04-19-94 Regular
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.. . DELR\' BE\CH
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AII.America City
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING , t II I '
APRIL 19. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or
activity conducted by the City. Please contact Doug Randolph, (407)
243-7127 at least twenty-four (24) hours prior to the program or activity
in order for the City to reasonably accommodate your request.
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 corne 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 tim., pl.as. 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.
City Commission
Regular Meeting
04/19/94
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
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare 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:
Special Meeting of April 5, 1994
6. Proclamations:
A. Israel Independence Day - May 1, 1994
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
/A. RESOLUTION NO. 33-94/ABANDONMENT OF RIGHT-OF-WAY/ILENE COURT:
Adopt a resolution abandoning Ilene Court right-of-way to the
Delray Estates Homeowners Association.
.,lB. RESOLUTION NO. 34-94/ACOUISITION OF PROPERTY FOR CONSTRUCTION
~.R. OF S. W. 10TH STREET: Adopt a resolution authorizing
q. acquisition of property for road widening of S.W. 10th Street
from Dixie Highway to S.W. 4th Avenue.
VC. RESOLUTION NO. 35-94/ACOUISITION OF PROPERTY FROM HERBERT AND
CARRIE YOUNG: Adopt a resolution authorizing City acquisition
of a lot on S.W. 6th Avenue from Herbert and Carrie Young, as
part of the State Housing Incentive Program (SHIP).
/0. RESOLUTION NO. 36-94/ACOUISITION OF PROPERTY FROM EDDIE AND
YVONNE ODOM: Adopt a resolution authorizing City acquisition
of a lot on S. W. 6th Avenue from Eddie and Yvonne L. Odom, as
part of the State Housing Incentive Program (SHIP).
/E. COST SHARING AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT:
Authorize application to the South Florida Water Management
District for 50% cost sharing of various drainage projects
within the City..
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City Commission
Regular Meeting
04/19/94
F. / FINAL PAYMENT/FOWLER ENERGY SYSTEMS. INC.: Approve final
payment in the amount of $7,375 to Fowler Energy Systems, Inc.
for completion of reroofing projects at the Pompey Park, Beach
Patrol and Community Center facilities, with funding f rom the
General Construction Fund, Renewal and Replacement (Account No.
334-6112-519-62.10).
G. / CHANGE ORDER NO. 2 & FINAL PAYMENT/BEST ELECTRICAL EXPERTS.
INC. : Approve final payment to Best Electrical Experts, Inc.
in the amount of $12,968.15 for completion of Tennis Center
Phase II. Funding source is the General Construction Fund,
Tennis Center (Account No. 334-4145-572-63.42).
H. ./ SERVICE AUTHORIZATION NO. 8/HELLER. WEAVER AND CATO. INC. :
Approve Service Authorization to Heller, Weaver and Cato, Inc.
in the amount of $18,458.62 for the redesign of Lake Ida Road
(landscaped median from Swinton Avenue to Congress Avenue) ,
with funding from the General Construction Fund - East Lake Ida
Beautification (Account No. 334-4144-572-63.31).
I./ FINAL PAYMENT/PALM BEACH COUNTY: Approve final payment to Palm
Beach County in the amount of $29,542.12 for completion of the
Linton Boulevard 24" raw water main project, with funding from
Water and Sewer Transmission Lines - Water Mains (Account No.
441-5181-536-63.50).
J/ WATER MAIN EASEMENT DEED/DRUG ABUSE FOUNDATION OF PALM BEACH
COUNTY: Accept a 10' water main easement deed from the Drug
Abuse Foundation of Palm Beach County, Inc. for installation of
an 8" water main from Old Dixie Highway to Federal Highway.
K./ FINAL PAYMENT/SERVICE AUTHORIZATION NO. 7/GEE & JENSON:
Approve Final Payment/Service Authorization No. 7 in the amount
of $1,120 to Gee & Jenson for pre-hurricane analysis of City
facilities, with funding from the General Construction Fund
Renewal and Replacement - Buildings (Account No.
334-6112-519-62.10).
L/ SERVICE AUTHORIZATION NO. 9/GEE & JENSON: Approve Service
Authorization No. 9 in the amount of $61,300 to Gee & Jenson
for consulting services related to Pompey Park Pool and Bath
House. Funding source is the General Construction Fund, Pompey
Park Pool (Account No. 334-4170-572-63.45).
M.-/ SERVICE AUTHORIZATION NO. 10/GEE & JENSON: Approve Service
g.~,A.A. Authorization No. 10 in the amount of $8,250.00 to Gee & Jenson
for consulting services related to the design and installation
of hurricane shutters for the north wing of City Hall, with
funding from the General Construction Fund, Building (Account
No. 334-6111-519-62.10).
N. PAYING AGENT & REGISTRAR CONTRACT/1991 WATER & SEWER REVENUE
v' BOND ISSUE: Approve Paying Agent/Registrar services contract
agreement with Comerica Bank and Trust, relative to the 1991
Water and Sewer Bond Issue.
O. ./ TEMPORARY USE PERMIT/600 BLOCK ASSOCIATION: Approve a
Temporary Use Permit for the 600 Block Association fundraising
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City Commission
Regular Meeting
04/19/94
event Saturday, May 7 from 10:00 a.m. to 7:00 p.m. in the 600
block of West Atlantic Avenue.
P. ~. CARNIVAL PROPOSAL/PROJECT GRADUATION: Approve a site for the
~.~. Project Graduation carnival to be held from April 27 to May 1,
q ~. 1994, with approval contingent upon submittal of property owner
. approval, certificate of liability insurance, and site plan
layout.
9. Regular Agenda:
.;"'A. CONDITIONAL USE/LITTLE LEE DAY CARE CENTER: Consider
Conditional Use request from the Little Lee Christian Academy
to establish a child day care center at 206 S.W. 13th Avenue.
vB. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
vC. ANNEXATION AGREEMENTS/NORTH FEDERAL HIGHWAY PROPERTIES:
Consider two annexation agreements for properties at 2399 and
2613 North Federal Highway.
v'D. PALM BEACH COUNTY FUTURE LAND USE MAP AMENDMENT 94-1: Review
and formal comment to Palm Beach County on proposed amendment
to the County's Future Land Use Map.
vIE . THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
J. CHANGE ORDER NO. 3/AMERICAN LIGHTING & MAINTENANCE. INC. :
Approve Change Order No. 3 in the add amount of $3,597.95 for
the installation of 227 irrigation heads within swale areas of
the Swinton Avenue Beautification Project, with funding from
the Decade of Excellence Fund (Account No. 228-4141-572-61.48).
vt: CHANGE ORDER NO. 4/AMERICAN LIGHTING & MAINTENANCE. INC. :
Approve Change Order No. 4 in the contract decrease amount of
$871.50 to American Lighting & Maintenance, Inc. , Decade of
Excellence - Swinton Avenue Beautification (Account No.
228-4141-572-61.48).
At. CHANGE ORDER NO. S/AMERICAN LIGHTING & MAINTENANCE. INC. :
Approve Change Order No. 5 in the add amount of $15,657.00 and
increase in the contract time of 30 calendar days, to American
Lighting & Maintenance, Inc. for the construction of 21
concrete driveways on North Swinton Avenue. Funding source in
the amount of $6,000 is from the Decade of Excellence - Phase I
(Account No. 225-4141-572-61.48), and $9,657 from the Decade of
Excellence Swinton Avenue Beautification (Account No.
228-4141-572-61.48).
vI. CHANGE ORDER NO. 6/AMERICAN LIGHTING & MAINTENANCE. INC. :
Approve Change Order No. 6 in the amount of $68,950.25 to
American Lighting & Maintenance, Inc. contract for the
construction of Pioneer Park as part of the Swinton Avenue
Beautification Project. Funding is available from several
sources which include 228-3162-541-61.90, 441-5161-536-63.20,
and 115-0000-248-68.00. This will require a budget transfer in
the amount of . $15,000 from Capital - Other Improvements
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City Commission
Regular Meeting
04/19/94
(Account No. 441-5161-536-63.90) to Capital - Landscape/
Beautification (Account No. 441-5161-536-63.20) .
va. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a member to
the Code Enforcement Board - Architect, to a term ending
January 14, 1995.
~. APPOINTMENT TO THE PARKING MANAGEMENT TEAM: Approve Anne
Bright as the Downtown Development Authority's representative
on the Parking Management Team.
L. FINAL PLAT/HANCOCK SUBDIVISION: Consider approval of the final
plat for the Hancock Subdivision, a proposed two lot
subdivision located at 622 North Ocean Boulevard (State Road
AlA), pursuant to LOR Section 2.4.5(K), Minor Subdivisions.
,flt. REOUEST PUBLIC INFORMATION COMPUTER NETWORK/FREDDA WEINBERG:
Consider establishment of a Public Information computer network
connecting City, Chamber of Commerce, Community Redevelopment
Agency and other City service clubs.
/M. ""et Aooenoum
10. Public Hearings:
JA. SALE OF CITY OWNED PROPERTY/EAST ATLANTIC PROPERTIES. LTD. :
Authorize the City to sell to East Atlantic Properties, Ltd. ,
City-owned property located at 137 N.W. 1st Avenue; i. e. , the
north 1 foot of the South 4 feet of Lot 2, Block 59.
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:
V' A. ORDINANCE NO. 23-94: LOR amendment creating Section 2.4.5(M)
Special Uses regarding non-conforming uses.
vB. ORDINANCE NO. 24-94: LOR Amendment regarding nonconforming
uses, amending Section 1.3.4 (Repair and Maintenance).
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C. ORDINANCE NO. 25-94: An ordinance permitting the City to
prequalify bidders for construction projects.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 19, 1994 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
9.N. ANNEXATION AND DEVELOPMENT AGREEMENT WITH DRIVE-IN THEATERS
OF FLORIDA, INC. (DELRAY SWAP SHOP) : Consider the
Annexation and DevelDpment Agreement with Drive-In Theaters
of Florida, Inc. for property located at 2001 North Federal
Highway.
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CITY DF DELRAY BEAEH
DElRA Y BEACH
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AII.America City
'~III! PROCLAMA TIO:\,'
jqq1
WHEREAS, the State of Israel is the homeland of
the Jewish people, as well as a Holy land to the Christian
and Muslim communit,-ies; and,
C!o,e.c'i.C:~
WHEREAS, Israel has for the last 46 years remained
the United States' most dependable ally in a region of the
world dominated by totalitarian regimes; and,
WHEREAS, the State of Israel rests on the
foundations of democracy, liberty, justice and peace; and,
WHEREAS, the Annual Israel Independence Day
celebration, sponsored by the South Palm Beaoh County Jewilh
Federation, local Synagogues and organizations serving Boca
Raton, Delray Beach and Highland Beach, will be held on
May 1, 1994, beginning at 1:00 P.M. , on the Richard and
Carole Siemens Jewish Campusj and,
WHEREAS, the City Commission of the City of Delray
!:leach, f'lorida, wi:5he:5 to join with re:5ident:5 throughout
South Palm Beach County in commemorating this important
occasion.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on beha If of the City
Commission, do hereby proclaim May 1, 1994, as
ISRAEL INDEPENDENCE DAY
in the City of Delray Beach and urge all citizens to join in
the activities planned to commemorate the State of Israel's
independence.
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 19th day of April, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
~ ~
T...""""': t:~r:-'-'C'T !i,1 '~I~V~. f\O ~TTt=QS
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, ...f.t, 3/25/94 c: City Clerk
SOUTH PALM BEACH COUNTY
~1!n~EWISH FEDERATION --_._- -------.-
on the Richard and Carole Siemens Jewish Campus
. 9901 Donna Klein Boulevard, Boca Raton, Florida 33428-1788
___ Telephone: (407) 852-3100 · Fax: (407) 852-3150
1993.1994 Offic.rs
RichiHd l. Okonow.. Pre<>Hient
Alan HUlst Vice Presl(1ent RECk:JVED
Aaron H. Knopping, VICe President
Abner levine, Vice President
Richard Siemens, VICe President
Samuel Rothstein, Secret.ary MAR 2 5 1994
Marianne Bobick", Assistant Secretary March 24, 1994
Herbert Gimelslob, Treasurer
Jim Roblnwn, AssisL.1nl Treasurer
Allan B. Solomon, Immediate Past President CITY COMiv1!SSIOf\]
MarvIn lale, Pasl President
lntrrim hK'Ulivr Dire-cto,
Spencer Gellert
~rd of Dire-cton The Honorable Thomas Lynch
lerome Althf'imer 100 NW 1st Avenue
Sleven 1_ Asarch
Franlc:lin Bendmy Delray Beach, FL 33444
Rabbi Kenneth Brdnder
~~ph Brem..tn
Dr. Melvin R Clayman
Baron Dt"5nlck
KArola fpSIt"ln Dear Mayor Lynch,
Rabbi MUff<lY fZrlng
Bill For~t('r
AI Fraloif'f I would like to take this opportunity to invite you to present a proclamation from
N.ancy Cdl~'rt
Gerald Coldt'n
Albt>rt \.-\I. CUn.l your city at our annual Israel Independence celebration on Sunday, May 1, 1994
Shirley H. Could
David C H<l'" at 1:00 P.M. on the Richard and Carole Siemens Jewish Campus.
RabbI lpster ~ ierrln~
Leo HollandF'r
Lawrence B. JlH<:tn
fhomas R. Kapl<ln Israel Independence Day is our community-wide celebration of Israel's 46th year
Thomas O. KalZ
M<lfVln A. Kirsnel as an independent state. The excitement will include ongoing entertainment, a
Ronald J. Klpln
MarjOrie Lf?vy children's carnival, Israeli art, music, food and much more. We expect more
Mark A. levy
Richard D. levy than 3,000 people to participate in this event. In addition, we will again be
Henry M<H~u I j('-<j
Jerry Milgram collecting food for the less fortunate in our community. Last year, we donated
Charlolte Okonow
Barry Podol,ky more that 1000 pounds of food to the Daily Bread Food Bank.
Clarice Pr~sner
Ronald Reshefsky
Eleanore Rulon
Fran Sarshik: I am hopeful you can join us on May 1st. Israel Independence Day is always a
Roy Schwedel~n
Ralph Solomon
Shirley Solomon spectacular event! Please let me know as soon as possible if you are able to
Irving Ta)(eJ
Rabbi Bruce War!ohal participate. Please contact me if you have any questions at 852-3141.
Jerry Weinberg
S.au\ Weinberger
Jerollltc' WoJens
Frderoiltion/UJA C.il.mp.1ign '94 Sincerely, ji .j'J/'J'-/ )
Aaron H. KnoPPlng-, d.
General CampaIgn Chairman G?O D-t/J ''7ff---,(vY_.f{~. /, '- '
Della Rosenberg.,
Women's Division Chairman .JI-
Honorary Board M...m.rs
Jam~ B. 8aer" ROBIN S. LEVENSTON
Mal iOfle B aer
Florence A. Baumfltler DIRECTOR OF COMMUNITY RELA nONS
Gary Bermtein
Henry Brenner
Baron Colpman
Lester M. Entin
Adolph levIS
James Nobile. /Ir
Arnold Rosenthal
Berenice 5chankl'rman
Gladys Welnshank
Division Pr"id~nh
Leona 8rau~re,
/l.--\enorah House SOCIety
Eric W. Oe<:kmger., }ewish
Community FoundatIon
Julius Sank in., Ruth Rale5
Jewish Family Service
Dale f ilhaber', Adolph &
Rose levis Jewish
Community Center
Dorothy Llpsone, Jewish
ASSOCiation for Residential Care
Barbara Schuman., Donna Klein
Jewish Acar-lemy
. Board oj Dm:'ctors
"Pasl PresJ(lenl
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t01
SUBJECT: AGENDA ITEM i 8A - MEETING OF APRIL 19. 1994
RESOLUTION NO. 33-94/ABANDONMENT OF RIGHT-OF-WAY/ILENE
COURT
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DATE: APRIL 15, 1994
This is before the Commission to approve abandonment of Ilene Court
right-of-way to the Delray Estates Homeowners Association.
In April 1991 the Delray Estates Homeowners Association requested the
City close public right-of-way Ilene Court to through traffic because
of the drug trafficking and speeding in that area. A temporary
closure was approved, allowing staff to evaluate its effect on
trClffic circulCltion pCltt~rnc within D~lrClY ElctClt~c Clnd th~
surrounding area. No negative impacts were observed, and the
association was told it could pursue a permanent closure if it
wished. The association submitted a formal petition to abandon Ilene
Court in November, 1993.
Replacement easements are to be dedicated to accommodate utilities
and to provide for emergency access. All service providers have
indicated no objection to the abandonment. The homeowners
association will take over responsibility for maintenance of the
street.
Recommend approval of abandonment of Ilene Court right-of-way.
~-on ~
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER ('
~ I,
\ - .,
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THRU: DIANE DOMINGUEZ, DIRECTOR . ~( . ~~ !'~'^ ~U\(\<Jl z...
DEP;aTMENT 0 ~ING AND ZONING ~ ~
~ ' ~
FROM: 'STE~.
PLANNER
SUBJECT: MEETING OF APRIL 19, 1994
ABANDONMENT OF ILENE COURT RIGHT-OF-WAY
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
an abandonment of the Ilene Court right-of-way, located in
the Delray Estates subdivision. The subject property is
located on the west side of Congress Avenue, north of
Linton Boulevard.
This abandonment request is being processed pursuant to LDR
Section 2.4.6(0), Abandonment of Rights-of-Way.
BACKGROUND:
In April, 1991, the City received a request from the Delray
Estates Association to close one of the community's public
rights-of-way known as Ilene Court to through traffic onto
Congress Avenue. The basis for this request was to attempt to
stop certain undesirable activities (drug trafficking, speeding,
etc. ) in the Ilene Court area.
After initial traffic analysis was done, a temporary closure of
Ilene Court was approved. Delray Estates Association was
notified in December, 1991, that no negative impacts were
observed through the temporary closure of Ilene Court, and the
Association could pursue a permanent closure if it wished. The
Association submitted a formal petition to abandon Ilene Court
in November, 1993.
According to the survey submitted along with the abandonment
petition, there are currently water, sewer, and FPL facilities
within I lene Court. FPL, Environmental Services, and the Fire
Department have requested easements to accommodate existing
electric lines, water and sewer mains, and emergency access
throughout th& right-of-way. All other service providers have
indicated no objection to the abandonment.
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City Commission Documentation
Ilene Court Abandonment
Page 2
The street will be abandoned to the Association, who will take
over responsibility for its maintenance. As long as the
appropriate replacement easements are dedicated and public
access is maintained, there should be no remaining issues with
this abandonment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 21, 1994. Bill Alexander of the Delray Estates
Homeowners Association stated that improvements will be made at
the closure. He will be working with the Fire Department to
ensure that emergency access is available. The board
recommended approval of the abandonment request by a 5-0 vote.
RECOMMENDED ACTION:
By motion, approve the abandonment of the Ilene Court
right-of-way through the enactment of Resolution 33-94.
Attachment:
* Location Map, Reduced Survey, & Resolution 33-94
orICC-XLENE.DOC
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I RESOLUTION NO. 33-94
, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
, DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE
RIGHT-OF-WAY FOR ILENE COURT, AS SHOWN ON THE PLAT OF
! DELRAY ESTATES, AS RECORDED IN PLAT BOOK 29, PAGES
i 163 AND 164 OF THE PUBLIC RECORDS OF PALM BEACH
! COUNTY, FLORIDA, BUT RESERVING AND RETAINING TO THE
, CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF,
,
I AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Delray Estates Board of Directors is the fee-simp1
owner of Tract 1 and Tract 2 of the Delray Estates Subdivision, as per:
Plat thereof on file in the Office of the Clerk of the Circuit Court
in Plat Book 29, Pages 163 and 164, of the Public Records of Palm
Beach County, Florida; and
WHEREAS, Joseph A. Pare, as duly authorized Agent, has made
application for the abandonment of Ilene Court located within the Plat
of Delray Estates; and-
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interest of the City of Delray Beach to vacate and abandon said
right-of-way, but retaining and reserving to the City a utility
easement over the entire area thereof for the purpose emergency
access and constructing and/or maintaining either over under the
surface poles, wires, pipes, sewers, drains or other faci_ities used
for various public utilities whether owned by the City or private
corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate and
abandon all right and interest it holds to the following real
property, but retaining and reserving to the City of Delray Beach,
Florida, a utility easement over the entire area thereof for the
purpose of emergency access and constructing and/or maintaining either
over or under the surface poles, wires, pipes, sewers, drains or other
facilities used for various public utilities whether owned by the City
or private corporations. more particularly described as follows:
ILENE COURT PIGHT-OF-WAY
I Commence at the northeast corner of said Plat of
Delray Estates; thence South o degrees 12'10" East,
along the east line of said Plat, 141. 50 feet to a
.
.
point of curvature of a curve concave westerly with a
radius of 1,856.86 feet and a central angle of 3
; degrees 13'43"~ thence southerly, along the arc of
said curve, 104.63 feet to the north line of Ilene
Court and to a point on a curve concave southerly
with a radius of 289.54 feet, a central angle of 3
degrees 11'18" and a line to the radius point of said
curve bearing South 3 degrees 44'06" West~ thence
westerly, along the arc of said curve, 16.11 feet to
the point of beginning~ thence continue westerly,
along the arc of said curve and sub tending a central
angle of 8 degrees 26'15", 42.64 feet-to a point of
tangency~ thence South 82 degrees 06'33" West, along
the north line of Ilene Court, 172.75 feet to a point
on a curve concave easterly with a radius of 50.00
feet, a central angle of 300 degrees 00'00" and a
line to the radius point of said curve bearing South
52 degrees 06'33" West~ thence westerly, southerly
and easterly, along the arc of said curve, 261. 80
feet~ thence North 82 degrees 06'33" East, along the
south line of Ilene Court, 172.75 feet to a point of
curvature of a curve concave southerly with a radius
of 239.54 feet and a central angle of 6 degrees
37'30"~ thence easterly, along the arc of said curve,
27.70 feet~ thence North 8 degrees 28'41" East, 50.69
feet to the said point of beginning.
PASSED AND ADOPTED in regular session on this the 19th day
of April, 1994.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 33-94
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/ I ILENE COURT
[ITY DF DELRAY BEA[H
CITY AnORNEY'S OFFICE- zoo NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~~_r'. D~r_a~ L~n_
(407) 243-7090
MEMORANDUM
Date: April 15, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Resolution Authorizing Property Acquisition
S.W. 10th Street from Dixie Hiqhway to S.W. 4th Ave.
Approval of this resolution is required in order to proceed
with the acquisition of additional right-of-way for Southwest
10th Street between Dixie Highway to Southwest 4th Avenue. The
majority of the right-of-way acquisition will be along 10th
Street between 2nd Avenue and Dixie Highway. This resolution
authorizes the hiring of an appraiser and the filing of an
eminent domain proceeding if necessary.
Please call if you have any questions.
DNT: sk
cc: David Harden, Cit~nager
-~~,J.lU ] ff,iW "IRk'. Of:1~
Bill Greenwood, Director of Environmental Services
lOthst.dnt
t. emoufL) kom (!oI?Sb7i k /; E.cj t'1J1J u; Cf 0/ t:: E'j ,,/ /-Jte
GJ J...J:.511 0 n 'R R-/~ E..O R-~ h wh'f We... Wou..AcL hE.- doin9 ~6
eR5+ SEJ!..77011 0/ /0#1 She'C-t-Qj belo~f:.- Yi.L oS &jm en ql
b E-riw e E/) tv IH I A-<!6 /J,(;f ;; ~ 9t- t!.on9,C.E:.SS t.U~UE. /}ec.O ~~~
Y~ER-I-ce . em w/I/ /oo,t:. /nlo ~ REspono.
lhf:.. eEsolLL77on I howwoc) s/mpl'{ 1Jt.L#Jo,e/::2.lES f}(!.8t.t../s//-t'on
0/ YhE- llino 4.
~/3Ouf:D 5-0 85
[ITII OF DELRAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEAC;:H. FL2RIDA 33444
W~~t_~ . D ~_ct ~~n_
FACSIMILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: April 5, 1994
To: David Harden, City Manager ~
From: David N. Tolces, Assistant City Attorne
.,
Subject: Acquisition of Property for Road Widening of S.W.
10th Street at Swinton
Environmental Services has asked that our office commence
acquiring property for the above-named project. I am planning
to place a resolution on the April 19, 1994 Commission agenda
which would permit our office to obtain the necessary
appraisals and title work, and commence eminent domain
proceedings, if necessary.
Please call if you have any questions.
DNT: sh
cc: ~:~1I'JIW1- _J~"l.r"
Bill Greenwood, Director of Environmental Services
swlOthl.dnt
RECEIVED
J.j /" /'1 'f
CITY CLERK
.
RESOLUTION NO. 34-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
OF CERTAIN REAL PROPERTY, AS MORE PARTICULARLY
DESCRIBED HEREIN, FOR THE PUBLIC PURPOSE OF CON-
STRUCTING SOUTHWEST 10TH STREET FROM DIXIE HIGHWAY
TO SOUTHWEST 4TH AVENUE, FINDING THAT THE ACQUISI-
TION OF SAID PROPERTY IS REASONABLY NECESSARY FOR
THE CONSTRUCTION OF SOUTHWEST 10TH STREET, PROVIDING
THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE
NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN
THE SERVICES OF APPRAISERS, EXPERTS IN OTHER
DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY
ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Manager of the City of Delray Beach has
recommended the acquisition of certain real property to be utilized for
the construction of Southwest 10th Street from Dixie Highway to South-
west 4th Avenue;
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to construct said road; and
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property for the construction of Southwest 10th
Street from Dixie Highway to Southwest 4th Avenue and related purposes
is a public necessity and essential to the interests of the residents of
the City of Delray Beach, Florida; and
WHEREAS, in order to accomplish the acquisition of the needed
property, it is necessary for the City Manager and City Attorney to take
legal action and to employ real estate appraisers, experts in other
disciplines and private counsel to assist the City Attorney in this
matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals of
the value of the property hereinafter described for the purpose of
acquiring said property.
.
Section 3. The City Attorney is authorized and directed t
proceed to take all necessary steps, including the hiring of appraisers
accountants, and experts in other disciplines whom the City Attorne
deems are necessary for the adequate and complete representation of th
I City in this matter, in order for the City of Delray Beach to acquire i
its own name by donation, purchase or eminent domain proceedings to th
property, as more particularly legally described as follows:
See Attached Exhibits "A - F"
The City Attorney is further authorized to have prepared in the name of
the City of Delray Beach all papers, pleadings and other instruments
required for that purpose and to see that all eminent domain proceedings
are prosecuted to judgment. The City Attorney is authorized to retain
outside counsel as independent counsel in this matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
fully accomplish the purposes hereinabove directed.
Section 5. This resolution shall take effect immediately upon
passage.
(JpA.I.';~ PASSED AND ADOPTED in regular
, 1994.
ATTEST:
(kNm'tlf"-kJ U;U /ln7fr
City Cle
lOthst.ord
2 Res. No. 34-94
.
EXHIBIT "A"
I THE NORTH 15 FEET OF LOTS 5 AND 6 OF SOUTHERN PINES SUB-
I DIVISION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS PER PLAT
I THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT
BOOK 4, PAGE 60.
3 Res. No. 34-94
.
EXHIBIT "B"
I A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: ( PER 0 . R. B .
4294, PG. 0442)
THE WEST 100 FEET OF THE EAST 387.74 FEET OF THE NORTH 120.9
FEET OF THE EAST HALF OF LOT 13, OF THE SUBDIVISION OF SECTION
20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 1, AT PAGE 4, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
ALSO KNOWN AS: LOTS 7 AND 8, "SOUTHERN PINES", ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF LOTS 7 AND 8, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 8, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND RUN ON AN ASSUMED BEARING OF S89054' 18"E ALONG THE NORTH
LINE OF SAID LOT 8 AND ALONG THE NORTH LINE OF SAID LOT 7, FOR
A DISTANCE OF 100.00 FEET; THENCE S00036'42"W ALONG THE EAST
LINE OF SAID LOT 7 FOR 10.00 FEET; THENCE N89054'18"W ALONG A
LINE PARALLEL WITH AND 10.00 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF LOTS 7 AND 8 FOR A DISTANCE
OF 100.00 FEET; THENCE N00036'42"E ALONG THE WEST LINE OF LOT
8, FOR 10.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 0.0230 ACRE, OR 1,000 SQUARE FEET MORE OR LESS.
4 Res. No. 34-94
.
EXHIBIT "C"
I A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: ( PER O. R. B .
3749 PG. 0237)
THE WEST 173.00 FEET OF THE SOUTHEAST QUARTER (SE1/4) OF LOT
12, OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA; (ALSO DESCRIBED AS THE
WEST 173.00 FEET OF THE SOUTH HALF (Sl/2) OF THE SOUTHEAST
QUARTER (SE1/4) OF THE SOUTHEAST (SE1/4) OF THE NORTHEAST
QUARTER (NE1/4) OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, ) ACCORDING TO THE PLAT
THEREOF ON FILE IN THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 4, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, OF THE SUBDIVISION
OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND RUN ON AN
ASSUMED BEARING OF N89054' 18"W ALONG THE SOUTH LINE OF SAID
LOT 12 FOR A DISTANCE OF 662.66 FEET; THENCE NOOo37'08"E ALONG
THE WEST LINE OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID LOT
12 FOR A DISTANCE OF 25.00 FEET TO HE POINT OF BEGINNING;
THENCE CONTINUE NOOo37'08"E ALONG SAID WEST LINE FOR A
DISTANCE OF 10.00 FEET; THENCE S89054'18"E ALONG A LINE
PARALLEL WITH AND 35.00 FEET NORTH OF AS MEASURED AT RIGHT
ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE OF
173.01 FEET; THENCE SOO 0 37 ' 08" W ALONG THE EAST LINE OF THE
WEST 173.00 FEET OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID
LOT 12 FOR A DISTANCE OF 10.00 FEET; THENCE N89054'18"W ALONG
A LINE PARALLEL WITH AND 25.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE
OF 173.01 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.0397 ACRE, OR 1,730 SQUARE FEET MORE OR LESS.
5 Res. No. 34-94
.
EXHIBIT "D"
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: ( PER 0 . R. B.
3474 PG. 1848)
THE SOUTHEAST QUARTER (SEl/4) OF LOT 12, OF THE SUBDIVISION OF
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA; ALSO DESCRIBED AS THE SOUTH HALF (SI/2) OF
THE SOUTHEAST QUARTER (SEl/4) OF THE SOUTHEAST (SEl/4) OF THE
NORTHEAST QUARTER (NEl/4) OF SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, OF THE SUBDIVISION
OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND RUN ON AN
ASSUMED BEARING OF N89054' 18"W ALONG THE SOUTH LINE OF SAID
LOT 12 FOR A DISTANCE OF 15.00 FEET; THENCE NOOo39'52"E ALONG
A LINE PARALLEL WITH AND 15.00 FEET WEST OF AS MEASURED AT
RIGHT ANGLES TO THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING. THENCE N89054'18"W ALONG
A LINE PARALLEL WITH AND 25.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE
OF 475.16 FEET; THENCE NOOo37'08"E ALONG THE EAST LINE OF THE
WEST 173.00 FEET OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID
LOT 12 FOR A DISTANCE OF 10.00 FEET; THENCE S89054'18"E ALONG
A LINE PARALLEL WITH AND 35.00 FEET NORTH OF AS MEASURED AT
RIGHT ANGLES TO THE SAID SOUTH LINE OF LOT 12 FOR A DISTANCE
OF 430.52 FEET; THENCE N45022'47"E FOR 49.25 FEET; THENCE
NOoo39'52"E ALONG A LINE PARALLEL WITH AND 25.00 FEET WEST OF
AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID LOT 12
FOR A DISTANCE OF 261.34 FEET; THENCE S89 0 54' 17 "E ALONG THE
NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF SAID LOT 12
FOR A DISTANCE OF 10.00 FEET; THENCE SOoo39'52"W ALONG A LINE
PARALLEL WITH AND 15.00 FEET WEST OF AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF
306.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.1908 ACRE, OR 8,312 SQUARE FEET MORE OR LESS.
6 Res. No. 34-94
.
.
I EXHIBIT "E"
I
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: ( PER 0 . R. B.
2314 PG.900)
THE WEST 100 FEET OF THE EAST 487.74 FEET OF THE NORTH 120.9
FEET OF LOT 13, OF THE SUBDIVISION OF SECTION 20, TOWNSHIP 46
SOUTH, RANGE 43 EAST, LYING AND BEING IN PALM BEACH COUNTY,
FLORIDA, LESS THE NORTH 25 FEET FOR ROAD RIGHT OF WAY.
ALSO KNOWN AS: LOTS 9 AND 10, "SOUTHERN PINES", ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 60 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF LOTS 9 AND 10, "SOUTHERN PINES" ,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 10, "SOUTHERN PINES",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4 AT
PAGE 60 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND RUN ON AN ASSUMED BEARING OF S89054' 18"E ALONG THE NORTH
LINE OF SAID LOT 10 AND ALONG THE NORTH LINE OF SAID LOT 9,
FOR A DISTANCE OF 100.00 FEET; THENCE S00036' 42"W ALONG THE
EAST LINE OF SAID LOT 9 FOR 10.00 FEET; THENCE N89054'18"W
ALONG A LINE PARALLEL WITH AND 10.00 FEET SOUTH OF AS MEASURED
AT RIGHT ANGLES TO THE NORTH LINE OF LOTS 9 AND 10 FOR A
DISTANCE OF 100.00 FEET; THENCE NOO036'42"E ALONG THE WEST
LINE OF LOT 10 FOR 10.00 FEET TO THE POINT OF BEGINNING
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 0.0230 ACRE, OR 1,000 SQUARE FEET MORE OR LESS.
7 Res. No. 34-94
.
EXHIBIT "F"
A PORTION OF THE SOUTHWEST ONE-QUARTER (SW1/4) OF LOT 4, OF
THE SUBDIVISION OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43
EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT
PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 4, OF THE SUBDIVISION
OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 4 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND RUN ON AN
ASSUMED BEARING OF S89054' 08"E ALONG THE SOUTH LINE OF SAID
LOT 4 FOR A DISTANCE OF 33.00 FEET; THENCE N00039'52"E ALONG A
LINE PARALLEL WITH AND 33.00 FEET EAST OF AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE OF SAID LOT 4 FOR A DISTANCE OF 25.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NOO039'52"E
ALONG SAID PARALLEL LINE A DISTANCE OF 50.35 FEET; THENCE
S44037'08"E FOR 49.74 FEET; THENCE S89054'08"E ALONG A LINE
PARALLEL WITH AND 40.00 FEET NORTH OF AS MEASURED AT RIGHT
ANGELS TO THE SAID SOUTH LINE OF LOT 4 FOR A DISTANCE OF 3.35
FEET; THENCE S08025' 33"W ALONG THE WESTERLY LINE OF THE 100
FOOT FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY FOR A DISTANCE OF
15.16 FEET; THENCE N89054'08"W ALONG A LINE PARALLEL WITH AND
25.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SAID
SOUTH LINE OF LOT 4 FOR A DISTANCE OF 36.65 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA
CONTAINING 0.0273 ACRE, OR 1,190 SQUARE FEET MORE OR LESS.
8 Res. No. 34-94
.
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CITY OF DElRAY BEA[H
~lTY ATTORNEY'S OFFICE " ,. .' _ : .'.-\1 :j~'_;'\\.. :1. FLC)i<~lJ.\ _'.~~~~
Wr~t_r.. D~r_ct L~n_
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(407) 243-7090
MEMORANDUM
Date: April 7, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Resolution Authorizing City Acquisition of Property
From Herbert and Carrie Younq
Approval of this resolution will authorize the City to acquire
a lot on S.W. 6th Avenue. The purchase price is $9,500.00 less
any unpaid liens or taxes. The property will be used to
construct affordable housing as part of the State Housing
Incentive Program ("SHIP").
Please call if you have any questions.
DNT:sh
Attachment
cc: ~td H8~r.C1t.y Manager
Lula Butler, Director of Community Improvement
Regenia Scott, Neighborhood Program Specialist
odom-2.dnt
CppuJ-u<<l en a~S-
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RESOLUTION NO. 35-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain vacant property located on S.W. 6th Avenue to provide
for housing pursuant to the State Housing Initiative Program ("SHIP") ;
and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Herbert L.
and Carrie B. Young, as Sellers, land to provide for affordable
housing opportunities for low income individuals, for the purchase
price of Nine Thousand Five Hundred and 00/100 Dollars ($9,500.00) ,
and other good and valuable consideration; said parcel being more
particularly described as follows:
Lot 3, Block 22, Subdivision of North 1/2 of Block
22, Town of Linton, according to the Plat thereof on
file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in
Plat Book 10, Page 38.
Section 2. That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall be
borne by the City of Delray Beach, Florida.
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 Sellers as hereinabove named are
incorporated herein.
.
--~.._-. .~---_. . .-". - ~.~-- --. _._0_- _~.
, - ----. -, .- . ---
PASSED AND ADOPTED in regular session on this the 19th day i
of April, 1994.
~~
ATTEST:
(1,;"n '/!JJ( jl" JiJ, !!n;i;y
City C rk
- 2 - Res. No. 35-94
.
CONTRACT FOR SALE AND PURCHASE
HERBERT L. YOUNG and CARRIE B. YOUNG, ("Seller"), of
Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Buyer"), hereby agree that the Seller
shall sell and the Buyer shall buy the following real property
( "Real Property") upon the following terms and conditions:
I. DESCRIPTION:
Lot 3, Block 22, Subdivision of North 1/2 of Block 22,
Township of Linton, according to the plat thereof on file
in the office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 10, Page
38.
II. PURCHASE PRICE . . . . . . . . . . . . . . . .$9,500.00
less any unpaid liens or taxes.
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 April
30, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before May 31,
1994, 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 71 feet
in width as to the side lines, unless otherwise specified
herein) ; 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, bit of 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 dis-
closed pursuant to. Standard D. Seller agre~s to deliver
.
occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of 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, 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 deter-
mined according to applicable title standards adopted by
authori ty 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 unmarket-
able, 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 unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: 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. Inaress and Earess: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
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sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. 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 specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. 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, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of 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 Buyer.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six (6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Buyer 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 statements.
I. Expense.: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated th~ough day before closing. Buyer shall have
-3-
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.
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount,homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, 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.
L. 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, having inspections made of those items by an appropri-
ately 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 stan-
dards 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 purchas~ price for such repairs or replacements by
-4-
.
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 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
compliance 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. 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 disburse-
ment, 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 accounting for any items previously
delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S. (1987),
as amended. Any suit between Buyer and Seller where Agent is
made a party because of acting as Agent hereunder, or in any
suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and
costs incurred with the fees and costs to be charged and
assessed as court costs in favor of the prevailing party.
Parties agree that Agent shall not be liable to any party or
person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach
of contract or gross. negligence of Agent.
-5-
0
.
Q. 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 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 elect
to receive the return of Buyer's deposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
P. Agreement Not Recordable; Persons Bound; Notice:
Neither this agreeme~t nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure to
the benefit of the parties and their successors in interest.
Whenever the context 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 Aqreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
S. Warranties: Seller warrants that there are no
facts known to Seller materially 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 of
BY:~ By:
Thomas
~.&-t Carrie B. Young
BY:~ /;'Lf (U~
City Clerk
~~-Lrm:
~City Attorney -6-
.
State of f)oe\ vA-
County of ?A)m a 8" Ack
The foregoing instrument was acknowledged before me this
m~ch ~ 0, , qq <J (date) by CAeRl~ Y oun~ ,....
We R.-beeT
lj Dun j (name of person
acknowledging), who is perSOnrllY known to me or who has
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produced e \ J -u'-( . t!. Q-nS'-e. \f 5:2(1 33~ If SII (, (type of
identification) as identification.
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Signature Notary Public-
State ~rida
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t71
[ITY DF DElAAY BEA[H
CITY ATTORNEY'S OFFICE '. . '. .l" ~ I. -.. ;. .-'" .: ~~'~t~~\~~' ~'~'~;~~~-~~L~.1.n.
: \ .,,'. : : I.I - " , , - "
(407) 243-7090
MEMORANDUM
Date: April 7, 1994
To: City Commission Assistant City Attorne~
From: David N. Tolces,
Subject: Resolution Authorizing City Acquisition of Property
From Yvonne and Eddie adorn
Approval of this resolution will authorize the City to acquire
a lot on s.w. 6th Avenue. The purchase price is $9,500.00 less
any unpaid liens or taxes. The property will be used to
construct affordable housing as part of the State Housing
Incentive Program ("SHIP").
Please call if you have any questions.
DNT: sh
Attachment
cc: aav:;lolla~,..AUty, Manager
Lula Butler, Director of Community Improvement
Regenia Scott, Neighborhood Program Specialist
odom-2.dnt
80
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- ._-~ . -' .., .~--~ ._,- _. ~~.
-'-'~-'-_.'-'- -- -",' _._~_._---".__..~---- ... -'y.~---~'~'-'-'-.__._---- '---.-.'-
RESOLUTION NO. 36-94 I
i
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of De1ray Beach, Florida, wishes to
acquire certain vacant property located on S.W. 6th Avenue to provide
for housing pursuant to the State Housing Initiative Program ( " S HI P") ;
and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of De1ray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of De1ray
Beach, Florida, to purchase said property for the purpose described i
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of De1ray
Beach, Florida, as Buyer, hereby agrees to purchase from Eddie and
Yvonne L. Odom, as Sellers, land to provide for affordable housing
opportunities for low income individuals, for the purchase price of
Nine Thousand Five Hundred and 00/100 Dollars ($9,500.00) , and other
good and valuable consideration; said parcel being more particularly
described as follows:
Lot 2, Block 22, Subdivision of North 1/4 of Block
22, Town of Linton, according to the Plat thereof on
file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in
Plat Book 10, Page 38.
"
: Section 2. That the costs of closing and transactions,
i title insurance, document preparation and attorney's fees shall be
, borne by the City of Delray Beach, Florida.
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 Sellers as hereinabove named are
incorporated herein.
i
.
-'~"'--~".,_- ',--,- -, -, ,,-
PASSED AND ADOPTED in regular session on this the 19th day
of April, 1994.
~~~ :
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ATTEST:
(}LJlmY7J!..c /I" (~ 1/r;7Ay
City C erk
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I - 2 - Res. No. 36-94
I
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1
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CONTRACT FOR SALE AND PURCHASE
EDDIE ODOM and YVONNE L. ODOM, ("Seller"), of Delray
Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Buyer"), hereby agree that the Seller shall sell
and the Buyer shall buy the following real property ("Real
Property" ) upon the following terms and conditions:
I. DESCRIPTION:
Lot 2, Block 22, Subdivision of North 1/4 of Block 22,
Town of Linton, according to the plat thereof on file in
the office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 10, Page
38.
II. PURCHASE PRICE . . . . . . . . . . . . . . . .$9,500.00
less any unpaid liens or taxes.
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 April
30, 1994. The date of this Contract ("Effective Date") will be
the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the
deed and other closing papers delivered on or before May 31,
1994, 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 i
feet in width as to the side lines, unless otherwise specified
herein) ; 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, bit of 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 dis-
closed pursuant to. Standard D. Seller agrees to deliver
.
occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in
their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of 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, 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 deter-
mined according to applicable title standards adopted by
authori ty 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 unmarket-
able, 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 unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits.
B. Survey: 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. Inqreee and Eqreee: Seller warrants and repre-
sents that there is ingress and egress to the real property
-2-
.
sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. 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 specifying
the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If
Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within
that time period in the form of a Seller's affidavit, and Buyer
may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original
leases to Buyer.
E. 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, subcon-
tractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been
paid or will be paid at closing.
F. Place of 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 Buyer.
G. Time: Time is of the essence of this agreement.
Time periods herein of less than six (6 ) days shall in the
computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to
5:00 p.m. of the next business day.
H. Documents for Closing: Buyer 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 statements.
r. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
J. Proration.; credit.: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of property
shall be prorated through day before closing. Buyer shall have
-3-
.
the option to taking over any existing policies of insurance,
if assumable, in which event premiums shall be prorated. Cash
at closing shall be increased or decreased as may be required
by prorations. Prorations will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance
made for maximum allowable discount,homestead and other
exemptions. If closing occurs at a date when the current
year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment
and the prior year's milage. If current year's assessment is
not available, then taxes will be prorated on the prior year's
tax. If there are completed improvements on real property by
January 1st of year of closing which improvements were not in
existence on January 1st of the prior year then taxes shall be
prorated based upon the prior year's milage and at an equitable
assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate may, at
request of either Buyer or Seller, be subsequently readjusted
upon receipt of tax bill on condition that a statement to that
effect is in the closing statement.
K. Special Assessment Liens: Certified, 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.
L. 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, having inspections made of those items by an appropri-
ately 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 stan-
dards 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
-4-
.
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 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
compliance 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. 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 disburse-
ment, 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 accounting for any items previously
delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S. (1987),
as amended. Any suit between Buyer and Seller where Agent is
made a party because of acting as Agent hereunder, or in any
. suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and
costs incurred with the fees and costs to be charged and
assessed as court costs in favor of the prevailing party.
Parties agree that Agent shall not be liable to any party or
person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach
of contract or gross. negligence of Agent.
-5-
.
O. 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 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 elect
to receive the return of Buyer's deposit(s) without thereby
waiving any action for damages resulting from Seller's breach.
P. Agreement 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 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.
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 Agreements: No prior or present agree-
ments or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in
this Contract shall be valid or binding upon the parties unless
in writing and executed by the party or parties intended to be
bound by it.
S. Warranties: Seller warrants that there are no
facts known to Seller materially affecting the value of the
real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
Eddie :m _~ ~
BY:~ ~n_
Y
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-6-
.
State of ~
County of Lrn Becc}+
The foregoing instrument was acknowledged before me this
m~ch ~ lJ*' , (('Ill (date) by ~VD()n~ (0UC1V1 1-
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(name of person
acknowledging)" who is personally known to me or who has
produced 'DR., V ~R.S Lic€ns-e O.3'5&: q~ 4~~"t Do of
b.3~ dtJD~.3 0 (type
identification) as identification.
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-7-
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
fftOM: CITY MANAGEft ttr-'(
SUBJECT: AGENDA ITEM ~ gE - MEETING OF APRIL 19. 1994
COST SHARE AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT
DISTRICT
DATE: APRIL 15, 1994
This is before the Commission to approve submission of proposals to
The South Florida Water Management District FY 95 Stormwater
Management Partnership Program for 50% cost sharing of various
drainage projects within the City.
Possible drainage projects identified for cost sharing:
1. N.W. Drainage Area Phase II $175,000
2 . Seaorest Lane Drainage $ 25,000
3. Beverly Drive Drainage $ 63,000
4. N.E. 2nd Street Outfall $ 83,000
5. S.W. 1st Street and
S.W. 4th Ave. Drainage $ 60,000
6. Basin Drive and Nassau St.
(Bay Street) Pump Station $148,000
These projects must be submitted as proposals to SFWMD before 2:30
p.m. , May 11, 1994.
Recommend submission of proposals to the South Florida Water
Manaqement District
.
Agenda Item No.:
AGENDA REOUEST
Date: April 1L 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 19. 1994
Description of item (who, what, where, how much) : Reauest Citv Commission
approval to submit a proposal to the South Florida Water Manaaement District for
fundina UP to 50% of the total cost for various drainaae pro;ects. This is a
cost sharina tvpe arant with the Citv. These pro;ects are identified in the
Citv's Capital Improvement Budaet.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approval to submit proposals to the South Florida Water
Manaaement District for participation and enterina into the FY 95 Stormwater
Mana ement Partnershi Pro ram Coo erat've Cost Share A reements.
Department Head Signature:
Determination of consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: @/NO t~'l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG447408.MRM
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood ~-1
Director of Environmental servicesVU~~/~
DATE: April 11, 1994
SUBJECT: Agenda Request
FY 95 Stormwater Management Partnership Program
Cooperative Cost Share Agreements, C-6100
Attached is an agenda request to City commission requesting
approval to submit proposals to the South Florida Water
Management District (SFWMD) for cost sharing of various
drainage proj ects. The SFWMD is receiving proposals from
municipalities for a cooperative cost-share program in which
the district will fund up to 50% of the project cost for
drainage projects. The following is a list of possible
drainage projects staff has identified for cost sharing.
- N.W. Drainage Area Phase II ($175,000)
- Seacrest Lane Drainage ($25,000)
- Beverly Drive Drainage ($63,000)
- N.E. 2nd Street Outfall ($83,000)
- S.W. 1st Street and S.W. 4th Ave. Drainage ($60,000)
- Basin Drive and Nassau Street (Bay Street)
Pump station ($148,000)
Submittal of these projects must be made as proposals to
SFWMD before 2:30 p.m., May 11, 1993, for consideration for
funding. Attached is a copy of a sample agreement, which
must be entered into between the City and SFWMD upon
approval by SFWMD.
~:mm 0
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~447408.MRM . :\
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G46.100 .
::::.:.::;:;:;::.::::;.;.;::.:::::.:.::
Sample Cooperative Agreement
Between The
South Florida Water Management District
And
~~~~~~~j~~~~j~~~j1~~~1~~~~~1!1~~~~;1j1~1j~~j~j;1;~~1\1j1~1;~~j~1j1~j~1~1~j~1)1~j~~\~r;1~j~j;1jj~1~1jjjj~1j1~1\1~j~1irj;rj\1;1~j\1~j~1;1!1~1j1~1~~~~~j~~~1~j~~~~~1~1~r1~1~~
This AGREEMENT is entered into on , 19_, between "the Parties,"
the South Florida Water Management District, a public corporation of the State of Florida
(" h DIS1'RICT") d r::::::::;:::::::::::::::;:;:::;;:;:;;;;;::;::;:;:::::;;:;::;;:;;:;;;;;::::;::;:;::::;:;:;:;:;:;;;;;;;;:;:;:;:;:;:;:;:;::;;;:;:::;:;:;;;;:;;:;;;;:;:;:::;:;;:::;;;:::;:;:;:;;:;;:;;;;:) li . al bdi" f h
t e an : ................................................................................ a po tic su VISIon 0 t e
. ......~......., <::;::::::::::??::::::::::::::::;:::;:::;:\;:;:;:;:~:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:::;::::::;:::=:=::::??:::::;:::::::=:::::=::::::::::::::::::::::::::??.:'
State of Flonda PBlD Number lillt.;:.;::.;....':.;..;..;.:..;.:) ("the ENTITY")
, ~:){:.;.:;:.:;;:::~;::: :::~?:::::::::1:::::::::::\fir:::::::::;::::::::::~.,:, .
WITNESSETH THAT:
.
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the
Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes to include entering into contracts with public agencies, private corporations
or other persons; and
WHEREAS, the DISTRICT desires to provide funding to assist the ENTITY with L-
); and
WHEREAS, the DISTRICT has funds in its current fiscal year budget (1994-1995), which
are available for its funding of this AGREEMENT; and
WHEREAS, the ENTITY warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the tenns and conditions of this AGREEMENT; and
WHEREAS, the ENTITY has submitted a proposal in response to the DISTRICT'S
solicitation for such services by Request for Proposals opened on (
_); and
WHEREAS, the Governing Board of the DIS1'RICT, at its ,
199_ meeting, has authorized entering into this AGREEMENT with the ENTITY;
NOW TIIEREFORE, the DISTRICT and the ENTITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
Contract No. C-6100 - Page 1 of 9
.
and shall be sent to the following address:
.
South Florida Water Management District
Attn: Division of Procurement and Contract Administration
P. O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
The ENTITY should not submit invoices to any other address at the DISTRICT.
4.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant
to the schedule outlined in the Statement of Work, attached as Exhibit "A".
4.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days of
receipt and acceptance, provided the ENTITY has perfonned the work according to
the tenns and conditions of this AGREEMENT. However, failure by the ENTITY
to follow the foregoing instructions shall result in an unavoidable delay of payment
by the DISTRICT.
ARTICLE 5 - PROJECT MANAGEMENTINOTlCE .
5.1 The Project Manager for the DISTRICT is ( ), at (
), telephone ( ). The Project Manager for the
ENTITY is ( ), at ( ),
telephone ( ). The parties shall direct all matters arising in connection with
the perfonnance of this AGREEMENT, other than invoices and notices, to the
attention of the Project Managers for attempted resolution or action. The Project
Managers shall be responsible for overall coordination and oversight relating to the
perfonnance of this AGREEMENT.
5.2 All notices, demands, or other communications to the ENTITY under this
AGREEMENT shall be in writing and shall be deemed received if sent by certified
mail, return receipt requested, to:
( )
All notices to the DISTRICT under this AGREEMENT shall be in writing and sent
by certified mail to:
.
South Florida Water Management District
Attn: Division of Procurement and Contract Administration
3301 Gun Club Road
P. O. Box 24680
Contract No. C-6100 - Page 3 of 9
.
party fails to correct the deficiency within this time, this AGREEMENT shall
terminate at the expiration of the ten (10) day time period. .
7.2 Either party may terminate this AGREEMENT at any time for convenience upon
thirty (30) calendar days prior written notice to the other party. In the event of
termination, the DISTRICT shall compensate the ENTITY for all authorized work
performed through the termination date. The DISTRICT may withhold all payments
to the ENTITY for such work until such time as the DISTRICT determines the exact
amount due to the ENTITY.
7.3 If either party initiates legal action, including appeals, to enforce this
AGREEMENT, the prevailing party shall be entitled to recover a reasonable
attorney's fee, based upon the fair market value of the services provided.
7.4 In the event a dispute arises which the project managers cannot resolve between
themselves, the parties shall have the option to submit to nonbinding mediation. The
mediator or mediators shall be impartial, shall be selected by the parties, and the cost
of the mediation shall be borne equally by the parties. The mediation process shall
be confidential to the extent permitted by law.
ARTICLE 8 - RECORDS RETENTION/OWNERSHIP .
8.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and
audit rights as follows:
A. Maintenance of Records: The ENTITY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained and
made available for inspection for a period of five years from completing performance
and receiving final payment under this AGREEMENT.
B. Examination of Records: The DISTRICT or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this AGREEMENT. Such
examination may be made only within five years from the date of final payment
under this AGREEMENT and upon reasonable notice, time and place.
Records which relate to any litigation, appeals or settlements of claims arising from
performance under this AGREEMENT shall be made available until a. final
disposition has been made of such litigation, appeals or claims.
Contract No. C-6100 - Page 5 of 9
'.
.
seIVices for others.
10.2 The ENTITY shall not assign, delegate, or otherwise transfer its rights' and
obligations as set forth in this AGREEMENT without the prior written consent of
the DISTRICT. Any attempted assigmnent in violation of this provision shall be
void.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties
shall not be held liable for any failure or delay in the perfonnance of this
AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public
enemy, unusually severe weather, outbreak of war, restraint of Government, riots,
civil commotion, force majeure, act of God, or for any other cause of the same
character which is unavoidable through the exercise of due care and beyond the
control of the parties. Failure to perfonn shall be excused during the continuance of
such circumstances, but this AGREEMENT shall otherwise remain in effect. This
provision shall not apply if the "Statement of Work" of this AGREEMENT specifies
that perfonnance by ENTITY is specifically required during the occurrence of any
of the events herein mentioned.
11.2 The documents listed below, by this reference, shall become a part of this
AGREEMENT as though physically attached:
_...I~IIIIII]IIIIIII~r
11.3 In the event any provisions of this AGREEMENT shall conflict, or appear to
conflict, the AGREEMENT, including all exhibits, attachments and all documents
specifically incOlporated by reference, shall be inteIpreted as a whole to resolve any
inconsistency.
11.4 Failures or waivers to insist on strict perfonnance of any covenant, condition, or
provision of this AGREEMENT by the parties, their successors and assigns shall not
be deemed a waiver of any of its rights or remedies, nor shall it relieve the other
party from perfonning any subsequent obligations strictly in accordance with the
tenns of this AGREEMENT. No waiver shall be effective unless in writing and
signed by the party against whom enforcement is sought. Such waiver shall be
limited to provisions of this AGREEMENT specifically referred to therein and shall
not be deemed a waiver of any other provision. No waiver shall constitute a
continuing waiver unless the writing states otherwise.
11.5 Should any tenn or provision of this AGREEMENT be held, to any extent, invalid
or unenforceable, as against any person, entity or circumstance during the tenn
Contract No. C-6100 - Page 7 of 9
.
'.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
LEGAL FORM APPROVED
SFWMD OFFICE OF COUNSEL South Florida Water Management District, By Its
Governing Board
By:
DAlE:
By:
Assistant Executive Director
~::::::::~:~::::I:~::::::::::::::I:~:::::~:'::::::::::::::::::::::::::::::::::::::::::::::::::I:::::::::~:::::::::::::::::III::~:::::::::::::::~:::::~:::::~::::;~
By:
Title:
.
Contract No. C-6100 - Page 9 of 9
.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'lt/(
SUBJECT: AGENDA ITEM i '8F - MEETING OF APRIL 19. 1994
FINAL PAYMENT/FOWLER ENERGY SYSTEMS. INC.
DATE: APRIL 15, 1994
This is before the Commission to approve final payment in the amount
of $7,375 to Fowler Energy Systems, Inc. for completion of reroofing
projects at the Pompey Park, Beach Patrol and Community Center
facilities.
Recommend approval of final payment in the amount of $7,375 to Fowler
Energy Systems, Inc. , with funding from the General Construction
Fund, Renewal and Replacement (Account No. 334-6112-519-62.10).
.
Agenda Item No.
AGENDA REOUEST
Date: April 12, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much): Staff reauests
City commission aooroyal of final payment to the contract with
Fowler Energy Systems on the re-roofina oro;ects of pomoev Park.
Community Center and Beach Patrol Facility. The work has been
comoleted and reviewed by the consultina architect and staff. All
reauired oro;ect closeout documents have been received and are in
order. The total amount of this final oavment is for S 7.375.00.
Fundina is available from the General Construction Fund. Renewal
and Reolacement Account No. 334-6112-519-62.10
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reauests aooroval of final payment to Fowler
Ener S stems in the amount of
Department head signature:
Determination of Consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description '3Z4-b((Z-t;;FJ. &2 ~(O q/EN. Cof\Jt;l7Z. FlUVj)~ FC~e. l3L-D&6
Account Balance f ~I U1- ~~
City Manager Review: @/NO tJM
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9345\agreq419
'.
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Ralph E. Hayden ~
city Engineer
Date: April 12, 1994
Subject: Agenda Request
Final Payment to Fowler Energy Systems
Re-Roofing Pompey Park, community Center and Beach Patrol
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City commission approval of final payment to the
contract with Fowler Energy Systems for Miscellaneous Re-Roofing
projects, including Pompey Park, Community Center and Beach Patrol
Facility. The work is complete and has been reviewed by the
architect for compliance with the contract documents. All related
project closeout documents have been received and are acceptable.
Staff recommends approval of Final payment in the amount of
$7,375.00. Funding is available under the General Construction
Fund, Renewal and Replacement Account No. 334-6112-519-62.10.
cc: Jose Aguila
File: 93-45 (D)
\ESD\9345\finpay
.
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APPLICATION AND CERTIFICATE FOR PAYMENT
PX"o:i ~c:t. : Hlr~~/!pv.r ~A?~F'l,v6
Pt/}1P(7V eoH~AI~rY ~ ~ P~Ot- Application NOI f',~ 4 L-
To. CITY OF DELI~AY BEACH, ENVR. SERV OPT
Period ToI ~-q - '1tf
Attn. ..Jo">~ A'!>....\.... Contraot Date. I'tJ -1-93
Via . Architect'. Project 110.1 13 -901
CHANGE ORDERS APPROVED IN THIS PERIOD Application i. made for payment as shawn below.
NO. DATE ADDITIONS DEDUCTIONS The present status of the account for this Contract is as follows I
t ,
6-U~q3 11,]SO.eo -6- ORIGINAL CONTRACT SUM ........................... 70, b~5.t!I ()
I. I
13~ ~s?:>.oo lilT CHANGE BY CHANGE ORDERS ..................... -..:3/ I 375. /DO
11.2-3. q3 ~
z.. COlITRACT SUM m DATI ............................ - /t:J z...1 t!J"tJ.oo
Z-v~ .q'l b 815".f!)O -9- TOTAL CCH'LITID I SmMD TO DATE ................ - /(/].. otbO. 0 T:J
g, I
JlETAIRAOI.
10 . OP c:c:>>tPLBTBD WOJUt ............... --e-
mrAtt RftAIRAG:B ................................... - 737 S; a::>
TOTAL BAlumD LlSS RlTAIRAOI ..................... - q1; 685:00
CURRBNT. - TOTAL .PREVIOUS AMOUNTS CBRTIFIED' ................ - qt./, h85.oo
I'
roTAL FOR CURRBIT PAYMBRT DUB .................~........... - 1/375: 00
PREVIOUS
PERIODS. BALAMcI TO rIRISH PLUS RB~IIIAQE ................ - ~
TOTAL. - .8/, 3 "15': a:; ~ ClRrIPIED .......... i . . . . . . . . . . . . . . . . . . . .. . , , 3 15 c)2
CONTRACTOR'S APPLICATION FOR PAYMENT CERTIFIED BY
Signed: ~ .
By: .j-c,SeAS"d-
Date: 't-IU'~'f-
,....,.... MARIA'
..~\\'lI\l'iW.~. ,NARANJO
~'i!J'~ MY COMMISSION' CC 3431
;.~~ ~ i'fi EXPIRES: February 13, 1998
,.~,~~,..' ~~~~u NoI\uy PublIc UnderwrtlBrl
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (fJ/1
SUBJECT: AGENDA ITEM i 8G - MEETING OF APRIL 19. 1994
CHANGE ORDER NO. 2 & FINAL PAYMENT/BEST ELECTRICAL EXPERTS.
.lliC......
DATE: APRIL 15, 1994
This is before the Commission to approve Change Order No. 2 and Final
Payment to the contract with Best Electrical Experts, Inc. in the
amount of $12,968.15 for completion of Tennis Center Phase II. The
Change Order in the amount of $231.41 is for additional breakers to
comply with code requirements.
The work is complete and all related project closeout documents have
been received are are acceptable.
Recommend approval of Final payment to Best Electrical Experts, Inc.
in the amount of $12,968.15, with funding from the General
Construction Fund, Tennis Center (Account No. 334-4145-572-63.42).
.
I
Agenda Item No.
AGENDA REOUEST
Date: April 12, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much): Staff reauests
Citv Commission aoorove Chanae Order No.2 and Final Payment to the
contract with Best Electric for their work at the Tennis Center
Phase II oroiect. The work has been comoleted and is in comoliance
wi th the contract documents and ci tv reauirements. Change Order #2
is for additional code required breakers and reoresents an increase
of $231.41. Final oavment. including Chanae Order #2 is in the
amount of $ 12.968.15. Fundina is available in the aeneral
construction fund. tennis center account # 334-4145-572-63.42.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aoproval of Chanae Order #2 and
Final Payment to Best Electric in the amount of $12.968.15.
Department head Signature:~~ 4/13)<7 'f
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)
AccountNo. & DescriPtion;f-~VtS-S72 ,"-3~2- 'EN. CoN5fr<?-FLLAiD TENNts,..
Account Balance fJs: o2Q. , CtNffrSTltDlUIYl/
, HL
city Manager Review: ~
Approved for agenda: YE /NO 1~!
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9342\agend419
.
ENVIROHHENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Ralph E. Hayden ~
City Engineer
Date: April 12, 1994
Subject: Agenda Request
Change Order #2 & Final Payment to Best Electric
Delray Beach Tennis Center - Phase II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City commission approval of Change Order #2 and final
payment to the contract with Best Electric for work at the Tennis
Center - Phase II project. Change Order #2 is for additional
breakers required by the City inspector to comply with code
requirements. The work is complete and has been reviewed by the
architect for compliance with the contract documents. All related
project closeout documents have been received and are acceptable.
Staff recommends approval of Final payment to Best Electric in the
amount of $12,968.00 which includes $231.41 for Change Order #2.
Funding is available under the General Construction Fund, Tennis
Center Account No. 334-4145-572-63.42.
cc: Jose Aguila
File: 93-42 (D)
\ESD\9342\co2best
,
CITY OP DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2- Final PROJECT NO. 93-42 DATE:April 12. 1994
PROJECT TITLE: Delrav Beach Tennis Center - Phase II
TO CONTRACTOR: Best Electric
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS
AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK
ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: At the request of the Electrical Inspector, in
order to comply with required codes, the contractor was required to
provide and install additional breakers in order to receive a
certificate of occupancy, in time for the Virginia Slims
Tournament.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT S122.708.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED S 4.659.39
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER S127.367.39
COST OF CONSTRUCTION CHANGES THIS ORDER S 231.41
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER S127.598.80
PER CENT INCREASE THIS CHANGE ORDER 0.19 ,
TOTAL PER CENT INCREASE TO DATE --3.98--'
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS TO n/a
---- -- date
CERTIFIED STATEMENT:' I hereby certify that the supporting cost
data included is, in my considered opinion,
accurate; that the prices quoted are fair
and reasonable and in proper ratio to the
cost of the original work contracted for
under benefit competitive bidding.
BEST ELECTRIC DIGBY BRIDGES, MARSH ASSOCIATES
(seal) (seal)
TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
ATTEST:
APPROVED: By:
city Attorney City Clerk
\esd\9342\co2bestE
.
.
BEST ELECTRICAL EXPERTS, INC.
5080 SAN CASTLE BOULEVARD
LANTANA, FLORIDA 33462
Phone: 407-547-5707 Fax: 407-547-6407
February 21, 1994
Mr. Digby Bridges
Digby Bridges, Marsh & Associates, P.A.
124 N.E. 5th Avenue
Delray Beach, Florida 33444
RE: Delray Beach Tennis Centre/Consultant Project #93-02
Dear Mr. Bridges:
Best Electric was requested to submit pricing to install a one hundred amp
circuit breaker in Panel E. Electrical Plans show a three phase breaker in Panel E
and this breaker shall be a 100 amp single phase breaker per Code.
This breaker feeds the Power Pedestal at the grease trap location.
Breaker Cost $115.00
Sales Tax 6% $6.90
Fast Freight $35.00
Profit & Overhead @ .15 $23.53
Total Material Cost $180.43
Labor to install breaker 2 HRS @ 15.50 $31.00
Labor Burden @ .43 $13.33
Overhead and Profit @ .15 ~6.65
Total Cost of Labor $50.98
Total Cost of Material i1aQL43
TOTAL COST LABOR & MATERIAL $231.41
Should you have any questions please feel free to contact me.
Sincerely,
c!~~ /I~
James W. Harris
Vice President
.
,
"',
APPLICATION and CERTIPICATE for PAYMENT
TO: CITY OF DELRA Y BEACH PROJEC f: DELRA Y BEACH TENNIS APPLICA nON No.7
IJOONW 1ST AVENUE CENTRE PHASE II
DELRA Y BEACH, FL 33444
FROM: BEST ELECTRIC VIA (ARCIDTECT) DIGBY BRIDGES, MARSH PERIOD TO:
5080 SAN CASTLE BL YD. 04/12/94
LANTANA, FL 33462 CONTRACT DATE: 12/20/93 Page I of2
CONTRACT FOR : ELECTRICAl.
CONTRACTORS APPLICATION for PAYMENT
CHANGE ORDER SUMMARY
Deductions Application is made for Payment as shown below, in connection with the C
$ Continuation Sheets are attached ,
1. ORIGINAL CONTRACT SUM $122,708.00
I Feb 22 , 94 $4,659.39 $0.00 2. Net change by Change Order ~~~90.80
2 Feb22 , 94 $231.41 $0.00 3, CONTRACT SUM TO DATE $127,598.80
3
4 4. TOTAL COMPLETED & STORED TO DATE $127,598.80
5. RETAlNAGE $12,736.74
$4,890.80 $0.00 6. TOTAL EARNED LESS RETAINAGE $114,862.06
Net Change by Change Orders $4.890.80 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $114,630.65
The undersigned Contractor certifies that to the best 8. CURRENT PAYMENT DUE $12,968,15
of the Contra<:tor's knowledge, information and belief
the work covered by this Application for Payment 9, BALANCE TO FINISH PLUS RETAINAGE $0,00
as been completed in accordance with the Contract
Documents, and that all amounts have been paid by
the Contractor for Work for which previous Certif- State of Florida : County of: Palm Beach
icates for p-rment were issued and payments rec-
eived from the Owner, and that current payment Subscribed and sworn to me this 12th day of April 1994
shown herein is now due Notary Pnblic, 1fr.~ '
CONTRACTOR :
"UI,
$~,.r;;~... REATHA MARIE JONES
By: Date : 4/12/93 My Commission ex ~ ;*j MY COMMISSION' CC 25-4954
~~ -Ii EXPIRES: FebnleIy 21, 1997
-.R... IIOIIlltId lbru
-
ARCHITECT'S CERTIFICATE for PAYMENT
In accordance with the Contract Documents, based AMOUNT CERTIFIED.,........,.....................",.....,.".,......,.....,.,.........,.........,
on on-site observations and the data comprising the
above application, the Architect certifies to the Architect.....,............,..........,.,.,.....................,.....,..,.....,..,..,."..,.,..,........."..,..,. .
Owner that to the best of the Architect's knowledge Date :.,....................,..................,.........................,......,.".....,..,.......
information and belief the Work has progressed as This Certificate is not negotiable, The AMOUNT CERTIFIED is payable
indicated, the quality of the Work is in accordance only to the Contractor named herein. Issuance, payment and acceptance of
with the Contract Documents, and the Contractor is payment are without prejudice to any rights of the Owner or Contractor
entitled to payment of the AMOUNT CERTIFIED. under this Contract
,
'"
,
, .
Page 2 of 2 pages
iAPPLICATION AND CERTIFICATE FORPA YMENT, APPLICATION No :7
containing the Contractor's signed Certification is attached APPLICATION DATE : 04/12/94
In tabulations below, amounts are stated to the nearest dollar PERIOD TO: 04/12/94
A B C D E F G H I
WORK COMPLETED
TEM DESCRIPTION SCHEDULED FROM THIS MATERIALS TOTAL BALANCE
No, OF VALUE PREVIOUS PERIOD PRESENTLY COMPLETED % TO RETN'AOE
WORK APPLICT'N STORED TO DATE FINISH
1 ELEC. SWITCHGEAR 14,630 14,630 0 0 14,630 100 0 1,463.00
2 STAGE LTG. PANEL 11,568 11,568 0 0 11 ,568 100 0 1,156,80
3 STAGE LTG. OUTLETS 2,225 2,225 0 0 2,225 100 0 222.50
4 SPORTS LTG. FIXTURES 21,234 21,234 0 0 21,234 100 0 2,123.40
5 SPORTS LTG, POLES 11,548 11,548 0 0 11,548 100 0 1,154.80
6 SITE LTG. FIXTURES 3,744 3,744 0 0 3,744 100 0 374.40
7 FIRE ALARM SYSTEM 3,924 3,924 0 0 3,924 100 0 392.40
8 UG. CONDUIT SYSTEM 12,413 12,413 0 0 12,413 100 0 1,241.30
9 EQUIP. RENTAL 3,446 3,446 0 0 3,446 100 0 344.60
10 ELECTRICIAN'S LABOR 15,586 15,586 0 0 15,586 100 0 ] ,558.60
11 TRENCHING LABOR 8,400 8,400 0 0 8,400 100 0 840.00
12 ELEC. FEEDER WIRE 13,990 13,990 0 0 13,990 100 0 1,399.00
CHANGE ORDER #1 4,659.39 4,659,39 0 0 4,659.39 100 0 465,94
CHANGE ORDER #2 231.41 0,00 231.41 0 231.41 100 0 0,00
~
TOTALS 127,598.80 127,367 231.41 0 127.598.80 100 0 12736.74
,
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1'V(
SUBJECT: AGENDA ITEM # 1/1 - MEETING OF APRIL 19. 1994
SERVICE AUTHORIZATION NO. 8/HELLER. WEAVER AND CATO. INC.
DATr:: APRIL 15, 1994
This is before the Commission to approve Service Authorization No. 8
in the amount of $18,458.62 to Heller, Weaver and Cato, Inc. for
consulting services related to the redesign of Lake Ida Road.
In 1992 staffs of the City and of Palm Beach County reached agreement
on a revised design to accommodate the city's requested landscaped
median for Lake Ida Road from Swinton to Congress Avenues. It was
agreed that the City would coordinate the redesign and contract
directly with the consultants.
The agreement is set forth in attached letter from County Engineer
George T. Webb dated October 27, 1992.
Recommend approval of Service Authorization No. 8 in the amount of
$18,458.62 to Heller, Weaver and Cato, Ino. , with funding from the
General Construction Fund - East Lake Ida Beautification (Account No.
334-4144-572-63.31).
.
Agenda Item No.: %/1
AGEHDA REOUEST
Date: April 19, 1994
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much): Staff reauests Citv Commission
approve Service Authorization 8 to Heller. Weaver and Cato for General
Consultina Services related to the redesian of Lake Ida Road to include the
proposed median from Conaress Avenue to Swinton Avenue. The reauested fee is
18 458.62. Fundin is available unde the General Construction Fund UTI FICATfaJ
Account No. a34 3162 !41-63.12. . CO - II
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization #8 to Heller.
Weaver and Cato for redesian of Lake Ida Road from Conaress Avenue to Swinton
Avenue in the amount of 518.458.62.
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) Ai
Account No. & Description~34-=412@--sl2.03-31 EAST LAkr 1M: EEItlATIACATfO
Account Balance~/GQ0
City Manager Review:
Approved for agenda: ~NO f;~1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG103413.MRM
.
DEPARTMENT OP ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
nox: WILLIAM R. GREBNW~~P .
DIRECTOR OP ENVIRO AL S R ~S
DATE: APRIL 13, 1993
SUBJECT: AGENDA REQUEST
Service Authorization #8 to Heller, Weaver and Cato
Lake Ida Road Redesiqn for Median
project No.91-03.2
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
staff requests City commission approval of Service Authorization
#8 to Heller, Weaver and Cato, Inc., for General Consul ting
Services related to the redesign of Lake Ida Road to include the
proposed median from Congress Avenue to Swinton Avenue. The
attached letter from George Webb with Palm Beach County indicates
that the City shall coordinate the redesign and contract directly
with the consultant for the project. The lump sum total
requested for Service Authorization #8 is $18,458.62.
Staff recommends approval of Service Authorization #8 to Heller,
Weaver and Cato, Inc. in the amount of $18,458.62. Funding is
available under the General Construction Fund, Builain~ Account ..1
No. ~J4 3162-541-6~ .12. E .l...AkE-ltA '&ItUTIFrATfO/V
334 --4144-- 51'2, to 3--3 J
DB:gr
cc: Dan Beatty, Asst. city Engineer
File: Project No. 91-03.2 (D)
DB103413.MRM
.
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with 1Ihe Z'iflht-o~-..J' nap .. % 4l.au.eel .i1:1& ~av14 Kovao..
Wi "gad. to the Go.t of \1Ial le.. foJ:' cutu. <<evelop..Dt, it :L. our
\Ul4ezat 4iD; tbat tbi. i. to ~e i~alu<<ed with any .ad all aOD.tJ:Uotio~ or
lad.aap oo.~. .. ,. ~..u1\ of the Cltr'. ~..i.aa a..ilD-
'Ih. aJ:>>ove ..1:. fozth ou u4antD41q of the cri1::r a"4 GOWlty
r..poll. il1~y ill. tal:L. ..1:'.~. ~h. a44itiODal oo.~. of Lak. %4& ~~~ 8.at of
hintoD .a.~ of .. Ind Av_ue "ill Clontill.ua to b. \he :r..poll.iJd.li~y of
the Clty.
87 0 py of ~. 1.~~.~, % _ 3:1Kp..'t:1Jaq Xa. XU~.Da "'.~11:'t, Mai.t:.ant
ao\Ul'ty At. 0=e7, 1S0 pnpu. a lD~.~loaa1 av~e__~ ..tt:lq forth the ,....
aad GOD41 :l.o~ to aoa~11.h the city'. ~~..t.4 Gball.q...
8tDo.~ely .
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QRIJBCla,
Bna.
oal Comat .1oaer Ma2J' HGCazty, Coaat..iOD Dl.~lat '4
DaviA JCcwaa., D1:r.atoJ: of IlaDDiDtJ
Clr" utual1, oi ~y ~J:.f~la 8D;111."
D. g ..mro04, D:l.J:. o~ bvi~_..'tal ..n:l.o..
DiaJc au, aa.ta'taA't at q' .Jlg:l.Jae.Z'
Lula Ui:lu, DiZ'.atoJ: of aoaWlt 1:1' %ap~O'Y__'t
BUOy o.'9'11a, Oity BOft1aultv:L.'
,,"olm QU.l"011, ...., DiZ'ao1;or, aoa4...1' :lJ:04uatioll
Kaz:l . b.~;:l tt, "..i.taIlt COUAt7 &ttona,
L. aa; i.Z' Lop.., ...., 11'0;1"" xuavu, Roadway Il"OduatloZl
Dav. i~h, Di.:eatoJ:, h;ia.ez.:l.ng Coozo4ir.a't:l.oA
David. elU\ill,.r, l'J:a.it8Jl't, Lake' %4& Boaeonel'.
JlRT.T.Jl~ - WBAVBR AND caro, INC.
CIn OP DBLRAI BBACll
CXJIlSULrING SBRVICB AD'nIORIZMION
DAXE:
SERVICE AUTHORIZAXION NO. FOR CONSULTING SERVICES
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CITY P.O. NO. (CITY) HBLLBR-WEAVER AND CAXO, INC.
TITLE: Lake Ida Road - Redesicm for lfedian
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This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated .:Tulv 25. 1991 , between the City of Delray Beach
and Heller-Weaver and Cato. Inc. .
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I. PR.OJ'BCr DESCRIPTION
Bngineering/Surveying Services for the Redesign of Lake Ida Road
for a median from Station 126 to 169 and the design for a proposed
school bus access at Station 145.
II. SCOPE OP SERVICBS
A. Revise existing drawings prepared by Heller-Weaver and Cato,Inc. as necessary
to accomodate the work in the project description.
B. Not Included
1. Any additional survey work except as noted.
2. Re-review by any Regulatory Agency.
3. Services during bidding/construction.
4. Reimbursables for printing.
C. The Scope or Work cannot be completed until approval or the proposal
submitted to the County February 3, 1994.
III. SUBIlITTAL IlArBRIALS
A. One original ~lar plot and 2/signed/sealed blueprint sets of drawings to be
given to the County for their bid sets.
IV. BUDGBT
ENGINBBRING SBRVICBS
LAKE IDA ROAD - LandscaDed Iledian Station 126 to 169
Sheets 4,5,6,10,11,12,13,14,15,16,17,18,24,25,26,27,28,29,30,37
38,39,40,41,42,43,44,45,46,47,48,49,53,56,57,58,59,60
Person Ilan Hours Salary Salary Cost
,
Project Hanager 16 Hrs.' $30.00 - $ 480.00
Chief Designer 76 Hrs.' $25.00 - $1,900.00
Chief Draftsperson 183 Hrs.' $18.33 - $3,354.39
I $5,734.39
LlUJI' Sum Fee - Salary Cost JC 2. 7 - $15,482.85
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Lake Ida Road - RBclesifllJ Lor lIedian
Page ram
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South Side of Lake Ida Road - ProDosed School Bus Acbess Station 145
Sheets 2,5,6,13,26,42,53,57.
Person ' Man Hours Salary Salary Cost
project Manager 3 Hours , $ 30.00 . $ 90.00
Chief Designer 18 Hours' $ 25.00 . $ 450.00
ChieL Draftsman 22 Hours , $ 18.33 . S 403.26
$ 943.26
LUJII' Sum Fee · Salary Cost ~ 2.7 · $2,546.80
SURVEYING SERVICES
south Side of Lake Ida Road - ProDosed School Bus Access Station 145.
Person Man Hours Salary Salary Cost
Project Surveyor o Hours , . $ 30.00 . $ 0.00
Project Supervisor 1 Hours , . $ 25.00 . $ 25.00
Survey Crew 4.5 Hours' . $ 29.75 . S 133.88
$ 158.88
LUIJI' Sum Fee · Salary Cost ~ 2. 7 · $ 428.96
1'02"AL FBB . $ 18,458.62
v. COIIPLIr.rIOB DMB
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project will be completed pending county's approval oL our contract and according to County's
review process.
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This service authorization is approved contingent upon the City's acceptance of and
satisfaction with the cOlDpletion of the services rendered in the previous phase or as
encompassed by the previous service authorization. IL the City, in its sole discretion, is
unsatisfied with the services provided in the previous phase or service authorization, the
City may terminate f:lJe contract without incurring any further liability. The CIOIIBl1LrA1IZ may
not commence work oa oy service authorization approved by the City to be included as part
oL1the contract wif:IJout a further notice to proceed.
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Ida Road - Redesign for Median ~
Page Three
Approved by:
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ern OF DBLllAr BBA.CH: CONSULTANr: (CORP. SBAL)
Date:
David T. Harden, City Manager urer
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Attest:
i STMB OF Florida
I
i COUNTr OF Palm Beach
!
\pproved as to Legal Sufficiency The foregoing instrument was acknowledged
and Form t.J -+t~ '\
, before me this --I day of
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~(L . , 1994
by Henrv Heller, Sect.- Treasurer
(Name of officer or agent, title of officer
or agent), of
Heller-Weaver and Cato, Inc.
(Name of corporation acknowledging),
a Florida corporation, on behalf
(State or place ofincorporation)
of the corporation. He/lRte is
(personally known to me) (8* 11..
,'88Vse4 i..a*~is.*A8ft) personally
known to me (type of identiLication)
(as identification) and ( flA," I did
take an ~
'f. I.. ,.' .,.,~/ J
. .
~ .~."~. .".~ :
Sigllature oL Ac:JUJOItledger ~. \\XF or r ' ,
(typed, prilJted or .tu!ped) "
j /. . ,"
~,' '.,
" ",
-*~._- 1\1,., ..' . ',J .
.h'J"'''\.).t"':,>.uIJ'o)'~)-,, .1 .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(7\-l
SUBJECT: AGENDA ITEM i ~jC - MEETING OF APRIL 19. 1994
FINAL PAYMENT/PALM BEACH COUNTY
DATE: APRIL 15, 1994
This is before the Commission to approve final payment to Palm Beach
County in the amount of $29,542.12 for completion of the Linton
Boulevard 24" raw water main project per Interlocal Agreement of July
20, 1993.
This construction was in conjunction with the County/s Linton
Boulevard widening project, and completes that portion of the raw
water main trunk line from the Morikami wellfield between Jog/Carter
Road and Military Trail along Linton Boulevard.
Recommend approval of Final Payment in the amount of $29,542.12 to
Palm Beach County, with funding from Water and Sewer Transmission
Lines - Water Mains (Account No. 441-5181-536- 63.50).
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Agenda Item No. g:r:
AGENDA REOUEST
Date: 03/28/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 04/12/94
Description of item (who, what, where, how much): staff requests
Commission approval of final payment to Palm Beach County for
construction of a 24" raw water main along Linton Boulevard between Jog
Road and Military Trail in accordance with the interlocal agreement with
the County for this work performed under City project no. 92-020. The
final payment amount is $29,542.12 funded by P.O. #520390 from account
#441-5181-536-63.50. Total P.o. amount is $591,472.50 and total project
cost is $590,842.50. The credit difference of $630.00 is due to field
measured quantities being slightly less than contract quantities.
ORDINANCE/RESOLUTION REQUIRED: JJ_/NO DRAFT ATTACHED JJ_/NO
Recommendation: Staff recommends approval of final payment to Palm Beach
County. ~
DEPARTMENT HEAD SIGNATURE: (?,
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds):
Funding available YES/NO
Funding alternatives (if applicable)
Account No. , Description
Account Balance
City Manager Review:
Approved for agenda: fha/NO t -;~/'1
Hold Until: ~.!
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~~Richard C. Hasko, P.E.
~ Deputy Director of Public utilities
SUBJECT: LINTON BOULEVARD 24"
RAW WATER MAIN PN 92-020
DATE: March 28, 1994
Attached please find an agenda request and a copy of the
final invoice from Palm Beach County for performance of the
subject construction in conjunction with the County's Linton
Boulevard widening project. The final payment amount is
$29,542.12 funded by P.O. #520390 from account
#441-5181-536-63.50. The total project cost is $590,842.50,
leaving $630.00 available for redistribution from the total
P.O. amount of $591,472.50. The difference in actual
project cost vs. the P.o. amount is due to field measured
quantities being slightly less than contract quantities.
This project completes that portion of the raw water main
trunk line from the Morikami Wellfield between Jog/Carter
Road and Military Trail along Linton Boulevard.
RCH: jem
cc: William H. Greenwood, Director of Public utilities
Ted Glas, Purchasing Officer
92-020 D
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~ c'7
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Bbard of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus E'i'l ~VS/l\f.MIN
.J ;,; ..../, c,. / . .! I I .
Carol A. Roberts Department of Engineering
Warren H. Newell and Public Works
Burt Aaronson
Maude Ford Lee
March 1, 1994
Richard C. Hasko, P. E. ,
Deputy Director of Public utilities
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
RE: UTILITY RELOCATION REIMBURSEMENT AGREEMENT
LINTON BLVD., JOG RD. TO M~LITARY TRAIL
DBPN: 92-020
Dear Mr. Hasko:
This is in response to your February 14, 1994 letter advising that
you are withholding a 5% retainage on the above referenced project.
This is in violation of sections 4, 5, and 9 of, the Interlocal
Agreement of July 20, 1993. There is no provision for a 5%
retainage by the city.
We would be amenable to negotiating a retainage percentage in
future Agreements. However, for this particular Agreement it is
not acceptable to us not to be reimbursed the total amount billed.
Please consider this a Second Request for the~54~~iCh is
outstanding. ~ "",,; n
. (J;)f/c ~ 3f'7(q-f
slncerely, , (v
~ ~ ~rnl"tt
J.....J2m"-' ~ <1 0
Evelyn llen, Director ~(j ~t7'V0 1.". (,}..t)i:)
Administrative Services . ' <:3lrf - ~~
M,~ ~4\- ,
pc: Edwin A. Jack, P. E. , Deputy County Engineer
William H. Greenwood, Director of Env. svcs. , Delray Beach
Howard Wight, Construction Manager, Delray Beach
Carl Miller, Director, Construction Coordination, County
Project File
"An Equal Opportunity - Affirmative Action Employer"
@ prln/sd on rtJCyCItld papsr Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tr'l
SUBJECT: AGENDA ITEM i Z:f - MEETING OF APRIL 19. 1994
WATER MAIN EASEMENT/DRUG ABUSE FOUNDATION OF PALM BEACH
COUNTY
DATE: APRIL 15, 1994
This is before the Commission to approve and accept an easement deed
for a 10' water main from the Drug Abuse Foundation of Palm Beach
County, Ino. 'l'he p.ropol.d .asement will allow oonltruotion of an
eight inch water main from Old Dixie Highway to Federal Highway.
We had originally planned to put this connection in Gulfstream
Boulevard, but Boynton Beach Utilities requested that we not put it
there. They were concerned about confusion over responsibility for
any future problems with the main.
Recommend approval and acceptance of water main easement deed from
the Drug Abuse Foundation of Palm Beach County, Inc.
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Agenda Item No.: !.T
AGERDA REOUEST
Date: April 19, 1994
Request to be placed on:
--K-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much): Staff reauests Citv Commission
aoorove a 10' water main easement from the Drua Abuse Foundation of Palm Beach
Countv. Inc. for installation of a 8" water main from Old Dixie Hwv. to Federal
Hiahwav.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aooroval of the 10' water main easement.
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: c~LL ~t~~ l'
Approved for agenda: @NO {'lV'}
Hold Until: . t;i! U,~ /~" ~ IW~
Agenda Coordinator Review:
~ U"lL-wL.:-- ~ -.~ /~-Lf:~, 3~'~j
Received: l~ a~,_ ~l, fctL~ '7J~
Placed on Agenda: '1'~ "-"'- ~ ~~~-1C.~. ]fL "~
Action: :'..{~",~" ,~' , /c_ .~. f- (.(c. cJ.i..~
~ I
Approved/Disapproved {:Ict~ (~ ,~~~-J:~ fL t7
AG208413.MRM ~ r~~'~ u~\ r:L. ~~-~
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. BARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWO~ rvR.....
DIRECTOR OF ENVIRO SERVICES
DATE: APRIL 13, 1993
SUBJECT: AGENDA REQUEST
PROPOSED WATER MAIN EASEKENT
DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY
PROJECT NO. 92-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Staff requests city commission approval of a 10' water main
easement from the Drug Abuse Foundation of Palm Beach County,
Inc. The proposed easement will allow construction of a water
main connection from Old Dixie Highway to Federal Highway. The
construction will be coordinated with the Gulfstream Enclave
Project.
DB:mm
cc: Dan Beatty, Asst. City Engineer
File: Project No. 92-08 (D)
DB28413B.MRM
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EASEMENT DEED
THIS ENDENTURB, _de this ! 7, ~[I day of A ~ . I , 19i.:f., bet_n DRUG ABUSE
FOUNDATION OF PALM BEACH COUNTY, INC., partie. of he first part, and the CITY OF DBLRAY
BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of
the second part.
WITNESSETHz That the parties of the first part, for and in con.ideration of
the sum of Ten ($10.00) Dollars and other good and valuable consideration. 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 ea._nt for
the purpose ofz installation of a water main with full and fr_ right, liberty, and
authority to enter upon and to install, operate, and maintain .uch water main line
under, acro.., through and upon, over, under or within the following described property
located in Palm Beach County, Florida, to-wit;
DESCRIPTION
A parcel of land within the Delray Beach Estates Subdivi.ion, Plat Book 21, Page 13,
Public Record. of Palm Beach County, Florida.
Said parcel of land being more particularly de.cribed a. fo11ow.z
The north 10' of Lot 18 of the De1ray Beach B.tate. Subc:livision. Said parcel
containing 0.1107 acres more or less.
ConcOlllitant and coextensive with this right i. the further right in the party of
the second part, it. succe..ors and a..ign., of ingre.. and egre.. over and on that
portion of land de.cribed above, to effect the purpose. of the easement. If said water
main line is not installed within nine month. frOlll the date of recording, then said
easement will revert back to the parties of the first part.
That this ea._nt shall be subject only to tho.e ea.ement., re.triction., and
reservations, and re.ervations of record. That the parties of the first part agree
to provide for the release of any and all mortgage. or liens encumbering this
easement. The partie. of the first part also agr_ to erect no building or effect any
other kind of con.truction or improvement. upon the above-de.cribed property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claim. of all person. whOlll.oever claimed by,
through or under it, that it has good right and lawful authority to grant the above
described easement and that the same i. unencumbered. Where the context of this
Eas_nt Deed allow. or permits, the same shall include the .ucce..or. or assigns of
the parties.
IN WITNESS WHBJUIOF, the partie. to this Bas_nt Deed .et their hand. and .eal.
the day and year fir.t above written.
WKU /ilV
(/ 04,1.-'. /L"12 <, ~F/9-17 r
(name printed or type written)
.I(~~~~ -i F ~,-, '-~, Drua Abuse Foundation of Palm Beach Co., Inc.
~ r ~ 400 S. Swinton Avenue.
. CA- {. k " '~.., L, ....'. ~ ~ Delrav Beach. FL 33444
(name print d or type wri en)
STATE OF FLORIDA
COUNTY OF PALM BEACH
:re foreqoing in.trument 3-/1] lip' I
was acknowledqed before me this / ---=- day of ,
19~, by AI';c,' 7,.(;10 (name of per.on acknowledqed) , who is
,
~sonally known to me/or has produced (type of
identification) as identification and who did (did not) take an oath.
No~~ry Puj (I vi
I. '~7 .. L, L'
I\- \:~ / I /' fC., t.~. .LC-l- I.... 'A."""-L I" l' (-'J" '.1 C. L
Signature of Per.on Taking Acknowledgment
/), eLI,,,, ~V M {U, (/,('5 It',"
Serial N Name of Acknowledqer Typed, Printed or Stamped
OB208413.MRM
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tj;C(
SUBJECT: AGENDA ITEM tt gk - MEETING OF APRIL 19. 1994
FINAL PAYMENT/SERVICE AUTHORIZATION NO. 7/GEE & JENSON
DATE: APRIL 15, 1994
This is before the Commission to consider final Payment/Service
Authorization No. 7 in the amount of $1,120 to Gee & Jenson for
general consulting services related to pre-hurricane analysis of City
facilities.
Recommend approval of Final Payment/Service Authorization No. 7 in
the amount of $1,120 to Gee and Jenson, with funding from the General
Construction Fund Renewal and Replacement - Buildings (Account No.
334-6112-519-62.10).
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Agenda Item No.
AGENDA REOUEST
Date: April 12, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much):Staff reauests
city Commission aooroval of Final oavment on Service Authorization
#7 with Gee & Jenson for Pre-Hurricane Analysis of Municioal
Facilities. soecificallY. city Hall. The final reoort has been
submitted and reviewed by staff and the work under this task is now
comolete. The total amount of this final invoice is $1.120.00.
Fundina is available under Account No. 334-6112-519-62.10
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reauests City commission approve final
oavment to Gee & Jenson on Service Authorization No. 7 in the
amount of $1.120.00 for Pre-Hurricane Analysis of Municipal
Facilities. city Hall.
Department head signature: ~L 4//I2/~Jf
Determination of Consistency wi th Comprehensive Plan:
City Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): - --j
Funding available~S/NO
Funding al ternati Jes"'=--/ (if applicable) .
Account No. & Descri~t~ 2'?<T~ 17 -.5/'1- (:, 2--10 ~)J (l{JNsr€. - FlIN D--I3UXJLS
Account Balance 3q J-.
City Manager Review: ~~ _(
Approved for agenda: &/NO ['tv
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9439\agreq419
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
city Manager
From: Ralph E. Hayden ~
City Engineer
Date: April 12, 1994
Subject: Agenda Request
Final Payment Service Authorization #7 to Gee & Jenson
Pre-Hurricane Analysis of Municipal Facilities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City commission approval of final payment on Service
Authorization #7 to Gee & Jenson for General Consulting Services
related to Pre-Hurricane Analysis of Municipal Facilities,
specifically City Hall. The final report has been submitted and
reviewed by staff and this task is now complete. The total amount
requested for Service Authorization #7 is $1,120.00.
Staff recommends approval of Service Authorization #7 to Gee &
Jenson for $1,120.00. Funding is available under Account No. 334-
6112-519-62.10.
cc: Jose Aguila
File: 94-39 (D)
\ESD\9439\sa7memo
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GEE & JENSON [~GINEfR'NG D(PARJMfNT
Engineers-Architects- FE B 1 :J I~~'f
Planners, Inc.
PLEASE REMIT TO P.O. Box 24600
West Palm Beach, FL 33416-4600
FEBRUARY 14, 1994
INVOICE NO. 26345
PROJECT NO. 93-395.00
CITY OF DELRAY BEACH
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
ATTN: RALPH HAYDEN, P.E. CITY ENGINEER
FOR: PRE HURRICANE ANALYSIS OF MUNICIPAL
FACILITIES. PO#523377
PROFESSIONAL SERVICES FOR THE PERIOD ENDING JANUARY 28, 1994
------------------------------------------------------------
TOTAL FEE 5,600.00
PERCENT COMPLETE 100.00 FEE EARNED 5,600.00
TOTAL EARNED 5,600.00
PREVIOUS FEE BILLING 4,480.00
CURRENT FEE BILLING 1,120.00
------------
TOTAL THIS INVOICE $ 1,120.00
------------
------------
~ CITY OF DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
PAYMENT REVIEW
o APPROVED ~RTIAL PAYMENT
o NOT APPROVED INAl. PAYMENT
P.O.#:
BUDGET ACCT.~
By: .
(SIGNATURE)
. (PRINT)
~ DATE'
WE HEREBY CERTIFY THAT IN THE PERFORMANCE OF THE SERVI ES COVERED BY THIS INVOICE, WE HAVE COMPLIED WITH THE FAIR
LABOR STANDARDS ACT OF 1938, AS AMENDED.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ['lil
SUBJECT: AGENDA ITEM :It 8L - MEETING OF APRIL 19. 1994
SERVICE AUTHORIZATION NO. 9/GEE & JENSON
DATE: APRIL 15, 1994
This is before the Commission to consider Service Authorization No. 9
in the amount of $61,300 to Gee & Jenson for general consulting
services related to Pompey Park Pool and Bath House.
Services include preliminary design, final design, bidding review and
recommendation, and construction administration.
Recommend approval of Service Authorization No. 9 in the amount of
$61,300 to Gee & Jenson, with funding from the General Construction
Fund, Pompey Park Pool (Account No. 334-4170-572-63.45) .
.
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Agenda Item No.
AGENDA REQUEST
Date: April 12, 1994
Request to be placed on:
X Regular Agenda
-- ---Special Agenda
Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much): Staff requests
city commission aDDrove Service Authorization # 9 to Gee & Jenson
for Preliminary Desian. Final Desian. Biddina Review. and
Construction Administration Services for PomDev Park Pool and Bath
House. The total reauested contract amount for Service
Authorization # 9 is $61.300.00. Funding is available under
General Construction Fund. PomDev Park Pool Account No.334-4170-
572-63.45.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aDproval of Service Authorization
No.9. to Gee & Jenson for consulting services for PomDev Park Pool
in the amount of $ 61.300.00.
Department head signature:~ ~~ -1 / rz-/., -(
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 alternative (if applicable)
AccountNo. & Des3?tg;tion ~4r7{)--l:i rJ. 0:3-45 (;8.J. (!{)IJ~. FUtJ/) ~fb/vfpey Pk-
Account Balance ~ 34;5, DO pax.-
City Manager Review:
Approved for agenda: @/NO tM
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9356\agreq419
.
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Ralph E. Hayden ~?ZJ!/
City Engineer
Date: April 12, 1994
Subject: Agenda Request
Service Authorization 19 to Gee & Jenson
Pompey Park Pool and Bath House
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff request City Commission approval of Service Authorization 19
to Gee & Jenson for General Consulting Services related to Pompey
Park Pool and Bath House. Services to include; Preliminary Design,
Final Design, Bidding Review and Recommendation and Construction
Administration.
The total amount requested for Service Authorization #9 is
$61,300.00, which when combined with the $5,497.00 expended under
Service Authorization 1 4 represents a total fee of 10% of the
total construction budget of $668,000.00.
Staff recommends approval of Service Authorization #9 to Gee &
Jenson for $61,300.00. Funding is available under the General
Construction Fund, Pompey Park Pool Account No. 334-4170-572-63.45.
cc: Jose Aguila
File: 93-56 (D)
\ESD\9356\sa9memo
,
-
.
n GEE & JENSON
Engineers-Architects-Planners, Inc.
One Harvard Circle
West Palm Beach. FL 33409
April 11, 1994 Telephone (407) 683-3301
Fax (407) 686-7446
Jose' Aguila, Asst. Construction Mgr.
Environmental Services Dept.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach FL 33444
Re: Pompey Park Pool
Professional Services
Service Authorization No. 9
Dear Jose',
Please find enclosed five (5) original executed service authorizations (No.9) for the
completion of design services for the Pompey Park Pool and Bathhouse. As noted
in my letter to Mr. Joe Weldon dated March 1, 1994, our agreed to fee was 6%
for design services and 4% for construction phase services for a total of 10%.
Based on the estimated construction costs of $668,000 (without contingencies)
our fee is to be $66,800. The first $8,000 of this $66,800 fee is for the
preliminary report phase (Service Authorization No.4). A total of $5,497 of this
$8,000 was spent to date, including the upcoming invoice for February and March
labor. Therefore, the fee remaining to complete design services is $61,300 :!:,
consisting of $2,000 in fees previously authorized and unspent from Service
Authorization No.4 and the remaining $58,800 in fees not previously authorized.
In order to keep all of the remaining services and invoicing on the same Service
Authorization, we suggest you terminate S.A. No.4 at the :!: $5,497 billed to date
and authorize all of the remaining fees ($61,300) with Service Authorization No.9.
A detailed Scope of Services for the Preliminary Design Phase, Final Design Phase,
Bidding and Negotiation Phase and the Construction Phase as well as a schedule
for completion of the Scope of Services is included in Service Authorization No.9.
.
. .
n
Jose' Aguila, Assistant Construction Manager
Pompey Park Pool, Professional Services
April 11, 1 994 - Page 2
Please call if you have any questions.
Very truly yours,
~G~ ~~/~'-
W. Richard Staudinger, P.E.
WRS/ln
Enclosures
93040.1
cc: Cary Moulton, w/encl.
Philip Crannell
Russell C. Devick m:\wrs\ppprofs
.
CONSUL liNG SERVICES AUlHORIZA liON
Date: March 31.1994
Service Authorization No. 09 for Consulting Services
City P.O. No. City Expense Code
Title: POMPEY PARK POOL & BATHHOUSE
This Service Authorization, when executed, shall be Incorporated In and shall become an Integral part of the Contract.
J. PROJECT DESCRIPTION
THE PROJECT SERVICES CONSIST OF DEMOLITION AND REMOVAL OF APPROXIMATELY 3,500 SF
OF POOL, ALL RELATED EQUIPMENT, POOL DECK AREA, SITE FENCING AS WELL AS AN EXISTING
2,000 SF:!:, CONCRETE AND STEEL BATHHOUSE/POOL EQUIPMENT BUILDING.
SERVICES TO INCLUDE DESIGN OF A NEW 3,400 SF:!:, MAIN POOL, A 300 SF WADING POOL, AND
DESIGN OF RELATED EQUIPMENT INCLUDING A HEAT PUMP SYSTEM, POOL DECK, FENCING, SITE
WORK AND SITE LIGHTING.
DESIGN FOR NEW BUILDING CONSTRUCTION CONSISTING OF A NEW 3,000 SF:!:, CONCRETE AND
STEEL BATHHOUSE/POOL EQUIPMENT BUILDING TO INCLUDE PLUMBING, MECHANICAL &
ELECTRICAL SYSTEMS AND RELATED SITE WORK.
II, SCOPE OF SERVICES:
1. Preliminary Design Phase: (Phase II)
a. Consult with the City to determine the general scope extent and character of the project.
b. Prepare preliminary design documents consisting of one schematic site plan, floor plan and exterior
elevations to determine project concept.
2. Final Design Phase: (Phase III)
a, Based on the approved Preliminary Design Documents the Consultant shall prepare, for approval
by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in
detail the requirements for the construction of the project.
b. The Consultant shall assist the Owner in connection with the Owner's responsibility for filing required
permit documents for approval by govemmental authorities having jurisdiction over the project.
c. The Consultant shall advise the Owr ar of any adjustments to Preliminary Cost Estimates indicated
by changes in requirements or general market conditions.
3. Bidding & Negotiations Phase: (Phase IV)
a. The Consultant shall assist the Owner in preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the Form of Agreement between the Owner and the
Contractor. Owner will bear the cost of bid advertisement, printing and publication.
b. The Consultant, following the Owner's approval of the Construction Documents and the latest
Estimate of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated
proposal, and assist in awarding and preparing contracts for construction, Attendance at a pre-bid
conference is included.
,
4. Construction Phase: (Phase V)
a. The Consultant shall review and process Contractor's submittals such as shop drawings, product
data and samples, for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents.
b. The Consultant shall visit the site an average of up to 4 hours per week for a 28 week construction
period. This includes field visits by structural, mechanical and electrical engineers and Substantial
and Final Inspection.
On the basis of on-site observations, the Consultant shall keep the Owner informed of the progress
of the work.
c. The Consultant shall select and submit materials/samples/colors for the Owner's approval.
d. The Consultant shall provide in-office project management including phone calls, faxes, project
correspondence, the equivalent of up to 3 hours per week for 28 weeks.
e. Based on the Consultant's observations and evaluations of the Contractor's Application for Payment,
the Consultant will review and process the amounts due the Contractor (monthly) for the Owner's
approval.
f. The Consultant shall receive and forward to the Owner, for the Owner's review and records, written
warranties and related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements
of the Contract Documents.
g, Record drawing review based on certified Contractor supplied documents.
Items Furnished by Owner
at No Expense to the Consultant
Assist Consultant by furnishing, at no cost to the Consultant, all available pertinent information, geotechnical services,
topographic sketch of site area (180 x 180), all permit application and governmental inspection fees; and any other
data relative to performance of the above services for the project. It is agreed and understood that the accuracy and
veracity of said information and data may be relied upon by Consultant without independent verification of the same.
Designate in writing a person to act as the Owner's representative with respect to the services to be performed under
this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and
define the Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to
the Consultant's services.
III. Budget:
For Items 1 through 4 of the Scope of Services, the Consultant shall be paid a lump sum fee of Sixty
OneThousand Three Hundred and no/100 Dollars ($61,300.00).
1. Preliminary Design 5,000
2. Final Design/Construction Documents 35,000
3. Construction Bidding 5,000
4. Construction Observation (7 month contract period) 16,300
$61,300
IV. Completion Date:
Items 1 through 4 of the Scope of Services will be completed as follows:
Item 1 and 2 - 90 calendar days
Item 3 - 60 calendar days
Item 4 - 220 calendar days
(except for delays beyond the reasonable control of the Consultant).
.
,
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion
of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City
in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City
may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any
service authorization approved by the City to be included as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT: ( Gee & Jenson E-A-P. Inc.)
If
Date
.
Thomas E. Lynch
Mayor (Seal)
z;-~ 1/ &#-
Witness Q.Q,~~-
Attest: Attest:
Approved as to Legal Sufficiency and Form ~~~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this / / ~ day of ~...j-, ,19.11 by Russell C.
Devick of Gee & Jenson Engineers-Architects-Planners. Inc., a Florida corporation, n behalf of the corporation. He
is personally known to me and did not take an oath. .
~\\\\\"\I""",,1. ~ Q- /fJO-A~LU
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s*: ........ !*= Name of Acknowledger Typed, Printed or Stamped
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'f?V'f
SUBJECT: AGENDA ITEM # g"~ - MEETING OF APRIL 19. 1994
SERVICE AUTHORIZATION NO. 10/GEE & JENSON
DATE: APRIL 15, 1994
This is before the Commission to consider Service Authorization No.
10 in the amount of $8,250 to Gee & Jenson for consulting services
related to the design and installation of hurricane shutters for the
north wing of City Hall.
This work follows the evaluation report submitted by Gee & Jenson
wherein it was established which areas were in need of protection,
and in what order to proceed with the work.
Recommend approval of Service Authorization No. 10 in the amount of
$8,250 to Gee & Jenson, with funding from the General Construction
Fund, Building (Account No. 334-6111-519-62.10).
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Agenda Item No.
AGENDA REOUEST
Date: April 13, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: April 19, 1994
Description of item (who, what, where, how much) : Staff requests
Citv Commission approve Service Authorization #10 to the contract
with Gee & Jenson for Construction Documents. Bidding Review and
Construction Administration Services related to window hurricane
shutters for the North Wina of the citv Hall Facilitv. This task
is to also include the desian and imDlementation of tree tie-down
svstems for two larae Ficus trees ad;acent to the buildina. The
reauested lumD sum fee is $8.250.00. Fundina is available under
the General Construction Fund. Buildina Account No. 334-6111-519-
62.10
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aDDroval of Service Authorization
#10 to Gee & Jenson for hurricane shutters for the North wina of
citv Hall in the amount of $8.250.00.
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: E INO
Funding alternatives . (if~licable~
Account No. &DeScriPtionf1~-Wf(l-brq.(fl.A-IO rJe-N.OO .--et{JiA 'AI&;?
Account Balance 31J~~
City Manager Review: @/NO [y1
Approved for agenda:
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved \esd\9419\agreq419
.
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~i
From: William H. Greenwood wtGjor
Director of Environmental Services
Date: April 13, 1994
Subject: Agenda Request
Service Authorization #10 to Gee & Jenson
City Hall North Wing, Hurricane Shutters
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff requests City Commission approval of Service Authorization
#10 to the contract with Gee & Jenson for General Consulting
Services related to the Design and Installation of Hurricane
Shutters at the North Wing of City Hall. This work follows the
evaluation report submitted by Gee & Jenson wherein it was
established which areas were in need of protection, and in what
order to proceed with the work. The lump sum total requested for
Service Authorization #10 is $8,250.00.
Staff recommends approval of Service Authorization #10 to Gee &
Jenson in the amount of $8,250.00. Funding is available under the
General Construction Fund, Building Account No. 334-6111-519-
62.10.
cc: Jose Aguila
File: 94-19 (D)
\ESD\9419\sal0memo
"
CONSUL TINO SERVICES AUTHORIZATION
Date: April 13. 1994
Service Authorization No. 10 forConeulling SeMce.
City P.O. No. City ExpenH Code
Title: CItY Hell North W"a Hunic8n. Shutters
TIde Service Authortz.tIon, ..M" executed, .han be Incorpo....d ,,, and IMII become an Integ..' ~tt of the Contract.
I. PROJECT DESCRIPTION.
The services include evaluation. prepllration of construction plans. bidding services and con8tnJction phase
services for Hurricane shuttera for the north wing (1989 addition) to City Hall 89 well as the Ficus tree tie
down system (2 total) for the trees north and west of the north wing of City Hall.
II. SCOP~ OF SERVICES:
A. Ficus Tree Tie-Down Sy...m.;
1. Evaluation Ph...
The Architect will evalu." the wind exposure characteristics of the two specimen trees and
determine the required wind resistance cap.city for the tie-down systems. A preliminary design
concept and cost ..timete will be developed and presented for revi.w by the Client.
2. Final Dellan & Bld~ina
Upon written approval by the Client, Engineer will proceed with final design drawings and
specifications for bidding. Bidding a.Nice. will be provided up to the award of contract by the
Client.
3, Qonltruction Pha,..
The conmctlon and inltallatlon of the ti.down systems will be observed, as required, throughout
to completion of the work, Including shop drawing review .nd test fit up of the t1e-down sv-tems.
e. Humcane Shutters for 1989 North 'Mng Annex:
1. Evaluation Pha,e
Exiltlng building plans will be reviewed to determine the exact sil:e. .nd quantities of wall openings
whleh will require stonn shutte,... Construction details of the existing facility will be reviewed to
determine the material. into which .hutters will be fastened, as well as what exilting features or
elements may be a~d by the installation of shutters. The required hurrialne wind forces to be
reslated will be Qllculated for the purpose of shutter design load ratings. Various shutter systems
will be .tl,ldled to determine the most appropriate 8y8t8m(s) for this application, including exterior
architectural impact.
A preliminary design recommendation and coat estimate will be presented for review by the Client.
2. Final Deslan & Biddina Phase
Upon approval by the Client. Engin..r will proceed with final d..lgn drawings and specifications for
bidding. Bidding seNice. will be provided up to the award of contract by the Client.
3. Consln.lction Ph.se
The installation of the proposed shutter systems will be observed. ., required. throughol,lt to
completion of the work, including shop drawing review and test operation of all shutter units in place.
~O'd ~OO'oN 01:6 t76,~1 ~dlJ 917t7L-989-LOt7:Qr ~~OSN3['8339
.
C. 1. Miscellaneous Se[Yk:e.
Provide other additional services .& mutually agreed upon by both pertle8.
Items to be FlJI'I1iaMd bv Client
At No t:m.nse to the Enalneer
ASllat EngtnHr by fumlshlng. at no COlt to the Engineer, an available pertinentinfonMdon lncIudtng prevtous Iltporta,
e)(isting drawings and specification. .nd .ny other data relative to performance of the above ..rvices for the project.
It II agreed and understood that the accuracy and veracity of .aid information and data may be relied upon by the
Engineer without Independent verification of the .ams_
Designate in writing .. person to act as the Client's representative with ""peel to the selVlces to be performed under
this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and
define the Client's pollctes and decisions with respect to materiala. equipment, elements and syatems pertinent to the
Engineer's services.
Time of Perforrn,nce
The Evaluation Pha.es of both item. "A" and tlB" above will b. completed within 20 calendar deys after receipt of
Notice to Pr~ed, 8)(cept for delays beyond the reasonable control of the Engineer.
The Final Oeeign & Bidding Phase. of both items "A" and "B" above will follow Immediately tho review of Evaluation
Phalo doouments and written approval by the Client. The Final Design Phas. will be completed within 10 calendar
day. .lter receipt of approval, except for delay. beyond the reasonable control of the Engineer. The Bidding portion
of this phase could be accomplished in about three (3) weeks.
The Construction Phases for both item. "A" and "Bit above will follow Immediately the Award of Contract by the Client,
and proceed to completion prior to August 1, 1994.
Fees to be Paid
Baslo S,rvice.;
For items "A" and "B" above, comprising the total s<:ope of &elVlce' for SelVlce Autho~1ion No. 10, the Engineer
will be paid. lump aum fee of Eight Thou.and Two Hundred end fiftV Dollars ($8.260.00). For Item C of the Scope
of SelVlce8, hourlV chargea as mutually agreed upon.
III. Completion D8te:
ItemS A and B of the Scope of Services will be completed as follows:
Item 1 - 20 calendar day.
Item 2 . 10 calendar davs
Item 3 - In accordance with Construction Schedule (:t 3 wks)
(except for delays beyond the reasonable control of the Consultant).
~O'd ~OO'ON n:6 t76.~T Cldl:l 9f7t7L-989-l0t7:ar NOSN3C8339
,
This "rvlce authorization is approved contingent upon the City's acceptance of and satisfaetion with the eompJetlon
of the services rendered In the previous phlil.~ or as encompassed by the previous e.ervlce authorization. If the City
In Its sole dilcretion Is unsatisfied with the servic:es provided in the previous phase or service authorRation, the City
may terminete the contract without Incutrlng any further JlabJj(y. The CONSULTANT may not ,commence work on any
M!'V1ce authorization ~praved by the City to be included ae PalIrt of the contract without a further notice to pf'0C8ed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT: ( Gee & Jenson E-A-P. Inc...)
Date Date
Thomas E. lynch By:
Russell C. Oevick, P.E. . Senior Vlce President
Mayor (SeaQ
WItness
WItness
Attest: Attest:
Approved as to Legal Sufllelency and Form
STATE OF F !"OR IDA
COUNTY OF PALM BEACH
The foregoing Instrument wae acknowledged before me this day of I 1994 by Russell C,
Oevick of Gee & Jenlon EnglneeI'8-Architect~PI.nners. Inc.. a Florida corporation, on behalf of the corporation. H~
1& personally known to me and did not 'eke an oath.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or Stamped
m:~t'ldYll
170'd ~OO'ON n:6 176.~1 ~dl:l 91717l-989-L017:0r NOSt~3['S339
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.
M E M 0 RAN DUM
TO: David T. Harden
City Mana~~
FROM: Joseph M. fo
Director of Fi
DATE: April 13, 1994
SUBJECT: Paying Agent and Registrar Contract--1991 Water and Sewer
Revenue Bond Issue
Comerica Bank and Trust, formally known as Midlantic National Bank, was
authorized in June, 1991 to provide Paying Agent and Registrar Services for
the above referenced issue. Although the bank has been acting upon the
direction of the Bond Resolution, it has been noted that a formalized
Agreement was never executed. Comerica Bank and Trust has provided us with a
Registrar and Paying Agent Agreement which has been reviewed and approved by
both staff and Steve Sanford, our Bond Counsel.
They will continue to provide services at an annual cost of $500 per year,
$.50 per note at maturity, $.25 per registered interest check, $.25 per
certificate issued and cancelled plus any out of pocket costs as originally
agreed upon. We recommend that this contract be brought to the Commission for
approval on April 26, 1994.
JMS/rso/slh
Attachment
~cc: Rebecca S. O'Connor, Treasurer
gN
.
.
Agenda Item No.:
AGENDA REQUEST
Date: April 13, 1994
Request to be placed on:
X Regula"'1Agenda Special Agenda Workshop Agenda
When: April~ 1994
Description of agenda item (who, what, where, how much):
Approve Paying Agent/Registrar services contract with Comerica Bank and
Trust relative to the 1991 Water and Sewer Bond Issue.
ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO
Recommendation: Recommend the above.
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 ~ ~(kJrg~tXt~cs
Funding alternatives:
Account No. -& Description: 441-7111-582-73.01
Account Balance: $9,600
City Manager Review:
Approved for agenda: ~ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
Comerica Bank & Trust, FSB 5401 N. Federal Highway
POBox 24800
Fort Lauderdale. Flonda 33307-4800
Phone 305771-6700
National 800 225-6077
April 7, 1994
Ms. Becky O'Connor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fl 33444
Dear Ms. O'Connor:
RE: City of Delray Beach Water & Sewer Revenue Bonds, Series 1991A and 1991B
Enclosed please find two of the revised paying agent and registrar agreement for the above
referenced bond issue. Please review and have the City sign the agreement, once signed please
forward to Stephen Sanford for his signature and approval, then please return to my attention
at which time we will send you a fully executed agreement.
Thank you.
Sincerely,
..-.'
Carol A. Culler
Vice President
CAC/kmg
'I
REGISTRAR/PAYING AGENT AGREEMENT
between
CITY OF DELRA Y BEACH, FLORIDA
and
COMERICA BANK & TRUST, FSB
FORT LAUDERDALE, FLORIDA
Pertaining to
CITY OF DELRA Y BEACH, FWRIDA
WATER AND SEWER REVENUE BONDS,
SERIES 1991A AND 1991B
.
TABLE OF CONTENTS
ARTICLE PAGE
Recitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE ONE
APPOINTMENT OF BANK AS PAYING AGENT
AND REGISTRAR
Section 1.01. Appointment .................................. 1
Section 1.02. Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 3.02. Payment Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE FOUR
REGISTRAR
Section 4.01. Transfer and Exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 4.02. The Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4.03. Form of Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4.04. List of Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4.05. Cancellation of Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4.06. Mutilated, Destroyed, Lost or Stolen Bonds ............... 5
Section 4.07. Transaction Information to Issuer. . . . . . . . . . . . . . . . . . . . . . 6
ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 5.02. Reliance on Documents, Etc. ........................ 7
Section 5.03. Recitals of Issuer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 5.04. May Hold Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 5.05. Money Held by Bank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 5.06. Mergers or Consolidations. . . . . . . . . . . . . . . . . . . . . . . . . . 8
1
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ARTICLE PAGE
Section 5.07. Interpleader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.02. Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.03. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.04. Effect of Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.05. Successors and Assigns. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.06. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 6.07. Benefits of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.08. Entire Agreement .............................. 10
Section 6.09. Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.10. Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6.11. Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
EXECUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Registrar/Paying Agent's Fee Schedule . . . . . . . . . . . . . . . . . . . . . . . . .. Annex A
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REGISTRAR/PAYING AGENT AGREEMENT
THIS REGISTRAR/PAYING AGENT AGREEMENT (the or this "Agreement") is by
and between the City of Delray Beach, Florida (the "Issuer") and Comerica Bank & Trust, FSB,
Fort Lauderdale, Florida (the "Bank"), a Federal Savings Bank duly organized and existing
under the laws of the United States of America.
WHEREAS, the Issuer has duly authorized and provided for the issuance of its Water
and Sewer Revenue Bonds, Series 1991A and 1991B (the "Bonds"), in an original aggregate
principal amount of $8,000,000 Water and Sewer Revenue Bonds, Series 1991A and
$14,585,000 Water and Sewer Revenue Bonds, Series 1991B issued as registered securities
without coupons;
WHEREAS, the Issuer initially appointed Midlantic National Bank & Trust Co.lFlorida
as paying agent and registrar on the Bonds.
WHEREAS, all things necessary to make the Bonds the valid obligations of the Issuer,
in accordance with their terms, has been taken upon the issuance and delivery thereof;
WHEREAS, the Issuer is desirous that the Bank act as the Successor Paying Agent of
the Issuer in paying the principal, redemption premium, if any, and interest on the Bonds, in
accordance with the terms thereof, and that the Bank act as Registrar for the Bonds;
WHEREAS, the Issuer has duly authorized the execution and delivery of this Agreement,
and all things necessary to make this Agreement the valid agreement of the Issuer, in accordance
with its terms, have been done;
NOW, THEREFORE, it is mutually agreed to the following terms:
ARTICLE ONE
APPOINTMENT OF BANK AS
REGISTRAR AND PAYING AGENT
Section 1.01. Appointment.
(a) The Issuer hereby appoints the Bank to act as Successor Paying Agent with respect
to the Bonds, in paying to the Owners of the Bonds the principal, redemption premium, if any,
and interest on all or any of the Bonds.
(b) The Issuer hereby appoints the Bank as Successor Registrar with respect to the
Bonds.
(c) The Bank hereby accepts its appointment, and agrees to act as, the Paying Agent and
Registrar .
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Section 1.02. Compensation.
As compensation for Bank's services as Registrar/Paying Agent, the Issuer agrees to pay
the Bank the fees and amounts set forth in Annex A hereto of this agreement. The Issuer agrees
to reimburse the Bank for any reasonable disbursements related to publication of notices of
redemption required pursuant to the Resolution and all reasonable fees of its counsel incurred
in carrying out its duties hereunder. In the event the bank has reasonable cause to use the
services of an attorney, it shall, to the extent possible, use counsel appointed by the City.
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions.
For all purposes of this Agreement, except as otherwise expressly provided or unless the
context otherwise, requires, the following terms have the following meanings when used in this
Agreement:
"Bank" means Comerica Bank & Trust, FSB, Fort Lauderdale, Florida.
"Bank Office" means the principal corporate trust office of the Bank located at Fort
Lauderdale, Florida. The Bank will notify the Issuer in writing of any change in location of
the Bank Office.
"Bond" or "Bonds" means any or all of the Issuer's Water and Sewer Revenue Bonds,
Series 1991A, and Water and Sewer Revenue Bonds Series 1991B.
"Bond Resolution" means the resolution, order or ordinance of the governing body of the
Issuer pursuant to which the Bonds are issued, certified by the Clerk of the Issuer or any other
officer of the issuer and delivered to the Bank.
"Fiscal year" means the 12 month period ending September 30 of each year.
"Issuer" means the City of Delray Beach, Florida.
"Issuer Request" and "Issuer Order" means a written request or order signed in the name
of the Issuer by the Mayor, City Manager, Finance Director or any other authorized
representative of the Issuer and delivered to the Bank.
"Legal Holiday" means a day on which the Bank is required or authorized to be closed.
"Owner" means the Person in whose name a Bond is registered in the Register.
"Paying Agent" means the Bank when it is performing the functions associated with the
terms in this Agreement.
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"Person" means any individual, corporation, partnership, joint venture, association, joint
stock company, trust, unincorporated organization or government or any agency or political
subdivision of a government.
"Predecessor Bonds" of any particular Bond means every previous Bond evidencing all
or a portion of the same obligation as that evidenced by such particular Bond (and, for the
purposes of this definition, any Bond registered and delivered under Section 4.06 in lieu of a
mutilated, loss, destroyed or stolen Bond shall be deemed to evidence the same obligation as the
mutilated, lost, destroyed or stolen Bond).
"Register" means a register in which the Registrar on behalf the Issuer shall provide for
the registration and transfer of Bonds.
"Responsible Officer" when used with respect to the Bank means the President or Vice
President of the Board of Directors, the Chairman or Vice Chairman of the Executive
Committee of the Board of Directors, the President, any Vice President, the Secretary, any
Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier,
any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of the above designated officers and also
means, with respect to a particular corporate trust matter, any other officer to whom such matter
is referred because of his knowledge of and familiarity with the particular subject.
"Stated Maturity" means the date specified in the Bond Resolution as the fixed date on
which the principal of the Bond is due and payable or the date fixed in accordance with the
terms of the Bond Resolution for redemption of the Bonds, or any portion thereof, prior to the
fixed maturity date.
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent.
(a) The Bank, as Paying Agent and on behalf of the Issuer, shall pay to the owner, at
the Stated Maturity or upon earlier redemption and upon the surrender of the Bond or Bonds
so maturing or being redeemed at the Bank Office, the principal amount of the Bond or Bonds
then maturing, provided that the Bank shall have been provided adequate collected funds to make
such payment.
(b) The Bank, as Paying Agent and on behalf of the Issuer, shall pay interest when due
on the Bonds to each Owner of the Bonds (or their Predecessor Bonds) as shown in the Register
at the close of business on the Record Date, provided that the Bank shall have been provided
adequate collected funds to make such payments; such payments shall be made by computing
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the amount of interest to be paid each Owner, preparing the checks, and mailing the checks on
each interest payment date addressed to each Owner's address as it appears on the Register.
(c) In the case of a registered Owner of $1,000,000 or more of Bonds, the payments to
be made to such Owner may be by wire transfer to a domestic bank account specified in writing
by such registered Owner, provided that the cost of such wire transfer shall be paid by the
registered Owner requesting such wire transfer.
Section 3.02. Payment Dates.
The Issuer hereby instructs the Bank to pay the principal of and interest on the Bonds at
the dates specified in the Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Transfer and Exchange.
(a) The Issuer shall keep the Register at the Bank Office, and subject to the terms and
provisions of the bond resolution relating to the Bonds (herein the "Bond Resolution") the Issuer
shall provide for the registration and transfer of Bonds. The Bank is hereby appointed
"Registrar" for the purpose of registering and transferring the Bonds as herein provided. The
Bank agrees to maintain the Register while it is Registrar.
(b) As provided in the Bond Resolution, the Registrar hereby agrees that at any time
while any Bond is outstanding, the Owner may deliver such Bond to the Registrar for transfer
or exchange, accompanied by instruction from the Owner, or the duly authorized designee of
the Owner, designating the person, the maturities, and the principal amounts to and in which
such Bond is to be transferred and the addresses of such persons: the Registrar shall thereupon,
within not more than three (3) business days, register and deliver such Bond or Bonds as
provided in such instructions. The provisions of the Bond Resolution shall control the
procedures for transfer or exchange set forth herein to the extent such procedures are in conflict
with the provisions of the Bond Resolution.
(c) Every Bond surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed by
an officer of a federal or state bank or a member of the National Association of Securities
Dealers, in form satisfactory to the Bank, duly executed by the Owner thereof or his attorney
duly authorized in writing.
(d) The Registrar may request any supporting documentation necessary to effect a re-
registration.
(e) The Issuer or the Registrar may make a charge for every exchange or registration
of transfer of Bonds sufficient to reimburse them for their reasonable fees and for any tax or
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other governmental charge required to be paid with respect to such exchange or registration of
transfer.
Section 4.02. The Bonds.
The Issuer shall provide an adequate inventory of unregistered Bonds to facilitate
transfers. The Bank covenants that it will maintain unregistered Bonds in safekeeping, which
shall be not less than the care it maintains for debt securities or other governments or
corporation for which it serves as registrar, or which it maintains for its own securities.
Section 4.03. Form of Register.
The Bank as Registrar will maintain the records of the Register in accordance with the
Bank's general practices and procedures in effect from time to time. The Bank shall not be
obligated to maintain such Register in any form other than a form which the Bank has currently
available and currently utilizes at the time.
Section 4.04. List of Owners.
(a) The Bank will provide the Issuer at any time requested by the Issuer, upon payment
of the cost, if any, of reproduction, a copy of the information contained in the Register. The
Issuer may also inspect the information in the Register at any time the Bank is customarily open
for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing
or to convert the information into written form.
(b) The Bank will not release or disclose the content of the Register to any person other
than an authorized officer or employee of the Issuer, or upon the order of an authorized officer
or employee of the Issuer, except upon receipt of a subpoena or court order. Upon receipt of
a subpoena or court order and as permitted by law, the Bank will notify the Issuer so that the
Issuer may contest the subpoena or court order.
Section 4.05. Cancellation of Bonds.
All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if
surrendered to the Bank shall be promptly canceled by it and, if surrendered to the Issuer, shall
be delivered to the Bank and, if not already canceled, shall be promptly canceled by the Bank.
The Issuer may at any time deliver to the Bank for cancellation any Bonds previously certified
or registered and delivered which the Issuer may have acquired in any manner whatsoever, and
all Bonds so delivered shall be promptly canceled by the Bank. All canceled Bonds held by the
Bank shall be disposed of by the Bank as directed by the Issuer. The Bank will surrender to the
Issuer, at such reasonable intervals as it determines, certificates of destruction, in lieu of which
or in exchange for which other Bonds have been issued or which have been paid.
Section 4.06. Mutilated. Destroyed. Lost or Stolen Bonds.
(a) Subject to the provisions of this Section 4.06, the Issuer hereby instructs the Bank
to deliver fully registered Bonds in exchange for or in lieu of mutilated, destroyed, lost or stolen
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Bonds as long as the same does not result in an overissuance, all in conformance with the
requirements of the Bond Resolution.
(b) If (i) any mutilated Bond is surrendered to the Bank, or the Issuer and the Bank
received evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (ii)
there is delivered to the Issuer and the Bank such security or indemnity as may be required by
the Bank to save and hold each of them harmless, then, the Issuer shall execute and upon its
request the Bank shall register and deliver, in exchange for or in lieu of any such mutilated,
destroyed, lost, or stolen Bond, a new Bond of the same stated maturity and of like tenor and
principal amount bearing a number not contemporaneously outstanding.
(c) Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed,
lost, or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether
or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone,
and shall be entitled to all the benefits of the Bond Resolution equally and ratably with all other
outstanding Bonds.
(d) Upon the satisfaction of the Bank and the Issuer that a Bond has been mutilated,
destroyed, lost or stolen, and upon receipt by the Bank and the Issuer of such indemnity or
security as they may require, the Bank shall cancel the Bond number on the Bond Register with
a notation in the Register that said Bond has been mutilated, destroyed, lost or stolen, and a new
Bond shall be issued of the same series and of like tenor and principal amount bearing a number,
according to the Register not contemporaneously outstanding.
(e) The Bank may charge the Owner the Bank's fees and expenses in connection with
issuing a new Bond in lieu of or exchange for a mutilated, destroyed, lost or stolen Bond.
(t) The Issuer hereby accepts the Bank's current blanket bond for lost, stolen, or
destroyed Bonds and any future substitute blanket bond for lost, stolen, or destroyed Bonds that
the Bank may arrange, and agrees that the coverage under any such blanket bond is acceptable
to it and meets the Issuer's requirements as to security or indemnity. The bank need not notify
the Issuer of any changes in the security or other company giving such bond or the terms of any
such bond, provided that the amount of such bond is not reduced below the amount of the bond
on the date of execution of this Agreement. The blanket bond then utilized by the Bank for lost,
stolen or destroyed Bonds by the Bank is available for inspection by the Issuer on request.
Section 4.07. Transaction Information to Issuer.
The Bank will, within a reasonable time after receipt of written request from the Issuer,
furnish the Issuer information as to the Bonds it has paid pursuant to Section 3.01, Bonds it has
delivered upon the transfer or exchange of any Bonds pursuant to Section 4.01, and Bonds it has
delivered in exchange for or in lieu of mutilated, destroyed, lost or stolen Bonds pursuant to
Section 4.06. The Bank shall also provide such informaton to the Issuer on an annual basis
without the necessity of the Issuer making a formal request.
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ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank.
The Bank undertakes to perform the duties set forth herein and in accordance with the
Bond Resolution and agrees to use reasonable care in the performance thereof. The Bank hereby
agrees to use the funds deposited with it for payment of the principal of , redemption premium,
if any, and interest on the Bonds to pay the Bonds as the same shall be come due and further
agrees to establish and maintain all accounts and funds as may be required for the Bank to
function as Paying Agent.
Section 5.02. Reliance on Documents. Etc.
(a) The Bank may conclusively rely, as to the truth of the statements and correctness of
the opinions expressed therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of judgement or any act or steps taken
or permitted to be taken in good faith, or for any mistake in law or fact, or for anything it may
do or refrain from doing in connection herewith, except for its own willful misconduct or
negligence.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
funds or otherwise incur any financial liability for performance of any or its duties hereunder,
or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing
that repayment of such funds or adequate indemnity satisfactory to it against such risks or
liability is not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, note, security, or other paper or documents believed by it to be genuine and to
have been signed or presented by the proper party or parties. Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Bonds, but is
protected in acting upon receipt of Bonds containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Owner or an attorney-in-fact
of the Owner. The bank shall not be bound to make any investigation into the facts or matters
stated in a resolution, certificate, statement, instrument, opinion, report, notice, direction,
consent, order, note, security or other paper or document supplied by Issuer.
(e) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
(t) The Bank may consult with counsel, and the advice of such counselor any opinion
of counsel shall be full and complete authorization and protection with respect to any action
taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
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Section 5.03. Recitals of Issuer.
(a) The recitals contained herein and in the Bonds shall be taken as the statements of the
Issuer, and the Bank assumes no responsibility for their correctness.
(b) The Bank shall in no event be liable to the Issuer, any Owner or Owners or any
other Person for any amount due on any Bond.
Section 5.04. May Hold Bonds.
The Bank, in its individual or any other capacity, may become the owner or pledgee of
Bonds and may otherwise deal with the Issuer with the same rights it would have if it were not
the Paying Agent/Registrar, or any other agent.
Section 5.05. Money Held by Bank.
(a) Money Held by the Bank hereunder need not be segregated from any other funds
provided appropriate accounts are maintained.
(b) The Bank shall be under no liability for interest on any money received by it
hereunder.
(c) To the extent permitted by law, any money deposited with the Bank for the payment
of the principal, redemption premium, if any, or interest on any Bond and remaining unclaimed
shall be held by the Bank until such time as the Bank is authorized under the laws of Florida to
escheat such moneys to the State of Florida.
Section 5.06. Mergers or Consolidations.
Any corporation into which the Bank, or any successor to it in the trusts created by this
Agreement, may be merged or converted or with which it or any successor to it may be
consolidate, or any corporation resulting from any merger, conversion, consolidation or tax-free
reorganization to which the Bank or any successor to it shall be a party shall be the successor
Bank under this Agreement without the execution or filing of any paper or any other act on the
part of any of the parties hereto, anything herein to the contrary notwithstanding.
Section 5.07. Interpleader.
The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim,
demand, or controversy over its persons as well as funds on deposit, waive personal service of
any process, and agree that service of process by certified or registered mail, return receipt
requested, to the address set forth in Section 6.03 hereof shall constitute adequate service. The
Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any
court of competent jurisdiction to determine the rights of any person claiming any interest
herein.
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ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment.
This Agreement may be amended only by an agreement in writing signed by both of the
parties hereof.
Section 6.02. Assienment.
This Agreement may not be assigned by either party without the prior written consent
of the other.
Section 6.03. Notices.
Any Request, demand, authorization, direction, notice, consent, waiver or other
document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall
be mailed first class postage prepaid or hand delivered to the Issuer or the Bank, respectively,
at the addresses shown below:
(a) If to the Issuer: City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fl 33444
Attention: Finance Director
(b) If to the Bank: Comerica Bank & Trust, FSB
5401 N. Federal Highway
Fort Lauderdale, Florida 33308
Attention: Corporate Trust Department
Section 6.04. Effect of Headings.
The Article and Section headings herein are for convenience only and shall not affect the
construction hereof.
Section 6.05. Successors and Assigns.
All covenants and agreements herein by the Issuer shall bind its successors and assigns
whether so expressed or not.
Section 6.06. Severability.
In case any provision herein shall be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
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Section 6.07. Benefits of Agreement.
Nothing herein, express or implied, shall give to any Person, other than the parties hereto
and their successors hereunder, including the Bond Insurer (as such term is defined in the Bond
Resolution) any benefit or any legal or equitable right, remedy or claim hereunder.
Section 6.08. Entire Agreement.
This Agreement and the Bond Resolution constitute the entire agreement between the
parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists
between this Agreement and the Bond Resolution, the Bond Resolution shall govern.
Section 6.09. Counterparts.
This Agreement may be executed in any number of counterparts, each which shall be
deemed an original and all of which shall constitute one and the same Agreement.
Section 6.10. Termination.
(a) This Agreement will terminate on the date of final payment by the Bank issuing its
checks for the final payment of principal and interest of the Bonds.
(b) This Agreement may be earlier terminated with or without cause upon 60 days
written notice by either party. Upon such termination, the Issuer reserves the right to appoint
a successor Paying Agent and Registrar. If such appointment is not made within sixty (60) days
from the date of written notice, the Bank shall have the right to petition a court of competant
juridiction to appoint a successor Paying Agent and Registrar and upon such appointment the
Bank shall deliver all records and any unclaimed funds to the Issuer without a right of setoff for
any fees, changes or expenses due to the Bank. However, the Bank is entitled to payment of
all outstanding fees and expenses before delivering records to the Issuer. In the event this
Agreement is terminated by giving written notice, then the Bank agrees, upon request by the
Issuer, to give notice by first-class mail to all registered holders of the name and address of the
successor Paying Agent and Registrar. Expenses for such notice shall be paid by the Issuer.
Any successor Registrar and Paying Agent appointed by the Issuer shall be either a
national or state banking institution or trust company, and shall be a corporation organized and
doing business under the laws of the United States of America or of any state, authorized under
such laws to exercise trust powers, subject to supervision or examination by federal or State of
Florida authority, and registered with the Securities and Exchange Commission.
(c) The provisions in Article Five shall survive, and remain in full force and effect
following the termination of this Agreement.
Section 6.11. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Florida.
10
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
_ day of , 1994.
CITY OF DELRA Y BEACH, FLORIDA
Attest: Title:
Clerk
Approved as to form and Correctness:
City Attorney
COMERICA BANK & TRUST, FSB
Title: Carol A. Culler
Assistant Vice President
Attest:
Title: Gerald L. Price Jr.
Vice President
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ANNEX A
Fee for services as Paying Agent and Registrar:
Annual Fee: $500.00.
Plus: $0.50 per note at maturity
$0.25 per registered interest check
$0.25 per certificate issued and cancelled
Fee includes all customary services and typical expenses. Out of pocket expenses at cost.
12
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (11- l
SUBJECT: AGENDA ITEM # 80 - MEETING OF APRIL 1 9 . 1994
TEMPORARY USE PERMIT/600 BLOCK ASSOCIATION
DATE: APRIL 15, 1994
This is before the Commission to approve a Temporary Use Permit for
the 600 Block Association fundraising event Saturday, May 7 from
10:00 a.m. to 7:00 p.m. in the 600 block of West Atlantic Avenue.
The merchants are requesting to block off S.W. 7th Avenue from
Atlantic Avenue to S.W. 1st Street for a Fun Bus. There will be
clowns, face painting, cookout, and flea market-type sales. Parking
will be available on the vacant lots. Other property owners facing
this section of S.W. 7th Avenue have been contacted and they have no
objection to this request.
Recommend approval of a Temporary Use Permit for the 600 Block
Association fundraising event Saturday, May 7, 1994.
,
I
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-
,
. Agenda I tem No.: g.O
I "GENnA R.EQUES~
Date: 4/13/94
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 4/19/94
Description of agenda item (who, what, where, how much):
Fundraiser for the 600 Block Associ ation
May 7. 1994
10:00 am - 7:00 pm
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: Q~I~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
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- . . .
MEMORANDUM
TO: DAVID T. HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: 600 BLOCK ASSOCIATION - TEMPORARY USE PERMIT
DATE: APRIL 14, 1994
ITEM BEFORE THE COMMISSION:
City Commission approval is requested for a temporary use permit
per Section 2.4.6(H) of the LDR's for a fund-raising event for
the 600 Block Association.
BACKGROUND:
The 600 Block Association would like to hold a fund-raising event
on Saturday, May 7th from 10:00 am - 7:00 pm in the 600 block of
West Atlantic Avenue. They are requesting permission to block off
the first block of SW 7th Avenue, from Atlantic Avenue to 1st
Street, for a Fun Bus. There will be clowns, face painting,
cookout and flea market-type sales. Parking will be available on
the vacant lots.
RECOMMENDATION:
Staff recommends City Commission approval for this fund-raising
event for the 600 Block Association on May 7, 1994.
LB:DQ
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DELRAY BEACH
f lOR I D " 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
bed
A11.America City
, t II I! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: Jl>Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MTG., APRIL 14, 1994
CARNIVAL PROPOSAL - PROJECT GRADUATION
DATE: April 15, 1994
BACKGROUND
Based on the verbal commitment given to Ms. Boylan by City
Commission last week, I have been working with staff and Ms.
Boylan to try to secure a suitable site for the carnival.
I have reviewed the possibility of utilizing Old School Square
with Joe Gillie and Alan Armour. Unfortunately, on the dates
proposed for the carnival (April 27-May 1) , a play is being
performed at Old School Square by the Caldwell Theater, and on
April 30th a Bar Mitzvah is scheduled. The carnival would
interfere with these activities. In addition, during
discussions with the carnival broker, it was determined that an
asphalt surface is needed for the rides.
We also reviewed the proposed Veterans' Park site. Attached is
a memorandum from Mr. Weldon which outlines the reasons why
staff feels this is not a good location. Among other things, we
would have to close down the Adult Center and park, and he
thinks we would have a parking problem.
I have also reviewed the possibility of other sites with Ms.
Boylan, which included the high school, the property across from
the high school, the old Ames parking lot on Military and
Atlantic, and the Delray Mall. Ms. Boylan has indicated that
the School Board will not give permission to hold a carnival on
the school site and she didn't feel that this site, or the
property across the street, provided adequate visibility to
allow them to make enough money. The property representative
for the Ames parking lot has indicated that they would not be
able to accommodate the request because the property is in the
process of being sold.
THE EFFORT ALWAYS MATTERS 9'P
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Agenda Item #
Carnival Proposal - Project Graduation
Page 2
Ms. Boylan indicated that she did talk to the Delray Mall
Manager, Mr. Eudy, and that the mall was willing to hold the
event there. However, the charge for its use would be $2,000,
which would cut into the profit margin of Project Graduation. I
have not been able to verify this information with Mr. Eudy. If
this site was selected and Commission wished to fund the fee,
funding is available in account #001-1802-512.48-90,
Administrative Services "Other Promotional Costs."
Other sites reviewed by staff include:
1. A portion of the Chamber of Commerce parking lot.
2. The parking lot we recently let the Kiwanis use at S.E.
3rd Avenue and S.E. 1st Street.
3,. N.E. 3rd Avenue along the railroad and the back parking
lot, north of the garage, behind the steak house.
I have not, at the time of this writing, been able to discuss
these sites with Ms. Boylan, but based on our previous site
discussions, would presume that their order of preference would
be as follows:
1. Delray Mall
2. Chamber of Commerce Parking Lot
3. Area along railroad (N.E. 3rd)
I think visibility at the lot the Kiwanis used,would not be
adequate. I will continue to try to make contact with Mr. Eudy
to verify mall requirements, as well as Ms. Boylan to discuss
other alternate sites on City property.
RECOMMENDATION
Consider approval of a site for the proposed carnival for
Project Graduation from April 27th to May 1st, with the approval
contingent on submittal of property owner approval (if needed) ,
certificate of liability insurance, and site plan layout.
RAB:kwg
Attachment
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[ITY DF DELHAY BEA[H
100 N.W. 1st .c..VENUE .. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
AlI-an.tcaClly
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1993
MEMORANDUM
TO: Robert Barcinski
Assistant city Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Atlantic High School's Use of Veterans Park for a Carnival
DATE: April 15, 1994
As you are aware, Atlantic High School has requested, among other
places, the use of Veterans Park from April 27 - May 1, 1994 for a
carnival. I strongly recommend that Veterans Park not be used for the
following reasons:
1.) They indicated the carnival would include rides, booths, etc. and
would be set up in the parking lot. Where are the people supposed to
park???
2. ) I would have to cancel all the activities for the senior citizens
at the Adult Center over a 5 day period since there would be no parking
available for any activities. Attached please find a schedule of
activities presently scheduled at the Adult Center during this time
period. It is unfair to expect the seniors to cancel or relocate their
activities on such short notice.
Parks and Recreation
Ref:rbahscar
@Pr!!w'(j F,'ccyc/C(j Paper THE EFFORT ALWAYS MATTERS
,
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SCHEDULE OF ACTIVITIES AT ADULT CENTER
APRIL 27 - MAY 1, 1994
April 27, 1994
Yoga Class
Duplicate Bridge
Shuffleboard Tournament
Democratic Club Meeting
Lawn Bowling
April 28, 1994
Art Class
Bridge Class
Senior Bridge Game
Clogging Class
Lawn Bowling
April 29, 1994
Yoga Class
Line Dancing Class
Chess Class
Taw Kwan Do Class
Lawn Bowling
April 30, 1994
Dance Class
Tae Kwan Do Class (2)
Bridge Class
Lawn Bowling
May 1, 1994
Senior Bridge Game
Lawn Bowling
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (1" I
SUBJECT: AGENDA ITEM :It CJA - MEETING OF APRIL 1 9 . 1994
CONDITIONAL USE/LITTLE LEE DAY CARE CENTER
DATE: APRIL 15 I 1994
This is before the Commission to consider Conditional Use request
from the Little Lee Christian Academy to establish a child day care
center at 206 S.W. 13th Avenue.
The development proposal involves the conversion of an existing 2,407
square foot single family home to a child day care center accommoda-
ting 52 children. The proposed improvements include a 163 square
foot building addition, the construction of a nine-space paved
parking lot along with a child drop-off area. The rear and side
yards will be utilized for required play areas.
This request has been approved by the Commission twice before, but
the Conditional Use was never established and the approval lapsed.
The applicant has been through the bui lding permi t process and now
has financing available to construct the improvements.
The Planning and 30ning Board will review thio item at ito meeting of
April 18, 1994, and its recommendation and comments will be presented
at the April 19th City Commission Meeting.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
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THRU: DIAN .... INGU , OIR TO
DEPARTMENT OF PLANNI AND ZONING
FROM:
SUBJECT: MEETING OF APRIL 19, 1994
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A CHILD DAY CARE CENTER (LITTLE LEE
CHRISTIAN ACADEMY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a child
day care center with a capacity of 52 children.
The subject property is located on the west side of S.W.
13th Avenue, approximately 57 feet south of S.W. 2nd
Street.
BACKGROUND:
The development proposal involves the conversion of an existing
2,407 sq. ft. single family home to a child day care center
accommodating 52 children. The proposed improvements include a
163 sq. ft. building addition; the construction of a 9-space
paved parking lot along with a child drop-off area. The rear
and side yards will be utilized for required play areas.
A similar conditional use request approved by the City
Commission on April 24, 1990. The conditional use was never
established and the approval lapsed on October 24, 1991.
Subsequently, the applicant re-applied for conditional use
approval at the same location. On March 24, 1992, the City
Commission approved the conditional use request. Again, the
conditional use was never established and the approval lapsed on
September 24, 1993. The applicant has been through the
building permit process and now has financing available to
construct the improvements. An analysis of the request is found
in the attached Planning and Zoning Board Staff Report.
.
City Commission Documentation
Meeting of April 19, 1994
Little Lee Christian Academy (Child Care Center) -
Conditional Use Approval
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of April 18, 1994. The Board's recommendation and
comments will be presented at the April 19th City Commission
meeting.
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish a
child care center (Little Lee Christian Academy) based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations and the policies
of the Comprehensive Plan.
Attachment:
* P&Z Board Staff Report and Documentation of April 18, 1994
JC/CCDAY.DOC
.
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- ST AFF REPORT ---
MEETING DATE: April 18, 1994
AGENDA ITEM: V.B.
ITEM: Conditional Use Approval for Little Lee Day Care Center
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GENERAL DATA:
Owner.........................Rev. Leonard' Mearlene Josey
Agent. . . . . . . . . . . . . . . . . . . . . . . . . Same as above.
Location......................On the west side of S.W. 13th
Avenue, between S.W. 2nd Street and
S.W. 3rd Street.
Property Size.................0.32 Acres
City Land Use Plan............Low Density (0-5 du/acre)
City Zoning...................R-IA (Single Family Residential)
Adjacent Zoning............~..North: R-IA
East: R-IA
South: R-IA
West: R-IA
Existing Land Use.............Single Family Residence.
Proposed Land Use.............Establishment of a child care
facility and attendant parking.
Water Service.................Existing on site.
Sewer Service.................Existing on site.
V.B.
.
I T E M BEFORE THE BOA R D :
The action before the Board is that of making a
recommendation to the City Commission on a request for
Conditional Use and sketch plan approval for child day
care center (Little Lee Christian Academy), pursuant
to Section 2.4.5(E).
The subject property is located on the west side of
s.w. 13th Avenue, approximately 57 feet south of S.W.
2nd Street.
BACKGROUND:
The existing single family home was constructed in 1955. Two
additions were constructed in late 1989. On April 24, 1990, the
City Commission approved a Conditional Use request for a child
care center. The conditional Use was never established and the
approval lapsed on October 24, 1991. Subsequently, the
applicant re-applied for conditional use approval at the same I .,
location. On March 24, 1992, the City Commission approved the
conditional use request. Again, the conditional use was never
established and the approval lapsed on September 24, 1993. The
applicant has been through the building permit process and now
has financing available to construct the improvements.
PRO J E C T DES C RIP T ION :
The development proposal involves the conversion of an existing
2,407 sq. ft. single family home to a child day care center
accommodating 52 children. The proposed improvements include a
163 sq. ft. building addition; the construction of a 9-space
paved parking lot along with a child drop-off area. The rear
and side yards will be utilized for required play areas.
CON D I T ION A L USE A N A L Y S I S .
.
IFUTURE LAND USE MAP I The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
The subject property has a Future Land Map designation of
Low Density Residential (0-5 units per acre) and a R-1A
(Single Family Residential) zoning designation. The R-1A
zone district is consistent with the Low Density
Residential land use map designation. Within the R-IA zone
district a child day care center is allowed as a
Conditional Use [ref. LDR Section 4.4.3(D)(1)]. Based upon
the above, it is appropriate to make a positive finding
with respect to the Future Land Use Map.
.
P & Z Board Staff Report
Little Lee Christian Academy (Child Day Care Center) -
Conditional Use Approval
Page 2
I CONCURRENCY I Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water:
A 2" main exists along the east side of S.W. 13th Avenue. Per
the water atlas this 2" main ends at the center of the property.
The existing water main has been determined by the Utilities
Department to be sufficient to serve this property.
Fire suppression in this area is insufficient as the fire
hydrant spacing exceeds the minimum residential spacing of 500'.
In order to provide adequate fire suppression for this facility,
a fire hydrant is to be placed on the 6" main at the northeast
corner of S.W. 13th Avenue and S.W. 2nd Street. The hydrant has
been shown on the engineering plan.
Sewer:
Sewer service exists to the site from the 8" sewer main within
S.W. 13th Avenue. An IPP (Industrial Pretreatment Program)
manhole and grease trap are required. These items have been
shown on the engineering plan.
Drainage:
A drainage plan has been submitted indicating that drainage will
be retained on-site via an exfiltration system. There will be
no negative impacts with respect to this level of service
standard.
Streets and Traffic:
A Traffic Impact Study was prepared indicating that the proposed
child care center will generate 190 average daily trips. The
traffic generated by this development will not have an adverse
impact on level of service standards. Based upon the above, a
positive finding with respect to traffic concurrency can be
made.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to this level of service standard.
.
P & Z Board Staff Report
Little Lee Christian Academy (Child Day Care Center) -
Conditional Use Approval
Page 3
Solid Waste:
Trash generated by the proposed use can be easily accommodated
by the existing facilities. Thus, there will not be a
significant impact with respect to this level of service
standard.
I CONSISTENCY I Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable objectives
and policies were found.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E) (5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
The use will not be incompatible with the surrounding
residential properties if adequate buffers are provided for the
outdoor play area and parking areas. The play areas are
surrounded with a 6' high fence as required pursuant to Section
4.3.3(E) (3). The parking area is to be screened with a minimum
of 5' wide landscape strips along with hedging and trees every
25 feet. The architecture of the structure will be residential
in character.
It is desirable that child care centers located within
residential neighborhoods should serve the needs of the
immediate neighborhood, thereby not attracting outside vehicular
traffic. No existing or proposed child care centers are located
within 2,000 feet of this proposed facility. The closest
facilities are located approximately 2,500 feet to the east
(Young Tiny Tots).
.
P & Z Board Staff Report
Little Lee Christian Academy (Child Day Care Center) -
Conditional Use Approval
Page 4
Based upon the lack of any child care centers within 2,500 feet
of the subject property, along with the high residential
population within this area, it appears there is a need for
additional facilities and that placement of a child care center
in this location would serve a neighborhood need. With the
installation of improvements as described in this report, the
proposed use should not have an adverse impact on the
surrounding neighborhood nor should it hinder development or
redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
If the Conditional Use is approved, a full site plan submittal
complying with the Land Development Regulations will be
required. Along with the Conditional Use request, a sketch plan
has been submitted. The following LDR requirements relate to
the proposed child day care center.
Pursuant to Section 4.3.3(E) (Child Care Facilities) the
following specific LDR requirements apply to the proposal.
Lot Area: The minimum lot area shall be 7,500 square feet.
This site contains 13,800 sq. ft.
Floor Area: Facilities shall contain a minimum floor area of 35
square feet per child, exclusive of space devoted to bathrooms,
halls, kitchen, offices, and storage.
The child care use will occupy a total of 2,670 square
feet. After subtractions of bathrooms, halls, kitchen,
office, and storage areas, the usable floor area is 1,833
sq. ft. This would allow 52 children, a maximum of 52
children has been proposed.
Outdoor Area: There shall be a minimum area of 75 square feet
of outdoor play area per child. The play area shall be located
on the same lot as the principal use and shall not be located in
the front yard setback or adjacent to any outdoor storage area.
The play area shall be surrounded by a six foot high wall or
fence.
The proposal has provided approximately 3,913 sq. ft. of
play area allowing a maximum of 52 children. The proposed
play area is not located in the 25' front setback or
adjacent to an outdoor storage area. The entire play area
is to be surrounded by a 6' high wood fence.
.
P & Z Board Staff Report
Little Lee Christian Academy (Child Day Care Center) -
Conditional Use Approval
Page 5
Loading Area: A pickup and drop off area for children shall be
provided in a convenient area adjacent to the building and shall
provide clear ingress and egress to the building.
A one-way internal drop off area is provided. The drop off
area is shown with approximately 64' of storage.
REV I E W B Y OTHERS:
The development proposal is not within a geographical area
requiring review by the DDA (Downtown Development Authority).
Community Redevelopment Aqency:
At its meeting of April 14, 1994, the CRA (Community
Redevelopment Agency) reviewed the Conditional Use request and
recommended approval.
Site Plan Review and Appearance Board:
If approval is granted for the Conditional Use, a full site plan
submittal will follow. Final action on the site plan submittal
rests with SPRAB (Site Plan Review and Appearance Board).
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. radius of the subject property. In addition, courtesy
notices have been sent to Zerlen Williams of Rosemont Gardens
Homeowner's Group. Letters of objection, if any, will be
presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION S :
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. As there are child care facilities located in the
immediate area, this facility will likely serve a neighborhood
need. This is desirable in that child care centers within
residential neighborhoods should not attract outside vehicular
traffic.
A L T ERN A T I V E ACT ION S :
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use and
sketch plan approval for Little Lee Christian Academy based
upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations
and the policies of the Comprehensive Plan subject to
conditions.
.
P & Z Board Staff Report
Little Lee Christian Academy (Child Day Care Center) -
Conditional Use Approval
Page 6
C. Recommend denial of the Conditional Use and sketch plan
approval for Little Lee Christian Academy based upon a
failure to make positive findings with respect to Section
2.4.5 (E)(5) (Compatibility) and Chapter 3, Section
3.1.1(C) (Consistency) of the proposed use with adjacent
land uses.
R E COM MEN D E D ACT ION :
Recommend approval of the request for Conditional Use
Modification and sketch plan approval for Little Lee Christian
Academy (Child Day Care Center) based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations and the policies of the Comprehensive
Plan.
Attachment: Sketch Plan
T:JC/PZCHILD
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~ 1
SUBJECT: AGENDA ITEM i 9~ - MEETING OF APRIL 19. 1994
ANNEXATION AGREEMENTS/NORTH FEDERAL HIGHWAY PROPERTIES
DATE: APRIL 15, 1994
Consider two annexation agreements for properties at 2399 and 2613
North Federal Highway.
The North Federal Highway Annexations and Agreements were before the
City Commission at the regular meeting of March 22, 1994. Three of
the agreements were not approved because of concerns that were
expressed by a representative of the property owners. These concerns
were addressed, and two of the executed agreements are now submitted
for Commission review.
Recommend approval of two annexation agreements for properties at
2399 and 2613 North Federal Highway.
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MBMORANDtJM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT IP
RE: ANNEXATION AGREEMENTS/NORTH FBDERAL HIGHWAY PROPERTIBS
DATE: APRIL 15, 1994
ITEM BBFORB THB COMMISSION:
Annexation agreements for two properties located on North Federal
Highway, pursuant to City Commission Direction.
BACKGROUND:
The North Federal Highway Annexations and Agreements were before
the City Commission at the regular meeting of March 22, 1994.
Three of the agreements were not approved because of outstanding
concerns that were brought forward by the Attorney representing
the property owners. Staff has since met with each of the three
property owners and have resolved their concerns. Two of the
executed agreements are, therefore, submitted for City Commission
approval. The third will be scheduled as soon as the executed
document is received.
RBCOMMENDATION:
Staff is recommending City Commission approval of the Annexation
Agreements as submitted for properties addressed as 2399 and 2613
North Federal Highway.
LB:DQ
Attachments
DQ2
Annex.LB
.
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, entered into on this day of
, 1994, by and between the CITY OF DELRAY BEACH,
("City"), a Florida municipal corporation located in Palm Beach
County, Florida, and Mary F. Menchel, ("OWner").
WIT N E SSE T H:
WHEREAS, the OWner consists of the record title holder of
the property that is the subject of this Annexation and
Development Agreement ("The Agreement" ) , which property is
legally described in Exhibit "A", which is attached hereto and
incorporated herein by reference; and
WHEREAS, it is the desire of the City to annex that
property and facilitate its development, pursuant to the terms
and conditions of this Agreement; and
WHEREAS, OWner has or will perform and execute all acts
required by law to effectuate that annexation; and
WHEREAS, that the property is situated in the unincor-
porated area of Palm Beach County and is contiguous to the
incorporated territory of the City; and
WHEREAS, the City Commission of the City of Delray Beach
has considered the annexation of the subject property; and
WHEREAS, the current use of the property is classified as
commercial retail and antique shops with some outdoor weekend
flea market vendors which are presently allowed as permitted
uses pursuant to the City's Land Development Regulations, and
.
it is the intent of the parties that the current uses may
continue as permitted uses, pursuant to the City's Land
Development Regulations, without any further approval by the
City; and
WHEREAS, it is the desire of the City and the Owner that
the development of the subject property proceed subject to the
ordinances, codes and regulations of the City.
NOW THEREFORE, in consideration of the premises and the
mutual promises and agreements set forth below, the parties
agree as follows:
1- Annexation. The City agrees to annex the property
described in Exhibit "A" upon the terms and conditions set
forth in this Agreement. City staff shall recommend to the
City Commission that the above-referenced property be annexed
to the City with an initial zoning designation of GC (General
Commercial) and a Future Land Use Map designation of GC
(General Commercial).
2. Use of Property. The City agrees to permit the
current uses of the property which consist of retail merchant
use, antique shop use, and outdoor weekend flea market vendors
as permitted uses pursuant to the City's Land Development
Regulations, without any further approval by the City.
3. Compliance with the City's Landscape Code. Within 12
months of the effective date of the annexation ordinance, the
Owner agrees to comply with the City's landscape code by taking
the following measures:
2
.
a. Provide a five foot perimeter landscape buffer
along property adjacent to Federal Highway,
b. Submit and complete the installation of a
landacape plan to include required shade trees at the
south and north ends of the property along Federal
Highway, hedge material at two feet in height, and
appropriate ground cover, and
c. Provide sod and irrigation within the utility
strip along the front of the property.
The City agrees to not require Owner to install a tree in the
center area which could block visibility of the building. The
implementation of the landscape plan will reduce the accessway
to the required 24 foot width.
4. Compliance with the City's Occupational License Fees.
The Owner understands that each business operator of leased
space on the property, including the Owner, shall pay to the
City the annual occupational license fee of $80.00 no later
than september 30th of the year in which the property is
annexed, and by September 30th each subsequent year. For
subsequent years, the amount to be collected as an occupational
license fee may be amended pursuant to the passage of City
ordinances which may amend the present fee schedule. The City
agrees that it shall provide the necessary exemptions to the
payment of the occupational license fee pusuant to Section
110.14 of the City's Code of Ordinances, as amended, for any
disabled or aged individual, or widows with minors as contained
in Section 110.14 of the City's Code.
3
.
5. Storm Water Assessment. Owner agrees to pay the
annual Storm Water Assessment fee which is currently $327.15
per year. The Owner acknowledges that the City may either
increase or decrease the fee annually.
6. Future On-Site Improvements. The Owner agrees that
future development, redevelopment, or improvement of the
property described in Exhibit "A", shall comply with City
development procedures and regulations.
7. Removal of Development Conditions. Failure of the
property owner to comply with the provisions of Paragraphs 3
and 4 of this Agreement shall result in those provisions being
of no further force and effect. The Owner agrees that if it
has not come into compliance within the 12 months of the
effective date of the annexation ordinance, that it will be
responsible for complying with the existing standards and
regulations as contained in the City's current sign and
landscape code.
8. Enforcement of Aqreement. The parties further agree
that the Owner or the City, either in law or in equity, by
suit, action, mandamus or other proceeding, may enforce or
compel the performance of this Agreement.
9. Successors and Assiqns. This Agreement shall be
binding on the OWner, and its successors and assigns.
10. Connection Fees. Owner acknowledges that the City
provides a reduced connection fee for water and sewer services
for a ninety (90) day period after receiving notice the water
and sewer service is available. The City shall provide notice
4
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to the Owner of the availability of water and sewer services no
earlier than October 31, 1995. The reduced fees for sewer
connection are:
3/4" meter $ 250.00
1" meter 417.50
1 1/2 " meter 832.50
2" meter 1,332.50
The reduced fees for water service connection are:
3/4" meter $ 965.00
1" meter 1,483.85
1 1/2 " meter 2,226.15
2" meter 4,351. 15
10. Notice. Any notices required pursuant to this
Agreement shall be sent certified via U. S. mail to the
following addresses:
To City: David Harden, City Manager
City of Delay Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Owner: Mary F. Menchel
245 Lake Eden Way
Delray Beach, FL 33444
11. Severability. It is further agreed that several
provisions of this Agreement shall be separable, and that if
any court of competent jurisdiction shall adjudge the pro-
visions of this Agreement to be invalid or in unenforceable,
that judgment shall not effect the validity or enforceability
of any other provision of this Agreement.
12. Entire Aqreement. This Agreement constitutes the
full and complete understanding between the parties hereto, and
5
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no other oral representations have been made. No modification
or change to this Agreement shall be valid or binding upon the
parties unless in writing executed by the parties to be bound
thereby.
13. Amendments. It is further agreed that this Agreement
may be amended by the mutual consent of the parties by the
adoption of any amendment by the City amending the terms of
this Agreement, and the acceptance of same by the Owner.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
WITNESSES: By X/ ~/).-<:.> .. ~-t:;'O o:{ .
1_~ \
~~ ~ --.,
I l-u/~/ ;6uiLEt2- Mary F. hel
(Print or Type Name)
(Print or Type Name)
STATE OF -::r , 0 (2, D ft
COUNTY OF P fl t m B~ If
The foregoing instrument was acknowledged before me
this , ath day of Ap~; L ,~by
6
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ffiQ1LL\-m. ro~nLh-eL (name of person acknowledged),
who is personally known to me or has produced ~
~g4..5t13...a8'-&Oq 0 (type of identification) as
identification and who did (did not) take an oath.
,-~.~)y~
Signa ure f Person Taking
,_,,It''i.,,,;, Acknowledgment
~'\''\NNE Me/"",,,
,:$- ~~ ....... o~ '" "N .Dlkre~ll..e
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= :~~ ~~~:: Name of Acknowledger
=*: ..... :*= Printed or Stamped
- . . -
~~ ~ ICC 295~1 :i!~ -
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7
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EXHIBIT A
Lot 37, less westerly 225 feet thereof and all of Lot 38,
Delray Beach Estates as recorded in Plat Book 21, Page 13 of
the Palm Beach County Records.
O%d. \.1-94
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ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, entered into on this day of
, 1994, by and between the CITY OF DELRAY BEACH,
("City"), a Florida municipal corporation located in Palm Beach
County, Florida, and Richard C. Catapane and Dorothy M.
Catapane, ( "Owner" ) .
WIT N E SSE T H:
WHEREAS, the Owner consists of the record title holder of
the property that is the subject of this Annexation and
Development Agreement ( "The Agreement"), which property is
legally described in Exhibit "A", which is attached hereto and
incorporated herein by reference; and
WHEREAS, it is the desire of the City to annex that
property and facilitate its development, pursuant to the terms
and conditions of this Agreement; and
WHEREAS, Owner has or will perform and execute all acts
required by law to effectuate that annexation; and
WHEREAS, that the property is situated in the unincor-
porated area of Palm Beach County and is contiguous to the
incorporated territory of the City; and
WHEREAS, the City Commission of the City of Delray Beach
has considered the annexation of the subject property; and
WHEREAS, the current use of the property is classified as
general retail merchant and a single family residence which are
presently allowed as permitted uses pursuant to the City's Land
Development Regulations, and it is the intent of the parties
that the current uses may continue as permitted uses, pursuant
to the City's Land Development Regulations, without any further
approval by the City; and
WHEREAS, it is the desire of the City and the Owner that
the development of the subject property proceed subject to the
ordinances, codes and regulations of the City.
NOW THEREFORE, in consideration of the premises and the
mutual promises and agreements set forth below, the parties
agree as follows:
1. Annexation. The City agrees to annex the property
described in Exhibit "A" upon the terms and conditions set
forth in this Agreement. City staff shall recommend to the
City Commission that the above-referenced property be annexed
to the City with an initial zoning designation of GC (General
Commercial) and a Future Land Use Map designation of GC
(General Commercial).
2 . Use of Property. The City agrees to permit the
current uses of the property which consist of a retail merchant
use, antique sales, outdoor weekend flea market vendors, and an
accessory single family residence as permitted uses pursuant to
the City's Land Development Regulations, without any further
approval by the City.
3 . Compliance with City Sign Code. Owner agrees that
within 180 days from the effective date of the City's ordinance
which annexes the property, it shall comply with the City's
sign code by removing the existing signage attached to the
2
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north and south sides of the perimeter fence. Owner further
agrees to relocate to the existing free-standing sign in
conformity with the City's setback requirements when the Owner
decides to replace the existing free-standing sign structure.
4. Compliance with the City's Landscape Code. Within
twelve (12) months of the effective date of the annexation
ordinance, the Owner agrees to comply with the City's landscape
code by taking the following measures:
a. Weeding and clean-up of the existing landscape
area within the frontage along Federal Highway,
b. Enhancing the frontage along Federal Highway by
planting additional bougainvilla plants within the
existing landscape area in order to provide sufficient
screening of the parking lot from the roadway,
c. Planting three trees of the Owner's choice
within the frontage along Federal Highway at 30 feet on
center, and
d. Provide sod and irrigation within the utility
strip along the front of the property.
e. The existing perimeter fence is allowed to
remain and be maintained in its current location.
s. Compliance with the City's Occupational License Fees.
The Owner understands that each business operator on the
property shall pay to the City one annual payment for the
occupational license fee. The first such payment shall be due
no later than September 30th of the year in which the property
is annexed, and by September 30th each subsequent year. The
3
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occupational license fee for the Antique Shop is $80.00 per
year. For subsequent years, the amount to be collected as an
occupational license fee may be amended pursuant to the passage
of City ordinances which may amend the present fee schedule.
6 . Storm Water Assessment. Owner agrees to pay the
annual Storm Water Assessment fee which is currently $175.86.
The Owner acknowledges that the City may either increase or
decrease the fee annually.
7 . Future On-Site Improvements. The Owner agrees that
future development, redevelopment, or improvement of the
property described in Exhibit "A", shall comply with City
development procedures and regulations.
8. Removal of Development Conditions. Failure of the
property owner to comply with the provisions of Paragraphs 3
and 4 of this Agreement shall result in those provisions being
of no further force and effect. The Owner agrees that if it
has not come into compliance within the twelve (12) months of
the effective date of the annexation ordinance, that it will be
responsible for complying with the existing standards and
regulations as contained in the City's current sign and land-
scape code.
9 . Connection Fees. Owner acknowledges that the City
provides a reduced connection fee for water and sewer services
for a ninety (90) day period after receiving notice the water
and sewer service is available. The City shall provide notice
to the Owner of the availability of water and sewer services no
4
.
. ,
earlier than October 31, 1995. The reduced fees for sewer
connection are:
3/4" meter $ 250.00
I" meter 417.50
1 1/2 " meter 832.50
2" meter 1,332.50
The reduced fees for water service connection are:
3/4" meter $ 965.00
I" meter 1,483.85
1 1/2 " meter 2,826.15
2" meter 4,351.15
10. Enforcement of Aqreement. The parties further agree
that the Owner or the City, either in law or in equity, by
suit, action, mandamus or other proceeding, may enforce or
compel the performance of this Agreement.
11. Successors and Assiqns. This Agreement shall be
binding on the Owner, and their successors and assigns.
12. Notice. Any notices required pursuant to this
Agreement shall be sent certified via U.S. mail to the
following addresses:
To City: David Harden, City Manager
City of Delay Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Owner: Richard C. Catapane
2423 Timber Creek Circle
Boca Raton, FL 33431
13. Severability. It is further agreed that several
provisions of this Agreement shall be separable, and that if
any court of competent jurisdiction shall adjudge the
5
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provisions of this Agreement to be invalid or in unenforceable,
that judgment shall not effect the validity or enforceability
of any other provision of this Agreement.
14. Entire Aqreement. This Agreement constitutes the
full and complete understanding between the parties hereto, and
no other oral representations have been made. . No modification
or change to this Agreement shall be valid or binding upon the
parties unless in writing executed by the parties to be bound
thereby.
15. Amendments. It is further agreed that this Agreement
may be amended by the mutual consent of the parties by the
adoption of any amendment by the City amending the terms of
this Agreement, and the acceptance of same by the Owner.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
WITNESSES: ~) C~~
~~l- ~ Bt~1
0~- {J3~/tc~ ! Richard C. Catapane
(Print or Type Name) By: ~~
Dorothy . Catapane
(Print or Type Name)
6
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STATE OF B 0 R.-\ 0 1\
COUNTY OF :J2.9J m 13~( t~
The foregoing instrument was acknowledged before me
this I d. +11 day of HfR..~ L , Iqq~ by
_R\ r}\'~? 4) 0A-tY+r:pA1l-..Q (name of person acknowledged),
produced WI -J=-
who is personally known to me or has
C:s I$"- 7 Lf?:, - 3>"?- 377 ~ U (type of identification) as
identification and who did (did not) take an oath.
~1;1~g
. ,'\l\\\!lfIili! ACknow~~
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.'. -.\j , b ' tor;).. ~ Name of Acknowledger Typed,
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~J:"""S ~~~: Printed or Stamped
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7
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MEMORANDUM
..-
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJl(
SUBJECT: AGENDA ITEM ~ qtJ - MEETING OF APRIL 19. 1994
PALM BEACH COUNTY FUTURE LAND USE MAP AMENDMENT 94-1
DATE: APRIL 15, 1994
This is before the Commission to review and make formal comment to
Palm Beach County on a proposed amendment to the County's Future Land
Use Map.
The County is currently processing its Future Land Use Map Amendment
94-1. One request for a change is located within the City's planning
area. The property is a 5.38 acre site located on the east side of
Military Trail approximately 2,000 feet north of Lake Ida Road. The
request is for a change from County Residential MR-5 to CH (Commer-
cial High Intensity)
The proposed Commeroial. HiSh Intensity desisnation is inoonsistent
with the City's designation of Transitional and Rural Residential on
this property, and represents a significant encroachment of commer-
cial land use into a residential area.
Recommend the City Commission request the Board of County Commis-
sioners to deny petition No. 93-99 COM! on the basis that the
proposal is inconsistent with the City's advisory Future Land Use Map
designations and policies of the City's Comprehensive Plan.
f!latum td ~ Jdiv; ~
~-
5-0
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, -i"/
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f~J" !
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~~~~i~
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
~~~~~ ~~
FROM: PAUL DORLING, SE~OR PLANNER
SUBJECT: MEETING OF APRIL 19, 1994
REVIEW AND COMMENT ON PALM BEACH COUNTY FUTURE LAND
USE MAP AMENDMENT 94-1, PETITION #93-99 COM1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
making a formal comment to Palm Beach County regarding a
proposed amendment to the County's Future Land Use Map.
BACKGROUND:
As in the City, the County processes amendments to its Future
Land Use Map twice a year. Attached is a Planning and Zoning
Board report which addresses a proposed County amendment which
is located within the City's future annexation area. Given the
amendments location it is appropriate for the City Commission to
provide a formal position to the Board of County Commissioners.
PLANNING AND ZONING BOARD CONSIDERATION:
At the writing of this report the Planning and Zoning Board has
not yet reviewed the proposal. The Planning and Zoning Board is
scheduled to consider the request at its April 18, 1994 meeting.
A verbal report on the Board's recommendation will be provided
at the April 19, 1994 City Commission meeting.
RECOMMENDED ACTION:
By motion, request that the Board of County Commissioners DENY
petition #93-99 COM1 on the basis that the proposal is
inconsistent with the City's advisory Future Land Use Map
designations, and policies of the City's Comprehensive
Plan.
Attachment:
* Planning and Zoning Board staff report
a:delstor
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 18, 1994
AGENDA ITEM: Review and Comment on Palm Beach County
Future Land Use Map Amendment 94-1, Petition
*93-99 COM1
I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation to
the City Commission regarding a proposed amendment to the
County's Future Land Use Map. The amendment is within the City's
Planning Area.
Formal communication (on the amendment) should be between the
governing bodies (Le. City Commission to the Board of County
Commissioners).
B A C K G R 0 U N D:
The County is currently processing its Future land Use Map
Amendment 94-1. The County received one request for a Future
Land Use Map change which is located within the City's Planning
area. The amendment request (County amendment #93-99 COM1) is a
5.38 acre site located on the east side of Military Trail,
approximately 2,000 feet north of Lake Ida Road. The requested
Land Use Map change is from County Residential MR-5 (max of 5
u/ac) to CH (Commercial High Intensity).
The Future Land Use Map change is requested to legitimize an
existing 4.64 acre Delray Storage facility (currently
nonconforming under MR-5), will allow for a .74 acre site
expansion to the north, and future construction of additional
buildings. The Delray Storage facility stores trailers, campers,
and recreation vehicles both under roof and out in the open. The
use is currently nonconforming and can neither expand in building
square footage for site area.
A N A L Y S I s:
With the adoption of the City's Comprehensive Plan in 1990 the
City placed "advisory" land use designations of "Transitional"
and "Rural Residential" on this property. The "Transitional"
designation applies to approximately the west 273 feet of the
existing Delray Storage Facility. The balance of the existing
facility (east 331 feet) and the proposed expansion area to the
north ( .74 acres) have City Land Use designations of "Rural
Residential" (1 unit per 3 acres).
.
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P&Z Board Memorandum Staff Report
Comment on County Flum Amendment
Page 2
The "Transitional" land use designation allows land use types
ranging from single family, multi-family, office and neighborhood
commercial. A maximum of two acres of neighborhood commercial
uses are considered consistent under the Transitional land use
designation. The Rural Residential designation allows very low
residential development only. The proposed Commercial High
Intensity designation is inconsistent with each of these
designations, and represents a significant encroachment of a
commercial land use into a residential area.
The proposed amendment is also inconsistent with the following
City Comprehensive Plan Policies:
Future Land Use Element Policy A-l.6:
To encourage redevelopment of the City's Central Business
District, Future Land Use Amendments to Commercial
designations in the outlying areas of the City's Planning
area, shall not be accommodated.
Housinq Element Policy C-2.1:
Vacant land areas west of I-95, shown on the Future Land Use
Map as low density residential and rural residential, shall
be retained for single family detached housing or, low
density planned residential unit development.
Housinq Element Policy C-2.4:
Development of remaining vacant properties which are zoned
for residential purposes shall be developed in a manner
which is consistent with adjacent development regardless of
zoning.
R E C 0 M M E N D E D A C T I 0 N:
By motion, recommend to the City Commission that they request the
Board of County Commissioners DENY petition 4/:93-99 COM! on the
basis that the proposal is inconsistent with the City's advisory
Future Land Use Map designations, and policies of the City's
Comprehensive Plan.
Attachment: Location Map
Report Prepared by Paul Dorling, Senior Planner
a:countrev
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t/i'(
SUBJECT: AGENDA ITEM fi: 9F - MEETING OF APRIL 19 . 1994
CHANGE ORDER NO. 3/SWINTON AVENUE BEAUTIFICATION
DATE: APRIL 15, 1994
This is before the Commission to consider Change Order No. 3 to
American Lighting & Maintenance, Inc. , for an increase in the
contract amount of $3,597.95 for installation of 227 irrigation heads
in swale areas as part of the Swinton Avenue Beautification Project.
Funding for on-going maintenance and water usage is to be provided by
increasing the monthly water bill to the 44 affected properties by
$5.00 per water service meter.
Recommend approval of Change Order No. 3 to American Lighting and
Maintenance, Inc. to increase the contract in the amount of
$3,597.95, with funding for the installation of additional irrigation
heads to come from the Decade of Excellence Fund (Account No.
228-4141-572-61.48).
~ /-f~1
CIltLu.;Ol ~)
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CI\
[tv}
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR qS]
RE: SWINTON AVENUE BEAUTIFICATION - CHANGE ORDER # 3
DATE: APRIL 6, 1994
ITEM BEFORE THE COMMISSION
- -
Consideration of Change Order # 3 for Swinton Avenue Beautification, Project
No. 92-42 to American Lighting & Maintenance, Inc., to provide an increase
in the contract amount of $3,597.95 for the installation of 227 irrigation
heads to provide coverage to the sod within the swale areas.
BACKGROUND
The irrigation system for Swinton Avenue within the Historic Districts was
originally designed and approved to provide irrigation to the sod in the
swale areas. Later the City Commission had the heads that would cover the
grassed portion of the swales deleted. They were deleted since City codes
require the adjacent property owner to provide maintenance to the adjacent
swale area.
A mailing to property owners asking for their cooperation and commitment to
water did not elicit the response we had hoped for. Many people indicated
they had no automated systems for their own lawn and found it difficult to
extend systems.
On February 8, 1994 this item returned to the Commission for consideration
at which time we were seeking the implementation of a special assessment
district to offset the ongoing maintenance costs. The Parks Department
identified the additional cost as being $2,000 per year based on projected
weekly inspection time of 1 1/2 hours and replacement of damaged heads and
other normal repairs associated with the maintenance of such a system.
The City Commission denied the request due to concerns about the creation of
a special taxing district.
At this time we are again asking for consideration of the installation of
the additional irrigation heads to provide coverage to the swale areas but
with the cost of the maintenance to be added to the water bill for
properties which have not provided irrigation coverage.
In addition to the Parks Department's estimate for time and materials the
additional water usage has been figured in. There are 44 properties which
have new sod in their swales which can be covered by adding heads to the
City's existing system. Dividing the Park's Department's estimate of $2,000
1
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a year by 44 properties is $45.45 a year, or $3.78 per month. Adding to
this roughly a dollar per month per property for additional water usage,
the total increase to the monthly water bill would be $5.00 per water
service meter.
RECOMMENDATION
Staff recommends that the City Commission approve Change Order II 3 to
American Lighting and Maintenance, Inc. Project 92-452 to increase the
contract in the amount of $3,597.95 to provide additional irrigation heads.
The funding for the installation is to come from the Decade of Excellence
Fund # 228-4141-572-61.48. The funding for the additional maintenance and
water usage is to be provided by increasing the monthly water bill to
effected properties in the amount of $5.00 per month.
2
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. CXTY O~ DBLRAY BBACH
CHUGB ORDER TO ORXGDIAL CONTRACT
CHANGB NO. 3. PROJECT NO. 92-42 DATSa Februarv 8. 1994
..J.
PROJBCT TITLB a Swinton Avenue Beautification
TO CONTRACTORa American Liahtina Maintenance. Inc.
YOU ARB HEREBY REQUBSTBD TO MAKB THE FOLLOWING CHANGBS IN THB PLANS AND SPBCIFICATIONS FOR
THIS PROJECT AND TO PBRFORM THE WORK ACCORDINGLY, SUBJBCT TO ALL CONTRACT STIPULATIONS AND
COVBNMTS.
JUSTIFICATION a :
See attached COmmission back-up information for City commission Meeting.
SUMMARY OP CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT . $413,765.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 14,839.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $428.604.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 1,597.95
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $43'2,201.95
PER CBNT INCREASB THIS CHANGE ORDER 0.8 ,
TOTAL PER CENT INCREASE TO DATB 4.5'1, ,
BXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT ----9-- CALENDAR DAYS TO
Date
CERTIPIED STATEMENT. I hereby certify that the supporting cost data included is, in.y
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
~~ C'14'~ ~ SIGNATURE (CONSULTING ARCHITECT OR ENGINBER)
CO CTOR
(SEAL)
.
TO BB FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDBR
Environmental Services DeDartment
DBPARTMENT FUNDS BUDGETED CODE CERTIPIED BY
DELRAY BBACH, FLORIDA
By its City COmmission
RECOMMEND . By:
Project Manager Thomas B. Lynch, Mayor
ATTESr.. :
APPROVED: By:
City Attorney City Clerk
C0242201.NRN
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AMERICAN LIGHTING MAINTENANCE, INC.
1750 N. FLORIDA MANGO ROAD, SUITE 402 WEST PALM BEACH, FLORIDA 33409
PHONE (407) 689-4854 FAX (407) 689-5322
February 1, 1994
A. Grant Thornbrough & Associlltes
132 North Swinton Avenue
Dekay Beach, Florida 33444
Re: Swinton A venue BeautifICation
Project No. 92-42
Dear Mr. Thornbrough:
Pursuant to your request we hereby propose to furnish and install an additional 227
sprinkler heads at Phase I of the above referenced project, at ti,e unit cost of $15.85 each.
for a total of $3,597.95.
If this is acceptable please issue a change order at your earliest convenience.
Sincerely,
." AMERICAN LIGHTING MAINTENANCE, INe
1I-1J. ~~,
Howard L. Searcy, Construction Manager
HLS: pjn
cc: Mr. Jim Reynolds, Engineering Delray Beach
Russell E. White, VICe President A.L.M.l
File
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[ITY DF DELAAY BEA[H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.....
;Inr
1993
MEMORANDUM
TO: Lula Butler
Director of Community Improvement
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Irrigation
DATE: February 2, 1994
237 irrigation heads between S.W. 2nd Street and N.W. 4th Street would
require about one and one-half hours per week of visual inspection to
determine if all the irrigation zones are working properly (based on 7
heads per zone at 33 zones) . Obviously, repairs to the irrigation
heads and system would necessitate additional costs.
r~u~
JO' ~eldon
Di~~ctor of Parks and Recreation
JW: cp
Ref:lulairri
fA ~ C' :c; n \\ :7 Ie if\)
li 'b ~.__7 ~',~:J .-:.. !J_.~~'
FEB 3 1984
.JMMUNI;'l iM?b "" -
AW;~~'STDAT!GN
THE EFFORT ALWAYS MATTERS ~
.
. ....~ -
[IT' DF DELIA' BEA[H
DELRA v BEACH
, L 0 . I . 4
_ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
, , II r HBMORANDDH
1993
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT Vf?
RB: SWINTON AVBN'CJB BEAUTIFICATION PROJECT I ANNUAL MAINTENANCE
COST/ASSESSMBH'l' DISTRICT ANALYSIS
DATE: FEBRUARY 7, 1994
This memorandum is submitted as additional information to the
agenda item referenced above scheduled for tomorrow night's City
Commission meeting. The change order approval will allow the
installation of 227 heads to the existing sprinkler system
within the Historic District of Swinton Avenue, (South 2nd Street
to North 4th Street). According to the maintenance estimate
submitted by the Parks & Recreation Director in July, 1993 and a
reevaluation of the same, we estimate that the City will lncur
additional maintenance costs of approximately $2,000 per year.
This estimate is based on the projected weekly inspections,
replacement of damaged heads and normal repairs associated with
maintaining irrigation systems. The total cost of maintaining
all improvements within the district are estimated at $7,000
annually.
The Commission had discussed the creation of a special assessment
district to off-set the cost of maintaining the improvements to
Swinton Avenue. Considering the information provided by the
Planning Department, I have provided you with the taxable value
of properties located within the Historic District and affected
by this change order request. Based on my analysis of this
information, we might conclude that approximately $3,692 could be
generated annually if an assessment district was created and a
full mill was levied against properties within the Historic
District.
LB:DQ
DQ2
Swinton.LB
~ THE EFFORT ALWAYS MATTERS
~ PrinltKI on Recycled Paper
.
r-
(" " . ~
A.GRANT mORNBROUG" AND ASSOCIATES
,
January 25, 1993
Lula Butler. Community Improvement Director
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach. Florida 33444
Dear Lula.
As we approach the sodding portion in Phase I of Swinton Avenue Beautification, we
would like you to consider and pass along' the following recommendation.
American Lighting and Maintenance Inc. will be ready to sod beginning the week of
January 31. After polling the property owners in this area we did not receive a large
respgnse indicating that they would irrigate their swale. Upon reviewing these
responses and after reviewing single family. multi-family and commerci~'properties for
irrigation in the swale. we believe it is to the City's advantage to provide the irrigation
that is planned for but not being operated in Phase I.
".
Doing so would provide a guaranteed unified swale in the historic district. This is the
. only opportunity to provide such a service that would greatly enhance the project.
Besides creating continuity in the swale it would also give the initial project area a
boost to encourage other properties along Swinton Avenue to take pride and interest
in the beautification.
Otherwise we will be faced with a unnecessary patchwork of Bahia sod (in the non-
irrigated areas) and St. Augustine 'Floratam' (in the irrigated areas). Following is an
update on the irrigation system as it exists on the plans:
S. 2nd to S. 1 st -
* 1 /4 of block irrigation system installed but not operable
3/4 of block irrigation system installed and operable
S 1 st to Atlantic
irrigation system installed and operable
Atlantic to N. 1 st
no irrigation required -
Landscape Afchitecture
and Land Planning
. 132 North Swlnlon AVtj(MJtJ
Delrov Beach. Fl 33444
l""/) 'J/6 ~c.o
Fox: ?7fl8777
.
.--. --
i
-N. 1 st to N. 2nd
irrigation system installed but not operable
-N. 2nd to N. 3rd
irrigation system installed but not operable
-N. 3rd to N. 4th
irrigation system installed but not operable
. .~ " . .. .
- indicates blocks where irrigation heads need to be installed to make system
operable.
We hope you will consider our recommendation to provide an operable irrigation
. system the entire length of Phase I of the Swinton Avenue Beautification Project.
Sincerely,
oq 11/ 1-- ^
A. Grant Thornbrough
A. Grant Thornbrough and Associates
.
-
cc: Naocy Davila, City Horticulturist
Jim Reynolds, Chief Design Engineer
City of Delray Beach
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (7v(
SUBJECT: AGENDA ITEM it 9G - MEETING OF . 1994
CHANGE ORDER NO. 4/SWINTON AVENUE BEAUTIFICATION
DATE: APRIL 15, 1994
This is before the Commission to consider approval of decrease Change
Order No. 4 in the amount of $871.50 to American Lighting & Mainten-
ance, Inc. , for the Swinton Avenue Beautification Project.
This Change Order is a net decrease result of certain field changes
authorized by either the Project Manager or Project Engineer. The
total additions as per exhibit "A" include $7,728.50, and credit due
to unavailability of coconut palms of $8,600.00, resulting in a net
deduction to the contract priqe of $871.50 (Account No. 228-4141-572-
61.48).
Recommend approval of decrease Change Order No. 4 .
~ 6'-0
.
.
.
,
, Agenda I tem No.:
'AGENDA REQues~
Date: 4/14/94
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 4/19/94
Descrigtion of agenda item (who, what, where, how much):
oaage Order #4 - Swinton Avenue Beautification
~ield changes - $871.50 (credit)
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: d~~~ ~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: 228-4141-572-61.48 (Af Qrplicable)
Account No. & Description: ro6 fM ]l:: g~/NTc>N Me-'O
Account Balance: "7_:-rSq'1. O/j"
City Manager Review: [?v/}
Approved for aqenda: &, NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN. CITY MANAGER P
THROUGH LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT (;1
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: SWINTON AVENUE BEAUTIFICATION - CHANGE ORDER # 4
ITEM BEFORE THE COMMISSION
- -
Consideration of approval of Change Order II 4 for Swinton Avenue
Beautification Project 92-42 which would result in a net decrease to the
contract in the amount of $871.50 to American Lighting Maintenance, Inc.
BACKGROUND
During the construction of the project certain field changes were required
that were authorized by either Nancy Davila, Project Manager or Jim
Reynolds, Project Engineer.
Total additions to the contract for Change Order # 4 amount to $7,728.50 per
item # 1-6 on the attached list. Except for the Jack & Boring, prices are
based on unit prices provided for such wortk in the contract. A deduction of
$8,600 was credited to the City as the Coconut Palms provided did not meet
the gray wood specifications due to unavailability.
The combined additions and deductions result in a net decrease to the
contract in the amount of $871.50.
RECOMMENDATION
Staff recommends approval of Change Order II 4 to American Lighting
Maintenance, Inc. which results in a net decrease to the contract in the
amount of $871.50
.
CITY OF DELRAY BEACH
CBJUfGB ORDER m ORIGINAL COH'rRA~
I
CHANGB NO. 4 PROJECT NO. 92-42 DATB. 4-13-94
PROJECT TITLE. Swinton Avenue Beautification
TO CONTRACTOR. American Lighting Maintenance, Inc.
YOU ARB HEREBY REQUESTED TO KAKB THE FOLLOWING CHAMOIS IN THB PLANS AND SPICIFICATIONS roR
THIS PROJECT AND TO PlRi'ORM THB WORK ACCORDINOLY, SUBJBCT TO ALL OONTRACT STIPULATIONS AND
COVENANTS. .
JUSTIFICATION. This change order is to cover certain field changes directed by either
Nancy Davila, Project Manager or Jim Reynolds, Project ~ngin~er during the ~ourse of the
work. Except for Jack & Boring, prices are based on unit prices provided for such work
in the contract. ,
I
SUMMARY OF CONTRACT AMOUNT . .
ORIGINAL CONTRACT AMOUNT $413J7~5 00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDIRBD l~lh3~ 95
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGI ORDER $4~?1?nl 95
COST OF CONSTRUCTION CHANGIS THIS ORDIR None - Net Deduction - 871.50
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGI ORDER $431.330.45
PER CENT INCREASB/DECREASB THIS CHANGE ORDER .20 ,
TOTAL PER CENT INCREASE/DECREASE TO OATS 6. ':\6. ,
BXTENSION OF CONTRACT TIMS ALLO~BD BY THIS CONTRACT 0 CALENDAR DAYS 1'0
Date
CERTIFIED STATEMENT. I hereby certify that the supporting cost data included ia, in.y
~ conoidorod opinion, occurot., that the pric.o quoted ar. fair and
. ..:tld . re..onabie and in proper raUo to the coot of the ori9inal work
. . . contracted for d r enefit competitive bidding. ..
J . A....~ Mh:
CONTRACT SIGHAT
(SEAL)
. TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGI ORDER
DEPARTMENT FUNDS BUDGETED 0001 CERTIfIBD BY
DELRAt BEACH, FLORIDA
By ~t. City Commision
RECOMMENDs By'.
PROJECT MANAGER MAYOR
ATTESTI
APPROVED, By'
CITY ATTORNEY CITY CLERK
COTOC.KT
.
SWINTON AVENUE BEAUTIFICATION - PROJECT I 92-42
CHANGE ORDER , 4 - SUMMARY OF ADDITIONS AND DELETIONS
ADDITIONS
1. 1-19-94 authorized Jack & Boring under existing
concrete driveways to install irrigation lines. $ 3,395.00
Q..,,,,c\ ...<s",-t .oJ S E. ,^...cl!:rt .
2. 1-26-94 pavement removal at N. E . "- 2nd Street
intersection to improve turning radius. 990.00
3. Provide irrigation within area # 2 above. 186.00
4. Provide landscaping within area I 2 above, to
consist of 1 Live Oak and 50 Wax Jasmine. 487.50
5. 2-94 remove jagged pavement in right-of-way
adjacent to 714 North Swinton not shown on
plans. Provide additional topsoil @ 1.20 s.f. 1,680.00
6. Upgrade irrigation controller # C to accommodate
future expansion of system into Pioneer Park. 990.00
----------
TOTAL ADDITIONS CHANGE ORDER # 4 $ 7,728.50
DELETIONS
7. 2-10-94 credit to City since Coconut Palms did
not meet specifications due to unavailability. $ 8,600.00
-------------------------------------------------------------------------
-------------------------------------------------------------------------
TOTAL DELETIONS $ 8,600.00
TOTAL ADDITIONS 7,728.50
---------
NET DEDUCTIONS TO $ 871 . 50
CONTRACT PRICE
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r'/v
SUBJECT: A ENDA ITEM 1 94
CHANGE ORDER MAINTENANCE. INC.
DATE: APRIL 15, 1994
This is before the Commission to approve Change Order No. 5 in the
add amount of $15,657.00 and an increase in the contract time of 30
calendar days, to American Lighting & Maintenance, Inc. for the
construction of 21 concrete driveways on North Swinton Avenue.
This item was before the Commission and approved on March 22, 1994,
at which time the improvements were estimated at $18,000. Based on
the most recent field measurements, the project involves the addition
of 6,300 square feet of concrete which will be constructed at the
extended price of $2.39 per square foot. The contractor is also
including a figure for barricades in the amount of $600.00.
Funding in the amount of $9,657 is available from the Decade of
Excellence Swinton Avenue Beautification (Account No. 228-4141-572-
61.48), and $6,000 from Decade of Excellence Phase I (Account No.
225-4141-572-61.48).
Recommend approval of Change Order No. 5 in the amount of $15,657.00
for the construction of 21 concrete driveway aprons for Swinton
Avenue Beautification and for an increase in contract time of 30
calendar days, to American Lighting and Maintenance, Inc.
~5-0
.
.
.
,
. A<Jenda I tem No.:
AGENDA REQUES~
Date: 4/14/94
Request to be placed on:'
X Re<Jular A<Jenda Special A<Jenda Workshop A<Jenda
When: 4/19/94
Description of a<Jenda item (who, what, where, how much):
Change Order #5 - Swinton Avenue Beautification
Driveway Aprons
$15,657.00 increase
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
~/~> '."""
Department Head Si<Jnature: ~
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation ( if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Fundinq alternatives: ~liC~e)
Account No. & DeS;jlPffon: . ~~tL-61.4" : 1C ImJit-l/Wl<
Account Ba lance: J(p lp~ 4, ,IXEffi .\.-:-$W\!{f\lTolJA:v'E> 0,000
City Mana<Jer Revlew:1t~
Approved for agenda: @/ NO tf"'f
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: SWINTON AVENUE BEAUTIFICATION - CHANGE ORDER # 5
DATE: APRIL 14, 1994
ITEM BEFORE THE COMMISSION
- -
Consideration of Change Order II 5 to the Swinton Avenue Beautification
Project No. 92-42 to American Lighting Maintenance, Inc. for the
construction of 21 concrete driveways on North Swinton Avenue which would
result in an increase to the contract in the amount of $15,657.00 and an
increase in the contract time of 30 calendar days.
BACKGROUND
This item was previously before the Commission on March 22, 1994, at which
time the improvements were estimated at $18,000. Based on the most recent
field measurements, the project involves the addition of 6,300 square feet
of concrete which will be constructed at the extended price of $2.39 per
square foot. The final price will be based on fie Id measurements. The
Contractor is also including a lump sum figure for barricades in the amount
of $600.00.
Funding is available through the D.O.E. Swinton Avenue Beautification 228-
4141-572-61.48.
RECOMMENDATION
Staff recommends approval of Change Order # 5 for the construction of 21
concrete driveway aprons for Swinton Avenue Beautification to American
Lighting Maintenance which would increase the contract amount by $15,657.00
and increase the contract time by 30 calendar days to complete the work.
.
CIn or DSLltAy aBAca
CHAHal ORDBR ~ ORIOINAL CONTRACf
I
CHANGE NO. 5 PROJECT NO. 92-42 DATSs 4-13-94
PROJECT TITLEs Swinton Avenue Beautification
TO CONTRACTOR a American Lighting Maintenance. Inc.
yOU ARB HEREBY REQUESTED TO MAKB THB FOLLOWINO CHANOES IN THB PLANS AND SPSCIrICATIONS roR
THIS PROJECT AND TO PERFORM TUB WOIUC. ACCORDINGLY, SUBJECT '1'0 ALL CONTRACT STIPULATIONS AND
COVENANTS.
.
JUSTIFICATION a Construction of 21 concrete driveway aprons located between North 4th Street
and North 22nd Street as previously approved by the Ci~y Commission at thei~ March 22,
1994 meeting. Jim Reynolds had estimated the driveway aprons to be $18.000.00 based on
the unit price of $2.39 extended in our previous contract for installation of driveway
aprons between South 10th Street and North 4th Street. .
This change order is for the construction of 21 ~oncrete aprons with a total area of
approximatley 6,300 s.f. to be billed at the extended price of $2.39 s.f. based on
total square footage measured upon completion of the job. Additional costs for traffic
barricades are to be billed at the lump sum of $600.00. Contractor is asking for an
extension of contract time in the amount of 30 days to complete the work.
SUMMARY OF CONTRACT AMOUNT . .
ORIGINAL CONTRACT AMOUNT $413,765.00
COST or CONSTRUCTION CHANGES PREVIOUSLY ORDERED 17 , 565 . 45
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDBR $431,330.45
COST or CONSTRUCTION CHANGES THIS ORDER 15,657.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $446,987.45
PER CENT INCREASE/DECREASE THIS CHANGI OADIR 3.62 ,
TOTAL PER CENT INCREASE/DECREASE TO DATE 7.Qii ,
EXTENSION OF CONTRACT TIME ALLO~BD BY THIS CONTRACT 30 CALENDAR DAYS '1'0 Mav 15. 1994
Phase II oat.
CERTIFIED STATEMENTs I hereby certify that the supporting cost data included ii, in my
considered opinion, accurat., that th. prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for u et: tefit ~pet~v.-t.eding.
:-c:ln
(CONSULTING ARCHITECT OR INGINEER)
. TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGB ORDBR
DEPARTMENT FUNDS BUDGETED CODI CERTIFIED BY
DELRAr BEACH, FLORIDA
By ~t8 City Commi8ion
RECOMMEND I BYI .
PROJECT MANAGER MAYOR
ATTEST I
APPROVED I BYI
CITY ATTORNEY CITY CLERK
COTOC.KT
.
. . .
SWINTON A VENUE
DRIVEWAY APRON AND SInEW ALK RECONSTRUCTION
PHASE II
PROJECT No. 92-42
April 1994
Additional Driveway Aprons North ofN. 4th Street:
East Side:
AQoroximate A~
1. Station 86+00 200 sf
2. 521 N. Swinton 240 sf
3. 531 N. Swinton 240 sf
4. Station 95+00 200 sf
5. Station 96+00 300 sf
6. 803 N. Swinton (Circular Driveway, Both Drives) 240 sf
7. Station 104+00 300 sf
8. 1201 N. Swinton Avenue 100 sf
9. 1401 N. Swinton 200 sf
10 1611 N. Swinton (Circular Driveway, Both Drives) 300 sf
11. 1621 N. Swinton 240 sf
12. Station 132+00 360 sf
13. Station 135+00 200 sf
West Side:
1. 440 N. Swinton 240 sf
2. 450 N. Swinton 200 sf
3. 508 N Swinton 1 SO sf
4. 702 N. Swinton 200 sf
S. Station 102+50 240 sf
6. 1010 N. Swinton (Circular Driveway, Both Drives) 800 sf
7. 1202 N. Swinton (Circular Driveway, Both Drives) 660 sf
8. Station 116+00 600 sf
TotAl Aru ::: 6,210 sf
Say 6,300 sf
~..... TT ....c t::n >J.JI-I ?C\.-l j:,C\? Id30 9NI~33NI8N3 ~T~L-[vc-LOr
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [Ii (
SUBJECT: AGENDA ITEM ~ 91 - MEETING OF APRIL 19. 1994
CHANGE ORDER NO. 6/AMERICAN LIGHTING & MAINTENANCE. INC.
DATE: APRIL 15, 1994
This is before the Commission to consider approval of Change Order
No. 6 in the amount of $68,950.25 to the American Lighting and
Maintenance, Inc. contract for the construction of Pioneer Park as
part of the Swinton Avenue Beautification Project.
Pioneer Park is located at the south end of Swinton Avenue just north
of 10th Street. Improvements will include site grading, irrigation,
landscaping, and the construction of a drainage retention area in
connection with the scheduled improvements to South 10th Street.
Funding is available from several sources which include Capital
Outlay Project - S.W. 10th Street (Account No. 228-3162-541-61.90) in
the amount of $32,620.00; Water and Sewer (Account No. 441-5161-536-
63.20) in the amount of $15,000; Gift Tree Program (Account No.
115-0000-248-68.00) in the amount of $9,701.99; and the balance of
$11,628.26 will come from the Decade of Excellence Swinton Avenue
Beautification Project.
Recommend approval of Change Order No. 6 in the amount of $68,950.25
to American Lighting and Maintenance, Inc.
.
.
.
,
. Agenda Item No.:
AGENDA REQUES~
Date: 4/14/94
Request to be placed on:1
X Regular Agenda Special Agenda Workshop Agenda
When: 4/19/94
Description of agenda item (whol whatl where, how much):
Pioneer Park
Change Order #6 - Swinton Avenue Beautification
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~~ ~-_.'--- -
(
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: see attached
Account Balance:
City Manager Review:
Approved for agenda: ti~l NO r~)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
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------... -.--.-"..-.--. --....-..----..----
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT Lt)
~~
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: PIONEER PARK - CHANGE ORDER # 6 - SWINTON AVENUE BEAUTIFICATION
DATE: APRIL 14, 1994
ITEM BEFORE THE COMMISSION
- -
Consideration of Change Order 11 6 to the Swinton Avenue Beautification
Project, 92-42 to American Lighting Maintenance, Inc. in the amount of
$68,950.25 to construct 'Pioneer Park'. Improvements include site grading,
irrigation, landscaping and the construction of a drainage retention area in
connection with the scheduled improvements to South 10th Street.
BACKGROUND
'Pioneer Park' located at the south end of Swinton Avenue just north of 10th
Street by the railroad tracks was presented last year as part of the master
plan improvements for the Swinton Avenue Beautification project, but funding
was not available at that time.
Subsequently funding for Pioneer Park have become available through several
different sources. Of the $68,950.25, per the attached schedule of values,
the retention area represent $32,620.00 and will be funded through the
Capital Outlay Project for S.W. 10th Street (228-3162-541-61.90). The
landscaping and irrigation comprises $36,330.25 of which $15,000 will be
funded through the Water & Sewer Fund ( need code ) to mitigate the
impact of the wellfields, $9,701.99 will come from reserves in the Gift Tree
Program (115-0000-248-68.00) and the balance will come from the Decade of
Excellence Swinton Avenue Project.
RECOMMENDATION
Staff and the City's Consultant, A. Grant Thornbrough & Associates recommend
approval of Change Order # 6 in the amount of $68,950.25 to American
Lighting Maintenance, Inc. for the construction of Pioneer Park per the
attached plans and specifications.
.
~d~
. .
A.1-M.L
GENERAL CONSTRUCTION
AprU 7, 1994 HOWARD L SEARCY, JR. CGC028737
Ms. Nancy Davilla
City of Delray Beach
100 NW 1st. Avenue
Delray Beach, Floridtz 33444
Re: City of Delray Beach
Pioneer Park
".,
Dear Nancy,
Pursuant to your request please fmd enclosed schedule of values for the additional work at
the above referenced projecL
,
Should this proposal meet with your opproval, please issue a change order, and let me
know if I can assist further in anyway.
Sincerely,
AMERICAN liGHTING NANCE, INe
~J
Howard L. $earcy, Jr.
General ConStruction Manager
.
. .
cc: Jim Reynolds, City Engineering Delray Beach
File
. -
. ~
A D~J/1SION OF THE AMERICAN UGHTING MAlNI'ENANCE, me FAMILY OF QUAUn' CONTRAC17NG
J . SINCE 1913
J PHONE:(401) 6&94IU FAX: (401)689-5322
.. ..
.
-....,..-. ~-,.-_..._....._,"_.~..._._,.
.
A.L.M.L
/f GENERAL CONSTRUCTION
HOWA.RD L SEARCY, JR. CGC028737
II CITY OF DELRAY BEACH
PIONEER PARK
SCHEDULE OF VALUES
L SITEWORK
1. Excavation & Grading Sum $19,900.00
2. 15" RCP 10 L.F. @ $I9/per L.F. $ 1,900.00
3. 18'!. RCP 2 0 L.F. @ $23/per L.F. $ 5,520.00
4. Type "c" Inlet w/Apron ea. @ $1000/each $ 3,000.00
5. Type "E" Inlet w/Apron 1 ea. @ $I500/each $ 1,500.00
6. Road Repair Lump Sum $ 800.00
Sub-Total $32,620.00
H. LANDSCAPING
1. Irrigation System Lump Sum $ 8,600.00
2. Floritam Sod 55,000 S.F. @ $1.651/t. $ 9,075.00
3. Landscaping, per Plant List
(attached) Lump Sum $18.655.25
Sub-Total $36,330.25
. TOTAL ADDlTlONAL WORK $68,950.25
.
The foUowing will be included per unit prices in original contract: . .
-:.
1. Remove and replace 4" concrete sidewalk
plus or minus 2800 S.F. @ $2.39/per S.F. $ 6,692.00
2. MobilizJl.tion, TraffIC Maintenance, Supervision
and Layout at no additional cost.
Please extend the Phase II completion date an additional sixty (60) days to complete this
work.
.'
A DIVISION OF THE AMERICAN UGHTlNG MAINTENANCE, INC FAMILY OF QUAUTY CONTRAC17NG .
- SINCE 1973
.
PHONE:(407) 6894154 FAX: (407)689-5322 ...
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CITY or DE~RAY BEACH
CBANGE ORDER 'I'O ORIGINAL CONTRACT .
"..
.-/""~ I
"
CHANGE NO. 6 PROJECT NO. 92-42 DATB. 4-11-Ql..
PROJECT TITLE. Swinton Avenue Beautification
TO CONTRACTOR. American Lighting Maintenance. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS. Construction of Pioneer Park per plans and specifications prepared by A. Grant
Thornbrough & Associates and site work and water detention area as designed by City Engineeri!
JUSTIFICATION. Implementation of Pioneer Park as part of the Swinton Avenue Beautification
Master Plan. Partial funding from the S.W. 10th Avenue ,road widening & drainage project
as part of the park will be used as a storm water retention area.
I
I
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $413,765.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 33,222.45
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGB ORDER $446,987.45 ,
COST OF CONSTRUCTION CHANGES THIS ORDER f.R,Q<;O 'J<;
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $~l'i,Q17 70
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 15.42 ,
TOTAL PER CENT INCREASE/DECREASE TO DATB 23.38 ,
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 60 CALENDAR DAYS TO June IS, 1994
Date
CERTIFIED STATEMENT. I hereby certify that the supporting cost data included 18, in my
considered opinion, accurate, that the prices quoted are fair and
reasonable and in proper ratio to the c08t of the original work
~ contracted for under benef ompetitive bidding.
- ~"T-I\iC C .
SIGNATURE (CONSULTING ARCHITECT OR ENGINEER)
. TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED CODB CERTIFIED BY .
DELRAY BEACH, FLORIDA
By ~t8 City Commision
RECOMMEND. By' .
PROJECT MANAGER HAYOR
ATTEST,
APPROVED, By'
CITY ATTORNEY CITY CLERI<
COTOC.KT .
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t./tG'1
SUBJECT: AGENDA ITEM i 9J - MEETING OF APRIL 19. 1994
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: APRIL 15, 1994
Susan Gracey has submitted her resignation from the Code Enforcement
Board, effective April 1, 1994. This will create a vacancy for a
regular member. Ms. Gracey's unexpired term runs through January 14,
1995.
The qualifications are that, whenever possible, regular and alternate
members shall include an architect, a businessperson, an engineer, a
general contractor, a subcontractor, and a realtor. Ms. Gracey, an
architect, represents that discipline on the Board. While it would
be desirable for another architect to be appointed, it is not
mandatory.
All Code Enforcement Board members must be residents of the city.
The Code states, "The architect and the engineer shall be registered
under the laws of the state regulating the practice, or shall possess
similar qualifications under the laws of other states, or shall have
actual experience deemed by the City Commission to be equivalent to
such registration".
The following individuals have submitted applications:
Norma Bannoura Martin Bellsey
Richard Brautigan David Cohen
(registered architect) Adele S. King
Richard LiCastri Rosalind Murray
Joann K. Peart Sidney Soloway
Chris Stray Anthony Veltri
Horace Waldman Stanley Watsky
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. None of the applicants has any
outstanding violations or liens. The applications are arranged in
alphabetical order.
The appointment will be made by Commissioner Smith (Seat # 1) .
Recommend appointment of a regular member to the Code Enforcement
Board to fill an unexpired term ending January 14, 1995.
~.~
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tvvl
SUBJECT: AGENDA ITEM # qK - MEETING OF APRIL 19, 1994
APPOINTMENT TO THE PARKING MANAGEMENT TEAM
DATE: APRIL 15, 1994
This item is before the corrunission to appoint Anne Bright as the
Downtown Development Authority's representative to the Parking
Management Team. This appointment will fill the vacancy created by
the resignation of Alan Armour from the DDA and, consequently, the
Parking Management Team.
The Corrununity Redevelopment Agency has reviewed this appointment and
recorrunends Corrunission approval.
Recorrunend approval of Anne Bright's appointment as the DDA
representative to the Parking Management Team.
ref:agmemo
'.
-CD Community ~c~
Redevelopment
-a Agency
Delray Beach
ri c__,
i l::l;EiVED
APR 4 1994
('[TV f,. "
Vf i ._.l1(1,'\iiinr'-..,.
March 31, 1994 ' ' ';,-; nq:/Cf
Mr. David T. Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Dave:
The Board of Directors of the CRA approved the nomination of Anne Bright to the Parking
Management Team at their meeting on March 24, 1994. Anne will be representing the DDA.
I woul a reciate it if you would have City Commission approve this appointment at the next
regul ly cheduled Commission meeting.
Christopher J. Brown
Executive Director
/d
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tft-/(
SUBJECT: AGENDA ITEM ~ qL - MEETING OF APRIL 19. 1994
FINAL PLAT/HANCOCK SUBDIVISION
DATE: APRIL 15, 1994
This item is before the Commission to consider approval of the final
plat for the Hancock Subdivision, a proposed two lot subdivision
located at 622 North Ocean Boulevard. (This was continued from the
Special Meeting of April 5, 1994.)
The subject property currently exists as one parcel, running from
Andrews Avenue on its west boundary eastward to the Erosion Control
Line. It is intersected by State Road AlA and the applicant is
proposing to separate the east parcel into a separate buildable lot.
A request has been submitted by the applicant to designate the
exis~ing single family s~ruc~ure on ~he wes~ern parcel as an historic
landmark. However, if the eastern lot is not created the applicants
have stated they will withdraw their request for historic designation
on the western lot,
This proposed subdivision requires Commission approval in that the
beachside lot does not meet the minimum zoning designation require-
ments for the R-1AAA zone; therefore, the Commission must declare
that it is necessary and appropriate to create such a non-conforming
lot if the subdivision is to be approved.
There are also certain considerations from an ecological and environ-
mento.l oto.ndpoint, eopecio.lly with reopect to the e2tiotence of 0.
dune.
Please refer to the attached staff report for an analysis of the
situation and alternative courses of action.
~~~
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Stan. H.e'<:1 i<:..~k
4431 Althea Way
Palm Beach Gardens, FI. 33410
(407) 622-8339
April 19, 1994
Mr. Roger Sa berson , P .A.
70 Southeast 4th Avenue
Delray Beach, FL 33483
Dear Mr. Saberson:
Please be advised that there is a typing error in the ^ffidavit suhmitted to Ow
Oelray Beach City Council on ^pril S, 1~l!lt1.
In paragraph 4., the sixth line begins a parenthetical explanation of Section IJ.I,I] of'
the City Development Regulations. Part of the text was improperly included ill Ill<'
parenthesis. This section of Paragraph 4. should read as follows:
" . . pursuant to Section 4.1A of lhe Code, (which
section allows construction even though lot area and
dimensions are less than that required for the
district in which the lot is located), it would be the
undersigned's advice to the Board of Adjustment or
any other applic.able body or agency. 1 hat it should
be able to be utilized for the construction and
occupancy of a single family home. . . "
I apologize for the error and trust that it will be corrected in the official
proceedings of the Council.
Sincerely,
~---- -
Stan Redick
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STIPULATIONS
1. In the court reporter's transcript of the City Commission meeting of 4/5/94 all
references to Exhibits means the Petitioner's Exhibits as listed on the
Petitioner's Exhibit list included at the beginning of the transcript of the
hearing on that date.
-
2. The Petitioners are Waddell Hancock and Clay Hancock.
3. The interior of the Wilson (Fontaine Fox) home was not historically
designated by the Historical Preservation Board or any other board or
commission of the City ofDelray Beach.
4. The location of the Hancock property, the Cusson property and the Wilson
property are as shown on Petitioner's Exhibit lOa (aerial photograph). The
Eichelberger property is the home with the blue roof to the north of the vacant
Hancock oceanfront lot as shown on Petitioner's Exhibit lOa.
5. The addresses of the properties are as follows:
Wilson property west of A-I-A (the location of historic Fontaine Fox home)
610 North Ocean Boulevard
Wilson property east of A-I-A, 615 North Ocean Boulevard
Hancock property west of A-I-A (location of historic Fontaine Fox home),
622 North Ocean Boulevard
Hancock property east of A-I-A - no separate address at the present time
since it is a vacant lot
Cusson property west of A-I-A, 702 North Ocean Boulevard
Eichelberger property east of A-I-A, 701 North Ocean Boulevard
All of the above properties are located in the City of Delray Beach
6. - It(vO ftGGRl"';i/80 P{J(!t'fBS:. i b-y:f/I..E ((5 ff I T/lRD {/('>Ii -:P:G
Petitioner's Exhibits 1 - 6 ~clusive are in evidence and part of the record
(except that there is not a etitioner's Exhibit 20 or 21). The parties agree
I
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-they ~ill not make evideutiaIi objections. filly information which a ~_
wanti to 1l1ake part of the record shall be con~ic1eTed to rem evidellcewhen
tBa.t party makes a request that the jpfonnation be part of the record:-
7. That a newly certified copy (as of 4/15/94) of Petitioner's Exhibit 55 which is
the Cusson Stipulation with the Property Appraiser's office shall be
substituted for Petitioner's Exhibit 55 which was submitted at the 4/5/94
hearing of the City Commission.
This stipulation is executed this April 19 , 1994.
{l/}l~~/~
oger . S erson
Attorney for Hancock's
.4~~~~9" :;{
'-Sieven Daniels
Attorney for Eichelberger's
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttt'1
SUBJECT: AGENDA ITEM it q/1 - MEETING OF APRIL 19. 1994
REOUEST PUBLIC INFORMATION COMPUTER NETWORK/FREDDA
WEINBERG
DATE: APRIL 15, 1994
This is before the Commission to consider issuing the proclamation
presented by Fredda Weinberg regarding establishment of a Public
Information computer network connecting City, Chamber of Commerce,
Community Redevelopment Agency and other City service clubs.
While the City has some reservations related to its committment of
staff, facilities and funds for this project, we recommend issuing
the proclamation based on Ms. Weinberg's assurances that staff
resources required would be minimal. If it is felt that this
proposal would involve an inordinant amount of staff time and
commitment, the City would not find it feasible to continue with the
project.
A detailed proposal is attached related to Ms. Weinberg's Delray
Online project.
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[ITY IF DELIAY BEA[H
DELRA Y BEACH
~ 100 N,W.lst AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII.America City
" III!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: COMPUTER REQUEST/FREDDA WEINBERG
DATE: April 12, 1994
Richard Zuccaro has talked to Ms. Weinberg on several occasions
and met with her once. I also have talked to her to try to
determine what she is requesting of the City. Her proposal in
summary is as follows:
PHASE I
- Establish an on-line, public information network similar to
a prodigy system. Public access to City information as
well as other organizations such as Chamber of Commerce,
CRA, and service clubs
- To be called "Delray One" - use City logo and City to sponsor
- Start with 2 computer sites, one at Police sub-station, one
at Wideman Building, to be used for access and to continue
her youth training program
- City to sponsor two (2) employees from PIC through Job
Training Act for System Administration
- No subscription fees - business income to come from
advertising fees for system
- Program software to be provided by International Trade
Systems (separate company)
- In first phase, also proposes the City install and make
available to the general public, access terminals at all
Parks and Recreation facilities. These would also be made
available to her to expand her youth training program
- System would be connected on-line to our AS400 for
information data base development.
61:\ THE EFFORT ALWAYS MATTERS
~ Printed on Recycled Paper
'.
Computer Request/Fredda Weinberg
Page 2
Phase II
- Expand system to allow public to submit paperless forms and
make payments to the City
- Expand terminal locations
- Expand information base
- Add two (2 ) additional employees from JTPA with City
sponsorship
- City over-site through appointment of trustees for company
Not yet outlined is the type of information that would be made
available.
City Involvement
This proposal would involve the City as follows:
- Permission to use logo
- Sponsorship and assistance in promoting service
- M.I.S. staff time to assist in setting up on-line service,
interface, and security
- Cost and time in setting up terminals at Parks and
Recreation sites, i.e., would need terminals/modems, line
costs and space allocation
SUMMARY
This proposal is similar to what other Cities have done to
provide public access to City-wide information and to improve
customer service. We have discussed doing something similar,
but due to personnel and time constraints and other in-house
commitments have pushed this item back about three years in the
Strategic Plan.
RAB:kwg
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Delray Online
Submitted to: Delray Beach City Commissioners
Submitted by: Fredda Weinberg
Delray Online
ITS makes it happen every day.
Bob and Christine Morris are working with us to continue to satisfy the
involved parents of the SMART Tutoring Program, It deserves your support to
continue helping kids get started,
$1 can make it happen tonight.
A contract for a single dollar will secure our commitment. Your first ad will
cost a buck. We'll do the rest.
When you say yes, activities which won't clog our roads nor pollute our air will
begin to organize, Delray residents will enjoy unlimited local access,
What will Delray residents get for their $1?
An education system second to none,
Access to information others will pay for,
Jobs and local training using the incubators you've paid for,
Ask the police representative what we've done for crime around the substation.
This is what we need...
A phone call from the administration,
A proclamation from the Commission,
Please attend our grand opening,
Page 2
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Submitted to: Delray Beach City Commissioners
Submitted by: Fredda Weinberg
Delray Online
Atlantic Gardens Computer Learning Center
Building upon a year of success.
The expansion of the center is long overdue. As we build value for the
community in our program, demand for services we can provide have exceeded
our private means. With the generous cooperation of Delray Beach merchants
and educators we can expand and fulfill our mission,
Cooperation is the key.
None of these benefits would have been possible without the faith and trust by
those present tonight. We came to demonstrate our concern and know you will
act by declaring Delray Online our official information provider,
Page 1
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PROCLAMATION
WHEREAS, Fredda Weinberg has been commended by the
Chief of Police for her efforts to bring the benefits of
computer technology to the children of Atlantic Gardens, and
WHEREAS, Miss Weinberg's original project, The
Atlantic Gardens Computer Learning Center has been in
operation for over a year and neighborhood children have
demonstrated its benefits for education and social
stability, and
WHEREAS, the Atlantic Gardens Computer Learning
Center is ready to expand and offer increased services to
the general public in the areas of training, communications
and organization, and
WHEREAS, students of the Atlantic Gardens Computer
Learning Center have been learning to and are prepared to
provide those services and community organizations are
prepared to support the additional services with their
financial support, and
WHEREAS, Fredda Weinberg has presented a proposal
to staff for a computer bulletin board to be named Delray
Online, which will with the cooperation of City departments
expand the public's interaction with the city, and
WHEREAS, Delray Online will begin operations
without charge to the City or citizens nor will it require
City personnel for its administration, and
WHEREAS, this proposal is consistent with and
advances the goals of the City Commissionj
NOW, THEREFORE, this day, April 19, 1994, the
Delray Beach City Commission hereby proclaims Delray Online
as the official online information provider and authorizes
staff to work with Miss Weinberg to begin operations
forthwith.
.
F or More Information, Call:
Fredda Weinberg For Immediate Release
(407) 496-5722 April 19, 1994
Delray Beach goes Online
Delray Beach Online is a new service provided by Fredda Weinberg, who for the past
year has been operating the Computer Learning Center at the Atlantic Gardens Community
Policing Substation. As declared in the Mayor's proclamation announcing the City's
endorsement of the provider, Chief of Police Overman has commended Miss Weinberg for her
"dedication to the children of the community in teaching them computer technology" and is
being given this opportunity to offer its benefit to the general public.
The first phase of the development project will introduce the service to home computer
users. The first Municipal Terminals, located at the Atlantic Gardens and Delray Estates
Community Policing Substations allow everyone access to the system. The free computer
literacy classes currently provided at the Atlantic Gardens and Delray Estates Computer Learning
Centers include demonstrations of the service.
Delray Online plans to be supported by civic organizations who may use the system to
coordinate members and maintain communications with elected officials. A group which
subscribes to Delray Online will be provided with its own forum, where interested individuals
can find meeting schedules, agenda and news items. Subscribers will also be able to make
announcements to and recruit new members from the general public.
.
. . .
De/ray Beach goes Online Page - 2
Phase Two will enable residents and businesses to submit paperless forms and
electronically retrieve information anytime. According to City officials, this evolution in
municipal services was planned for 1997 and beyond. With this private and public cooperative
effort, taxpayers can expect to save the costs of development, see the City positioned to enter the
Information Superhighway and enjoy the ease of use that is Miss Weinberg's trademark.
Organizations and businesses interested in subscribing to Delray Online may contact
Miss Weinberg at (407) 496-5722. Facilities are being provided by International Trade Systems,
Inc. which is located in Delray Beach and currently offers subscribers Online Mall and classified
advertising; global E-Mail; Financial News Service; PC Catalog Online and Electronic
Conference Rooms.
######
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER F'1' !
SUBJECT: AGENDA ITEM ft 9.N. - MEETING OF APRIL 19. 1994
ANNEXATION AND DEVELOPMENT AGREEMENT/DRIVE-IN THEATERS OF
FLORIDA. INC. (DELRAY SWAP SHOP):
DATE: APRIL 18, 1994
This is before the Commission to consider the Annexation and
Development Agreement with Drive-In Theaters of Florida, Inc. located
at 2001 North Federal Highway.
Recommend approval of the Annexation and Development Agreement with
Drive-In Theaters of Florida, Inc.
mOO~ et=W~ 1-0 9.(3, /.
~ '1-0 ~~
I
td~~~
&~
/lJIkfO? lMo17Jtl1~
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ANNEXATION AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, entered into on this day of
, 1994, by and between the CITY OF DELRAY BEACH,
("City"), a Florida municipal corporation located in Palm Beach
County, Florida, and the DRIVE-IN THEATERS OF FLORIDA, INC. ,
("Owner"), a Florida corporation.
WIT N E SSE T H:
WHEREAS, the Owner consists of the record title holder of
the property that is the subject of this Annexation and
Development Agreement ("The Agreement"), which property is
legally described in Exhibit "A", which is attached hereto and
incorporated herein by reference; and
WHEREAS, with respect to that property, it is the des ire
of the Owner to annex to, and develop in the City in accordance
with the terms of this Agreement; and
WHEREAS, it is the desire of the City to annex that
property and facilitate its development, pursuant to the terms
and conditions of this Agreement; and
WHEREAS, Owners have or will perform and execute all acts
required by law to effectuate that annexation; and
WHEREAS, that the property is situated in the unincor-
porated area of Palm Beach County and is contiguous to the
incorporated territory of the City; and
WHEREAS, the City Commission of the City of Delray Beach
has considered the annexation of the subject property; and
.
. WHEREAS, the current use of the property is classified as
a flea market and is presently allowed as a conditional use
pursuant to the Ci ty '~s Land Development Regulations, and it is
the intent of the parties that the Swap Shop may continue as a
legal conditional use, pursuant to the City's Land Development
Regulations, without any further approval by the City; and
WHEREAS, the current intensity of use and separation of
use areas has been previously established and determined by
Palm Beach County as is set forth in a letter dated May 11,
1988 signed by Terry Verner, Director, Code Enforcement
Division of Palm Beach County, said letter is attached hereto
as Exhibit "B", and is incorporated herein by reference; and
WHEREAS, it is the desire of the City and the Owner that
the development of the subject property proceed as soon as
possible subject to the ordinances, codes and regulations of
the City.
NOW THEREFORE, in consideration of the premises and the
mutual promises and agreements set forth below, the parties
agree as follows:
1- Annexation. The Owner shall, contemporaneously with
the execution of this Agreement, file with the Clerk of the
City, a duly executed petition pursuant to, and in accordance
with, the provisions of Section 171 of the Florida Statutes to
annex to the City the property described in Exhibit "A". The
City agrees to annex the above-described property upon the
terms and conditions set forth in this Agreement.
2. Use of Property.
2
.
a. The City agrees to permit the current use of the
property as a flea market as a conditional use under the City's
Land Development Regulations, without any further approval by
the City. The City represents and warrants that the existing
Land Development Regulations and actions taken by the City will
permit the Owner to continue the uses which presently exist on
the property as indicated in the site plan attached as Exhibit
"C", and incorporated herein, and implement the entire parking
and traffic management program as described in Exhibit "D",
which is attached hereto and incorporated herein.
b. The City hereby finds that said uses are
consistent with the City's general commercial land use
designation, the City's GC Zoning District Designation and
Regulations proposed for the property, and are compatible with
neighboring properties as set forth in the Planning and Zoning
Board Report dated February 18, 1994, which is attached hereto
as Exhibit "E", and incorporated herein by reference. City
further finds that said zoning and land use categories are the
most appropriate and compatible designations for the subject
project.
c. The City agrees that the Owner has vested rights
to continue to use the property as said property is currently
being utilized, as well as vested rights to develop the
property in accordance with and to the extent allowed by said
land use and zoning designation and the City's Land Use
Development Regulations.
3
.
d. The City further acknowledges that it has
inspected the property and has determined that the current uses
on the property are in compliance and conformity with current
City laws and codes applicable thereto which are in effect upon
the execution date of this agreement, except for the use of
outdoor loudspeakers.
3. Compliance with City Siqn Code. Owner agrees that
within 180 days from the effective date of the annexation
ordinance, it shall comply with the City's sign code by taking
the following measures:
a. Relocation of the major freestanding sign to
meet the 25 foot (25' ) setback requirement, and the
reduction of the sign's height to a maximum elevation of
18 feet (18') ,
b. Removal of the roof-top sign situated on the
buildings along the south property line,
c. Removal of sidewalk and temporary signing, along
Federal Highway, and
d. Removal of banners which are visible from
Federal Highway.
4. Master Siqn Proqram. The Owner agrees to develop the
property in conformance with the master sign program attached
as Exhibit "F". The Owner will provide in its master sign
program new directional signing as well as how the Owner
intends to use banners on the interior of the property
described in Exhibit "A".
4
.
5. Compliance with the City's Landscape Code. Within
180 days of the effective date of the annexation ordinance, the
Owner agrees to comply with the City's landscape code by taking
the following measures:
a. Enhancing the frontage along Federal Highway to
depth of approximately 16 feet by installing additional
tree planting and either textured pavers or ground cover,
or a combination thereof,
b. Installing perimeter landscaping to provide for
a minimum 5 foot wide planting area with mature hedging
and trees at approximately 30 feet on center along the
north and south property boundaries, except for the
southwest corner which is not amenable to landscaping due
to its width, and
c. Implementing the landscape plan which is
attached hereto as Exhibit "G". The City acknowledges
that the existing hedge may remain as part of the
perimeter landscaping.
6 . Compliance with the City's Occupational License Fees.
The Owner agrees that it shall pay to the City one annual
payment for the total occupational license fees for each vendor
at the Swap Shop. The first such payment shall be due no later
than September 30, 1994, and by September 30th each subsequent
year. The fee shall be based upon the following formula:
annual fee = [(maximum use + minimum use) / 2] x 1.15% x
(standard retail fee /2)
5
.
.
Terms:
* (max use + min use /2) is the average use
* 1.15% represents a 15% turnover
* (standard retail fee/2) is one-half the standard fee
For calendar year 1994, the fee is calculated as:
[(350 + 150) /2] x 1.15% x ($80/2)
(500 /2) x 1.15% x $80/2 = $11,500
For subsequent years, the amount to be collected as an occupa-
tional license fee may change as the variables within the
formula are altered. Failure of the property owner to provide
the payment of the required occupational license fee, shall
result in an assessment and collection of full retail
occupational license fee by the City from each vendor which
operates on the property described in Exhibit "A".
7 . Off-Site Parkinq.
a. The City agrees that it will process, at its
expense, provided that design and landscape code requirements
are met, and recommend for approval, conditional use and/or
site plan applications which accommodate Swap Shop parking on
appropriately zoned GC, PC, AC, and CF privately owned property
within the "vicinity of the Swap Shop." The "vicinity of the
Swap Shop" is defined as that land being south of Gulfstream
Boulevard, east of the FEC Railway and north of N.E. 14th
Street.
b. The City is not responsible for processing or
waiving fees for petitions for the use of the Marina Cay or
Miller Dodge properties.
c. For the use of properties which presently do not
have parking areas which have been approved or which do not
6
.
meet current City standards, the minimum landscaping required
for the new off-site parking areas shall include:
Frontage landscaping, per code to a depth of 10 feet,
along Federal Highway, and the installation of paved
driveway access points.
8. Future On-Site Improvements. The OWner agrees that
future development, redevelopment, or improvement of the
property described in Exhibit "A", shall comply with City
development procedures and regulations. The City agrees that
when improvements are proposed for the current site and use,
the City will only require compliance for that portion of the
site which is subject to the improvements.
9. Parkinq and Traffic Manaqement Proqram. The parties
agree that they shall work cooperatively to implement the
parking and traffic management program as set forth in Exhibit
"0". Additional parking considerations, beyond those set forth
within the parking management program, may be implemented, upon
approval by the City Commission.
10. Removal of Development Conditions. In the event
OWner fails to comply with the provisions of Paragraphs 3, 4,
or 5 of the Agreement, the City shall provide OWner with
notice, via certified U.S. Mail, of the items with which
compliance has not been achieved. The Owner shall then have 90
days from the date of receipt of the notice to correct the
deficiency, or provide a written request for an extension of
time to come into compliance. Upon a showing of good cause,
the granting of the extension of time to come into compliance
7
.
.
shall not be unreasonably withheld. Failure of the property
owner to comply with the provisions of Paragraphs 3, 4, and 5
of the Agreement, after receiving notice, shall result in those
provisions being of no further force and effect. The Owner
agrees that if it fails to comply with the provisions of
Paragraphs 3, 4, or 5 following receipt of notice from the
City, that it will be responsible for complying with the
existing standards and regulations as contained in the City's
current sign and landscape code.
II. Enforcement of Aqreement. The parties further agree
that the Owner or the City, either in law or in equity, by
suit, action, mandamus or other proceeding, may enforce or
compel the performance of this Agreement.
12. Successors and Assiqns. This Agreement shall be
binding on the Owner, and its successors and assigns.
13. Notice. Any notices required pursuant to this
Agreement shall be sent certified via U. S. mail to the
following addresses:
To City: David Harden, City Manager
City of Delay Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Owner: Drive-In Theatres of Florida, Inc.
3291 West Sunrise Boulevard
, Fort Lauderdale, FL 33311
14. Severability. It is further agreed that several
provisions of this Agreement shall be separable, and that if
any court of competent jurisdiction shall adjudge the pro-
visions of this Agreement to be invalid or in unenforceable,
8
.
that judgment shall not effect the validity or enforceability
of any other provision of this Agreement.
15. Entire Aqreement. This Agreement constitutes the
full and complete understanding between the parties hereto, and
no other oral representations have been made. No modification
or change to this Agreement shall be valid or binding upon the
parties unless in writing executed by the parties to be bound
thereby.
16. Amendments. It is further agreed that this Agreement
may be amended by the mutual consent of the parties by the
adoption of any amendment by the City amending the terms of
this Agreement, and the acceptance of same by the Owner.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement the day and year written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
DRIVE-IN THEATERS OF FLORIDA,
WITNESSES: INC.
By:
(Print or Type Name)
WITNESS:
9
.
(print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this _ day of , 1994, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), a (state or place
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
(type of identification) as identification.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
ann_.aqt
10
.
EXHIBIT "A"
-
PROPERTY DESCRIPTION:
South 403.25 feet of the easterly 497.35 feet of the
west one-half (W 1/2) of the southwest one-quarter
(SW 1/4) of southeast one-quarter (SE 1/4) and that
part of the south 403.40 feet of the southeast
one-quarter (SE 1/4) of the southwest one-quarter (SW
1/4) being the northerly 128.66 feet of southerly
272.66 feet lying east of State Road 5 as in OR 2311,
Page 701.
TOGETHER WITH
That part of westerly 155.89 feet of south 403.4 feet
of west one-half (W 1/2) of southwest one-quarter (SW
1/4) of southeast one-quarter (SE 1/4) and east 44.11
feet of northerly 171. 24 feet of south 403.4 feet of
southeast one-quarter (SE 1/4) of southwest
one-quarter (SW 1/4) lying east of State Road 5.
TOGETHER WITH
That part of westerly 166.40 feet of south 403.4 feet
of west one-half (W 1/2) of southwest one-quarter (SW
1/4) of southeast one-quarter (SE 1/4) and easterly
131.42 feet of southerly 144 feet of southeast
one-quarter (SE 1/4) of southwest one-quarter ( SW
1/4) lying east of State Road 5.
.
~
..-. \, ...~....
Carol A. Roberts, Chair
Keniie~h M. Adams, Vice Ch=.i:~,!l " " _.",,:::.',t:'rv~_~
.- .
Karen T. ~12.rcus .
, Carol J. Elmquin -
. I)t;:ar:mrn, c.f rl:nn/nc. 'o:\lnj (; c::il::
DOrCi~h)' Wi11:en ':!:.n A. Lc~.,,"
f:lc:\;:h C :>;'C.:lor
.
\
, ,I
.
r~c?Y 11, l'3ea
I
. EXHIBIT liB"
.
Pt"'est.:q". H:'('I:"l ...r.ci
Hal"o 1 d "r t.u"by of i 11
Delray Swap Shop . . -
. ....,...
2 e,lz,e, N. Feder"al H""y. .,
Delray Beach, Fl. 33444
. . ~ ~ " ....
Re: AllegGd viol c..t iOI"&$ of Courlty Building and 2onirqa' C~ld~
t"e; 1.11.... t i orIs. i . ,
Deat'~ l>1e5.Sel"s. He rarl .:.r,d Tu."~yf ill, .
::-
This letter" is a f.ol10n up to the meeting held at the Deh"ay Swap
She,p ';:''1'', Thur"sday, - ~ay 5, 1 ':es. Pl"'eser.t at that rneeting.were ~.. ..~ :.......
r.,ysel f, till'" . Loren She~~er and Mr. Harold Turby~~ll.~ At that t irne _
r1'lt'" . TrJt"'byfi 11 i rId ica.ted a desire on the part o~ the Swap Shop
owners .to restrict vend.;)r sales a.rea to that port icon o~ the .
drive-irlyr pt"c.pe.-t y lyiTlg west of the ."'ea.r wall of the snack bar.
Fut..ther, it .., a s irldica.ted by Mr. Turby~ill that : that por~ion of
the pr.:.pet..t y east of' the rear wall of the snack bal' ,..ould be
art"al"lged i '1"1 t .:) a par$l.irlg oi.}"'ea, with parking stops installed and
pal-ki )"Ig ~ppropriately delineated. ~
spaces
.a,. ~:o;
A review of our .~ile pertaining to the Swap Shop'activities ~nd,~
the d,:,c'.Ullentatic,n arId eviderlce contained therein '-~':indicates that -~~';:~r
the ab.~ve ,desct-ibed pt"oposal "Jould appear, to r&turn the vendor~"'-<.
area of the Swap Shop to appo~imately that:which'.xisted in:the r~~;
mid t.3' late 70' 5.. ' In the opinion o~ this office'should the above ::-::"i:~~
be' implemented the alleged violations concerning~404.2(a) of the ~-S-
County Zord rig C,~de wOl.lld be corrected. As was. indicated at the :f.
time of our on-site meeting this of~ice is aware .,th~t . t he above -, <:L
described prop'~sal canr,ot be implemented until ..Tune 1, 1966,. due . .
to agr,ements signed with the various vendors. We will expect,
howevet.., that as o~ ..Tune 1, lSaa all vendor areas in the above
described parking area will be discontinued and steps will be
t a~.en to convert that rear portion of the property previously
described into on-site parking. Should my understanding o~ the
a fOt"erlleY'.t i ':'Y'.ed proposal rIot be accurate I would.;~ppreciate you
cc.r.tact i rig r.,e ~t YOl.lr earliest convenience regarding sarne.
." '
.
. .
'. .
/
" : '... 3;~,e B EI::,VEi3~RE RSAB . ; .
'WE9T P~f:l'f BJi!~eH.. fJ;eRIB~ 33-ttd :;' E38SJ 1I1l=:!!i9 . .: -
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_-,I.tl"1 Y _ J____..:= ".I.. _ol"l.n; o.e., re=,._c:.w ....... ~., '....,.- C:~,.i-' ,:.'tCI~.~.;~7.4-..
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;:'';''v:,{:~ \.:l..:...':. .,.. ;,E,r':I'::-;'5 -ii-.:. . c:re_c,~.;5?n pT.' .G.rl ..c:toi,rll~2 ..;..':,~.~~:"l::':-I.~,""I~":~.;;''''~'''''~;-:I'
rCll:.t }~sq',d,r'ed fl"':'Ylt _~stbc.ck.<:~:')~ ..review ,o'f~;~he~e~i~a~~ce,'.a~d.~~.o.,;.{..
ci,;:,cl.\roerlt i cor. ~~Int oi rl:d , i:"I'o', QUI' ~~.:fi 1e :.-~.ir.dicata~ ~.AthClt.; corr~"E'ct i \'e~':f'r~
. ',c'~ ~. .,,",,-, ~. l' .~ ;;11"1" " .><- . · .x,.., ~~; ...~
measl.\l"cS rcs;: :-.r"c i1"I2 thc:sa,,,'~issu~S~Jwould~r.equ.ir.e..~~pe~mi t~ ;b~J:..~e;m'" .'
. .:.btai m:d -f.:.t.. the.~ ~'ovi 1".g '~l1P \the :1+a1.~..~i~.g {1~C'a.te.d.aI.,;nb.~f,~9~!:'~~....~~' -
. corrler of . the propsrty "~~ou~d ~~v~,;t~..~l?e ~elOl~~~~d:~.~ \Y:"~!.~!'1~~~. .:.
applied, f.:.r'" .?t-.d 'obtairred.'~.7._.' " .V-1'''~--''.; :ri'!;~'" .': "..r.l'!'~'1';~ ... '~~;..'t~~~t-\~~C'1!:iJ .},..~
_ .,~'... ",.. .....-.:~~. .~ .....~.,1.;.~~~:)~~r.#,c:..~\~~.~\_:-~;ft.~~~\."'!~.
~ ~ . _'. ~.. . . :- ""j'''''P' i';" b...... :- .;' ~~ ".f" - 1- ;...;.:", .H? ~2'"
. ...., ~~ ~ l..'i J.~..~,~...~7'~ ".~~;~-;-.:.-~':.:~:~~i~'.~'
P.rl adciitioYI.?l issue has aris:n as'a l"es~lto'f thea.c.~iYitY:~tj;~,~.e~;-:.lj~
Slolap Sh.:.p 1 i.si: week.end. :'. Speci f'~cally. '.coMplaints~;"!ere rec!!i ved :.~~~~;::
by th i s off i ~e ."'egard i ng :the loud:....1spea.ke...: systeUl~".beirlg ?~~r&t ed ~~~:;i~
on the. ,S\"Iti.p Shop premises in ':..th~ ea.'1y .morn1ng~ho!Jr..s. ::I~..would.;{1?:~';'~
call )'Ol.lr .tterltion to Section 500~~.16 oft;he ,"CO~Dty.!~Cmi~g~~o~el~'~';.fI.:-
dea 1 i l"lg wi th perforr.lanc9 stand.rds. r Speci flc..l1y.'~~.!-lbpat"&.g~..pl'1:-:a."" ~
" of said ~&cti,:.rl deals with.t.he Pa1",.S.&Ch~Cc:"unt~.tN~i..!!.Ordin..nc:~.,.~~~
FI.l1"'ther, set forth with in the r.oi~e. regu1at 10ns i t ~ ind~cates ~tl'1at~~~~ii
l':'I_\d spec.J.t.e."s are proh i bi ted 'frorn. opera.t in; between the . h~ur;s:-of:~;C\:_~
10:00 P. f'l. a'rld 10:e0 A.M. on weekends and holidays 'suc:h _that?~hEt;~:;f
SC".ll"'ld thel"efl"c.ln is plainly audible a.Cl"OSS the. proper.i:Y . 1..i1"'. of;,2<:-::.
i)'lhabited reside1".tial t=lroiJerty. It would be best~that:::you~notify:~~":{
the apprc:,pl""i at e part ies cor.cerr.ed' and.' refrain; ;. 'frorR rt~use ''':::of~;the ;~;\~; .
lOIJd speakel'" system unt 1.1" 10:00 A.. M. . on weekends' _nd/o~ h~,l idays_!~f~~~'
or ."ed'Jce the sour.d level.such that.- it ;. is not ','audible at ,nearby:f.yJ'i.
, . '~ . . ' . "'..... t'"
residerlt ia1 a..eas. ,. ',. :;;': c: : . .' .-: ;.~ . '.~.~'_':.
. ,
"-. .. .-""
-:. ,. . .... '. ..' . ... .
Wi th t'egat"ds to the c:ornmi ttee desigrlated by the .Board of." COU1"lt y ).,)~:.,-
COll1fl1issic'Y'ler"s to review the allegations and ";_.problerds .concernir:-g.~%-~
the Delray . Swap Shop. ';1 sae l'".o;~..~eason ;.to .C'all.lan'~.~ddit.io1"lal'~l~,~
meet i rig prior to Commissione.' Carol1l' Roberts'..' j~return.'.. fr.orR;her1.~~.t-:;
trip. ShO'.lld .the l"ernedies set~C' forth.herein'be acc:urate'~ar,d~"::;'
agreeable to y'jU I will notify he~:;upon her ret,u~n :~that youhave.~/,r~~
irlitiated steps to brir.g.f.the prope~1:Y iinto cornp~iance,.With.~the~r(:~,
c.:.de as l-elated to those . sect10ns ..,' ~a11eged.~:.' in' prev1ous~,;*
" cot-l"esp01"lderlce. A~ai r't . I appreciate ~our '. coop.1-at ion arid' shoul d .tl)r{;'
YOIJ ..have al"IY 5peciflc questions regard1ng ,these ;m~tters please .do t<~~
riot hesitate to corltact me. .' .~~ .... . ..:;, :..',":'>"~".,., :."~""~" ~.{;.~~~
. - . ':; .~ ::- ,"- ';.0' > .; i~~
. . . Slincerel~y,. ~.'.-." " \ :t":;"it~;
;.' ' .' ~ ,~.,~ ,.~.~. "f',~~.
, .. l.~.'.... . "'." ,.'Il..-, ".'
- .',. -".....,;. .'....-......,'.~':'.;.;..~r~:..;:
Terry Verne. ,Director: ;:.;. . ,. ; ..'i~:~':t~:
Code Enforcern nt Division. -.,<~:.,S;.~
~ .; p ~-f;~~:'
.-.... ',. .
. . .~: '~~.,'
TV: sw ' ... .:':";::-'
cc: Lc.t"er. Sheffer ., ,-;:~~-,:.
"I'" -
May~r DoakCampbell . .~;~
.::'~:},'.. .... ..; ., .,...... -.. . " ~.~:-,-;::.
. . . . . . '<II;
." '. s. . . :0. .',
." ,,;\::,;:.: ':'~::;":..:.. ... ...,(:...,.... '... .:... .. .~>l:;;~:~',~, ..,...:.;,>..~.~>:,i~....,. ,,:. . '.'
.. ':.",' :;;.::,}..~r:'J"~""" .~;t:';.t;'~" ~'. '-: '.. ':..~ ~..:~:~;. '- :'" ',~. ,:. .~~.'I '. -. . .', ;0 '4~~~A:t:;'. :;4"' :..:.tt.-... ::.~~J~...;..;:.,,~ ;:. ~'l,~ -: \ ":.~~" ,.r...... 0 t' 0-.. .
.
EXHIBIT Un"
PARKING AND TRAFFIC MANAGEMENT PROGRAM
The Swap Shop will create a parking and traffic control
plan which shall provide for:
1. The location and layout of parking spaces within the Dixie
Highway right-of-way which shall, among other items,
include:
a. defined driveway/access points;
b. the number of spaces in each parking area;
c. provision for a barrier (stanchions and roping would
be adequate) which would prohibit traffic from not
using designated access points and traffic routing
plan;
d. a layout which does not accommodate the backing of
vehicles into the travel lanes; however, parallel
parking may be used;
e. signing (directional/use) locations.
2. Appropriate personnel (e.g. qualified law enforcement
persons) to direct traffic, enforce parking, and direct
pedestrian movements;
3 . The operation, by the Swap Shop, of tram service between
designated parking areas and the Swap Shop;
4. Installation and maintenance of a pedestrian walkway
system along Dixie Highway (off the travelway) to points
of east/west access to the sidewalks along Federal
Highway. This walkway may be mulch or some other surface
suitable for walking. It need not meet City specifica-
tions for sidewalk or pathway construction;
5. A period of operation for the tram and personnel from
December 1st through the Easter holiday of each year with
designation of days of operation being Saturdays, Sundays,
holidays, and special event/promotion days;
6 . On an as-needed basis, the Swap Shop will provide other
personnel to assist in operation, security, and trash
pick-up in the designated parking areas along Dixie
Highway;
7 . A hold harmless agreement to the benefit of the City for
use of the Dixie Highway right-of-way for parking and
pedestrian purposes.
.
- - -
Exhibit "E"
MEETING DATE: FEBRUARY 28, 1994
AGENDA ITEM: IV.A. "
ITEM: ANNEXATION, SMALL SCALE PLAN AMENDMENT. AND ZONING FOR !FE
DELRAY SWAP SHOP
GENERAL DATA:
Owners...................Delray Swap Shop
Associates, Inc.
Applicant..............~.Preston Henn
Location.................Approximately 1500
feet south ot Gultstream
Boulevard, on the east
side ot Federal Highway.
Property Size............6.4S Acres
City Land Use Plan.......General Commercial
(with Large Scale
Mixed Use Overlay)
County Land Use Plan.....CH-5 (Commercial with
a residential equivalent
of 5 units/acre)
Current County Zoning....CG (General Commercial)
Proposed City Zoninq.....GC (General Commercial)
Adjacent Zoninq...Horth: AC (Automotive Commercial)
East: RS (Single Family Residential
- Town ot Gulfstream)
South: SAD (Special Activities
District)
West: GC
Existing Land Use........Delray Swap Shop.
Water Service............Existinq 12" water main
along Federal Highway.
Sewer Service............Existinq on site via an
8" sewer main in Federal
Highway.
.
I T E M B E FOR E THE BOA R 0:
The "item before the Board is that of making a
recommendation on a voluntary annexation (pursuant to
Florida Statute 171.044), a Small Scale Land Use amendment
from County CH\5 (Commercial High Intensity) to City GC
(General Commercial), and initial zoning of GC (General
Commercial).
LDR Sections 2.4.5 (A) , (C) and (D) provide rules and
procedures for the processing of this petition.
The subject property is located on the east side of North
Federal Highway north of N.E. 21st Street (extended) and is
known as the Delray Swap Shop.
B A C It G R 0 UNO:
The Delray Swap Shop is one enclave wi thin the unincorporated
area known as the North Federal Highway corridor. This corridor
is surrounded by three municipalities, Boynton Beach to the
4 . . north, Gulfstream on the east, and Delray Beach on the south and
west. The area has been a subject of concern to the City for
many years. Problems with abandoned buildings, undesirable
uses., drug sales and prostitution have plagued the area.
For a full background history on the North Federal Highway
corridor see the North Federal Highway Enclave annexation
report.
In 1993, the Florida State legislature recognized that enclaves
can create significant problems in planning, growth management,
and service delivery, and declared that it is the policy of the
State to eliminate enclaves. To this end, the passage of ELMS
III legislation in 1993 allowed municipalities to annex enclaves
under 10 acres in size, through an interlocal agreement with the
County having jurisdiction of the enclave (Florida Statute
171. 046) .
An inter local agreement which included this property was first
scheduled before the City Commission on November 23, 1993, but
was deferred in order that discussions could be held with the
owner of the Delray Swap Shop property. These discussions have
been pursued and as a result the owner has agreed to voluntarily
annex via an annexation agreement.
The City Commission initiated the related Small Scale
Comprehensive Plan amendment and initial zoning at its meeting
of February 8, 1994.
.
..,----.z -".-1:" -....-.- . - - ..
page 2
PRO J E C T DES C RIP T ION:
. The territory to be annexed includes three parcels noted on the
Palm Beach County Property Appraiser's Map as parcels 505, 506,
and 507 having a combined acreage of 6.445 acres. The property
contains the Delray- Swap Shop (Delray Flea Market) which has
merchant booths on the west half of the site and parking on the
east half of the site. The proposed Future Land Use designation
is General Commercial. The proposed zoning designation will be
GC (General Commercial).
The area being annexed will include the adjacent half of Federal
Highway right-of way.
A N M E X A T ION A HAL Y S I S:
Florida Statutes Governing Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real
properties in an incorporated area of the County, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F. S . 171.044 ( 5 )
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of enclaves".
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an
enclave. The annexation will reduce an existing County
enclave area.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5
(C)(l) "the owner of land may seek the annexation of contiguous
property, under his ownership" pursuant to Florida Statutes.
Annexation aqr..ment:
The applicant has agreed to voluntarily annex into the City
subject to an annexation agreement. For specific details on
this agreement see the attached Planning and Zoning Memorandum
from Director David J.Kovacs.
COM PRE HEM S I V E P LAN A N A L Y S I S:
Consistency between the City and County Land Use Map
Designations:
The City's current Future Land Use Map designation for
these properties is "General Commercial" . The County' s
Land Use designation for these parcels is CHIS (Commercial
High Intensity - Residential equivalent of 5 units per
acre) .
.
~ - -
Page 3
The City's "General Commercial" Land Use designation is
consistent with the County's CH\5 (Commercial High
Intensity) designation. The City's FLUM designations as
initially contained on the City's Future Land Use Map
adopted in November, 1989, (and as formally amended
subsequently) are deemed to be advisory until an official
Land Use Amendment is processed.
Adjacent Land Use Map Oesiqnations and Land Uses:
The surrounding Land Use Map designation to the west is
General Commercial. The land Use designation to the east is
Low Density Residential in the City of Gulfstream. To the
south is General Commercial with a Large Scale Mixed Use
overlay, and to the north is Commercial High Intensity in
Palm Beach County (to be annexed into the City as GC by a
separate action).
The existing Land Uses are residential (Place Au Soleil) to
the east, vacant to the south. To the north and west the
site is bordered by commercial uses (antique shop and
warehouse) .
Consistency with the City's Comprehensive plan:
Oesic;nated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 1" on the east
side of North Federal Highway north of N.E. 21st Street
( extended) . Annexation of the territory is consistent with
Policy B-3. 4 of the Future Land Use Element, which calls for
annexation of eligible properties.
provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required services and the manner in which they
will be provided.
police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day) . Additional response can be mustered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
The City of Delray Beach's Police Department has more manpower
to respond in this area; as a consequence, significantly
improved response time should be realized. Annexation will not
require additional manpower, as the police currently pass the
property while patrolling areas of the City to the north and
west of the property.
.
.
...,----.J. -"-.- . - - .
page 4
Fire and Emergency Services: The annexation of this property
will not require additional manpower. The municipal area is
served by Fire Station No. 1 (west Atlantic Avenue).
With annexation, the property will receive an improveQlent in
. response time from the current 8 1/2 minutes of the County Fire
Department (Indian Springs Station 1 Military Trail' Gulf Road)
to approximately 4 minutes for the City's Fire Department (Fire
Station No #1 West Atlantic Avenue).
Water: A 12" water main exists along the east side of Federal
Highway in front of this property.
Fire suppression is provided along the east side of Federal
Highway by existing fire hydrants immediately south of this
property and at the northwest corner of the property. The
property does not currently receive municipal water which is
available upon payment of standard connection fees.
Sewer: The property is currently served by municipal sewer via
a 10" gravity sewer main which runs along the east side of
Federal Highway in front of the site.
streets: This property has direct access to North Federal
Highway. Federal Highway is under the jurisdiction of the FDOT
(Florida Department of Transportation). The jurisdictional
responsibility and the associated maintenance responsibility
will not change upon annexation.
Parks and Open Space: The annexation of the commercial property
will not create an additional impact on park and recreational
facilities.
Financial Impacts:
Effect Upon Annexed Property:
For the 1993 tax year the three parcels which make up the Delray
Swap Shop have a combined assessed value of $1,538,494.00. With
the change from County to City jurisdiction, the following taxes
and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire IRescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference*
* Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
.
u~....4.Qj' ,;)WQtJ w"'-'~ ,,'-'-'-"""....--.......1 n~..40..-...--__......
Page 5
The current yearly ad valorem taxes are $30,888.65. With
annexation the yearly ad valorem taxes will be $38,563.27 a tax
difference of $7,674.62. In addition to property taxes, the
following Non Ad Valorem fiscal impositions apply:
Oelray Beach Storm Water Utility - This City assessment will be
approximately $3,240 based upon the combined (100') impervious
area of the buildings, parking areas, etc. Properties within
the North Federal Highway area do not qualify for the 25'
discount for private streets or 25' discount for being wi thin
the L.W.O.D.
Solld Waste Authority - The North Federal Highway area is
currently serviced by South Florida Sanitation, which is under a
five year contract that runs from October 1, 1993 through
September 30, 1998. The City's contract is currently through
Waste Management, Inc. Pursuant to Plorida Statute 171.062
(4) (a) "if a party has an exclusive franchise whlch is in effect
for at least six months prior to the initiation of an
annexation, the franchisee may continue to provide such services
to the annexed area for five years or the remainder of the
franchise term whichever is shorter" . The annexation will be
consummated prior to the minimum six month period so the waste
service provider will change with the annexation.
The flat rates for commercial properties will remain the same at
.064 per sq. ft. of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
occupational Llcence Fees - Upon annexation the Oelray Swap Shop
vendors will be required to obtain City of Delray Beach
occupational Licenses. These licenses will be in addition to
the current County licenses. Through the proposed annexation
agreement the City will collect an annual fee from the Del ray
Swap Shop rather than assess individual vendors. This annual
fee will be calculated each year usinq a formula based on the
average number of vendors. Using the above formula the annual
fee for Calendar Year 1994, will be $11,500.00. See attached
write up on the annexation agreement from David J. Kovacs,
Planning Director for further details.
Water/Sewer Rate Reductions - The Delray Swap Shop is currently
served by municipal sewer. The property is charged a base rate
of $43.13 a month which includes a 25' Out-of-City surcharge.
Upon annexation the property will receive municipal sewer at the
standard City rates and will experience a reduction of
approximately $8.64 a month or $103.44 a year savings.
.
ueJ..L.;d.Y i:JWd.~ w.."'~ V""'.. 1IrooA.. ~""""".l <6........_..110._ _ _ -...
Page 6
Resulting Impacts to Property OWner:
TABLE A
SUMMARY OF IMPACT ON DELRAY SWAP SHOP
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) +$7,674.62
NON AD VALOREM
Stormwater Assessment +$3,240.00
Solid Waste Collection NA
WATER , SEWER UTILITY FEES - $103.44
Current rate less 25' surcharge
OCCUPATIONAL LICENSE FEES $11,500.00
ANNUAL FINANCIAL IMPACT: + $22,311.18
NA - Data not available
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
EMS + Faster response time from
8 1/2 minutes (County) to
4 minutes (City).
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active vs reactive
opportunity to work with
property owners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the property
will generate approximately $12,307.95 in ad valorem taxes per
year. This property is within the Community Redevelopment Area
and as such the City will receive taxes on the value of the
property in the base year 1985 in which the CRA was established.
Ninety five percent of all subsequent increases in property
values would be paid to the CRA as Tax Increment Financing.
While the 1985 property values are not yet available they are
anticipated to be fairly close to the current values.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($3,240 annually) as
well as occupational license fees (approximately $11,500
annually) , utility taxes (9.5' electric, 7' telephone) and
franchise fees on electric, telephone, and cable.
.
Delray Swap snop vo~uncary Annexac~on
page 7
Additional revenues will be realized through the annual
collection of Occupational J;.icence Fees. These fees will be
assessed as an annual fee calculated each year ,using a formula
based on the average number of vendors. Using this formula the
annual fee for Calendar Year 1994, will be $11,500.00.
The City Utility Fund will realize a revenue loss of $103.44
with the elimination of the City sewer 25' surcharge assessed on
Out-of-City utility users. However, after annexation connection
to the water system will occur; thus additional water use
revenues will off-set the reduction in sewer revenue.
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
AD VALOREM TAXES $12,307.95
PER CAP REIMBURSEMEN'rS: .00
UTILITY TAXES:
Electric (1): $3,762.00
Natural gas (2): .00
Phone (3): +$245.95
FRANCHISE FEES:
Electric (4): +$2,376.00
Phone (5): +$35.13
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE : (9)
\ +11,500.00
STORMWATER ASSESSMllfl' UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$3,776.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities (8) .00
Sewer Utilities (8) -$103.44
ANNUAL TOTAL: +$33,899.59
NA - Data not available
(1) Electric Utility Tax based on 9.5' commercial
.
De.l.ray swap snop . vOl.uncary .t~.ant:=xd. L.~UH
Page 8
(2) Natural Gas Utility Taxes are based on 8.5 , of Gas bill
(3) Phone Utility Taxes are based on 7' of phone bills -
business_ accounts are a minimum of $3~.60
(4) Electric Franc~ise fees based on 6' of FPL bills
(5) Phone Franchise fee based on l' of phone bill
(6) Natural Gas Franchise fees are based on 5 , of gas bill
(7) Cable Franchise Fees are based on 3' of cable bill
(8) Represents loss of 25' surcharge assessed out of City
utility users
(9) Special calculation - see annexation agreement
Z 0 N I N G A K A L Y S I S:
The proposed City zoning designation is GC (General Commercial)
and the current County zoning designation is CG (Commercial
General) .
The surrounding zoning designations are GC (General Commercial)
to the west, SAD (Special Activities District) to the south, CG
(County Commercial General) to the north, and RS (Residential
Single Family) to the east.
The City zoning designation of General Commercial is similar to
the existing County designations and represents the prevailing
use of the property. Upon annexation only the City zoning
designation is applicable.
REQUIRED FIN DIll G 5: (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 Minute.. rindings shall be made by the bOdy which has
the authority to approve or deny the development application.
These findings relate to the following four area.:
Futur. Land U.. Map: The us. or structures mu.t b. allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC zoning designations is consistent with the
underlying "General Commercial" Land Use Designation.
The existing Flea Market use is allowed as a conditional use in
the General Commercial zoning district, thus when annexed the
use will be a conforming conditional use.
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.
.
- - -
Delray Swap Sho~ . Voluntary Annexation
Page 9
The proposal involves the annexation of existing
~ development. There will be no changes in the manner that
drainage, and sewer will be provided. Fire, Police, EMS,
and solid waste will shift to a different provider;
however, all of-these services will be equal to or enhanced
(see annexation analysis for details). It is anticipated
that connection will be made to the City water system post
annexation.
Compliance with Land Development Regulations:
Upon annexation, the property will come under the development
regulations of the City. Compliance with the perimeter
landscape requirements adjacent to all rights-of way (i.e.
Federal Highway) and compliance with the City sign code will be
required upon annexation. The implications of these regulations
have been discussed with the applicant and plans for compliance
are underway. Any future modifications to the site must comply
with the LOR's.
Within the annexation agreement certain phased off-site
improvements are proposed. During the earlier phases these
improvements will not meet City specifications. These off site
improvements include;
* Installation and maintenance of a pedestrian
walkway along Dixie Highway which during Phase 1 may
be mulch or some other surface suitable for walking.
Phase 2 (April 95-96) will require installation of
surface meeting development specifications of the
City.
* Provision of parking spaces within the Dixie Highway
right-Of-way which do not have to meet City
specifications for paved entries, travelways, parking
spaces, curbing, and landscape areas surfaces until
Phase 2 (April 95-96) and Phase 3 (April 96-97).
* Provision of minimum requirements for off-site
parking areas requiring frontage landscaping,
perimeter landscaping on all property boundaries and
paved driveway access points and driveway aisles.
The mechanism to accommodate deferred or partial compliance with
the LDR'S is being worked on by the City Attorney.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows:
.
Delray Swap Shop - Voluntary Annexation
Page 10
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied. -
The site is not within a designated residential area.
Thus, this -standard does not apply.
B) Performance Standard 3.3.2(0) states: That the rezone
shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly m1 tigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial land use. The commercial zoning
designations are compatible with adjacent commercial
uses and the prevailing land use pattern.
Pursuant to Section 2.4.5(0)(1), a justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The Code further
identifies certain valid reasons for approving the change
being sought.
As this zoning petition involves initial zoning
designations to be assigned to properties being
annexed and the initial City Zoning is equivalent to
the existing County Zoning, the above section does not
apply.
REVIEW B Y o '1' HER S:
COMMUNITY REDEVELOPMEN'l' AGENCY:
The proposed annexation is in the Community Redevelopment Area.
The Community Redevelopment Agency considered the request at
its meeting of February 10, 1994 and had no comments.
COUNTY NOTICE:
On February 9, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received.
PUBLIC NOTICE:
Notice to all property owners within 500 feet of the subject
property has been given. Courtesy notices were also sent to
Deborah Dowd (Northeast Neighborhood), Robert Dittman, Stanley
Milosky, and Loren Shaffer (of the North Federal Highway Task
Team) . Notice of the Plan Amendment was also provided to the
Interlocal Plan Amendment Review Committee (IPARC) which
distributes to all adjacent municipalities.
.
rill" i:) ~g.... "'C;~.
Delray swap Shop - Voluntary Annexation
page 11
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of this property and affixing
an initial City zoning designation of GC is consistent with the
City's program for annexation of territory within its Planning
and Service Area. The annexation is also consistent with the
State's policy under Elms III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality
and service provider.
The annexation will provide the property with better Police,
Fire, EMS and Code Enforcement services. The property will
experience an increase in taxes, and stormwater assessment fees,
which will be partially offset by lower sewer rates.
The City will receive additional revenue from property taxes
(base year value 1985) , stormwater assessment fees, and
associated utility taxes and franchise fees. There will be a
slight decrease of $103.44 in sewer utility fees, however an
increase from other revenues will result in a net increase to
the City of approximately $33,899.59 a year.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from CH\5 to GC and an initial zoning designations of GC
(General Commercial).
C. Recommend denial of the annexation, small scale amendment
and initial zoning with the basis stated.
S T A F F R E COM MEN D A T I 0 H:
Recommend approval of this annexation, small scale land use
amendment from CH\5 to Ge, and initial zoning designation of Ge
(General Commercial) upon positive findings with respect to
Section 3.1.1, Section 3.3.2 and policies of the Comprehensive
Plan and the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
PD/~.~_d___p
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U.. 1 I I If I DELRAY SWAP SHOP .
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: April 14, 1994
To: City Commission Assistant City Attorn~
From: David N. Tolces,
Subject: Sale of North 1 Foot of Property Located at 137 N.W.
1st Avenue
East Atlantic Properties, Ltd. is in the process of closing a
real estate transaction regarding 137 N.W. 1st Avenue.
Approximately one foot of the property belongs to the City by
virtue of a 1947 tax deed. The attached sketch illustrates the
one foot owned by the City.
East Atlantic Properties has agreed to pay the City's
advertising costs and all other closing costs in return for the
City quit-claiming the one foot strip. Approval of the
transfer of property is recommended. Please call if you have
any questions.
DNT: sh
Attachment
cc: David Harden, City Manager
City Clerk's Office ~C9-<J<<l 5'-0
sale-1.dnt
10 A
'.
Name: Carole Aronson, Esq.
, Michael S. Weiner & Associates, P.A. ~
Add._, 102 North Swinton Aven~E\ .!I
Delra~ Beac~, rlo~~~a 33444 <i
I
This Instrument Prepared by: ;i!
Carole Aronson, Esq. ...
Add._, Michael S. Weiner & Associates, P.A. I
102 North Swinton Avenue ...
8
De1ray Beach, Florida 33444 l
Property Apprallerl Perce! Identlflc.etlon (Foliol Number(s):
12-43-46-16-01-059-0012
Grenlee(11 S,S, I(s):
SPACE AI!OIIE THIS UNE FOR PROCESSING DATA SPACE ABOVE THIS UNE FOR RECORDING DATA
014111 ~uit-Qtlalm lub. Executed this day of Apr il ,A,D,19 94 , by
CITY OF DELRAY BEACH
first party, to
EAST ATLANTIC PROPERTIES, LTD., a Florida limited partnership
whose post ofjice address is
102 North Swinton Avenue, De1ray Beach, Florida 33444
second party:
~1'8Yfi uHd hemn the term, -nnt party" and -second PlUV thaH Include lingular and plural. heirs, legal represenlalNes, and
Uslgnl of IndMduall, and the IUCCeUOr1 and Ulignt 01 eorporalkHll, wherever lhe eontext: so admits or requlfH.)
BitnUlItl4. That the said first party, for and in consideration of the sum of $10.00------------ .
in hand paid by the said second party, the receipt whereofis hereby acknowledged. does hereby remise, relelUJe and
quit-claim unto the said second party forever, all the right, title, interest. claim and demand which the said first
party has in and to the following described lot, piece or parcel of land, situate. lying and being in the County of
Palm Beach , State of Florida , to-wit:
The North 1 foot of the South 4 feet of Lot 2, Block 59, De1ray Beach, Florida,
according to the Plat thereof recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida.
010 )Jaut anb to )Jolb The same together with all and singular the appurtenances thereunto belonging
or in anywise appertaining, and all the estate, right, title. interest, lien, equity and claim whatsoever of the said
first party, either in law or equity, to the only praper use, benefit and behoof of the said second party forever.
)n .itnfllll B4ufOf. The said first party has signed and sealed these presents the day and year first
above written, CITY OF DELRAY BEACH
Signed, sealed and delivered in the presence of
By: flD
Wlme.. Signature (u to fint. Grantor) Grantor SignaLure
PriDted Name Printed Name
100 N.W. 1st Avenue
Wlt.neN SlgnaLure (u to Ont. Grantor) Pod Office Addf'ft"
Delray Beach, Florida 33444
Printed Name
flD
WIt.DeA SIgna-ture (u to Co-Grantor, if any) Co-Gl'alltor Signature, if any
PnDted Name Pnllted Name
Wlt.DeA Slgnat.a... (u to Co-Gru.tor, if any) p()I.t OC6ce Atkb"el-E'
Printed Name
STATE OF F'f .n~ 1'011 ) ) hereby Certify that on thll day, before me, an officer duly authorized
COUNTY OF PALM BEACH ) to administer oaths and take acknowledgmenla. pel"llOlltllly appeared
known to me to be the penon _ described in and who executed the foregoins instrument. who acknowledsed before me that
executed the lIllme, that I relied upon the fol1owilllJ ronn_ of identification of the above-named peraon_:
and that an oath (walXwas not) taken.
I NOTARY RUBBER STAMP SEAl. I Wibless my hend and official seal in the County and State last aforesaid this
day or April ,A.D.19~.
10
03 Notary 81msLure
91
Printed Notary 811'1sture
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [/'vi
SUBJECT: AGENDA ITEM # /J..11 - MEETING OF APRIL 19, 1994
FIRST READING/ORDINANCE NO. 23-94 AMENDING THE LDR'S BY
ESTABLISHING "SPECIAL USE" RELATING TO NONCONFORMING
USES
DATE: APRIL 15, 1994
Ordinance No. 23-94 amends the Land Development Regulations by
creating a "Special Use" process which allows for the replacement
of nonconforming uses with less intense uses.
This amendment was reviewed in draft form by the City Commission at
the workshop meeting of March 15, 1994. Additional restrictions
suggested by the Commission at that time have been incorporated
into the ordinance proposed for adoption. The attached staff
report provides additional background and description regarding the
changes.
The Planning and Zoning Board will formally review the amendments
at the meeting of April 18, 1994. The Board's recommendation will
be provided to the Commission at the April 19th meeting.
Recommend consideration of Ordinance No. 23-94 on first reading.
If passed, public hearing will be held on May 3, 1994.
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ref:agmemolO
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ORDINANCE NO. 23-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.5,
"PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW SUBSECTION (M), "ESTABLISHMENT OF A
SPECIAL USE": AMENDING SECTION 2.4.2(B) (1) (e) TO
PROVIDE NOTICE REQUIREMENTS FOR SPECIAL USES;
AMENDING SECTION 2.4.3(K) (1) (i) TO PROVIDE FEES FOR I
SPE~ USE APPLICATIONS: AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION
1.3.1, "PURPOSE", TO PROVIDE FOR EXCEPTIONS
ESTABLISHED BY THE ENACTMENT OF SECTION 2.4.5(M): I
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE. I
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a recommendation of approval; I
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the I
' Planning and Zoning Board, sitting as the Local Planning Agency, has I
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.5, "Procedures for
Obtaining Development Approvals", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended by enacting a new subsection (M),
"Establishment of a Special Use", to read as follows:
~ Establishment of a Special Use: I
l!l Rule: Pursuant to the requirements of this section, a i
, new nonconforming use of a lesser intensity may be established
I within: (a) a structure which is currently occupied by a
nonconforming use, or (b) a structure which was previously
occupied by a nonconforming use that has not been discontinued or
abandoned for a continuous period of 180 days.
I
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Uses established pursuant to this section are considered "special
uses". Once a special use approval has been granted, future uses
of the property shall be of no greater intensity than the special
I use.
~ Required Information: The applicant shall provide
standard application items pursuant to Section 2.4.3(A). In
addition, if establishment of the special use requires
improvements to a site or substantial changes to existing
improvements, the applicant shall provide a sketch plan showing
the extent of those improvements. At its discretion, the
Planning and Zoning Board may require submission of a site plan
prepared pursuant to Section 2.4.3(B). At the applicant's
discretion, a simultaneous site plan application and special use
application may be filed.
Jll Procedure: A special use request shall be processed
through the following sequence:
(a) Receipt and certification as complete. I
(b) Consideration at a public hearing before the
--- Planning and zoning Board.
I (c) Action by motion of the Planning and Zoning Board I
I to either approve, approve sub;ect to conditions,
'I or deny. A concurring vote of five (5) members I
shall be necessary to decide in favor of an
I applicant with respect to a special use approval. !
(d) Issuance of a final written order specifying the
I Board's action and conditions, if any.
I The authority to permit the establishment of a special use rests
with the Planning and zoning Board. Appeals of the Planning and
Zoning Board's decision shall be by writ of certiorari to the
Circuit Court filed no later than thirty (30) days after the
issuance of the Board's written final order.
l!l Conditions: Conditions may be imposed pursuant to
Section 2.4.4(C). In addition, the Board may impose additional
conditions on the operation of the use which the Board deems i
necessary to mitigate potential adverse impacts on adjacent
properties and uses, and to bring the site into compliance with
the City's Land Development Regulations, fire and safety codes,
and environmental ordinances.
- 2 - Ord. No. 23-94
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I (5) Findings: In addition to the provisions of Chapter
: Three:-the Planning and Zoning Board shall make the following
findings prior to approving the special use:
i
(a) That the use is appropriate for the subject site
--- based upon the particular location, design, and/or
orientation of the building that is to be
occupied;
(b) That the special use is less intense than the most
recent use which occupied the premises. In
determining whether or not a use is less intense,
the following factors shall be considered:
traffic, noise, odor, hours of operations, parking
requirements, and drainage;
lEi That the use will not have a significantly
detrimental effect upon the stability of the
neighborhood within which it is located, and;
(d) That the use will not hinder development or
redevelopment of nearby properties.
. of Special
I
11l Abandonment: When a special use is discontinued or
abandoned for a continuous period of 180 days, every subsequent
use shall be in conformity with the requirements for the zoning
district in which it is located.
J!L Modification: Modifications to an approved special use
must be approved by the Planning and Zoning Board. If the Board
finds that the requested modification is significant, then the
modification must be heard as a new special use application. Any
request for a modification may be denied.
- 3 - Ord. No. 23-94
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Section 2. That Chapter Two, "Administrative Provisions", ,
Article 2.4, " General Procedures" , Section 2.4.2, "Notice
Requirements" , Subsection 2.4.2(B) (1) (e), of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
:1 Florida, be, and the same is hereby amended to read as follows:
(e) Conditional Uses and Special Uses: Notice shall be provided
in the same manner as in Section 2.4.2(B) (1) (b). In
addition, a public notice shall be published in the legal
section of a newspaper and shall appear at least ten (10)
days prior to the hearing before the Planning and Zoning
Board. I
Section 3. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements", Subsection 2.4.3(K), "Fees", Sub-subsection
2.4.3(K) (1) (i), of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
( i) ~U_t
Special Uses, New application $ 500
Special Uses, Modification $ 200 I
, Section 4. That Chapter One, "General Provisions", Article I
1. 3, "Nonconforming Uses, Lots, and Structures" , Section 1.3.1,
. "Purpose", of the Land Development Regulations of the Code of I
. Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 1.3.1 Purpose:
(A) Within the zoning districts established by Chapter
Four, there exist lets, structures, uses of land and structures,
and characteristics of use, which were lawful before the passage
of said Chapter Four but are now prohibited, regulated, or
restricted. It is the intent to allow such nonconformities to
continue until they are removed, but not to encourage their
continuation. Nonconformities shall not be enlarged upon,
expanded, extended, or used as grounds for adding other
structures or uses prohibited elsewhere in the same zoning
districtJ, except as provided in Section 2.4.s(M).
- 4 - Ord. No. 23-94
..
I
I (B) Nonconforming uses are declared to be incompatible with
uses allowed in the zoning districts involved. A nonconforming
: use of a structure, land, or structure and land in combination,
i shall not be extended or enlarged, either by erecting additional
signs, adding additional square footage to a structure, or adding
other uses of a nature which would be prohibited in the zoning
district involved', except as provided in Section 2.4.5(M).
(C) To avoid undue hardship, nothing herein shall require a
change in the plans, construction, or designated use of any
building on which actual construction has been carried on
diligently. Actual construction shall include the placing of
construction materials in permanent position and fastened in a
permanent manner. Where demolition, excavation, or removal of an
existing building has been substantially started preparatory to
rebuilding, such demolition, excavation, or removal shall be
considered actual construction, provided the work is carried on
diligently, and the development becomes established pursuant to
2.4.4(C) .
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. 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 7, That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
I reading on this the day of , 1994,
I
I MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 23-94
I I
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-. .v
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CI~AG~
\ .I'
FROM: DIANE DOMINGUEZ, '. tl.
DIRECTOR OF PLANNING NING \'vJJ,lfL-;
SUBJECT: MEETING OF APRIL 19, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of text amendments related to nonconforming uses.
B A C K G R 0 U N D:
These amendments are a result of work done by the Planning and
Zoning Board subcommittee on nonconforming uses. The amendments
provide for the establishment of a special use process, which ,
will allow nonconforming uses to be replaced by those that are
less intense, after review and approval by the Planning and
Zoning Board. A draft ordinance was presented to the City
Commission at its workshop meeting of March 15, 1994. The
Commission suggested the addition of restrictions which would
prevent the automatic transfer of a special use approval from
one business to another. That language has been added to the
revised ordinance. The attached Planning and Zoning Board staff
report provides additional background and description regarding
the changes.
PLANNING AND ZONING BOARD CONSIDERATION:
The subcommittee presented its report and the draft ordinance to
the full Planning and Zoning Board at its workshop meeting of
February 14, 1994. The Board recommended minor changes to the
ordinance, which were made prior to its presentation at the City
Commission workshop in March. The P & Z Board will formally
review the amendments at the meeting of April 18, 1994. The
Board's recommendation will be forwarded to the City Commission
during its consideration of the amendments.
R E COM MEN D E D ACT ION:
By motion, approve the attached amendments creating LDR Section
2.4.5(M): Establishment of a Special Use; modifying Section
2.4.3(K)(1)(i) to provide a fee for a special use application;
modifying Section 2.4.2(B)(1)(e) to establish notification
requirements for special uses; modifying Section 1.3.1(A) and
(B) to provide a reference to the special use process; and
modifying Section 1.3.6 to increase the maximum amount that
can be expended on repairs to nonconforming structures/uses from
10% to 25%.
Attachments:
* P&Z Staff Report & Documentation of April 18, 1994
* Ordinance by others
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 18, 1994
AGENDA ITEM: V.E. LOR AMENDMENT RE: NONCONFORMING USES
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed
amendment to the Land Development Regulations regarding
nonconforming uses. The amendment creates a "Special Use"
process which allows for the replacement of nonconforming
uses with less intense uses.
BACKGROUND:
Several months ago, the City Commission directed the Planning
and Zoning Board to study the City's policies regarding
nonconforming uses and structures. There were two aspects of
the issue that the Commission wanted the Board to address: 1)
the continuation and/or replacement of nonconforming commercial
uses, and 2) the rebuilding of nonconforming structures
(especially high density residential buildings) in a
post-disaster situation.
The Planning and Zoning Board established a subcommittee to look
into these issues in detail. Staff prepared inventories of
nonconforming uses and structures throughout the City (including
nonresidential uses citywide, and residential uses east of
Federal Highway) , in order to assess the extent of the
properties that are affected by the existing limitations on
nonconforming uses and structures.
After studying the issue for several months, the subcommittee
prepared a report and recommendations for review by the full
Planning and Zoning Board at its meeting of February 14, 1994.
The Board endorsed the committee's recommendations with minor
changes, and presented the item to the City Commission at the
workshop meeting of March 15, 1994. The consensus of the
Commission was that the recommendations regarding the
continuation and replacement of nonconforming uses should be
brought back as a text amendment, with certain restrictions
added to the language. The Commission also supported the
Board's recommendations regarding the reconstruction of
nonconforming residential structures in a post-disaster
situation, but recommended additional study as to the
application of that policy to commercial structures and uses.
.
P & Z Memorandum Staff Report
LOR Amendment Re: Nonconforming Uses
Page 2
ANALYSIS:
The attached ordinance relates to the first issue only: the
replacement of nonconforming uses through the "special use"
process. It implements the following changes:
1) Adds a new section, 2.4.5(M) to the LORs, which
establishes the special use process;
2) Amends section 2.4.3 (K)(1)(i) to provide a fee for
a special use application;
3) Amends section 2.4.2(B)(1)(e) to establish
notification requirements for special uses;
4) Amends Article 1.3 , Nonconforming Uses, Lots, and
Structures to provide language which refers to the
special use process; and
5) Amends section 1.3.6, Repairs and Maintenance, to
increase the maximum amount to be expended on repairs
to nonconforming structures from 10% to 25%.
The amendment establishes a process that will allow for the
replacement of an existing nonconforming use with another less
intense nonconforming use. Uses permitted in this manner are
called "special uses," to be allowed only under limited
circumstances.
A special use request woul" be reviewed through a process that
is similar to that of a conditional use request, with
notification of adjacent property owners and a public hearing
before the Planning and Zoning Board. A concurring vote of at
least five (5) Board members would be necessary to approve the
use. The Board's action on special use applications would be
final; any appeals would be made to the Circuit Court.
The ordinance provides that in order for a special use to be
approved, the Board would have to make a specific finding that
it is less intense than the use which currently occupies the
premises, in terms of traffic, noise, hours of operation, etc.
Specific findings are also required as to the appropriateness of
the use at the proposed location, and its potential impacts on
adjacent uses. The Board could impose conditions on the
approval, and could require that the site be upgraded to present
standards.
As requested by the City Commission, language has been added to
the original draft of the ordinance to place certain limits on
the continuation of special uses. Special uses approvals are
not transferable from one business to another, even if the uses
ar the same. A special use which is discontinued by one
op~rator may not be reestablished by another without first going
through the special use application process again.
.
P & Z Memorandum Staff Report
LDR Amendment Re: Nonconforming Uses
Page 3
RECOMMENDED ACTION:
By motion, recommend to the City Commission approval of the
attached amendments to the following LDR sections:
1) Section 2.4.5(M), addition to the LDRs which
establishes the special use process;
2) Section 2.4.3 (K)(l)(i) to provide a fee for a special
use application;
3) Section 2.4.2(B)(1)(e) to establish notification
requirements for special uses;
4) Section 1.3.1(A) and (B) to provide language which
refers to the special use process; and
5) Section 1.3.6, to increase the maximum amount to be
expended on repairs to nonconforming structures from
10% to 25%.
Attachments:
* Proposed text amendments as listed above
DD'T:PZNCRPT,DOC
.
PROPOSED AMENDMENT TO LOR SECTION 2.4.5, PROCEDURES FOR
OBTAINING DEVELOPMENT APPROVALS
2.4.5
(M) Establishment of a Special Use
( I) Rule: Pursuant to the requirements of this
section, a new nonconforming use of a lesser intens i ty may be
established within: (a) a structure which is currently occupied
by a nonconforming use, or (b) a structure which was previously
occupied by a nonconforming use that has not been discontinued
or abandoned for a continuous period of 180 days.
Uses established pursuant to this section are considered
"special uses." Once a special use approval has been granted,
future uses of the property shall be of no greater intensity
than the special use.
(2) Required Information: The applicant shall provide
standard application items pursuant to 2.4.3(A) . In addition,
if establishment of the special use requires improvements to a
site or substantial changes to existing improvements, the
applicant shall provide a sketch plan showing the extent of
those improvements. At its discretion, the Planning and Zoning
Board may require submission of a site plan prepared pursuant to
2.4.3(B). At the applicant's discretion, a simultaneous site
plan application and special use application may be filed.
(3 ) Procedure: A special use request shall be
processed through the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the
Planning and Zoning Board.
(c) Action by motion of the Planning and Zoning
Board to either approve, approve subject to
conditions, or deny. A concurring vote of five (5)
members shall be necessary to decide in favor of an
applicant with respect to a special use approval.
(d) Issuance of a final written order specifying the
Board's action and conditions, if any.
The authority to permit the establishment of a special use rests
with the Fanning and Zoning Board. Appeals of the Planning and
Zoning Board's decision shall be by writ of certiorari to the
Circuit Court filed no later than thirty (30) days after the
issuance of the Board's written final order.
.
(4) Conditions: Conditions may be imposed pursuant to
Section2.4.4(C). In addition, the Board may impose additional
conditions on the operation of the use which the Board deems
necessary to mitigate potential adverse impacts on adjacent
properties and uses, and to bring the site into compliance with
the City's Land Development Regulations, fire and safety codes,
and environmental ordinances.
(5) Findinqs: In addition to the provisions of Chapter
Three, the Planning and Zoning Board shall make the following
findings prior to approving the special use:
a) That the use is appropriate for the subject site based
upon the particular location, design, and/or orientation of
the building that is to be occupied;
b) That the special use is less intense than the most
recent use which occupied the premises. In determining
whether or not a use is less intense, the following factors
shall be considered: traffic, noise, odor, hours of
operations, parking requirements, and drainage;
c) That the use will not have a significantly detrimental
effect upon the stability of the neighborhood within which
it is located, and;
d) That the use will not hinder development or
redevelopment of nearby properties.
(6 ) Transfer of Special Use Approval: Approval of a
special use is not transferable. When a business which
possesses a special use permit vacates the premises, future
occupants shall apply for a special use permit, even if the use
is the same as indicated on the previous occupant's special use
permit. The special use must be established within 180 days of
the date of discontinuance by the previous occupant.
(7) Abandonment: When a special use is discontinued or
abandoned for a continuous period of 180 days, every subsequent
use shall be in conformity with the requirements for the zoning
district in which it is located.
(8) Modification: Modifications to an approved special
use must be approved by the Planning and Zoning Board. If the
Board finds that the requested modification is significant, then
the modification must be heard as a new special use application.
Any request for a modification may be denied.
.
NOTIFICATION PROVISIONS:
2.4.2(B)(1)(e) Conditional Uses and Special Uses: Notice shall
be provided in the same manner as in Section 2.4.2(B)(l)(b). In
addition, a public notice shall be published in the legal
section of a newspaper and shall appear at least ten (10) days
prior to the hearing before the Planning and Zoning Board.
FEES:
2.4.3(K)(1)(i) Special Uses, New application $ 500
Special Uses, Modification $ 200
Section 1.3.1
ARTICLE 1.3: NONCONFORMING USES , LOTS , AND STRUCTURES:
Section 1.3.1 Purpose:
(A) Within the zoning districts established by Chapter
Four, there exist lots, structures, uses of land and structures,
and characteristics of use, which were lawful before the passage
of said Chapter Four but are now prohibited, regulated, or
restricted. It is the intent to allow such nonconformities to
continue until they are removed, but not to encourage their
continuation. Nonconformities shall not be enlarged upon,
expanded, extended, or used as grounds for adding other
structures or uses prohibited elsewhere in the same zoning
districtJL except as provided in Section 2.4.5(M).
(B) Nonconforming uses are declared to be incompatible with
uses allowed in the zoning districts involved. A nonconforming
use of a structure, land, or structure and land in combination,
shall not be extended or enlarged, either by erecting additional
signs, adding additional square footage to a structure, or adding
other uses of a nature which would be prohibited in the zoning
district involvedJL except as provided in Section 2.4.5(M).
(C) To avoid undue hardship, nothing herein shall require a
change in the plans, construction, or designated use of any
building on which actual construction has been carried on
diligently. Actual construction shall include the placing of
construction materials in permanent position and fastened in a
permanent manner. Where demolition, excavation, or removal of an
existing building has been substantially started preparatory to
rebuilding, such demolition, excavation, or removal shall be
considered actual construction, provided the work i8 carried on
diligently, and the development becomes established pursuant to
2.4.4(C).
Section 1.3.2 Ronconformino Lota of Record: Any lot or parcel
of record which qualifies as a lot of record may be used only as
allowed in Section 4.1.4.
Section 1.3.3 Nonconforming Uses of Land, or Land with Minor
Structures Only: Where lawful use of the land existed on
September 1, 1990, that would not now be allowed and where the
use involves no individual structures with a replacement cost
exceeding $1,000, the use may be continued, subject to the
following provisions:
1301
.
Section 1.3.6
(C) Should the structure involving a nonconforming use be
destroyed by any means to an extent exceeding 50' of its
replacement cost, such structure shall not be reconstru(:ted
except in conformance with both the development and use
requirements for the zoning district in which it is located. .
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
exceed Z125' of the current replacement cost of the structure.
(8) If the Chief Building Official declares a nonconforming
structure or structure containing a nonconforming use to be
unsafe or unlawful due to its physical condition, such structure
shall not be rebuilt, repaired, or restored, except in con-
formance with the requirements for the zoning district in which
it is located.
(C) Nothing herein shall prevent the strengthening or
restoring to a safe condition, any building or part thereof
declared to be unsafe by the Chief Building Official.
Section 1.3.7 Uses Allowed as Conditional Uses: Any use which
is now allowed as a conditional use in a zoning district but
which, prior to September 1, 1990, was an established permitted
use shall not be deemed a nonconforming use but shall without
further action be considered a conforming conditional use. A use
previously established as a conditional use and now allowed as
such, shall be subject to conditions as originally imposed
thereon.
1303
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF APRIL 19, 1994
FIRST READING/ORDINANCE NOS. 23-94 AND 24-94 RELATING TO
NONCONFORMING USES
DATE: APRIL 15, 1994
Ordinance No. 23-94 amends the Land Development Regulations by
creating a "Special Use" process which allows for the replacement
of nonconforming uses with less intense uses. Ordinance No. 24-94
amends the LDRs to increase the maximum amount to be expended on
repairs to nonconforming structures from 10% to 25%.
These amendments were reviewed in draft form by the City Commission
at the workshop meeting of March 15, 1994. Additional restrictions
suggested by the Commission at that time have been incorporated
into the ordinances proposed for adoption. The attached staff
report provides additional background and description regarding the
changes.
The Planning and Zoning Board will formally review the amendments
at the meeting of April 18, 1994. The Board's recommendation will
be provided to the Commission at the April 19th meeting.
Recommend consideration of Ordinance Nos. 23-94 and 24-94 on first
reading. If passed, public hearing will be held on May 3, 1994.
ref:agmemolO
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~1
SUBJECT: AGENDA ITEM # /~ B - MEETING OF APRIL 19, 1994
FIRST READING/ORDINANCE NO. 24-94 AMENDS THE LDR'S TO
INCREASE THE MAXIMUM AMOUNT EXPENDED ON REPAIRS RELATING
TO NONCONFORMING USES
DATE: APRIL 15, 1994
Ordinance No. 24-94 amends the Land Development Regulations to
increase the maximum amount to be expended on repairs to
nonconforming structures from 10% to 25%.
This amendment was reviewed in draft form by the City Commission at
the workshop meeting of March 15, 1994. Additional restrictions
suggested by the Commission at that time have been incorporated
into the ordinance proposed for adoption. Refer to the staff
report provided with Ordinance 23-94 for additional background and
description regarding the changes.
The Planning and Zoning Board will formally review the amendments
at the meeting of April 18, 1994. The Board's recommendation will
be provided to the Commission at the April 19th meeting.
Recommend consideration of Ordinance No. 24-94 on first reading.
If passed, public hearing will be held on May 3, 1994.
~on /sr~
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fu4 6nd- In ~
ref: a grne mo 1 0
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I ORDINANCE NO. 24-94
I
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1. 3,
"NONCONFORMING USES, LOT S , AND STRUCTURES", SECTION
1.3.6, "REPAIRS AND MAINTENANCE", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT
REPAIR WORK DONE ON ANY NONCONFORMING STRUCTURE OR ON
A STRUCTURE CONTAINING A NONCONFORMING USE SHALL NOT
EXCEED 25% OF THE CURRENT REPLACEMENT COST OF THE
STRUCTURE 1 PROVIDING A GENERAL REPEALER CLAUSE, A I
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a recommendation of approval 1
and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
I objectives and policies of, the Comprehensive Plan.
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter One, "General Provisions", Article
1. 3, "Nonconforming Uses, Lots, and Structures", Section 1.3.6,
"Repairs and Maintenance", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
exceed l'~% of the current replacement cost of the structure. I
I
(S) If the Chief Building Official declares a nonconforming I
structure or structure containing a nonconforming use to be
unsafe or unlawful due to its physical condition, such structure
shall not be rebuilt, repaired, or restored, except in
conformance with the requirements for the zoning district in
which it is located.
1
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.
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I (C) Nothing herein shall prevent the strengthening or
I restoring to a safe condition, any building or part thereof
: declared to be unsafe by the Chief Building Official.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
I
MAY 0 R
. ATTEST:
City Clerk
First Reading
Second Reading
I
- 2 - Ord. No. 24-94
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[ITY DF DELIAY BEA[H ~~ ~ /0
DELRA Y BEACH
f I 0 . I 0 ... 100 N.W. 1st AVENUE . DElRAY BEACH, FLORIDA 33444 . 407/243-7000
....
A1~America City
, till! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MTG., APRIL 14, 1994
APPROVAL FIRST READING ORDINANCE # ;J.S -94
PREQUALIFICATIONS OF BIDDERS/CONSTRUCTION PROJECTS
DATE: April 15, 1994
ACTION
City Commission is requested to approve on first reading
Ordinance # ~S -94 which would allow the City to prequalify
bidders for construction projects. If approved, second reading
and public hearing would be held on May 3, 1994.
BACKGROUND
City Commission had requested staff and the City Attorney to
research the possibility of prequalifying bidders for the Golf
Course Clubhouse project. The City Attorney has completed her
research and has determined that we can prequalify bidders,
provided we have an ordinance in place, and that we set forth
nondiscriminatory criteria for prequalification. Attached are
copies of suggested prequalification criteria, as well as
submittal forms. Staff still needs to review the criteria and
forms with Mr. Bridges. Some adjustments may need to be made.
If this ordinance is approved we would advertise the
prequalification, receive input and review, then make a decision
as to those that are prequalified. Bids would not be
advertised. Specifications would be sent only to those
prequalified.
This ordinance is proposed at this time in order to meet our
project schedule.
RECOMMENDATION
Recommend approval of ordinance on first reading, to be
effective immediately upon passage on second and final reading.
RAB : kwg
Attachments
@ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS / ~ e..-
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~: ~!J,.~;,t. ;'.,Oc,", ....l~;[p-ft,
~..' FYJ A~
. Yi)--! JNtO'fJt/;V.).1 ...~ ~ APR 14 ',Oq,1
[IT' OF DELRA' BEA[H r
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CITY ATTORNEY'S OFFICE 21)0 NW Ist AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMIl.E 4011278-4755
MEMORANDUM
DATE: April 13, 1994
TO: City Commission
David Harden, City Manage~
FROM: Susan A. Ruby, City Attorn
SUBJECT: Prequalification of bidders
You asked the following question of whether the City could
require prequalification of contractors before they bid on the
new golfcourse clubhouse. It is my opinion that the City can
require prequalification of bidders, with an amendment to our
ordinances.
The prequalification guidelines and techniques must be
rationally related to the requirements of the particular job
that is being bid on. The method used for prequalification
must be unobjectionable and it must not promote favoritism
among the bidders. City of Opa-Locka v. Trustees of Plumbinq
Industry Promotion Fund, 193 So.2d 29 (Fla. 3d DCA 1966). The
prequalification guidelines must not be arbitrary or
capricious. If the guidelines are shown to be arbitrary or
capricious, then they could be struck down as being
unconstitutional. For each construction job that the City
wants to prequalify bidders on, it will have to examine closely
the prequalification guidelines to make sure that contractors
are not being unfairly excluded from the bidding process.
Our office has prepared a proposed ordinance (attached), which
would allow for the prequalification of bidders on City
construction projects. Also, attached are some proposed
guidelines for prequalification of a contractor for the
golfcourse clubhouse as well as a proposed bidder
prequalification form.
SAR:ci
cc: William Greenwood, Director of Environnental Services
Jose Aguila, Assis~t Construction Manager/ARCH
Ted Glas, Director of Pur:cbasi.n}
.,
ORDINANCE NO. 25 -94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING, CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", SECTION
36.06, "COMPETENCY IN BIDDING" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING THE HEADING OF 36.06 AND BY ENACTING
36.06(B) TO PROVIDE FOR THE PREQUALIFICATION OF
BIDDERS. PROVIDING A GENERAL REPEALER CLAUSE;
A SAVING CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires to insure that only competent and qualified contractors
will bid on City projects.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property
Transactions", Section 36.06, "Competency in Bidding" of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending the heading of Section 36.06 and by adding
subsection (B) to read as follows:
Section 36.06. Competency in Biddinq; Prequalification of
Bidders
(A) Competency in bidding is defined as being able properly
to demonstrate trade or industry proficiency, standing, and
qualifications, and the financial ability to deliver the goods or to
complete the contract as executed, together with the submission of a bid
which, in every respect, fully meets and complies with the terms,
conditions, and specifications, or stated alternatives thereto, which
were made a part of, or which are inherent in, the invitation to bid.
( B) The City of Delray Beach may require prequalification of
bidders on City construction proiects.
Section 2. 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 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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MINIMUM CRITERIA TO BE USED IN PRE-QUALIFYING CONTRACTORS FOR
THE DELRAY BEACH GOLFCOURSE CLUBHOUSE
I. CONTRACTORS BUSINESS INFORMATION
No Minimum Criteria as to type of business.
II. SURETY COMPANY
Contractor must have adequate bonding capacity to provide
for 100' Performance and Public Construction Bonds for
this project. A letter from the Surety Company is
requested as evidence of the above with a minimum of 1
million dollars for a single project.
Surety Company must carry an industry rating (per Best's
Key Rating Guide) of "A-IX" or higher. The Surety Company
shall have a resident agent, licensed and having an office
in Palm Beach, Dade, Broward or Martin Counties, Florida,
to execute and issue the bonds.
, III. EXPERIENCE
Minimum experience requirements as a prime contractor
responsible for the complete construction of a new
building:
A. The firm(s) must have successfully completed at least
one recreational type building (ie, clubhouse, hotel,
or similar use building) project, with a total
construction cost of at least $1,000,000; and
B. The firm(s) must have successfully completed at least
one governmental or commercial building construction
project with a total construction cost of at least
$1,000,000.
C. The firm(s) must demonstrate experience of the key
personnel assigned on-site, as individuals or in
combination, with the following minimum experience:
1. Recreational type building over $1,000,000; and,
2. Construction experience on at least one
governmental or commercial construction project
over $1,000,000.
IV. LITIGATION
A. Not be involved in current or pending litigation
which, in the opinion of the City, is likely to have
a material negative impact on their ability to
execute this project.
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B. Not, in the opinion of the City, display an
undesi~able pattern of litigation with Owners over
construction matters.
V. SAFETY RECORD
The firm(s) must, in the opinion of the City, have an
adequate safety record. Adequacy will by judged through
the review of OSHA citations and insurance experience
modification factor.
VI. FLORIDA LICENSE
The firm(s) must have a valid Florida General Contractor's
License.
VII. FINANCIAL CRITERIA
The firm(s) must, in the opinion of the City, have a
financial record that will enable the firm(s) to complete
the project.
r:\txtl\guidbid.rbs
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BIDDER PREQUALIFICATION FORM
JOB OR PROJECT ON WHICH THIS BID IS BEING SUBMITTED:
Submitted To:
Location:
Date Submitted:
Submitted By:
Name and address of organization or firm:
Definitions:
All references to "you","organization" or firm appearing in
this document refer to the person, organization or entity
submitting this bid.
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1- How long have you been in your current business?
2. Have you ever used any other names for your organization
than the one you have listed at this time? If so please
list the names and the time period that you used them.
3. Depending on the type of organization you have please
answer the appropriate questions.
Corporation:
Date of incorporation -
State of incorporation -
President's name -
Secretary's name -
Treasurer's name -
List names of your directors -
,
Partnership:
Date organization formed -
Type of partnership (ie. general, limited or other) -
Name of partners -
Other orqanization, sole proprietorship, etc.:
Date organization was formed -
Name of owner(s) or principal(s) -
4. Is your organization legally qualified to do business in
the State of Florida and the County of Palm Beach? Please
attach any applicable license or registration.
5. List the projects or jobs that you have worked on in the
past that most closely relate to the project that you are
bidding on now. Provide the names and addresses of the
projects, and the dates you performed work on these
projects.
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6. If you have ever failed to complete a project or job
please list it along with any applicable reason for such
failure.
7. List all of the pending or outstanding lawsuits,
judgments, or any other action in which a claim has
arisen against the organization or any of its officers,
partners or owners.
I
8. List all lawsuits or claims filed on behalf of your
organization in regards to construction or vendor
contracts within the past five years.
9. List the major construction projects that your
organization is currently working on and the expected
completion date.
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10. Provide a financial statement, audited, for the
organization submitting the bid, and include in the -~
financial statement a list of the following: all assets
all liabilities, name and address of the person or firm
preparing the financial statement.
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11. Attach Schedule G listing any OSHA citations and any fines
that may hav~ been imposed on your company or organization
in the past five years. If bidder is a joint-venture or
partnership, list citations for both firms.
12. State your current Insurance Experience Modification
factor.
13. List at least five (5) business references:
14. List at least two (2) bank references:
15. List the name of the bonding company that you intend to
use.
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Dated, this day of , 199 -' by
as representative of
.
being duly sworn deposes
and says that the information provided herein is true an
sufficiently complete so as not to be misleading.
Subscribed and sworn before me this day of
, 199 - .
Notary Public:
My Commission Expires:
R:\txt1\bidder.rbs
ERIES CITY OF OPA-LOCKA T. 'l'RUSTEES or PLUMBING IND. PRO. F. Fla. 29
\'1' Cite a.. FIL. 113 So.2d :!II
> bank and committed him financial transactions between the hus- 29 S02d 18; and the annotations appur-
imprisonment in the county band and wife and in financial trans- ing in 136 A.L.R. 715,
ereupon sued out writ of ha- actions between the husband and wi fe In the calle sl/b jlldice, the respondenr
irecUy in the Supreme Courtr on the one part and the Bank on the other
\t such pa)"ments to the bank, part. _TtI<I~e had alread}' cited petitioner for con-
ided for in the final decree tempt of Court and had set a hearing for
case, was not a proper sub- The decree in this regard constituted thc purpolle of determining the merits or
r the contempt order :lOd that no more than the adjudication of a cidl the proceeclin~ which, under the foregoing
tion was void, There was liability to a party who was not a party anthoritie!', he was without power or juris-
presented to the Supreme to the suit and, therefore, was not bonnd Ilkticn to adjudicate.
lestion now here in\'olved, b,)' it, Ordinarily, therefore, i!lsuance of the ah-
Ie added feature, common to. We h:1\"e considered the CaSc!I cit<,d in !'ulnte rule ill prohihition would auto-
1 case and the instant case, brief for the respon,lcnt Jmlge but do not tttatically follow, but ill this case we are
I decree, providing for the find them in point, sure Jml,:c Phillips will follow thi!l opinion
It to the third party creditor, and the formal issuance of the absolute writ
:nns of a property scttlcment Tile Jccrt'e bt"illU (llle n'ql/irill!T Ill." will accunlillgly be withheld,
ween the parties). fla)'",c." of a debl tllell tllle I" 'I IlIi...l It is !'O onll'r<,d.
~ the issue involved, the Su- parI)' is 1101 a decree tlwl fila,\' be CII-
II Calm held as follows (text foruli by /,rClucdillUs ill CI111It'IIItl." "\ l.LEX, C. J" al111 LJLE5, ]" concur.
(Eml,hasis supplied),
~ 'a.'as 1101 a tarly 10 lIlt! sIIiI [4,5] .. Prohihition" is Ihat pmet'ss loy
Balik a parly 10 IlIe agree- which a sUIl("rior Court I're\'l'nts an inf,'ri..r
as lilt! rt!cord sllo~r:s, That ..' Court or tribunal from exceeding its ju-
~
lecree requiring the payment ,. risdiction or usurping jurisdiction with
of $so. with accrued interest .t which it has not becll v<,stcd b}' law. Slate
, therein referred to to be .; e..'t reI. FloritL"\ Real Estate Commission
.~ CITY OF OPA-LOCI(A, a municIpal
jUt day of each and evcry T. Anderson, Fla.App.1%4, 164 So,2d 26:;; corporation, Appellant,
..iter was simply a decree State ex rei, O'Donnell \'. Hall, Fla.App.
bert B, Calm to pay a debt 1~$, 175 S02d 792, It is an extraordinary v,
tS already obligated to pay, writbccause it oul}' issues when the part)" TRUSTEES OF the PLUMBING INDUSTRY
alilllony, nor was il suit seeking it is without other al/(qll/ltc means PROMOTION FUND, a trust fund, A, M.
A, Engineering and Construction, I nc" a
~ position of the Bank has of redress for the wrong about to be in- Florida corporation, and Harry Pepper &.
anged either by the agree- flicted by the act of the ill [crior tribunal. Associates, Inc., a Florida corporation, Ap-
1 the parties thereto, nor by State ex rei, Ferre v. Kehoe, Fla.Apl', pelleos. ,
: the Court in regard to the 1965, 179 S02d 403, .
No. 66-552.
the money to the Bank,
the obligation of Cahn to [6] In elses cited in Scussc\ v. Kdl)'. District Court of APf'Clll of Flori.!n.
"
odified or changed by the ., F1a.App.I963, 152 S02d 767, it was held 'l'hird District.
, by the decree, Section 16 that prohibition is an appropriate remedy Dee. 20, 1000.
ration of Rights, Constitu- to prevent judicial action when the judge i!
ida, provides: without jurisdiction to act in a cause, and
shall be imprisoned for debt, may be sPecifically invoked against a judge Proceeding on appeal from a final de-
es of fraud.' when a party is about to ue cited for con- cree of the Circuit Court, Dade Count}.,
i tempt on the basis of acts which could Hal. p, Dekle, ]" enjoining cit}, from rec-
in regard to the pa)'ment of ". not constitute contempt of court. See State ognizing bid of contractor on contract to
) the Bank was not based ex reI. McGregor '". Peacock, 1934, 113 install cemetery sewer house services. The
trital duty of the husband ., F1a. 816, 152 So. 616; State ex rei. Hill District Court of Appeal, Hendry, C. J.,
It was based upon civil ;{j' v, Hearn, FIa,1957, 99 So.2d 231; State ex held that county code pro\"ision requiring
'ugh it is true that the lia- .1 reI. Gary v. D:J\"i~, 1922, R3 Fla, 4~2. 91 50, that bidder be certified as competent prior
to have had its origin in 267; Giblin v. State, 1~47, 158 Fla. 49l\ to bidding on public works project was not
"
,
30 FIa. (' .193 SOU'l'lU1If.R' :B.BPORTEB;'~ :SERIES ,
invalid as unreasonable restriction on com- 8. Municipal Corporations C=237
petition or as ,,'iolation of public policy. County code provisiol1 requirinlr thnt
Decree affirmed. bidder be certified as competent prior to
bidding on public works project W3S not
il1\'alid as unreasonable restriction on com-
I. statutes 1S=>200, 203 petition or as violation of public polic~'.
Where text of act reflects clear Ic!:is- F.S.A, ~~ 180.01 ct seq., H.lO.24.
lative intent, such intent may be effectuated
II~' SUflpl~'ing word inadvertentl)' omitted 9, Municipal Corporations e=o330(3)
a IIJ corrcctinS' clerical errors, Cit), coulclnot wai\'e Ilec('s.o;ity of puhlic
works project biddcr having certificate
2, Municipal Corporations e::>330(1) of competency prior to bidding, as reqnired
City c11arter provisions thnt expcn,li- by provision of county codC'. ns immateri:ll
tures for mnterials and supplies shnll he \'iolntion in ~pecificntions for compctith'e
nmclc on basis oi scaled competith'e bids hidding. F.S.^. n 180,01 et seq., 180.24.
are dcsigll('d 10 secure fair competition on
('(Jual terms for all bidders, to avoid fa\'or- .
ili$m and to secure public improvements at Albert 1. \Vcintraub, Miami, {or appel-
low('st possiblc cost to ta....payers, lant,
3, Municipal Corporations ~330(1) Josel'h J r. Kaplan, Fr('d Patrllx, Miami,
All p<:rsous or corpor:\tions ha\'ill~ for appellees,
ahility to furnish supplies or materiai:5
needed or to perform work to he done for Before HENDRY, C. J" and PEARSON
municipality should be allo\\'ed to compete :ll1d CARROLL, J],
f reel)' without unreasonable restrictions. -
4. Municipal Corporations e:>235 HENDRY, Olief Judge.
Where competitive bidding is required, By its final decree, the lower court en-
ordinance which unduly limits number of joined the City of Opa-Locka from recog-
.-- bidders thus tending to increase cost 0 f nizing the bid of Harry Pepper & Asso-
work is ,"oid, and ill addition, such ordi- ciates, Ioc" on a contract to install cer-
nances are ,,"oid on constitutional ground tain sanitary sewer house services, known
of discrimination, as Project No. 1002.
. .
.5. Munlelpal Corporations e:>237 On March 11, 1966, the city of Opa-Locka
Attempts to qualify bidders for mu- advertised for bids on Project No. 1002,
nicip..'lI contracts prior to receipt of bids The bids were {onn.-llly opened and it was
.are sllst.'1inable as long as method of pre- found that Harry Pepper & Associates.
(Jualification is unohjcctionnole, Ine" had made a substantially lower bid
than any other bidder, It was further
6. MUlllclpal Corporations C=237 noted that Pepper did not possess a "Ccr-
rrocedure of prcqua.lifyillg bidders for tificate of Competency" {rom Metropolitan
municipal contracts must not be scheme to Dade Count).,
promote favoritism among bidders but must TIle city p<:rmitted Pepper to obtain n
treat all alike. certificate and then passed on first reading
" Evldellce C=32 an ordinance accepting the bid of Pepp<:r,
A meeting of the city commission was
District Court of Appeal cnnnot take schcduled for June 3, 1966 for the purpose
judicial notice of municipal ordinances. oi final reading of said ordinance,
i
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CITY OF OPA-LOCXA. Y. TRUSTEES OF PLUllBING IND. PRO. F. Fla. 31
< Clte ... J'Ia.. 1113 80.24 20 ~
S ,;. .,' ~ '!"\
Immediately preceding the meeting issued by the appropriate e.."tamining
IUO 237 A. M. A. Engineering and Construction. board. qualifying said person, firm, cor-
rovisiol1 requiring that Inc., the second lowest bidder. and the poration or joint-venture to perform
trustees of the Plumbing Industry Pro- the work proposed by the bid and con-
u competent prior to motion Fund. a nOon-profit trust established tract documents," [Emphasis added, ]
.vorks project was not in Dade County for the purpose of im- i! ,
lble restriction on com- I' I
proving the plumbing industry. filed their [1] The chancellor substituted the word tl ~
:ltioD of public policy. 'I '
"on" (or "or" as it appcars in the phrase L I
complaint for emergency injunction. it :
seq.~ 180,24. "proffer a bid or any public works project". ;Hr
The chancellor found that ~ 10-3(b). ... t
and the word "oC" between the words ., ,
I.
Itlons ~330(3) Code of :.Ictropolitan Dade County makes "time" and "such" in the phrase "at the :11
'P
iaive necessity of public it unlawful Cor any person, firm. corpo- time such bid", \Ve believe that the intent I I
der having certificate ration or joint-venturc to bit! or proffer of the section is clear. i. e.. to require as :11
:;:j
to bidding. as required a bid on any public works project, unless a condition precedent to bidding 011 any j
nty code, as immaterial such bidder holds an :ll'Jlrol'riate certifi- public works project that the bidder hold
;ations for competitive cate of competency qualif)'ing him to per- a v:llid certificate oC competency. '....here. .,p
..:\
180,01 et seq.. 18024. form the work proposed by the bid. The :IS here, the tc."tt of the act reflects the '~
chancellor also found that this section is a c1e:lr legislative intent. then this intenl may "I
.. valid legislative enactment which the city .Ii
. ., he effectuated by supplying the words in- ;.
aub. Miami. for appel- could not lawCully waive. Since it W:lS ad- ad\'ertently omitted and correctin!:, c1crical il
mitted that Pepper did not JlOs!\C!ls sllch a errors.1 ~l
certific:\te at the time it submitted :\ hid. 1\
I, Fred Patrox. Miami. tJle chancellor found that Pepper was not ;J
[2,3) Section 2-19(a). Charter of the ~
qualified to bid on p'roject No. 1002. Cit~. of Ora-Locka provides that, "All
" C. J.. and PEARSON The city contends that 110-3(b). supra, expenditures for supplies. I1lllterials, equip-
as written contains missing words or gram- ment for contradural services. e."tcellt for
matical errors which renders it meaningless. professional services. amounting to more ;1
I The city also contends that the lower than One Thousand Dollars shall be made n
: J eourt's construction oC fi 10-3(b) renders on the basis of sealed eompetitive bids."
this section unconstitutional as :1 restraint Provisions such as this are designed to ~ t
~, the lower court en- of competition in bidding on public works secure fair competition on equal terms for
)pa-Loclca from recog- all bidders. to avoid favoritism and to se- 't
and violates the public policy of the State "
Iarry Pepper & Asso- ~f Florida. It further contends that ~ 10-3 cure public improvements at the lowest :~p
,ontract to install cer- (b) is void insofar as it contravenes chapter possible cost to the ta.'Cpayers.= "All per-
house services. known 180. Fla.Stat., F.S,A. and that fi 10-3(b) sons or corporations having the ability to
may be v.oaived by the <:it)'. furnish the supplies or materials needed.
i, the city of Opa-LoeIca or to perform the' work to be done should'
See. lO-J(b) Code of Metropolitan Dade be allowed to compete freely without un-
on Project No. 1002. County (Ord. No. 64-59. f 3. 11-24-64). reasonable restrictions.'fJ !(
IaIly opened and it was as written, is as follows: ! ~
Pepper & Associates, The city argues that if a certificate of "
~l
substantially lower bid "Any person. firm. corporation, or competency is a condition precedent to
ider. It was further joint venture who shall bid or proffer bidding then it is an unreasonable restric-
lid not possess a "Cer- a bid or any public works project shall. tion on competitive bidding bccause its
ICY" from Metropolitan at the time such bid or proffer DC bid. effect is to limit competition (or public
hold a valid certificate of competency works projects within Dade County to
:d Pepper to obtain a I. Al'1llatl'OllC T. Clt1 of Edl;ewlIter. FIll. (lD30) ; Mll7u I'riDtlnC CODlpllny .,
passed on first reading 1003, 1li7 So.:!d 422; 00 Am.J ur. Stlltutcs Flo'W'en. Fla...&.pp,l003. 1M So.:!d 850.
ing the bid of Pepper. S 284. 3. 10 McQuiUID. )Iuniclpal Corporlltiollll I
city commission was .2. Robert G. Ln.slter &. Co. T. Tnylor, 99 29.44 (3ni ed. 1950).
;. 1966 for the purpose J'la. 810. 128 So. H. GO A.L.R. ~
: said ordinance.
.,
.
32 F1a. 193 SOUTllE~ REPORTER, 2d SERIES
business firms regularly doing business in Chap. lBO, Fla,Stat., F,S.A, is U- s
this area. of the authority for a munic:ipalit) f(
quire its citizens to connect to its sanitar
[4,5] Where competitive bidding is re- system, ~ lSO.24 Fla,Stat., F.S,A. requin
quired, any ordinance which unduly limits competitive bidding for contracts for COI
the nuntber of bidders thus tending to in- struction of any of the utilities mcntionl'
crease the cost of the work is void; in in chapter ISO. \Ve have previously d,
addition, such ordinances are \'oid on the termined that on its face, fi 10-3(b) supe
constitutional ground of discrim ina t ion. 4 docs not cont fa \'cnc a statute rCl/1II rll:
However, attempts to qualify bidders prior competitive hidding.
to the receipt of the bids ha\'e heen sus- Finally, the city :lfgucs that it III:!
tained as long as the method of prequalifi-
cation is unobjectionable,s By st:ltlltc, w:live the ncccssity of a bidclcr ha\'in~
cities in New York baving a (lOpulation certificate of compctency prior to biddi"
of one million or more may restrict lJidding as :In iml1latcrial violation in specific:ltiol
to those who shall have qualified prior to for competith'e bidding. The cit}, (lOill
the receipt of bids according to standards out that the low bidder on Project N.
fixed by the board of eduCc"ltion.' 1002 was able to secure such a certific:ll
after submitting its bid.
[~] The objective of ~ 10-3(b) Code (9] To allow the city to permit biduc
of Metropolitan Dade County is reasonable to qualify after their hids arc acccptl
insofar as it limits bidders to those who are
responsible and competent. On its face, wOllld circlIn1\'ent the intcnt of ~ 10-3 (I.'
S 1~3(b) does no more than require that It would also be :In unf:lir :ldv:lIltage 0\"
a bidder be certified as competent prior those who must prequalify, If the cit}, m:
to bidding on a public works project. The in its discretion w:live this section it WOll
procedure of prcqualifying bidders must be conducive to f:l\'oritislll by allowint!-'\on
, not be a scheme to promote favoritism bidders to qualify after their bids '\1.
amoag bidders, but must treat all alike. cepted while refusing to consider tHUS '
The record before us does not re lIect the others on the gronnd th:lt they did n
procedure whereby Dade County pre- prequaliCy,l
qualifies bidders, We ean not t:lke ju- Having determined that the decree '
dicial notice of municipal ordinances,7 We the chancellor is without error, it is :l
haft, therefore determined that the chan- . firmed.
ce1lor was correct in finding that ~ 10-3(b),
supra. is a valid legislative enactment. Affirmed.
4. ADdenon .... Fuller. 51 Fill. 380, 41 ~o. GOO. 70 A.:M 021 (1!)OO); Harrill v, City
G1H. G L.R.A.,N.S.. 1026 (ll1OG); 10 AIl.'- of I'hilo.dclt,hin, 200 1'0.. 473, 140 A, 7:.:'~
QaiDiD, op.eit. IUPI'll DOto 3 5 29.48- (1930).
5. Willil\M A. Co.reT &: Co, v, Dorough of 6, N.Y.EduentioD rAW. MeKinDcy's Conllol.
Fair Lawn. 37 N..T.supcr, 159, 117 A.~c\ Lo.\V3. e. 1G, I 2000, IUW. 12: Ap\.lic:l'
loCO (1955): AlIplieo.tion of CArilto Con. tion of Carilto Construction Corl'" IU\lr:1
.unction Corp., 30 Miae.2d 1M. 221 N.Y. note a.
I'. 8.2d 956 (1061) modified 011 othor
I'. poundl Cariseo CoDII!:. Corp. v. Rubin. 7, Stllte ex reI. Knr v. Cit.9' of Miami, 158
U A.D.2d 561. 222 N.Y.S.2d 008 aff'd 10 Fill. 26, 2'i So.2d 413 (104G),
N.Y.2d 53S, 225 N,Y.S.2d 1502. 180 N.E.
2d 794; Applieo.tion of Pipe &: EDJ:inecr. 8. .T. Turco Pu\;nl: Contr.. Inc. T. City
. ,. .~ lac Co.. Sup.. 220 N,y.s.2d 17G (1061); Couu('i1 or Cit~. or Orllnl:c. SO N..l.~u\"'r.
"':'.
CorCOrlln ..., CitT of PhUndelphio.. 363 Po.. 93. ~13 A,~d saa, 870 (1005).
..
. . ','~"- "\,,,,,,~., ..~ .:.'""r'D,f lLBlO. P. " I"l.,=;.",,:-.t."" f.... Fla. 33
../!y. .'\,~ ", "cu....'J'l&.. 18380.24u.....' ;J~. ~.' ,-
<
F.S.A. is the basis Judge (concurring. spe- child within purview of dependent child
~ ;,pality to roe- statute. F,S.A. I 39,01(10).
i. .0 its sanitary I concur in this decision only because, as
It., F.5,A. requires .
pointed out in the majority opinion, this
contracts for con- record is insufficient to show the procedure Henry Coleman, Key Wat, for appellant.
utilitia mentioned whereby Dade County qualifies bidders, Earl Faircloth, Atty, Gen" and Arden
IVe previously de- ,. If the record were sufficient to sho\v that
.:t M, Siegendorf, Aut. Atty. Gen" {or ap-
:, i l0-3(b) supra, '..\ the qualification procedure is such that it pelle<<:.
stll.tute requiring tends to increase the cost of the work to
the public or violates other established Defore HENDRY, C. ]" SWANN, J.,
:ues that it may principles of law, I would hold the section and KANNER, A, 0" Associate Judge,
\ bidder having a of thc Code ,,'oid,
y prior to bidding PER CURIAM.
n in specifications A petition was filed under i 39.05, Florida
The city points Statutes, F,S.A., by the maternal grand-
~ on Project No, mother of a minor child, the objective being
such a ce:rti ficate " to have the juvenile court declare the
). minor child to be a dependent child and
to pern1it bidders ~! award to the grandmother temporary cnsto-
dy. The juvenile court, after hearing,
lids arc accepted ., In the Interest of C. p" Ii Depead..t Child. found there were reasons to believe the
tent of S 10-3(b). No. 66-941. theft existing conditions and environment
ir advantage over ., were such as to endanger the welfare: and
.. DistrIct Court of Appelll of Florida.
.,. If the city may ,(. the happiness of the minor child, and en-
.~
is section it would .l ThIrd District. tered its order finding that the child was
.\
1 by allowing some ..~ Dee, 20, 100G. a dependent child and awarding temporary
lh":" bids are ac- .l/ custody to the grandmother for a period
~; of three months, pending rehearing,
ider bids of ~~i
,"
hat they did not .,. Proceeding on petition by maternal Appealing for that order, the appellant
:f
" grandmother of minor child to have child [natural mother] controverts sufficiency
~
*. dec~ dependent child and to obtain of the evidence to establish that the child
at the decree of temporary custody of child. Tbe Juvenile was a dependent within the purview of
t error, it is af- Court, Monroe County, Eva Warner Gib- I 39.01(10), Florida Statutes, F,S.A.
son, J., entered order finding that child . .
was dependent child and awarding tempo- We agree that the record fails to dis- .
rary custody to grandmother, and child's close sucb substantial, competent evidence
natural mother appealed, The District to demonstrate the dependency of the minor
. lIllrril Y. Cilr ..~ Court of Appeal held that nidence was child within the definition of the dependent
'413, 149 A. 122 .... insufficient to support finding that minor child statute. Accordingly, the order of
~~
:;t. child was dependent child within purview the juvenile court is reversed .nd the court
!Daae,'1 CoB80L .<J of dependent child statute. directed to enter an order that the maternal
NI: 12; Appliea- ."...:
.;; , grandmother forthwith relinquish custody
ion Colli.. lupra I
- Reversed and remanded. . of the minor child to the natural mother,
..
.~ without prejudice to the appellee-grand-
:/
'1 of MilllDi, 158 'I mother to have the cause set down for
KG). ~'t I.f..ta (1:::118.8 further hearing where the parties may offer
'., IDe. T. Cit1 Ji Evidence was insufficient to support testimony and be fuUy heard.
.~
Co 89 N.J.Super. .w. finding that minor child was dependent Revtrsed and remanded.
)()lS) ,
1" SUd-S