixed Industrial and
¡ Commercial (MIC) District.., Subsection 4.4,19(B), "Principal Uses and
!
! Structures Permitted", of the Land Development Regulations of the City
, of Delray Beach, Florida, be, and the same is hereby amended to read
I
I as follows:
I
(B) Principal Uses and Structures peraitted: The following
types of use are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, repair and
, wholesale of items and other uses as permitted at Section 4.4.20(B).
I
(2 ) Finance, Insurance, and Real Estate Services.
Finance, insurance, and real estate services as a secondary use within
I anyone building, but only to the extent that the floor area for the
named uses (either accessory to an industrial use or not) shall not
exceed 25% of the floor area of the total building.
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( 3 ) Business Services. Business services as a
secondary use within anyone building, but only to the extent that the
floor area for all office use (either accessory to an industrial use
or not) shall not exceed 25% of the floor area of the total building,
Such uses shall include, but not be limited to:
(a) Accounting and bookkeeping services
(b) Advertising services
(c) Architectural and engineering services
I (d) Computer and data processing services
I (e) Correspondence and vocational schools
I (f) Credit reporting and collection
(g) Detective and protective services
I (h) Legal services
,
I (4) Retail trade. Retail uses as a secondary use
I'
II wi thin anyone building, but only to the extent that the floor area
for all retail use (either accessory to an industrial use or not)
"
,I shall not exceed 25% of the floor of the total building.
:1 area
¡ ~ Although an intent of this zoning district is to allow retailing of
!ì items manufactured, repaired, or wholesaled on-site, additional retail
II uses may be allowed. Such additional uses may include, but are not
¡, limited to:
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I' (a) Apparel and accessory stores
,!
Ii (b) Bakeries
¡, (c) Building materials and garden supplies,
I
, except mobile home dealers
I
(d) Camera and photographic equipment and
supplies
J¢J y~t~tt~t¢/_~~/~Ø¢¢/t~t~tø~t~~ø¡/t~¢~~~t~~
I _p5p5~t_~¢¢¢
I (t~) Hobbies, games and toys
Ii (~~) Jewelry, gifts, novelties
1 (~g) Luggage and leather goods
(th) Mail order houses
(~i.) Radio and television sets
()ti) Seasonal holiday items (Christmas trees,
fruit baskets, other seasonal items)
( ~k) Sporting goods, including bicycles
in Interior Desic¡n and Furnishinc¡s. The wholesale.
retail. storage and distribution of home furnishings, floor coverings.
wall coverings. lighting. and other items related to the finishing and
furnishing of interior space.
- 2 - Ord. No. 58-95
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Section 2. That Chapter Four, "Zoning Regulations II , Article
4.4, "Base Zoning District II, Section 4,4.19, II Mixed Industrial and
Commercial (MIC) District.., Subsection 4.4,19(H) , "Special
Regulations II, of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(H) Special Regulations:
I
i
I ( 1 ) Loading and unloading shall be restricted to side
and rear yards and shall be prohibited within the front yard setback.
(2) Within the front yard setback, the first ten feet
(10' ) abutting the right-of-way shall be a landscaped area within
,
I which no paving shall be allowed except for driveways and walkways
!;
I leading to structures on the premises. Such driveways and walkways
Ii shall be generally perpendicular to the property line,
I
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I
i I."$J / /~;(¢~ /)S]4;ï;l~;ïJ'i2t /ø~;(;l;l /~;(ý¢ /;('t /;l¢;(ø't /,;ï,'tý /rS¢t¢¢J'i't
I l.,ø~J/¢'/;ï'tø/'¡¢¢t/;(t¢;(/~¢ý¢'t¢~/'t¢/;ïJ'i~]4ø'tt;ï;(¡/]4ø¢J
,:
I ( ~.3.) Overhead doors shall be prohibited from facing a
I public right-of-way,
,
,I ( ,.i) Except for outside storage approved pursuant to
" Section 4.6.6(C)(2), all principal and conditional uses shall be
II
II conducted within an enclosed building.
'I Section 3. That all ordinances or parts of ordinances in
,I conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
I ordinance or any portion thereof, any paragraph, sentence, or word be
I
¡ declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid,
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
¡
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- 3 - Ord. No. 58-95
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PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of November , 1995,
~~
I ATTEST: t
I OliMn'i!J!!jÚ~ ¡/r;i"Ý;y
I City C rk
I First Reading October 24, 1995
I!
Ii Second Reading November 7, 1995
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- 4 - Ord. No, 58-95
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CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, P & Z DIREC~
SUBJECT: MEETING OF OCTOBER 24,1995
AMENDMENT TO LDR SECTION 4.4.19, MIXED I RIAL AND
COMMERCIAL (MIC) DISTRICT, ADDING "INTE DESIGN AND
FURNISHINGS" AS A PERMITTED USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an amendment to the LDRs.
The affected sections are contained in the MIC zoning district regulations, and include
Sections 4.4.19(B)(4), (B)(5) and (H)(3).
BACKGROUND:
This amendment was initiated by the City Commission at a special meeting held on
August 29, 1995, It was intended to accommodate the establishment of an ABC
Carpets store in the former Kraft building, which is zoned MIC. That proposal has been
withdrawn, however, it is appropriate to proceed with the amendment. The attached P &
Z staff report includes additional background, as well as an analysis of the request.
It should be noted that subsequent to the P & Z Board's consideration of this item, a
section of the MIC regulations was identified as perhaps being inconsistent with the
change. Section 4.4.19(H)(3) requires that every building have at least 50% of its floor
area devoted to an industrial use. That would not always be the case with a home
furnishings store. The amendment that is before the Commission deletes that section.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of September 18,
1995. There was no public testimony on the item. The Board voted unanimously to
recommend approval of the amendment.
RECOMMENDED ACTION:
0 By motion, approve the amendment adding "Interior Design and
Furnishings" to LDR Section 4.4.19, MIC District, as provided in the
attached ordinance.
Attachments:
· P&Z Staff Report of September 18, 1995
· Proposed LDR amendment
· Ordinance (by others)
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PROPOSED AMENDMENT TO THE MIC ZONING DISTRICT
Delete/amend the following:
Section 4.4.19(B)(4)
(a) Apparel and accessory stores
(b) Bakeries
(c) Building materials and garden supplies, except mobile home dealers
(d) Camera and photographic equipment and supplies
(e) Furniture and home furnishings, including applianoos
(f) œ1 Hobbies, games, and toys
ffij ill Jewelry, gifts, novelties
W Í9l Luggage and leather goods
~!b.l Mail order houses
ffiill Radio and television sets
W ill Seasonal holiday items (Christmas trees, fruit baskets, other seasonal
items)
~ 00 Sporting goods, including bicycles
Section 4.4.19(H)
(3) Each building shall have, at least, fifty percent (5Q%) of its floor
area devoted to industrial use.
(4j íID Overhead doors shall be prohibited from facing a public right-of-
way.
~ ~ Except for outside storage approved pursuant to Section
4.6.6(C)(2), all principal and conditional uses shall be conducted within an
enclosed buildings.
Add the following:
Section 4.4.19(B)(5)
Interior Design and Furnishings. The wholesale. retail. storage and
distribution of home furnishings. floor coverings. wall coverings. lighting. and
other items related to the finishing and furnishing of interior space.
s:planni\docume\reports\ccmic
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER 18, 1995
AGENDA ITEM: V. G. AMENDMENT TO LDR SECTION 4.4.19, MIXED
INDUSTRIAL AND COMMERCIAL DISTRICT, ADDING
"INTERIOR DESIGN AND FURNISHINGS" AS A
PERMITTED USE
ITEM BEFORE THE BOARD:
The item before the Board is the making of a recommendation to the City
Commission regarding an amendment to the Land Development Regulations
(LDRs). The amendment involves a change to the permitted uses in the MIC
(Mixed Industrial and Commercial) zoning district.
BACKGROUND: :
At the August 14, 1995 P & Z Board workshop, a presentation was made by
representatives for ABC Carpets, a floor covering and home furnishings store,
ABC was considering establishing a store in the former Kraft Building, located on
Congress Avenue south of the Palm Beach County governmental complex. The
building is zoned MIC. The use as described consists of the retail sales of
home furnishings; conducted in a warehouse setting. The Mic zoning district
permits retail sales, but only as a secondary use, and only to the extent that it
would occupy no more than 25% of anyone building.
The Board was supportive of allowing this type of use in the MIC, as it has
characteristics that are similar to a warehouse use, and would also tend to have
a lesser parking requirement than general retail sales. After further discussion
with ABC Carpets and City administrative staff, a modification to the MIC zoning
district was proposed and initiated by the City Commission at a special meeting
on August 29, 1995.
ABC Ca(pets has since withdrawn their plans to move into the Kraft building,
howev~r,. as the amendment was formally initiated, it is appropriate to act upon
it.
V.G.
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P & Z Memorandum Staff Report
Home Furnishings in MIC
Page 2
ANAL YSIS:
The amendment would add the following as a category of principal uses
permitted in the district:
Section 4.4.19(8)
5. Interior Design and Furnishings. The wholesale, retail, storage, and
distribution of home furnishings, floor coverings, wall coverings,
lighting, and other items related to the finishing and furnishing of
interior space.
There are presently several home furnishing and antique dealers located in the
MIC, under the provision that allows retail sales to occupy up to 25% of any
building. Having this category as a separate listing would eliminate the 25%
limitation. The addition of this language may help to attract additional furniture
sales and distribution operations to the area. Such uses. will not create a
difficulty with the relatively low parking space to square footage ratio permitted in
the MIC, as much of the floor area will be devoted to the storage and display of
large items.
With the addition of this language to the permitted uses section, it would be
appropriate to delete the following from the list of retail items subject to the 25%
floor area limitation:;
Section 4.4.19(8)(4)
(e) Furniture and home furnishings, including appliances
RECOMMENDED ACTION:
8y motion, recommend to the City Commission adoption of the attached
amendment to the LDRs, allowing "Interior Design and Furnishings· as a
permitted use in the MIC zoning district.
"
Attachments:
0 Proposed amendment
Report prepared by: Diane Dominguez
s:\Reports\PZMIC.DOC
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Ð9/ 18/ 1 '395 14:413 4137361'3533 S~CO/~Aw/P2~=iMG~T =-4GE 02
SAMUELJ.CANTOR.P.A.
ATTORNEY ^T LAW
1489 W. PAl-METTO PARK ROAD. SUITE 485
BoÇA RA'1"ON. FLORIDA 3::\486
(407) 361·9839
TItI...&}1'AX (407) 361·9533
SAMUEL 3. CÂrt'TO~· . -.,'.
. AIAO MKM__ or PJrJU'8YLVAI<'A BAI'!
September 18, 1995
Diane Dominguez
Director of Planning and Zoning
CITY OF DELRA Y BEACH
100 N.W. 1st Avenue
Delray Beach. Florida 33444
Ae: MIC Zoning
Dear Diane:
Please be advised that the undersigned represents Defray Commerce Centre which is
currently zoned MfC. Both my clients and myself highly recommend the adoption of the
amendment to the MIC zoning which would allow "Interior Design and Furnishing- as a
category of prinçipal uses rather than as a retail item subject to the 25% floor area
limitation. This ameodment would attract additional furniture sales and distribution
operations to Delray Commerce Centre which presently would be precluded.
SJC:jac
VIA TELEFAX AND U.S. MAIL ,\t~~~~~ID)
O~\NG
PLÞ-NN\NG &.1
,
Vf
fYJj
£ITY DF DELRAY BEACK
CITY ATTORNEY'S OFFICE 2:!U !'\\' IS! A\t:.';l"'[ . DELRAY BEACH, F! ORIDA :3~,¡4
i:A( SI.',jiLE ";O'~,27:)-";755
DELRAY BEACH Writer's Direct Line: (407) 243-7090
f l 0 I I D "
It.I:f.Itd
AI~America City MEMORANDUM
, III I! DATE:
November 1, 1995
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attom~
SUBJECT: Sale of Property Located at 239 N.E. 1st Avenue to Fifteen Thirteen
Partners Limited. Inc. Public Hearing
The City sent out a request for proposals regarding the purchase and rehabilitation of the
home located at 239 N.E. 1st Avenue (Bankers Row). The only response the City
received was submitted by Fifteen Thirteen Partners Limited, Inc. At this time, the
proposed agreement between the City and Fifteen Tliirteen is before you for approval.
The City acquired the property in May of this year from the United States Department of
Housing and Urban Development. As the house is in great need of repair, the
Community Development Department advertised for potential investors who were
willing to rehabilitate the parcel. The proposal received from Fifteen Thirteen appears
to meet the objectives sought in the RFP, specifically preserving the historic structure
and promoting mixed residential and office use.
The agreement between the parties requires a closing by December 30, 1995 for an
amount of $62,600.00. Our office recommends approval, of the purchase and sale
contract.
If you have any questions, please call.
DNT:srnk POSTfbf)ELJ
Attachments 1? fsah&:klf £~ S'pEt2//k-
Or) 1/ //'I/9-S-
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
Dorothy Ellington, C.D. Program Coordinator
@;ccr, 10.G
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Memorandum
To: David Harden, City Manager tI3
Thru: Lula Butler, Community Improvement Director "
From: Dorothy Ellington, Community Development 9 ft
Coordinator
Date: October 31, 1995
Subject: 239 NE 1st Avenue Contract for Sale
ITEM BEFORE THE COMMISSION
The purpose of this agenda item is to obtain approval to execute a
contract to sell the subject property to Fifteen/fhirteen Partners
Limited.
BACKGROUND
We purchased the above referenced property, upon Commission ¡
approval, on May 17, 1995. We had learned of the availability of the
property through our HOPE 3 program partners, the Palm Beach
County Housing Partnership. An appraisal, based on the projected
value of the rehabilitation plus acquisition costs, established the value of
the property to be $125,000. Due to this fact, it was determined that
the property was not suitable for HOPE 3 applicants.
Although unsuitable for our affordable housing program, the Bankers
Row Homeowners' Association expressed a desire for the City to exercise
its right to purchase so as to ensure the rehabilitation and subsequent
sale of the units would be sensitively managed. The property was
purchased with Bootstrap funds and a Request for Proposals was issued
to dispose of the property.
Fifteen/Thirteen was the only company to respond to the RFP,
submitting the required Financial Statements and plans for the
, '
redevelopment and adaptive reuse of this historic property. They have
offered to purchase the property for $62,600 (we paid $62,445.) The
company has deposited with us the required $12,520 (terms of
contract) to be held in escrow. A copy of the company's plans is
attached.
RECOMMENDATION
Staff recommends approval to execute this contract to sell 239 NE 1st
Avenue to Fifteen!Thirteen Partners Limited.
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CONTRACT FOR SALE AND PURCHASE
FIFTEEN THIRTEEN PARTNERS LIMITED, INC., a Florida corporation, as
("Buyers"), and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"),
hereby agree that the Seller shall sell and the Buyers shall buy the following real property ("Real
Property") upon the following tem1S and conditions which include the standards for real estate
transactions included in this instrument:
1. DESCRIPTION:
Lot 2 and North 6 feet of Lot 3 less the west 5 feet thereof, a subdivision of Block 74,
Town of Delray, as recorded in Plat Book 11, Page 12 of the Public Records of Palm
Belich County, Florida.
n. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $62,600.00
PAYMENT:
(a) Deposit held in escrow by City of Delray Beach
in the the amount of $12,520.00
(b) Additional escrow deposit within days after Effective
Date (as defined in Paragraph III) in the amount of $ 0.00
(c) Subject to AND assumption of mortgage in good standing
in favor of having an approximate
present principal balance of $ 0.00
(d) Purchase money mortgage note in the amoun,t of $50,080.00
(e) Other: N/A $
(1) Balance to close U.S. cash, LOCALLY DRAWN certified or
cashier's check or third parry loan, subject to adjustments and
prorations $ 0.00
;J TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties O~F ~¡¡ ~F EXECUTION communicated in writing
between the parties on or before ~ ':I~, 1995, the deposit(s) will, at Buyer's option,
be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective
Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment within 30 days
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after Effective Date for (CHECK ONLY ONE): 0 a fixed, o an adjustable or /111
fixed or adjustable rate loan for the principal amount of $50,080.00, at an initial interest
rate not to exceed 7.75% for a term of 30 years. Buyer will make application within 30
days after Effective Date and use reasonable diligence to obtain the loan commitment
and, thereafter, to satisfy the terms and conditions of the commitment and close the loan.
Buyer shall pay all loan expenses. If Buyer fails to obtain the commitment or fails to
waive Buyer's rights under this subparagraph within the time for obtaining the
commitment or, after diligent effort, fails to meet the terms and conditions of the
commitment, then either party thereafter, by written notice to the other, may cancel this
Contract and Buyer shall be refunded the deposit(s).
If Buyer is not accepted by mortgagee or the requirements for assumption are not in
accordance with the terms of this Contract or mortgagee makes a charge in excess of the
stated amount, Seller or Buyer may rescind this Contract by written notice to the other
party unless either elects to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment and, after closing, an Owner's Policy of title insurance.
ltJ CLOSING DATE: This transaction ~~ and the warranty deed and other
closing papers delivered on or before ", 1995, unless extended by other
provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMIT A TIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the,
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant -to
Standard F. Seller agrees to deliver occupancy of Property !It time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all .
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
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X. ASSIGNABILITY: Buyer may not assign Contract.
XI. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph. L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPT A"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Seètion 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those. Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fw1d the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
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, '
necessary to comply with Section 1445 and to remit the amount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRA Y BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents,
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
II right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
T¡.JE. "'5ëLLEQ NI¿L (N~T4LL )./£W zo-YE42 (l.CJ::)FS r::::¥-I ðOTII ~E.'S BE FoeE...
F: DEC, ?O,) ''';:15. STANDARDS FOR REAL ESTATE TRANSACTIONS
A, EV IDENCE OF TITLE: (I) An abstract of titlt: prepared or brought current by a reputable and
existing abstract firm (if not existing then certitied as correct by an existing finn) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through
Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county,
Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first
mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring
Buyer's title to real property, subject only to liens, encumbrances, exceptionsor qualification set forth in this Contract and those
which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be detennined according to applicable
Title Standards adopted by authority of The Florida Bar and in accordance with law, Buyer shall have 30 days, if abstract, or 5
days, if title commitment, from dale of receiving evidence of title to examine it. If title is found delì.:ctive, Buyer shall, within 3
days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty
(120) days from receipt of notice within which to remove the defcct(s), failing which Buycr shall have the option of either
accepting thc title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon
Buyer and Seller shall relcase one another of all further obligations under the Contract. Seller will, if title is found unmarket·
able, use diligent effort to corrcct defect(s) in title within the time provided therefor, including thc bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase
money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the event of default if a first mortgage
and a IS-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without
penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be
kept in good standing and forbid modifications of or future advances under p~or mortgage(s); shall require Buyer to maintain
policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire
and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may
reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be
otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in
mortgages, mortgage notes, and security agreements generally utilized by savings and loan institutions or state or national banks
located in the county wherein Real Property is located, All Personal Property and leases being conveyed or assigned will, at
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Seller's option, be subject to the lien of a security agreement evidenced by recorded tinancing statements. If a balloon mortgage,
jt/ the final payment will exceed the periodic payments thereon,
y..J 1I_l- C. SURVEY: Seller, at Seller's expense, within time allowed to deiiver evidence of title and to examine
same, ~ have rc:al property surveyed and certified by a registered Florida surveyor, If survey shows encroachment on real
property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect.
0, TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine
same, may have Real Property inspected by a Florida Certitied Pest Control Operator to determine if there is any visible active
termite intì:station or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer
will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and
estimah:d by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2%
of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after
receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in
which event Buyer shall receive a credit at closing of an amount equal to the: total of the treatment and repair estimate not in
excess of 2% of the purchllSe price, "Termites" shall be deemed to include all wood destroying organisms required to be
reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real
property sul1icient for the intended use as described herein, title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specitying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
thcrealier contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing.
If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
H, PLACE OF CLOSING: Closing shall be held in the county where real property is located, at the office
of the attorney or other closing agent designated by Seller,
I. TIME: Time is of the essence of this contract. Time periods herein of less than six (6) days shall in the
computation exclude Saturdays, Sundays and state or national legal holidays; and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m, of the next business day,
], DOCUMENTS FOR CLOSING: Seller shall furnish warranty deed, bill of sale, mechanic's lien
aflidavit, assignments of leases, tenant and mortgagee estoppel letters, corrective instruments, and closing statement. Buyer shall
furnish mortgage, mortgage note, security agreement, and financial statements.
K. EXPENSES: Documentary stamps on the warranty deed and recorQing corrective instruments shall be
paid by Buyer. Recording warranty deed shall be paid by Buyer.
L. PRORA TrONS; CREDITS: Taxes, assessments, rent., interest, insurance and other expenses and
revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing
policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing,
Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller,
Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead
and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is
available, ta.xes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not
available, then taxes will be prorated on the prior year's tax, If there are completed improvements on real property by January
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1st of year or closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated
based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions, Any
tax proration based on an estimate may, at request of either Buyer or Sellc:r, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that <::trect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date
of closing (and not as of Effective Date) are to be paid by Seller, Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified,
contirmed or ratified and Seller shaH, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body,
N, INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to
closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE
of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION, Buyer may, at Buyer's expense, have inspections made of those items by an
appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's
occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required,
Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licenscd person sekcted by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may eh:ct to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct
the defects prior to closing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice, provide
utilities scrvice for inspections, Between the effective date and the closing, Seller shall maintain property including but not
limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted, 13uyer shall be permitted
access for inspection of property prior to closing in order to conlirm compliance with this standard,
0, RISK OF LOSS: If the property is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing, If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of
either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement.
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of
funds, If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
charge which would render Seller's title unmarketable from the date of the last evidence, Proceeds of the sale shall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and
after closing date, If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period,
notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If
Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be
returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey
it to Seller by special warranty deed, If 13uyer fails to make timely demand for refund, Buyer shall take title as is, waiving all
rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed, If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending
institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control öŸer
contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it
will not withhold disbursement of mortgage proceeds as a result of any title defect attributab1e to Buyer-mortgagor, The escrow
and closing. procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section
627,7841, F,S, (1993), as amended,
Q, ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and, subje~t to clearance, disburse them in accordance with
terms and conditions of contract. Failure of clearance of funds shall not excuse Buyer's performance, If in doubt as to Agent's
duties or liabilities under the provisions of contract, Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute,
Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
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accoullting tor any items previously delivert:d out of escrow, If a licensed real estate broker, Agent will comply with provisions
of Chapter 475, F,S, (1993), as amended, Any suit between Buyer and Seller where Agent is made a party becausc of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recovcr reasonable
attorney's tè:es and costs incurred with the fees and costs to be charged and assessed as court costs in favor of thc prevailing
party, Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to
this e:;crow, unless such misdelivery is due to willful breach of contract or gross negligencc of Agent.
R. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified,
Buyer and Seller shall be relieved of all obligations under Contract. If, for any rcason othcr than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance without thereby waiving any action for damages resulting from Seller's breach.
S. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; Neither this contract nor any
notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their
successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given
by or to the attorney for any party shall be as effective as if given by or to that party,
T. CONVEYANCE: Seller shall convey tide to the real p~operty by way of Warranty Deed subject only to
matters contained in Paragraph VII and those otherwise accepted by Buyer,
U. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it
V, WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of
the rea) property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLERS:
City of Delray Beach, Florida
By:
Thomas Lynch, Mayor
ATTEST:
(SEAL)
Citý Clerk
Approved as to Form:
.
City Attorney
-7-
. ,
State of Florida
County of "POIYYJ 13ea d
The foregoing instrument was acknowledged before me this 3CJt!t day of
CD- icb lM~ · ~ L.Æ It? - I 0CÌ¿-~/'de..l"
r.. 'J fr , 1995 by t1 NJ n ~4. . f, (name of officer or agent, title
of officer or agent) of ~ ?t,~@Jt ~rIlN2~ LTD (name of corporation acknowledging), a
HnrldA. (state or place of incorporation) corporation, on behalf of the
corporation. @She is @fšOnally known to m~ or has produced
(type of identification) as identification and did (did not) take
an oath. /(
'gnature of Notary
,...,~~!j:~. FRANCES M. SAGRANS of Florida
t.~ ~:i MY COMMISSION' CC 381953
~ ~~f EXPIRES: July 16, 1996 ha. 1\ t. e ~ ¡V;. ç t¿S ('D.WI$
..'1,.¡fr..\~r.-' Bonded ThnI NoIIrt PubIc UncIeIwrIIBrs
Print, Type or Stamp Name of
Notary Public
IS J,iI¡;1
-8-
. IDiftfen 'Thirteen
'Parrnrrs Limited
October 30, 1995
CORPORA TE RESOLUTION
WHEREAS, THE UNDERSIGNED OFFICERS OF "FIFTEEN THIRTEEN PARTNERS
LIMITED, INC.", A FLORIDA CORPORATION, HEREBY AUTHORIZE
CORPORATE OFFICER WILLIAM FL YNN WESCOTT TO EXECUTE THE CONTRACT
FOR THE PURCHASE OF 239 N.E. 1 ST AVENUE, DELRAY BEACH, FLORIDA,
AND TO REPRESENT THE CORPORATION IN ALL RELEVANT MATTERS
RELATED TO THIS PURCHASE FROM THE CITY OF DELRA Y BEACH.
~~~,aL~
MARY A NE GRUDZIN I RICCI ESCOTT
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing Instrument was acknowledged
before me this 30th day of October, 1995
by MARY ANNE GRUDZINSKI RICCI and
WILLIAM FLYNN WESCOTT, P .E., who are
personally know 0 m and who did (þqt1 take an oath.
-F;;;¿
Fr nces M. Sagrans
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
My Commission Expires: July 18, 1998
My Commission Number Is: CC 381953 4.\1.~~ FRANCES M. SAGRANS
~~.
1_: t.i MY COMMISSION' CC 381953
~ .1;] EXPIRES: July 16. 1996
"'" .Rf..r.-'(,'~ BondocI Thru NoIIIy PtìJIIc l.IndeIwrIIBrI
1404 Summerwinds Lane, Jupiter, Florida U.S.A. 33458
Phone/Fax (407) 744-1404
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October 30, 1995
David N. Tolces, Esq., Assistant City Attorney
City of Delray Beach
200 N. W. 1 st Avenue
Delray Beach, FL 33444
.
RE: TRANSMITTAL OF CONTRACT FOR PURCHASE/SALE OF 239 N.E. 1 ST
A VENUE, "BANKERS' ROW". DELRA Y BEACH, PALM BEACH COUNTY.
FLORIDA
Please accept our apologies for our delay in reviewing and returning the
attached Contract; other restoration Projects have been demanding.
So that you might make the Nov. 7 Commission Agenda, we have changed
the Time for Acceptance to Nov. 17, 1995, and the Closing Date to Dec. 30,
1995. (Bill Wescott will hand carry the signed Contract to the City today.)
Also, in accordance with OUf agreement with Dorothy Ellington on Friday,
October 27, 1995, Special Clause "Fit has been added on page 4 of the
subject Contract... "F. THE SELLER WILL INSTALL NEW 20-YEAR ROOFS ON
BOTH HOUSES BEFORE DEC. 20, 1995." [Naturally, since these Mackie houses
are Historic, materials selected will maintain their Historic Character.]
This week weare applying to Chris Brown for a CRA loan.
Please let us know when you need further input.
10rdiallY, _ .
~~~4~~~__
MARY NNE GRU SKI RICCI
End: Contract cc: Dorothy Ellington
1404 Summerwinds Lane, Jupiter. Florida U.S.A. 33458
PhonelFax (407) 744-1404
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ItI:f.Ittftember 8, 1995 100 N.yv. 1st AVENUE . DELRAV BEACH, FLORIDA 33444 . 407/243.7000
;~America ci,
~ II¡~ Anne ~cco
William Flynn Wescott, PE
1993Fifteen Thirteen Partners Limited
1404 Sumrnerwinds Lane
Jupiter, Florida 33458
Subject: 239 NE 1st Avenue
Dear Ms. Ricco and Mr. Wescott:
Thank you for your recent submission in response to our Request For Proposals regarding the
Bankers Row property. We are excited about your plans for the project, particularly your
sensitivity to the historic character of the neighborhood. The proposal as submitted appears to
be acceptable.
This is to advise you of our time frame and readiness to close once your proposal is fonnally
accepted by contract. Once the City attorney reviews the proposal a sales contract will be
developed incorporating your proposal. After you accept the contract by signing it, we are
required to submit it to the City Commission for approval. We will try to get this on the
November 7 Commission agenda so that we may close the deal by November 20. In the
meantime, if you have questions or concerns regarding this letter and process, please call me.
Enclosed for your infonnation and use is a copy of the Historic Preservation Board's COA
application and a cover memo from Pat Cayce explaining that process. Please contact Pat
directly with questions. Her telephone number is 243-7284.
Let me say that I have enjoyed working with you and hopefully this project will be the beginning
of a successful venture for you and your company in the City of Delray Beach.
Sincerely,
da1~ ~
Dorothy Ellington
Community Development Coordinator
xc: Lula Butler, Community Improvement Director
Susan Ruby, City Attorney r
,-
@ Printed on Recycled PapUl THE EFFORT ALWAYS MATTERS
.
Fifteen Thirteen
partners Limited
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_ HISTORIC 239 BANKE:,RS· RC)'VV --
1404 Summerwinds Lane, Jupiter, Rorida U.S.A. 33458
Phone/Fax (407) 744-1404
. .
RESPONSE TO REO-VEST FOR PROPOSAL,
239 NORTHEAST FIRST AVENUE mSTORIC ADAPTIVE RE-U8E PRO.mcr
ØANKERS ROW
çrrv OF DELRAY BEACH" FWRIDA
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Table of Contents
1.0 TABLE OF CONTENTS .
2.0 NAME OF APPLYING INDIVIDUALS
3.0 INTENDED USE OF THE PROPERTY
4.0 NARRATIVE OUTLINE OF PROPOSED RENOVATION/ADAPTIVE RE-USE:
(INCLUDING PLAN & SPECIFICATIONS)
5.0 FINANCIAL ABILITY VERIFICATIONrrlME FRAME
6.0 TERMS OF ACQUISITION
7,0 FINANCING/LOAN FOR RENOVATION/REHAB
8.0 REFERENCES
9,0 CLOSING
10,0 ADDENDA
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partners Limited
AFFIDAVIT OF WILLIAM FLYNN WESCOTT AND
MARY ANNE GRUDZINSKI RICCI D/B/A FIFTEEN THIRTEEN PARTNERS
LIMITED. INC. .
PROJECT: 239 BANKERS' ROW. DELRAY BEACH, FLORIDA
STATE OF FLORIDA
COUNTY OF PALM BEACH
On this day personally appeared William Flynn Wescott and
Mary Anne Grudzinski Ricci d/b/a Fifteen Thirteen Partners
Limited, Inc. , who after being duly sworn depose and say:
1. That the intended use of the subject property shall be
consistent with the uses allowed under Section 4.4.24(A),(B),
(C) , & (D), and further agree to the Review and Approval process
as defined under 4.4.24(E) of the City's Land Development
Regulations.
hv~~. ~ ~
MA NE UD KI
Sworn to and subscribed before me this I~ day of
Au c; os! , 1995. df¿ß "'-6_ oP¿.
t-~Y p(¡ OFFICIAL NOTARY SEAL Signature Notary Public
0.... .-!<,,,, THELMA LISTER LST~.
~ .. ~ COMMISSION NUMBER TH E:LtYt It\
; '~"iI « CC365156
'Y~' ¡f MY COMMISSION EXP. (Print, type or stamp commissioned
i' Q, ,....0 1998 name of Notary)
Personally known or has produced identification~
Type of Identification produced Florida Driver's License:
Wescott - W-239-926-35-203; Grudzinski Ricci - R-200-587-56-520
1404 Summerwinds Lane, Jupiter, Florida U.S.A. 33458
PhonelFax (407) 744-1404
2.0 ("A") NAME OF APPLYING INDIVIDUALS:
William Flynn Wescott, P.E.
Mary Anne Grudzinski Ricci
d/b/a "Fifteen Thirteen Partners Limited, Inc." (a Florida corporation).
3.0 ("B") INTENDED USE OF THE PROPERTY:
The intended Use of the Property is to optimite the requirements of the City of Delray Beach
and Main Street In carrying out a first class, mixed-use of residential and office in the east
structure and a training center/sculpture and retail saleslfine arts studio and work area as a
commercial operation in the west structure, emphasizing .b.Qth Arts and Historic Preservation,
as a major element In the Main Street Program. "Period" Furniture, Fixtures and Finishes will
be used.
4.0 ("C") NARRATIVE OUTLINE OF PROPOSED RENOVATION/ADAPTIVE RE-USE:
(Including Plan & Specifications)
The principals of "Fifteen Thirteen Partners" will personally direct the renovation of the sUbject
buildings, and rehabilitate the property In accordance with a two-phased renovation/adaptive
re-use plan, each of which phase will take six months of construction time to complete.
4.1 Phase I will Include the removal of all decayed and distressed material and the
stabilization and weather proofing of the subject structures. Our plan calls for the
restoration of the historic structures with the original materials used by the Mackles, and
necessary replication using similar materials. The Historic Integrity will be enhanced in
accordance with the Secretary of the Interior's Guidelines and State and local
requirements.
All six (6) major trees on the site will be preserved and Included In the Final
Landscape/Site Plan.
4.2 Construction sequence priority will be placed on the south and south east portions of the
east structure, since this Is where the Fifteen Thirteen Partners residence will be located;
the next construction priority will be the Fifteen' Thirteen Historic Preservation
Development Office In the northeast quadrant of the east structure, Then a weather
proof, trellised area will be added to Join the two structures, to provide the artistic work
area and outside gallery for use in Phase II.
4.3 In Phase II, the west building will be renovated to contain the art and sculpture studio,
training facility, the mail order office, and photographic dark room (where the current
kitchen area Is). The exterior sculpture garden/work area In the northwest portion of the
239 Bankers Row property will be utilized Initially as a construction storage area and ,!
subsequently used for outside workshops and tropical exterior sculpture materials
evaluations as part of the training program. The finished.:.sculpture Garden will
.
significantly enhance Bankers' Row. The southeastern portion of the property will be
utilized as an Instructional herb garden .
4.4 (Refer to attached Plan and Specifications for specific criteria In connection with this,
proposed renovation/adaptive re-use). At the end of Phase II, It Is our program to apply
for Historic Designation, and to hold the facilities open for any City of Delray Historic
House Tours, Main Street Programs, and DDA and CRA activities,
5.0 ("0") FINANCIAL ABILITY VERI FICA TIONITI ME FRAME:
The enclosed forms "Personal Financial Statement" give the financial ability of the two
principals of Fifteen Thirteen Partners limited, Inc., William Flynn Wescott, P,E. and Mary Ann
Grudzinski Ricci.
5.1 This 239 Bankers' Row project is our number one priority commitment, both economically
and programwise, at this time and for the next two years. Renovation cost estimates are
for Phase I $20,000 and for Phase II $30,000.
6,0 ("E") TERMS OF ACQUISITION:
E-1 PURCHASE PRICE: Sixty two thousand six hundred Dollars ($62,600.00)
E-1 TERMS OF PAYMENT: Twenty percent (20%) on signing of purchase contract,
remainder at closing.
E-3 TIME OF CLOSING: November 20,1995.
E-4 TIME OF PERFORMANCE OF RENOVATION: Twelve months after structure
stabilization and weather proofing
(Two six-month renovation/restoration work cycles).
E-5 OTHER ACQUISITION TERMS: Security and Main Street coordination to be Interfaced
with appropriate agencies.
7,0 ("F") FINANCINGILOAN FOR RENOVATION/REHAB:
Fifteen Thirteen Partners, Inc. will self-finance the entire project purchase cost; approximately
fifty percent (50%) of the $50,000 cost of renovation will be loaned from appropriate local
sources.
8.0 ("G") REFERENCES:
'-
The Honorable Mary McCarty, Palm Beach County Commissioner
Howard Ostrout, Chairman, Historic Palm Beach County Preservation Board
Donald Sleznlck, Esq., President, Florida Trust for Historic Preservation
Ms. Charlie Ellington, Historic PreservatlonlTrustee HPBCPB .
Earl K. Mallory, Esq., Attorney/Contractor, Jupiter, FL. ~
9,0 ("H") CLOSING:
THE PURCHASERS WILL CLOSE NO LATER THAN NOVEMBER 20, 1995,
10,0 ADDENDA:
· Map: Pineapple Grove Historic DistricVOSSHAD
· 239 Bankers' Row Historic Background
· Copy of City of Delray RFP 239 Bankers' Row
· Additional Partners Vitae
Respectfully submitted, August 11, 1995
\~~~ .
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Mary An e Grudz ¡"~ tJ -
"Fifteen Thirteen Partners Limited, Inc,"
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SCHEMATIC SPECIFICATION '
for the Restoration of
Historic 239 Bankers' Row
Pineapple Grove Historic District, Delray Beach, FL
August, 1995
DIVISION 1 GENERAL DATA
1, Construction Documents shall be prepared by a Licensed Professional before construclion
Notice to Proceed Is Issued.
DIVISION 2 SITEWORK
1. Trim all vegetation adjacent to building so that no vegetation Is closer than two feet form
building exterior surfaces. Protect all major trees after approved pruning.
2, Pick up and remove all debris within and around building. Store any building materials
from original building that are re-usable. Photograph and Historically Document.
. 3. Unlit rehabilitation begins, secure building by placing 3/4" exterior plywood over all
windows and all doors.
4. Inspect building for termite Infestation and other distress, and treat accordingly.
DIVISION 3 CONCRETE {As Needed)
1. New founcjatlon for building shall be concrete or concrete block piers on a continuous
concrete footing to be designed by a structural engineer.
DIVISION 4 MASONRY (Not Applicable)
DIVISION 5 METALS (Not Applicable)
DIVISION 6 WOOD & PLAsTICS (As Needed)
A. Rough Carpen"y. ( )
C-
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1, Replace designated deteriorated portions of wood framing and sheathing wilh similar 0)
e:
dimension, pressure-treated member. Fasten building envelope to foundation with .-
approved hurricane strap as specified by structural engineer. æ
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2. Temporarily remove all Interior wall finishes to expose studs. Add additional studs as æ
necessary to replace deteriorated existing studs. e:
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william flynn wescott. p.e.
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3. Square all door and window frames (after renovating floor perimeter beam and
foundation).
4. (As needed) replace wood stairs; 6" risers, 12" treads, (3) 2 x 12 stringers.
5. Repair ceiling and floor as necessary.
B. Finish Carpentry
1. Replace all missing or deteriorated exterior wood with identical material. Re-fasten all
loose siding with non-corrosive fasteners.
2. Replace all missing or deteriorated exterior trim around doors and windows. Caulk and
flash as necessary to make openings water-tight. Re-hab and paint entire window unit.
3. (As needed) remove and replace any other deteriorated wood materials, as shown on
drawings.
DIVISION 7 THERMAL & MOISTURE PROTECTION
1. Since building is to be air conditioned, install R-3D batt insulation in ceiling. Install R-19
batt insulation with vapor barrier in first floor joists. (No blown or pellet type insulation shall -
be used.)
DIVISION 8 DOORS & WINDOWS
1. Repair all windows:
a. replace broken or cracked glass.
b. replace sash weights and cords as necessary to make windows operable.
c. replace all missing, broken or deteriorated wood in window, frame or trim.
d. where entire window must be replaced, replace with identical window.
2. Replace exterior doors with s.c. panel doors to be chosen by restoration consultant. Exist
doors shall have emergency push openers.
DIVISION 9 FINISHES
1. Repair and repaint all interior paneling and siding.
2. Floors: remove all damaged flooring and replace with identical materials. Lightly sand all
floors and finish with polyurethane, two coats minimum.
3. Exterior wood: gently wash with mildew preventive solution and water. Lightly hand sand
or mechanically sand so as to remove loose paint and feather edges of old paint. (Water
or sand mechanical pressure cleaning shall not be used.) Paint all exposed wood with
one coat of approved primer and one coat of approved finish paint, semigloss, minimum 3
mil dU.
.J.
.
--
.
4. Interior wood: gently hand sand as above and repaint with on coat approved primer and
one coat approved finish. semigloss.
DIVISION 10 SPECIALTIES
1. Maintain cabinets in kitchen. Repaint cabinets, in accordance with approved mock-
up/sample.
2. Remove all other cabinets.
3. Maintain bathroom toilet partitions and repaint.
DIVISION 11 EQUIPMENT (Separate Specification)
DIVISION 12 FURNISHINGS (Separate Specification)
DIVISION 13 SPECIAL CONSTRUCTION (Not Applicable)
DIVISION 14 CONVEYING SYSTEMS (Not Applicable)
DIVISION 15 MECHANICAL
1. Install one handicapped restroom.
2. Clean plumbing fixtures and repair water and drain lines as necessary.
3. Install 4-ton (approx.) air tempering system. all duct work shall be exposéd metal ducts or
concealed ,below floor and ceiling framing or closets. No soffits shall be used to conceal
ductwork.
DIVISION 16 ELECTRICAL
1. Rewire entire building and replace all devices not in compliance with standard Electrical
Code.
.
2. All new wiring shall be surface mounted in round conduit or concealed.
3. Proved new meter. electrical panel. disconnects and electrical service as required by
Code, as Indicated on drawings.
End of this section
, '
01(
~5-0 tllv(
(11~) 11/7/95
PtPf/~~
Memorandum
To: David Harden, City Manager
From: Lula C. Butler, Director, Community Improvement Lb
Date: November 2, 1995
Subject: HOPE 3 Contract for Sale/4795 NW 6th Street, Rainberry Woods
ITEM BEFORE THE COMMISSION:
City Commission authorization and approval to execute the required Contract for Sale and
Purchase of an eligible unit acquired under the HOPE 3 Program.
BACKGROUND:
The City's HOPE 3 Program was approved by City Commission in 1993. In partnership
with the Palm Beach County Housing Partnership, we are scheduled to purchase and
rehabilitate 10 eligible housing units for resale to low and moderate income families. Our
agreement with the Department of Housing & Urban Development (HUD) require that we
make special effort to target households whose incomes are at or below 60% of the
established median income.
The unit submitted for your approval was purchased in July, 1995 for $43,338. Total cost
to rehabilitate the unit is $9, 475, funded almost equally from HOPE 3 dollars with the
match from the City's Bootstrap Program. The improved appraised value of the unit is
$69,000. Federal Regulations require that the unit be sold at appraised value.
Each potential homebuyer is required to attend two (2) four (4) hour homebuyers seminars
sponsored by our participating banks. The seminar includes training and information on
financial planning, credit and borrowing, budgeting, fair housing issues, how to evaluate the
condition of the house, price negotiation, mortgage and closing cost and a comprehensive
glossary of real estate terms.
The homebuyer in this case has been approved for a first mortgage in the amount of
$44,000, her total household income is at 37% of the median. The program provides the
City with the opportunity to hold a subordinate mortgage in the amount of the total subsidy.
The homebuyer payments are deferred during the first 73 months of the loan period and are
reduced beginning in the 74th month by 1/168th of the original balance up to 20 years. The
deferred loan is satisfied at the twenty (20th) year provided there was no default or resale
of the property which would have triggered repayment during this period. The City's
maximum subsidy is capped at $25,000.
10, H·
I
.
Page 2
David Harden
HOPE 3 Contract
City Commission Agenda 11/07/95
RECOMMENDATION:
Staff is recommending City Commission approval and execution of the Contract for Sale
to the designated qualified homebuyer under the HOPE 3 Program. The Contract has been
reviewed by the City Attorney's office.
.
" ',: . .. .
'I
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CONTRACT FOR SALE AND PURCHASE
PARTIES: The CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"),
of 100 N.W. 1st Avenue, Delray Beach, Florida ~3444 (Phone: 407-243-7000) and
Felita Patterson , ("Buyer"), of
331 N. W. 11th Avenue, Delray Beach, Florida 33444 (Phone: (407) 276-0635)
hereby agree that the Seller shall s~ll and the Buyer shall buy the following real property ("Real
Property") and personal property ("Personalty") (collectively for Real Estate Transactions
attached ("Standard(s)") and any addendum to thi~ instrument.
I. DESCRIPTION:
(a) Legal description of Real Property located in Palm Beach County,
Florida: THE EAST HALF OF LOT 18, BLOCK 3, PINE TRAILS SECTION TWO,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEAcH COUNTY, FLORIDA, RECORDED,PBì32, PG 153,
(b) Street address, city, zip, of the Property is: 4795 NORTHWEST 6TH STREET
DELRAY BEACH, FLORIDA 33445
(c) Personalty:
II. PURCHASE PRICE: .................................... $ 69,000
(a) Deposit(s) to be held in escrow by NA
in the the amount of $
(b) Additional escrow deposit within NA days after Effective
Date in the amount of $
(c) Subject to AND assumption of mortgage in good standing
in favor of NA having an approximate
present principal balance of $
(d) Purchase mone~ mortgage and mortgage note bearing annual
interest at 7. % (see Addendum) herein, in an amount of $ 44,000
-
(e) Other: HOMEBUYER ASSISTANCE FROM SELLER TO BE $$22,930
SECURED BY PROMISSORY NOTE/2ND MORTGAGE ATTACHED
(f) Balance to close (U.S. cash, LOCALLY DRAWN certified or
cashier's check), subject to adjustments and prorations $ 4ó,070
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before NOVEMBER 30, 19~jhe deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract
~ .. .
.....,....'.-.
,
.,;., , -
"
.
for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as originals. The date of this Contract ("Effective Date") will be the date when
the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or
(2) or (3»: (1) IX! a fixed, (2) .0 an adjustable or (3) o a fixed or adjustable rate loan
within ~ days after Effective Date, at an initial interest rate not to exceed 7.5 %,
term of 1() years and for the principal amount of $44,000 . buyer will
make application within 30 days after Effective Date and use reasonable diligence
to obtain the loan commitment and, thereafter, to meet the terms and conditions of the
commitment and close the loan. buyer shall pay ill loan expenses. If Buyer fails to
obtain the commitment or fails to waive Buyer's rights under this subparagraph within
the time for obtaining the commitment or after diligent effort fails to meet the terms and
conditions of the commitment, then either party thereafter by prompt written notice to the
other may cancel the Contract and Buyer shall be refunded the deposit(s).
V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2»: (1) 0 abstract of title or (2) IX! title insurance commitment and,
after closing, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on NOVEMBER 30, 1995 , unless extended by other
provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of thëïn
prevents the use of Real Property for residential purpose(s).
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
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existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this
Contract):
a)O Coastal Construction Control Line Rider
-- b)O Condominium Rider
c)O Foreign Investment in Real Property Tax Act Rider
d)O Insulation Rider
e)O FHAN A Rider
f)m Other: HOPE 3 PROGRAM PROMISSORY NOTE AND RIDER TO SECURITY INSTRUMENT'
XI. ASSIGNABILITY: (CHECK (1) or (2»: Buyer (l)Omay assign or (2)~may not
assign Contract.
X. SPECIAL CLAUSES: (CHECK (1) or (2»: Addendum (1)~is attached OR (2)Ois
not applicable.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT.
XIV. DISCLOSURES: Buyer 0 acknowledges or XJ does not acknowledge receipt of the
agency/radon/compensation and estimated closing costs disclosure. BUYER~S
INITIALS.
SELLER: BUYER:
By:
ATIEST:
~~J~ State of Florida
. City Clerk County of Palm Beach
OF~ The foregoing instrument was
t5~v.:~ before me this aL¿ day of
13 ,1995 by &.Å~
~00J\..e- (name of officer or
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(state or place of
incorporation) corporation, on behalf Qf the
corporation. He/She is persomllly J.-no'w to
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:..'\"\~NE Mo I",,;,: (type of identification) as identification and
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Deposit(s) under Paragraph II received. IF OTHER THAN CA~H, THEN SUBJECT TO
CLEARANCE: (Escrow Agent)
By:
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: CITY OF DELRAY BEACH
BUYER: FELITA PATTERSON
PROPERTY ADDRESS: 4795 NORTHWEST 6TH STREET
lXV, SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional infonnation regarding radon and radon testing may be
, obtained from your county public health unit. Paragraph L of the, Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms., If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as detennined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance fonns.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filfñg
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the am'ount of additional cash necessary to
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satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS
D AND N:
The parties hereby agree that the time periods for the inspections referred to in Standard D and
Standard N shall be modified to be made within seven (7) days from the effective date of this
Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any
reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right
to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day
inspection period and receive the return of all deposits made hereunder.
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STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (I) An abstract of title prepared or brought current by a reputable and existing abstract firm (if
not existing then certified as correct by an existing firm) purporting to beàn accurate synopsis of the instruments affecting title
to,H.eal Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which
shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this
transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully
paid. (2) A title insurance commìtment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of
the deed to ~uyer, an owner's policy of title insurance in the amount of the purèhase price, insuring Buyer's title to real property,
subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by
Seller at or' before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by
authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, i£abstract, or 5 days, if title commitment,
from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in
writing specifying defect(s), If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from
receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it
, then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall
release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to
correct defect(s) in title within the time provided therefor, including the bringing of necessary suits,
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and
~ortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace
period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit
acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modificatiol's of or future advances under prior mortgagees); and the mortgage, note and security
agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in
mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks
located in thc county wherein Real Property is located, All Personalty and leases being conveyed or assigned will, at Seller's
option, be subject to the lien of a security agreement evidenced by recorded financing statements, If a balloon mortgage, the
final payment will exceed the periodic payments thereon,
C, SURV EY: 13uycr, at 13uyds expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified by a registered Florida survcyor. If survey' shows encroachment on Real Property or that
, improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
D. TERMITES: 13uyer, at Duyer's expense, within time allowed to deliver evidence of title and to exan1ine same, may have
Real Property inspected by a Florida Certificd Pest Control Operator to detennine if there is any visible active termite infestation
or visiblc existing damage from termite infestation in the improvements, If either or both are found, Buyer will have 4 days
from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a
licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase
price, Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of
contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event
Buyer shall receive a' credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of
the purchase price. "Tcrmites"shall be deemed to include all wood destroying organisms required to be reported under the
Florida Pest Control Act.
D. INGRESS AND EGRESS~ Seller warrants and represents that there is ingress and egress to the Real Property sufficient for
the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A,
F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buycr copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and
security dcposits paid by tenant. If Seller is unable to obtain such lelter from each tenant, the same information shall be
furnished by Sellcr to Duyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants
to confirm such information, Seller shall, at closing, deliver and assign all original leases to Duyer.
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G. LIENS: Scller shall furnish to 13uycr at time of closing an affidavit attesting to the absence, unlcss otherwise provided for
herein, of any financing statemcnts, claims of lien or potential lienors known to Seller and further attesting that there have been
no improvcmcnts or repairs to Property for ninety (90) days immediately preceding date of closing, If Property has been
improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such
general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs
which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this
Contract.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or
other closing agent designated by Seller.
I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or
national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall
extend to 5:00 p,m, ofthe next business day,
J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases,
tenant and mortgagee estoppel letters, and corrective instruments, Buyer shall furnish closing statement, mortgage, mortgage
note, security agreement, and financial statemcnts,
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary
stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing, Buyer shall have the option to taking over any existing policies of insurance, if
assumable, in which event premiums shall be prorated, Cash at closing shall be increased or decreased as may be required by
prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller, Taxes shall be
proratcd based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
,exemptions, If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available,
taxes will be prorated based upon such assessment and the prior year's milage, If current year's assessment is not available, then
taxes will be prorated on the prior year's tax, If there are completed improvements on real property by January I st of year of
closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not
as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement
has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified
and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public
body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling,
roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks Qr w~~er
damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in
WORKING CONDITION, Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida
license person dealing in the construction, repair or maintenance of those ite"1s and shall report in writing to Seller such items
that do not mcet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not
less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be
deemed to have waived Seller's warranties as to defects not reported, If repairs or replacement are required, Seller shall pay up
to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected
by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect
to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to
closing, thc cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice, provide utilities service for
inspcetions. ßetwecn the cffcctive date and the closing, Seller shall maintain property including but not limited to the lawn and
shrubbcry, in thc condition hcrein warranted, ordinary wear and tear excepted, Buyer shall be permitted access for inspection of
propcrty prior to closing in ordcr to confirm compliance with this standard,
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O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three
percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as
is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of
canceling Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would
render Seller's title unmarketable from the date of the last evidence, Proceeds of the sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If
Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of
the defect and Seller shall have 30 days from date of receipt of such notification tò cure the defect. If Seller fails to timely cure
tbe defect, all deposit{s) shal~ upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special
warranty deed, If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to '
any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the
purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place,
time of day and procedures for closing, and for disbursement of mO 'fgage proceeds shall control over contrary provision in this
Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer·mortgagor. The escrow and closing
procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S.
(1989), as amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to
deposit them promptly, hold same in escrow and, subject to clearance, disburse them,in accordance with terms and conditions of
agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities
under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of
the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute, Upon notifÿing all Pæ:ties
concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items
previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1987), as amended, Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or
in any suit wherein Agentinterpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs
incurred wilh the fees and costs to be charged and assessed as court costs in favor of the prevailing party, Parties agree that
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation which, for
the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker
or Buyer's broker, shall be entiLÌed to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of
all deposit(s», the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in
equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's· title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elcct to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach,
T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be
recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and one gender shall include all, Notice given by or to the attorney
for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to Real Property by statu lory warranty, trustee's personal representative's or
guardian's deed, as appropriate to the status of Seller, subject only to mat.ters contained in Paragraph VII and those otherwise
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accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale ~ith warranty of title, subject
only to such matters as may be othelWise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless
included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing ;
and executed by the party or parties intended to be bound by it.
;
W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property , 'I"
which are not readily observable by Buyer,or which have not been disclosed to Buyer. : '
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CITY OF DELRA Y BEACH
HOPE 3 PROGRAM
PROMISSORY NOTE AND MORTGAGE DEED
Delray Beach, Florida ,1995.
1. BORROWER'S PROMISE TO PAY
A. PUl:pose; Names. This Note implements requirements applicable to assistance
furnished by Lender to Borrower under a program to help eligible families become homeowners
being carried out by Lender using, in part, grant funds furnished by the United States Department
of Housing and Urban Development ("HUD") pursuant to 24 CFR 572. The Lender has assisted
the Borrower with respect to the purchase and rehabilitation of "Property," located at 4795
Northwest 6th Street, legally described as follows:
The East Half of Lot 18, Bock 3, Pine Trail Section Two, according to the Plat thereof on
file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 32, Page 153.
for use as the Borrower's principal residence. The "Lender" is the City of Delray Beach, a
public agency which is the recipient of the grant assistance ftom HUD. The Lender is called the
"Note Holder." anyone who signs this Note in a space so designated at the end of this Note is a
"Borrower." Unless the context otherwise requires, all Borrowers shall be collectively referred to
as the Borrower or "I" in this Note.
B. Nonrecourse Note. Payment of this Note may be enforced solely out of the
proceeds of sale of the Property) whether the sale constitutes a Voluntary Sale under Paragraph
3.A. or a Default under Paragraph 5.A. (except in the event offtaud or misrepresentation by the
Borrower). The Note Holder may not seek or obtain a deficiency judgement or any other
recovery from the Borrower personally in the event that the proceeds of sale are insufficient to
fully satisfy the amounts due on this Note. However, the Note Holder may, at its option, seek
and obtain a personal judgement for all amounts payable under this Note against any Borrower
responsible for any fraud or misrepresentation which constitutes a Default under Paragraph
5.A.(vi). This right shall be in addition to any other remedies available to the Note Holder for
such fraud or misrepresentation.
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C. Subsidy Repayment Obligation: Principal. In return for assistance I have
received with respect to purchase and rehabilitation of the Property, I promise to pay U. S.
$22,930 (this amount is called "Principal") to the order of Lender. Payment of Principal under
this Note will be initially deferred and then forgiven over time as stated in Paragraph I.D.
Principal may be prepaid as stated in Paragraph 4. The amount of Principal that remains
outstanding shall be due and payable on the Closing Date of Voluntary Sale of the Property after
the first six years after the date of this Note, as stated in Paragraph 3.C., or in the event of
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Default, as stated in Paragraph 5.
D. Deferral and Forgiveness of Principal. Ifpayment is not yet due under Paragraphs
3 and 5:
(i) the outstanding Principal balance of this N.ote shall remain the same as the amount
stated in Paragraph I.C. until the end of the seventy-third (73rd) month after the date of
execution of this Note;
(ii) beginning on first day of the seventy-fourth (74th) month after execution of this
Note, and on the first day of each and every month thereafter until payment is due under
Paragraph'3 or5, the outstanding Principal balance of this Note shall be reduced by 1/1 68th of
the original balance, until the outstanding Principal balance of this Note is reduced to zero, and
(iii) if I do not sell the Property and am not in Default under this Note, I will owe
nothing on this Note at the end of twenty (20) years and one month after the date of execution of
this Note, and I will be due a release under Paragraph 10.
E. Borrower's Equity Entitlement/Other Sale Proceeds Repayment (Profit
Limitation) Obligation: Alternate Principal. Notwithstanding any amount that may be due under
Paragraph I.D., if before the end of the sixth year after the date of this Note, I make a Voluntary
Sale of the Property with notice to the Note Holder as described in Paragraph 3, I shall be
entitled to receive from the net resale proceeds an amount calculated as described in this
paragraph, but no more than that amount. First, the Note Holder shall determine the "Bona Fide
Net Resale Proceeds" for the Property, as defined below. Then, the Note Holder shall add up my
"Down Payment," "Principal Payments," "Value of My Improvements," and the sum thereof
shall be called "My Equity." If the Bona Fide Net Resale Proceeds are sufficient, I shall be
entitled to receive My Equity Therefrom. If the Bona Fide Net Resale Proceeds are not sufficient
to repay My Equity. I shall have no claim against the Note Holder, the Lender, or HUD. If there
are any Bona Fide Net Resale Proceeds remaining after payment of My Equity, such remainder
shall be paid to the Note Holder at the time and in the manner provided in Paragraph 3.B. The
amount due the Note Holder pursuant to this Paragraph and Paragraph 3.B. is the "Alternate
Principal" amount of this Note, except in the event of a default as described in Paragraph 5.B.
The terms below shall have the following meanings for purposes of this Note:
(i) "Bona Fide Net Resale Proceeds" is calculated by the Note Holder by subtracti~~
from the contract sales price between the Borrower and the proposed buyer for the Property the
amounts due on the Closing Date on any "Senior Liens" identified in Paragraph 9 and on "My
other Liens" as described below, and also subtracting the amount of any reasonable and
customary sales expenses paid by the Borrower in connection with the sale, each as determined
by the Note Holder. If any part of the contract sales price for the Property is paid in the form of a
promissory note, or any thing of value other than lawful money of the United States, the Note
Holder is hereby authorized to assign a fair market value thereto. I agree to accept such thing of
value at such assigned fair market value as part of My Equity, or to allow it to be retained by the
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Note Holder as Alternate Principal, as the Note Holder in its sole discretion may determine.
(ii) "Closing Date" means the date of closing of my sales of the Property to my buyer,
or if there is no formal closing, the date on which the conveyance (deed) is recorded.
(iii ) "Down Payment" means the amount I, or someone on my behalf, paid down on
the Property, which I am not obligated to repay to anyone else and which is not counted as
HOPE 3 match. The down payment may include an amount the Lender credited as "sweat
equity" for my unpaid work on the Property, to the extent permissible under 24 CFR Part 572.
(iv) "Principal Payments" means the amount I have paid as principal (only) on Senior
Liens up to the Closing Date.
(v) "Value of My Improvements" is calculated by the Note Holder, based on evidence
of their reasonable value when made, of improvements to the Property made at my expense (or
through "sweat equity" as described in Subparagraph (iii) above) between the date of this Note
and the Closing Date. Such improvements may not include routine maintenance or any
rehabilitation or improvements required to meet the rehabilitation/housing quality standards of
the Lender's homeownership program under 24 CFR Part 572.
(vi) ''Allowable Appreciation" shall be based on a professional appraisal of how much
the value of the property has increased from the date of this Note to the Closing Date.
(vii) "My Other Liens" refers to unpaid liens or other charges that I have authorized, or
allowed to exist, against the Property since the date of the Note. Such liens may include, for
example, liens for money borrowed to finance additional improvements, home equity lines of
credit, and other voluntary liens; liens for unpaid taxes, special assessments, water, sewer, and
other utility charges, mechanics' liens, and other liens and charges arising by operation oflaw;
and judgement or other creditor's liens, any of which may affect the amount of the sales
proceeds. The Note Holder is hereby authorized to determine, in its sole discretion, the amount
by which these liens or charges reduce the Bona Fide Net Resale Proceeds for the Property, and
to reduce the amount payable to me as My Equity by an equal amount.
2. INTEREST
No interest will be charged on this Note unless and until a Default has been declared bf-
the Note Holder under Paragraph 5. I agree to pay interest at a yearly rate of2% on the then-
outstanding Principal balance of this Note from the date of any Notice of Default until paid.
3. PAYMENT DUE ON A VOLUNTARY SALE
A. Voluntary Sale: Notice. Except as otherwise provided in this paragraph, a
"Voluntary Sale" of the Property for purposes ofthis Note is any sale or transfer of the Property,
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or any interest therein (including a beneficial interest), for "Fair Market Value" (as defined in 24
CFR 572.130(d)(4)) and with notice under this Paragraph, if the Borrower has not been, or is not
before the Closing Date, sent a Notice of Default by the Note Holder. Any such transfer for less
than Fair Market Value will also constitute a Voluntary Sale (and the Note Holder will not send a
Notice of Default), if the purchaser executes a secured promissory note to the Note Holder for the
discount, or the amount due on this Note on the Closing Date, whichever is less. I also authorize
the Note Holder to determine, in its sole discretion, whether a transfer of a portion of the
property, or a partial interest therein, for any other reason has an effect on the value of the Note
Holder's interest substantial enough to be considered a transfer for purposes of this Paragraph or
Paragraph 5. I will mail, certified maiL return receipt requested, or deliver notice of the proposed
sale and a copy of the sales contract to the Note Holder at least 14 calendar days before the
proposed Closing Date, at the following address:
City of DeJray Beach
Community Improvement Department
100 NW 1st Avenue
Delray Beach, Florida 33444
B. First Six Years. In the event of a Voluntary Sale within the first six years after the
date of this Note, I will pay the Alternate Principal calculated as described in Paragraph I.E. to
the Note Holder in U. S. Dollars on the Closing Date of the Voluntary Sale at the address above.
C. After First Six Y ears. In the event of a Voluntary Sale following the expiration of
the first six years after the date of this Note, I will pay the Principal then outstanding under
Paragraphs I.C. and I.D. to the Note Holder on the Closing Date of the Voluntary Sale at the
address above.
4, BORROWER'S RIGHT TO PREPAY
This Note may not be prepaid within the first six years, except in the event of Voluntary
Sale of the Property as described in Paragraph 3. At any time thereafter, if! am not in Default, I
may make a full prepayment or partial prepayments without paying any prepayment or interest
charge. In the event of prepayment, the Note Holder will use all of my prepayments to reduce
the amount of Principal that I owe under this Note.
5. DEFAULT --
A. Events of Default. Any of the following events shall constitute a Default under
this Note, as of the date of the Notice of Default under Paragraph 5.B.:
(i) Rental during the First Six Years. If the Borrower rents or leases (including an
oral lease ) the Property to any person or entity during the first six years after the date of this
Note, the Borrower is in Default under this Note.
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(ii) Failure to Occupy Property as Principal Residence during the First Six Years. If
all Borrowers are continuously absent from the Property for a period of more than 30 days, or
move substantially all their personal possessions out of the property, without the written consent
of the Note Holder pursuant to 24 CFR 572.11 O( c), the Borrowers shall be deemed not to be
occupying the Property as their Principal Residence and shall be in Default under this Note.
(iii) Any Transfer of the Property other than a Voluntary Sale. Voluntary Sale is
defined in Paragraph 3.A. Any transfer of the Property or any interest therein (including a
beneficial interest) that is not a Voluntary Sale as defined in Paragraph 3.A. is a default under
this Note.
(iv) Any Default under the Subordinate Security Instrument. See Paragraph 9 of this
Note and the Rider to the Subordinate Note attached. Any Default under the Security Instrument
and Rider is a Default under this paragraph.
(v) Borrower's Fraud or Misrepresentation. Any willful misstatement of, or failure
to disclose, a material fact by a Borrower relating to his or her eligibility for assistance with
respect to the Property under the Lender's homeownership program under 24 CFR Part 572 is a
Default under this Paragraph. Recovery against the Borrower responsible for the Fraud or
Misrepresentation is not limited to the proceeds of sale of the Property but may include personal
judgement and execution thereon to the full extent authorized by law.
B. Notice of Default and Amount Due If I am in Default, the Note Holder may send
me a written notice stating the reason I am in default and telling me to pay immediately: (i) the
full amount of Principal or Alternate Principal (as defined below), whichever is larger, then due
on this Note, (ii) all of the interest that lowe, and that will accrue until paid, on that amount, and
(iii) all of the Note Holder's costs and expenses reimbursable under Paragraph S.C. Only in the
event of a Default during the first six years after the date of this Note, and only for purposes of
this Paragraph, the Alternate Principal shall be calculated based on the appraised Fair Market
Value of the Property, less the amount of any Senior Liens, as of the date of the Notice of
Default.
C. Payment of Note Holder's Costs and Expenses. Ifthe Note Holder has notified
me to pay immediately in full under Paragraph 5.B., the Note Holder has the right to be repaid
from the proceeds of foreclosure for all of its costs and expenses in enforcing this Noteto t4e --
extent not prohibited by applicable law. Those expenses include, for example reasonable
attorneys' fees.
D. No Waiver By Note Holder. Even if, at a time when I am in Default, the Note
Holder does not require me to pay immediately in full under Paragraph 5.B., the Note Holder
will still have the right to do so if I am in Default for the same reason, or for another reason, at a
later time.
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6. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me
under this Note will be given by delivering it or by mailing it by first class mail to me at the
Property Address above, or at a different address if I give the Note Holder a notice of my
different address.
Except as stated in Paragraph 3.A., any notice that must be given to the Note Holder
under this Note will be given by mailing it by first class mail to the Note Holder at the address
stated in Paragraph 3.A., or at a different address, if I am given a notice of that different address.
7, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed from the
proceeds of sale of the Property. Any person who is a guarantor, surety or endorser of this Note
is also obligated to the same extent. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the
promises made in this Note. The Note Holder may enforce its rights under this Note against each
person individually or against all of us together.
8. WAIVERS
I and any other person who has obligations under this Note waive the rights of '
presentment and notice of dishonor. "Presentment" means my right to require the Note Holder
formally t6 demand payment of amounts due. "Notice of dishonor" means the right to require
the Note Holder to give notice to other persons that amounts due have not been paid.
9. SECURED NOTE
This Note is hereby secured as a HOPE 3 Program property lien of even date herein in
favor of the Note Holder on the above referenced Property and shall be recorded in the public
records of Palm Beach County. The indebtedness evidenced by this Note is subordinate in all
respects to the indebtedness evidenced by one or more notes payable to one or more Senior Lien
Holders, which notes are secured by the following "Senior Liens":
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SunBank/South Florida, National Association
This Note (Subordinate Security Instrument) describes the conditions under which I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those
conditions are set forth as follows:
TRANSFER OF THE PROPERTY. If all or any part of the Property or any interest in it
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(including a beneficial interest) is sold or transferred without notice to the Note Holder
and compliance with the terms of the Note and this Security Instrument and Rider, the
Note Holder will require immediate payment in full of all sums secured by this Security
Instrument. In the event of such a sale, or in the event of any other Default under the
Note or this Security Instrument, The Note Holder may give the Borrower Notice of
Default and acceleration under Paragraph 5 of the Note.
10. RELEASE AND SA TISF ACTION
This Note shall be deemed satisfied and I shall be 'entitled to a release ofthe Subordinate
Security Instrument upon payment of a reasonable fee, as determined by the Note Holder, for
preparation and recordation of the release under the circumstances described in Paragraph I.D.,
on the Closing Date of a Voluntary Sale in accordance with Paragraph 3, upon full prepayment
under Paragraph 4, upon payment of all amounts due upon Default under Paragraph 5, or upon
recordation of a deed-in-lieu of foreclosure under Paragraph 9.
11. GOVERNING LA W
This Note and the Subordinate Security Instrument implement 42 USC 12891-8 and 24
CFR 572 and shall be construed in accordance therewith. To the extent not inconsistent
therewith, these documents shall be governed by the law of the State and local jurisdiction in
which the Property is located.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
Witness:
[Seal}
Borrower
Witness:
[Seal]
Borrower
STATE OF FLORIDA
PALM BEACH COUNTY
The foregoing instrument was acknowledgeed before me this _day of , 19--
by , who is personally known to meor who has produced
as identification and who did/did not take an oath.
Signature Stamp and Serial No.
Name (Typed or Printed)
Notary Public - State of FI Seal
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RIDER TO THE SECURITY INSTRUMENT
This Rider is a part of the Promissory Note/Mortgage Deed to which it is attached. In this Rider,
the capitalized term "Property" refers to the Property legally described in the Note, the terms
"Borrower" or "I" refer collectively (unless the context otherwise requires) to all persons signing
the Subordinate Security Instrument and the Note secured thereby, and any other capitalized
terms used herein have the meaning assigned to them in the Note.
1. GOVERNING LAW
This Rider, Mortgage Deed and the Note implement 42 USC 12891-8 and 24 CFR Part
572 and shall be construed in accordance therewith. To the extent not inconsistent therewith,
these documents shall be governed by the law of the State and local jurisdiction in which the
Property is located.
2. TRANSFER OF THE PROPERTY
If all or any part of the Property or any interest in it (including a beneficial interest) is
sold or transferred without notice to the Note Holder and compliance with the terms of the Note
and this Security Instrument and Rider, the Note Holder will require immediate payment in full
of all sums secured by this Security Instrument. In the event of such a sale, or in the event of any
other Default under the Note or this Security Instrument, The Note Holder may give the
Borrower Notice of Default and acceleration under Paragraph 5.B. of the Note.
3. RIGHT TO PURCHASE
In the event of a proposed sale or transfer of all or any part of the Property or any interest
in it (including a beneficial interest) by the Borrower, the Note Holder shall have the right to
purchase the Property from the Borrower for the amount and on the terms specified in a written,
firm contract between the Borrower and the prospective purchaser. If the prospective purchaser
is not a low-income family as determined by the Note Holder consistent with the definition of 24
CFR 572.5, I will give notice of the proposed sale and a copy of the contract to the Note Holder
as required by Paragraph 3.A. of the Note.
Consistent with 24 CFR 572. 130(b ), the Note Holder shall have ten calendar days after--
the date it receives the copy of the contract to decide whether to exercise its right to purchase
hereunder by sending notice to the Borrower as provided in Paragraph 6 of the Note. If the Note
Holder gives me such timely notice of its decision to exercise its right to purchase the Property, it
shall have sixty (60) additional calendar days after the date of its notice to me to complete
closing of the purchase. If the Note Holder notifies me that it does not intend to purchase the
Property after receiving a copy of the contract, if it does not timely notify me of its decision to
exercise its right to purchase, or if it does not timely close on its purchase of the Property, I shall
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have the right to sell the Property free of any claims of the Note Holder under this Paragraph on
the terms stated in the contract I presented to the Note Holder, or on such other terms as are
permitted thereby.
This Paragraph 3 shall terminate and have no further force and effect upon the occurrence
of any of the following events:
A. Title to the Borrower's interest in the Property is acquired by the Holder of the
Senior Lien, HUD, FNMA or another party upon foreclosure ofthe Senior Lien.
B. Title to the Borrower's interest in the Property is acquired by the holder of the
Senior Lien or by HUD, if the first mortgage is purchased by HUD or FNMA if the first
mortgage is purchased by FNMA.
c. A mortgage insured by HUD is assigned to HUD.
4. PROHIBITION OR ASSUMPTIONS
Except where otherwise required or permitted by the Note Holder in connection with a
transfer on death, divorce, legal separation, or legal incapacity of a Borrower as provided in
Paragraph 3.A. of the Note, the Note and Mortage Deed may not be assumed.
5. SUCCESSOR NOTE
In the event of a Voluntary Sale for less than Fair Market Value as described in Paragraph
3.A. of the Note, the Note Holder will require the purchaser to execute a secured promissory note
payable to the Note Holder for the discount, or the amount then due on this Note, whichever is
less.
6. SUBORDINATION
Note Holder and Borrower acknowledge and agree that this Mortgage Deed is subject and
subordinate in all respects to the liens, terms, covenants and conditions of the First
MortgagelDeed of Trust and to all advances heretofore made or which may hereafter be made
pursuant to the First Mortgage/Deed of Trust, including all sums advanced for the purpose of (a)
protecting or further securing the lien of the First Mortgage/Deed of Trust or (b) constructing, --
renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions
of the First Mortgage/Deed of Trust are paramount and controlling, and they supersede any other
terms and provisions of this Subordinate Security Instrument in conflict therewith. In the event
of a foreclosure or deed in lieu of foreclosure of the First Mortgage/Deed of Trust, any provisions
herein or any provisions in any collateral agreement restricting the use of the Property to low or
moderate income households or otherwise restricting the Borrower's ability to sell the Property
shall have no further force or effect on subsequent owners or purchasers of the Property. Any
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person, including his successors or assigns (other than the Borrower or a person or entity related
to the Borrower), receiving title to the Property through foreclosure or deed in lieu of foreclosure
of the First Mortgage/Deed of Trust shall receive title to the Property free and clear from such
restrictions.
Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu
of foreclosure, the lien of this Mortgage Deed shall automatically terminate upon the Senior Lien
Holder's acquisition of Title, provided that (i) the Note Holder has been given written notice of a
default under the First Deed of Trust and (ii) the Note Holder (or another party acting on its
behalf) shall not have cured the default under the First Mortgage/Deed of Trust, or diligently
pursued curing the default as determined by the Senior Lien Holder, within the sixty-day period
provided in such notice sent to the Note Holder.
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COMMENTS FROM CITY COMMISSION
REGULAR MEETING OF NOVEMBER 7, 1995
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediatelv followinq Public Hearinqs.
11.A. City Manager's response to prior public comments and
inquiries. None.
11.B. From The Public.
11.B.1. Lillian Feldman expressed her appreciation for the
repairs which had been made to Linton Boulevard, east of Congress
Avenue, and complimented the City on a job well done.
FROM THE COMMISSION:
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
In response to Commissioner Randolph's previous inquiry
about the availability of various City meeting rooms, the City
Manager advised there are several meeting rooms of various sizes
available. The Police Department's training room will
accommodate any community group or groups which have community
support. Parks and Recreation has rooms available at either
Pompey Park or the Community Center and will allow civic and
non-profit organizations to use them free of charge. The Fire
Department will allow civic and non-profit organizations to use
their meeting rooms free of charge. Groups have been allowed to
use the Commission Chambers or any of the conference rooms in
City Hall. However, there is something of a security problem
with this because these areas cannot be closed off from the rest
of the building. The City Manager provided Commissioner Randolph
with a list of the facilities, along with the appropriate contact
person and telephone number.
In response to Mayor Lynch's prior comments regarding
the~Arrow Trailer Park on North Federal Highway, the City Manager
reported that during the past several months, Police officers
have been actively working to improve the situation at the
trailer park. Efforts have been two-fold, including both the law
enforcement perspective as well as efforts to gain cooperation
from the ownership so needed improvements can be made. With
officers from across all three shifts, numerous extra patrols
have been conducted. These extra patrols have resulted in
numerous field information reports, arrests, and a high profile
appearance which has a deterrent effect. The officers have
attempted to bring in other groups to assist in making an impact
on the area. Some of these groups include Code Enforcement,
Licensing, Planning and Zoning, the Fire Department, the C.R.A.,
I
the County's Health Department and H.R.S. Meetings and
inspections have been conducted with the most recent inspection
occurring on November 2, 1995. As a result, all but three of the
trailers were condemned. According to the officers, the owner
has been cooperative. As a matter of fact, the current owner
states that the property is under contract to be sold, although
the current owner will remain as property manager. It appears
that the new owner hopes that the property will be razed and then
rebuilt as a recreational vehicle park. There may be some zoning
issues to be dealt with there, and staff will be meeting to
discuss the matter next week.
In response to Mayor Lynch's suggestion that "AII
America City" signs be installed on the two Intracoastal Waterway
bridges, the City Manager reported that verbal inquiries have
been made with the Department of Transportation and Palm Beach
County. They felt there would not be a problem with putting new
signs on the Jbridges, but we would have to determine the
location, size, and mounting techniques, and then have the signs
mounted. Sketches will be drawn and a letter, along with the
sketches, will be sent to the appropriate parties for their
review. Costs will be determined at that time,
The City Manager reported on additional information
received regarding funding sources for the Urban League. The
Urban League receives $39,905 from the West Palm Beach Community
Development Block Grant program; from Palm Beach County Housing,
$128,721; zero dollars from Boynton Beach and zero dollars from
Boca Raton.
L With regard to the sound barrier wall landscaping along
V~-95, staff is working on developing options for possible
landscaping or working with homeowners associations to create
community gardens. We expect to have some of these options to
present within the next few weeks.
The City Manager referred to Mayor Lynch's previous
comment about the problem of very large homes being builtin
certain neighborhoods where the old home is torn down and a new
one built. He stated that the vÞlanning and Zoning staff has
asked for clarification from the Commission on the issues they
would like the Planning and Zoning Board to address. Should the
analysis be confined to setbacks and heights, or should the issue
be broadened to include the maximum size of structures or any
other issues which the Commission feels should be addressed?
Mayor Lynch stated that he would prefer not to get into
the size of structures. The issue should be if it is going to
hurt adjacent homes, and if the height of a proposed structure
calls for increased setbacks so as not to overwhelm neighboring
properties. He continued that it is not the size of the
structure which has been the problem, but with additional fill on
a property and then increased height, it can have a very
detrimental effect on the house next door. He felt this is the
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issue which needs to be addressed by the Planning and Zoning
Board.
At this point, William Greenwood, Director of
Environmental Services, distributed drawings of the Ocean Avenue
Jhridge in Boynton Beach. The City Manager reported that there
had been a meeting earlier today in Boynton Beach regarding the
height of this bridge, and also the width. Our concern is that
Delray Beach has two older bridges at Eighth Street (George Bush
Boulevard) and Atlantic Avenue, and what the impact would be if
we had to meet the height requirement of 21 feet.
Mayor Lynch commented that the real difficulty isn't
just the height of the bridge; if the bridge were to have a
height of 21 feet, you then have to have a 121 foot length which
would have a major impact. He continued that while Delray Beach
isn't in the plans for at least the next ten years, the problem
is that if something were to break on the bridge, it would then
be necessary to deal with this issue. If the Boynton Beach
bridge remains at 21 feet/125 ft. length, as opposed to something
like 15 or 16 ft. height with 90 ft. length, then there is a
feeling that a precedent may be set for the higher bridge. A
meeting was held with a representative from FDOT today and they
seem to be okay with lowering the height, but the final say comes
from the Coast Guard with a recommendation from the Florida
Inland Navigation District (F. I. N.D.). They are both saying they
want the 21 ft. height. Mayor Lynch stated that he felt the City
needs to get involved at this point even though we may be ten or
fifteen years away from the issue affecting us, and asked for a
consensus from the Commission to authorize formal opposition from
the City on the 21 ft. height and 125 ft. length. The idea would
be to work through Kathy Daley and our State and Federal
legislators to convince somebody to look at this issue seriously.
Mayor Lynch also indicated that he would ask Boca Raton for their
input regarding this issue. The Commission concurred to support
this position.
13.B. City Attorney.
The City Attorney had no comments.
13.C. City Commission.
13.C.l. Dr. Alperin stated there had been a recent incident at
the convenience store at 22nd and Seacrest Boulevard where a
student on his way home from Atlantic High School was the victim
of what was apparently a~ang action. It only took the Police
Department one day to apprehend the responsible individual.
However, it is very disturbing that we have this type of
gang-related activity going on where they are defining
territories. Dr. Alperin expressed concern that the status quo
in dealing with this type of mentality will likely continue and
the gangs will also continue. He felt that this type of activity
needs to be dealt with from a new tact and with new rules if
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we're going to get a handle on it before it gets out of control.
He strongly urged that our State legislators be contacted
regarding the need for stronger laws and harsher tactics to be
used in dealing with the gang organizations. Civilized measures
are ineffective when dealing with uncivilized individuals who are
part of these gangs.
Mayor Lynch suggested that Boca Raton be contacted
about a group that has been started there as a result of the
recent gang beating at the beach. They, too, are looking for
solutions and would welcome Delray Beach's participation.
On further discussion, it was the consensus of the
Commission that Kathy Daley be contacted about this issue. Mayor
Lynch stated he would get more information from Boca Raton about
the meetings they are having, and perhaps a member of Delray
Beach's Commission will be able to attend.
13.C.2. Mrs. Smith concurred with Dr. Alperin's concern that
the gang issue needs to be immediately addressed.
Commissioner Smith commented that the ticket booth at
Jreterans Park is really becoming an eyesore, and asked about the
status of the improvements which had been discussed months ago.
The City Manager advised that Captain Mark had written
a letter at one point saying that the work would be started in
the summer and finished by the fall. Apparently, he has since
changed architects. The City Manager stated that he would be in
contact with the new architect, Digby Bridges.
Mrs. Smith stated that ~he was a little disappointed
about not being able to have the olf Course management provide
some kind of record on the number of groups which were not able
to be accommodated at the dining room due to the size of the
parties requesting reservations. She felt it would be fairly
simple to keep such a record and that it would be helpful to the
Commission in future deliberations.
Mrs. Smith asked if the drainage problem on "Lake Ida
Road will be addressed during the road widening project? The
Ci ty Manager stated that the drainage will be included in the
improvements.
13.C.3. Mavor Lvnch commented that he had been contacted by a
representative f rom flown and Country Estates down near Miller
Park requesting that the hedges between their community and the
playing fields be trimmed to make them more presentable.
Mayor Lynch stated he received a report about a big
hole in the asphalt out at vBarwick Park which needs to be
repaired.
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Mayor Lynch stated he had received a letter from County
Commissioner McCarty concerning the ~ee' s Crossing development
and requests she has received from nearby residents on things
that might be done to mitigate this project's impact on their
neighborhoods. The Mayor forwarded this letter to the City
Manager for his review.
Mayor Lynch noted that the news rack ordinance
modifications will be discussed at the Workshop Meeting of
November 14, 1995.
13.B.4. Mr. Randolph inquired if Delray Beach has had any
recent inspections of yrailroad crossing devices? If and when
this is done, he asked that the City Manager provide the results
to the Commission, especially for the crossing at Lake Ida Road.
Mr. Randolph commented that on occasion, he has become
aware of cargo containers or trailers backed into yards on
certain properties, especially in the northwest area. The last
one that he saw was at N.W. 8th Avenue and N.W. 1st Street, and
it was there for a couple of days. It is his understanding that
these are used by the Haitian community for the loading of items
to be sent to Ha i t i , but in some cases may be abused. Mr.
Randolph asked if it is legal for these trailers to be put on
private property like that, and also if they are checked
periodically and who checks them before they are hauled out.
13.B.5. Mr. Ellinqsworth complimented Mr. Randolph on his
successful long drive competition trophy.
Mr. EI~gSworth inquired as to the construction
schedule for the ake Ida Road improvements? The City Manager
indicated that construction is supposed to start on November
27th, with completion of construction to occur on or about
September 30, 1996.
Mr. Ellingsworth aSk~ that he be notified of the date
for the controlled burn at the eekes Environmental Preserve.
Mayor Lynch complimented staff for organizing the
'Paint Up Delray' project which was held on Saturday, November 3,
1995. The project was a great success.
At this point, the time being 7:05 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
-5-
I
.
. À\I~ ì1"C.Gq~T- \-h(~ ~ ~ C(e.r~
"
,
Christopher F. O'Hare ,
22 Harbour Drive South
Ocean Ridge, FL 33435
- 407-364-7005
~
November 8, .1995
.
Rick Chesser, District Secretary
Florida· Department of Transportation
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309-3421 .
,
. Dear Rick, ' .
-
Thank Y91J for meeting yesterday with me, Carrie Parker and other community 'members
cûiìcemed about the proposed bridge at Ocean Avenue. ,
. ,
I understand from our discussidn ttlat the FDOT would support a lower bridge with a narrower
span if the US Coast Guard would approve it. This approval. must include a definite assurance of
thè minimum vertical and horizontal clearances permitted at the earliest stages of your Preliminary
Design phase. . ,
. .
I also understand that the lengthiest portion of this projecfs Design and Permit phase (scheduled
to be comp!eted by August 1998) is land acquisition. Extending the actual design time to
accommodate Our efforts to influence the Coast Guard would ,not affect this schedule.
Subsequentto our meeting, I spoke with Nick Empress, Chief of Navigation, US Coast Guard
(Washington office). He insists th'at his Miami office must go through the formal procedure of
design review, public comment -and conclude their Finding of Effect before they can comment on
any modification of their "advisory~ guide clearances. He also said that regarding the 1962 .
Congressional Mandate for 1,25' waterway widths, he knows of no other state that inch,ldes .
, bridges in applying this clearance width.
-
Since your department can not risk the loss of time and expense on a bridge design that may be
ultimately' rejected, I see no solution to this problem. Unhappily I now believe that this massive'
bridge will be built at the scale now proposed at Ocean Avenue and at all similar sites along the '
waterway. . ,
Thank you for your efforts to beautify this bridge with the upgrades that you have proposed thus
fu[ , . .
.
Sincerely,
ChristQpher F. O'Hare ,
Chairman, Ocean Ridge Bridge Task Force
sc/CFO
cc: Steve' Abrams ,
.' Dan.Beatty . , , \\\~~~
Tom Blum , ,,{) ~ '\ :,' ~ "'
Bill Hukill ; -'"
.. \\'\\) ,
Tom Lynch - -' '-," \\ .
.' . " -.\,.'-
Carrië Parker . .~\,,\,~\\ . ,
Mark Perry , ,
. ,
-
I
I
,
INTRACOASTAL BRIDGES
POMPANO To PALM BEACH
.
SOUTH POMPANO IS'
SOUTH POMPANO IS'
NORTH POMPANO 13'
DEERFIELD BEACH 21'
CAMINO REAL, BOCA RATON 9'
PALMETIO PARK RD., BOCA 19'
NORTH BOCA 25'
LINTON BLVD., DELRAY BEACH 30'
ATLANTIC.AVE., DELRAY 12'
GEO. BUSH BL VD., DELRA Y 9'
WOOLBRIGHT RD., BOYNTON BEACH 25'
OCEAN A VE., BOYNTON 10'
LANTANA ~RIDGE 13'
LAKEWORTH BRIDGE 35'
SOUTHERN BLVD., PALM BEACH 14'
FLAGLER BRIDGE, P.B. 17'
'. , '
ROYAL PALM BRIDGE, P.B. 14' ..
.
.
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