03-10-93 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 10. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
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,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will 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 from speaking further to the Commission by
the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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City Commission
Regular Meeting
3/10/93
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 does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
V'J. Pledge of Allegiance to the Flag. '; ,v '/_'((0 '/ -1/ ;~',
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vA. Agenda approval. (j
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Action: Motion to approve. -- ','.
v5'. Approval of Minutes:
Regular Meeting of February 23, 1993
/6. Proclamations:
A. Recognizing Mr. Norman Radin for his outstanding Community
Service.
/7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
IA. RIGHT OF ENTRY AND DRAINAGE AGREEMENT/ACCEPTANCE OF UTILITY
EASEMENT: Approve the right of entry and drainage agreement with
the Tropic Harbor Association and Mr. Odas Turner and accept a
utility easement from the Tropic Harbor Condominium Association.
...lB. REOUEST FOR FINAL PAYMENT/SCE. INC. : Approve the request
from SCE, Inc. for final payment in the amount of $50,000 for
completion of the Odor Abatement Systems, Aeration Covers,
Effluent Pump Station Expansion - Electrical Building projects
with funding from 1991 Revenue Bond - SCRWTDB Odor Control -
Buildings (Account No. 447-5165-536-60.31).
/C. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION OF FEBRUARY 8 . 1993: Approve the
SCRWTD Board action authorizing the refund of $48,792.26 from the
1990/91 Surplus Operating Funds to Boynton Beach in the amount of
$22,966.22 and to Delray Beach in the amount of $25,825.47 which
was set aside for construction of the Emergency Access Road.
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City Commission
Regular Meeting
3/10/93
.,ID. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION OF FEBRUARY 8 . 1993: Approve the
SCRWTD Board action authorizing the refund of $199,620 from
1991/92 Surplus Operating Funds to the City of Boynton Beach in
the amount of $99,810 and to the City of Delray Beach in the
amount of $99,810 which was set aside to fund the Feasibility
Study of Reuse by Brown and Caldwell.
.IE. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION OF FEBRUARY 8 . 1993: Approve the
SCRWTD Board action authorizing the expenditure in the amount of
$199,620 for Phase I Reuse Water Engineering with Brown and
Caldwell to be funded 50%/50% by the cities of Delray and Boynton
Beach; with the City's share coming from Water and Sewer - Reuse
Water System (Account No. 441-5142-536-63.95) .
.IF. RESOLUTION NO. 19-93: A resolution assessing the costs for
abatement action necessary to remove nuisances on 17 properties
located in the City.
/G. RESOLUTION NO. 20-93: A resolution authorizing the
transmittal of funds to the State Board of Administration for
Investment.
/H. DENIAL OF SETTLEMENT OFFER: Deny an offer of settlement in
the White/Graham v. City of Delray Beach.
9. Regular Agenda:
jA. ELECTION 1993: Canvass Returns and Declare Results of March
9, 1993, First Nonpartisan and Special Election.
lB. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period February
22, 1993 through March 5, 1993.
~1 REVISED WATER SERVICE AGREEMENT: Approve a revised agreement
,/, " ~or Discount Auto Parks located on West Atlantic Avenue.
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v"D. REOUEST FOR WAIVER OF LAND DEVELOPMENT REGULATION SECTION
5.3.1 (E) : Consider a request from Landscape Technology Inc. for
waiver of LDR Section 5.3. 1 (E) which requires construction of
i'\ street/road improvements on Royal Palm Drive, in conjunction with
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'0/ their development proposal to establish a landscape contracting
business in a former single family dwelling on the north side of
Royal Palm Drive. Site Plan Review and Appearance Board
recommends approval,
rA. LAKE IDA 11TH STREET PARCEL: Approve a lease agreement with
. ,~j Palm Beach County which conveys the Lake Ida 11th Street Parcel
\ \/ to the City for park purposes. City Manager recommends approval.
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City Commission ~(
Regular Meeting -l~;'/ .vI \
3/10/93 \\:.. "IV,i'
~F. OFFER TO PURCHASE CITY OWNED PROPERTY: Consider an offer to
purchase the north 5.5 feet of the Cason Cottage Lot.
~G. RESOLUTION NO. 17-93/APPOINTMENTS TO AFFORDABLE HOUSING
ADVISORY COMMITTEE: A resolution creating the Affordable Housing
Advisory Committee in conjunction with the State Housing
Initiative Partnership (SHIP) Program and making the appropriate
appointments to constitute the Committee. Ci ty Manager
recommends approval.
~ DRUG TASK FORCE WORKING COMMITTEE; Authorize the
establishment of a Drug Task Force Working Committee to assist in
the establishment of a specific plan with stated goals, resources
" and to coordinate and direct efforts with regard to the Task
.' Force's report and recommendations. q~
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vI. REOUEST FROM COMMUNITY REDEVELOPMENT AGENCY: Cons ider a
G request from the Community Redevelopment Agency for authorization
\\- to purchase properties located in Block 85. City Manager
recommends approval.
'/J. PROPOSED INCREASE IN POLICE AND FIRE PENSION BENEFITS FOR
, CURRENT RETIREES: Consider a proposed 5% increase in the benefit
Vr~ levels for those Police and Fire Pension recipients and
v beneficiaries of retirees who retired prior to January 1, 1991.
~K. GOLF COURSE CLUBHOUSE AGREEMENT: Consider a presentation by
the City Attorney relative to the agreement for the Golf Course
Clubhouse. /' 'f 'I '
0;<tl{, W)\f: I' \^-Lif' / '\ L- . - v ,c
10. ~iC Hearings:
, A. ORDINANCE NO. 17-93: An ordinance amending Chapter 33 of the
\\)) Code of Ordinances to relative to Police and Fire pension issues
, to provide for certain grammatical and verbiage changes.
l~ents and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 24-93: An or~inance rezoning property located
~ at 630 S.E. 6th Avenue (former Tire Kingdom site) from GC
L\CI (General Commercial) to AC (Automotive Commercial). If passed
public hearing March 23rd.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
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City Commission
Regular Meeting
3/10/93
B. City Attorney
C. City Manager
D. County and Municipal Issues
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CITY OF DEL RAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 10, 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
ITEM 9.1. ON THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
RESOLUTION NO. 21-93: Consider approval of Resolution No.
21-93 authorizing the acquisition of certain real property
by the Delray Beach Community Redevelopment Agency by gift,
purchase or eminent domain.
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 10, 1993 - 6:00 P.M,
PUBLIC HEARINGS - 7:00 P,M.
COMMISSION CHAMBERS
AGENDA ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
L. PURCHASE OF STADIUM STEPS: Consider purchasing three steps
and vomitoriums for the west side of the tennis stadium for
$25,000 from T & B Equipment Company.
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[ITY DF DELRAY BEA[H
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PROCLAJIA rIo'
WHEREAS, it was reported in the July 4, 1987, edition
of The Miami Herald that "Pineapple Grove" was "a mythical place
that exists in the minds of Norman Radin and Donna Ferguson. But
someday..."; and,
WHEREAS, in 1987, Norman Radin, owner of NAMASTE,
declared "It just seems like the right time to come from
underground"; and,
WHEREAS, Norman Radin created unifying and dynamic
energies which led to identifying the theme of "Pineapple Grove"
as a focus for the energy and direction of the neighborhood's
revitalization; and,
WHEREAS, Norman Radin was instrumental in having N.E.
2nd Avenue renamed Pineapple Grove Way, and in the promotion of
sculptures, instead of trees, as a way to set Pineapple Grove Way
apart from other city streets; and,
WHEREAS, Norman Radin organized the Pineapple Grove
Support Group in order to provide sustained support for
revitalization; and,
WHEREAS, the efforts of Norman Radin and others have
led to the official recognition of Pineapple Grove as a distinct
and unique part of Delray Beach; and,
WHEREAS, the time has come for Norman Radin to leave
the City of Delray Beach and pursue other endeavors in the hills
of Tennessee; and,
WHEREAS, it is important and appropriate that the City
Commission of the City of Delray Beach acknowledge the
contributions of its citizens.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recognize and commend NORMAN RADIN for his commitment and
dedication which are in the highest and best traditions of
community service, and extend best wishes for a happy and
successful future.
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 10th day of March, 1993.
MAY 0 R
THOMAS E. LYNCH
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/27t>-4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: March 2, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Right of Entry Agreement
Utility Easement Agreement
Tropic Harbor/Odas Tanner
The Tropic Harbor Condominium Association has executed the
Right of Entry Agreement and Easement Deed which will allow for
the City to reconstruct the drainage system at Tropic Harbor.
Mr. Tanner owns the common areas, including portions of the
parking lots. Therefore, his approval was necessary. The
acceptance of the Easement Deed will allow the City to
continually maintain the system in the future.
The Right of Entry Agreement will allow the City to construct a
new storm drainage system for Tropic Harbor. The City will
maintain the system. In return, Tropic Harbor agrees that no
later than one year after completion of construction, their air
conditioning coolant discharge system will be disconnected from
the drainage system.
If you have any questions, please call.
DNT: sh
Attachments
cc: David Harden, City Manager
tropic-1.dnt
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RIGHT OF ENTRY, LICENSE AND DRAINAGE AGREEMENT
FOR DRAINAGE CONSTRUCTION AND PAVEMENT RESTORATION
THIS AGREEMENT, made and entered into this day of
, 1993, by and between the CITY OF DELRAY BEACH, a
Florida municipal corporation, (hereinafter referred to as
"City"), ODAS TANNER and TROPIC HARBOR ASSOCIATION, INC. ,
(collectively referred to as "Owner"), provides as follows:
WIT N E S'S E T H:
WHEREAS, Owner is the owner of certain real property in
Delray Beach, Florida, constituting the development known as
Tropic Harbor Condominiums, as said property (the 'rproperty" )
is legaJ.ly described in Exhibit "A" attached hereto and
incorpor~d herein by reference; and
WHEREAS, City desires to construct a new storm drainage
system (the "Drainage Improvements") as depicted in Exhibit "B"
on the property; and
WHEREAS, Owner is willing to permit City to enter onto its
property in order to install and maintain the storm drainage
system, and to grant the City an easement over the property for
the perpetual maintenance of the Drainage Improvements. The
easement is depicted in Exhibit "C".
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations, receipt
and sufficiency of which is hereby acknowledged, City and Owner
hereby agree as follows:
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1. Premises. The Property subject to this Agreement,
consists of property described in Exhibit "A" and all improve-
ments and appurtenances thereto.
2. Term. The term of this Agreement shall commence on
the date of full execution of this Agreement (the "Commencement
Date" ) and shall extend for a period up to and including one
year from the the completion of the Drainage Improvements (the
"Termination Date") unless sooner terminated pursuant to the'
provisions of this Agreement.
3. Easement. Owner agrees to grant to City a drainage
easement to City for the construction, installation, and
perpetual maintenance of the Drainage Improvements as depicted
in Exhibit "B". The drainage easement is described in Exhibit
"C", and incorporated herein by reference.
4 . Right of Entry. Owner agrees to permit City, its
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employees, agents, contractors, and subcontractors to enter
upon and perform construction and maintenance tasks on the
drainage system associated with the property described in
Exhibit "A". City and its agents shall have the right to enter
upon the property at all reasonable times to examine the
Drainage Improvements, and to make such repairs, alterations,
improvements or additions as City may deem necessary or
desirable.
5. Work Schedule. City agrees to coordinate the working
schedule of the Drainage Improvement construction project with
the Owner's president in order to minimize any impact to the
condominium residents.
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6. Restoration. City agrees that, upon completion of the
construction of the Drainage Improvements, it will restore
Owner's property, including driveways and landscaping to its
previous condition.
7. Maintenance. City agrees that it will maintain the
Drainage Improvements within the limits of the drainage ease-
ment granted by Owner, as described in Exhibit "C".
8. Coolant Water. City agrees to permit Owner to
continue to dispose of any air conditioner coolant water
through the Drainage Improvements on a temporary basis. Owner
agrees that on or before the termination date of this Agreement
it will have disconnected its air conditioner coolant water
discharge system from the drainage improvements. City reserves
the right to disconnect the Owner's air conditioner coolant
water d~harge system from the drainage improvements on the
termination date of this agreement unless Owner has already
done so. Owner agrees to bear the cost for the additional
expense of the temporary air conditioning coolant connections.
Owner also agrees to reimburse City for its costs in discon-
necting the coolant water discharge system in the event Owner
has not disconnected the system by the termination date.
9. Entire Aqreement. This Agreement and any Exhibits
attached hereto and forming a part thereof as if ,fully set
forth herein, constitute all agreements, conditions and under-
standings between Owner and City concerning the Premises. All
representations, either oral or written, shall be deemed to be
merged into this agreement. Except as herein otherwise
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provided, no subsequent alteration, waiver, change or addition
to this Agreement shall be binding upon Owner or City unless
reduced to writing and signed by them.
10. Notice. Any consents, approvals and permissions by
the Owner shall be effective and valid only if in writing and
any notice by either party to the other shall be in writing and
mailed prepaid by certified mail return receipt requested,
addressed:
city: City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Tropic Harbor
Association, Inc. : Tropic Harbor Association, Inc.
Board of Directors
800 Tropic Island Drive
Delray Beach, FL 33483
11.~Waiver of Jury Trial. The parties hereto waive trial
.......
by jury in connection with proceedings or counterclaims brought
by either of the parties hereto against the other in connection
with this Agreement.
12. Governinq Law. This Agreement shall be governed by
and interpreted according to th~ ',' laws of the State of Florida
and venue shall be in Palm Beach County, Florida.
13. Time of Essence. Time is of the essence with respect
to the performance of every provision of this Agreement in
which time of performance is a factor.
14. Severability. If any term of this Agreement, or the
application thereof to any person or circumstance, shall to any
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extent be invalid or unenforceable, the remainder of this
Agreement, or the application of such term to persons or
circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of
this Agreement, shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the day and year first above written.
WITNESS: .
~ By:
o J./.., v.. e. f:; e- t:..
e or print name)
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
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Approved as to Form and
Legal Sufficiency:
City Attorney
~ · By,({}j~~J
.. w -"f!IS; Tanner
ODH-5
uSE mH,eIE ~z...
(Type or Print Name)
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DESCRIPTION
Tracts M-8 and M-9 together with Lots 490, 491, 492, 493,
494, 495, 496 & 497 of the 4th section of Tropic Isle, Plat
Book 25, Page 69 & 70, Public Records of Palm Beach County,
Florida.
92-40
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I. T/l/f If ;f/t1/ /I ~~Rl/cY
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5~lftW>// r,e'/!/L /5 ,417 71/.M'C/J 7&
L3c;(/p 7.2'.(7"5"/NE.
EXHIBIT .c.
5',J/ETCII t:J~ c-;45E/VfEA/T
fk-11')z/~ ._....' ...~ ...._,. '-<0' ...r.__. ...._. .
0'811!1, IIITII & O'III!I, IIC.
lNGINitIA. IUlvtYbRI, LANe 'LANNtRA
JOHN K. WEIGAND ~Mi N(jf1tH r:~b~nAl "'t1HWAV. b~lnAV ft~AeH. nonlDA
FL PLS NO. 3922 .. . ....,. - .~.. . .
OAT(. SCAll';/!=, ItJ t1'
Oe7: 21.- /.95'2
fino lOOK: PAGE: 5'IIEE'T / ~/' z OAOEII HO':9Z-/29
OUJ'.-, ,-~P ._._' .,_........ ~-t:.... '..t- __'~ 11. __.._._~ .....-'t_ --...........~..I_...
'. I I'
.
.
O'BRIEN, SUITER & O'BRIEN, INC.
Land Surveyors
2601 H. FEDERAL HIGHWAY DElRAY 276."501
DELRAY 8EACH. FLORIDA 33.183 BOYNTON 732-3279
OCTOBER 21, 1992
DESCRIPTION:
BEGIN AT THE SOUTHWEST CORNER OF LOT 476, TROPIC ISLE, 4TH
SECTION, AS RECORDED IN PLAT BOOK 25, PAGES 69 AND 70 OF THE
PUBbIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
S.2 47'51"E., ALONG THE EAST RIGHT OF WAY LINE OF SPANISH TRAIL,
136.12 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
NOgTHWESTERLY WITH A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF
92,47'51"; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE,
275.34 FEET; THENCE N.90000'00"W., 71.66 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEAS6ERLY WITH A RADIUS OF
135.00 FEET AND A CENTRAL ANGLE OF 67 30'00"; THENCE
SOUTgWESTERL~, ALONG THE ARC OF SAID CURVE, 159.04 FEET; THENCE
S.67 30'00"E.,-'ALONG A RADIAL LINE, 15.00 FEET TO A-POINT ON A
CURVE CONCAVE SOUTH~ASTERLY WITH A RADIUS OF 120.00 FEET, A
CENTRAL ANGLE OF 67 30'00" AND A LINE TO THE RADIUS POINT OF SAID
CURVE BEARS S.67030'00"E., THENCE NORTHEASTERLY, ALONG THE ARC OF
SAID CURVE, 141.37 FEET; THENCE N.90000'00"E., 71.66 FEET TO A
POINT OF C~TURE OF A CURVE CONCAVE NORTHWESTERLY WITH A RADIUS --..
OF 185.00 FEET AND A CENTRAL ANGLE OF 92047'51"; THENCE
NOR~HEASTERLY, ALONG THE ARC OF SAID CURVE, 299.63 FEET; THENCE
N.2 47'51"W., 121.12 FEET TO A LINE 15.00 FEET SOUTH OF AND
PARAbLEL WITH THE SOUTH LINE OF SAID LOT 476; THENCE
N.87 12'09"E., ALONG SAID PARALLEL LINE, 109.98 FEET TO A POINT
ON A CURVE CONCAVE EASTERLY WITH A RADIUS OF 200.00 FEET, A
CENTRAL ANGLE OF 4048'17" AND A LINE TO THE RADIUS POINT OF SAID
CURVE BEARS N.58015'32"E., THENCE NORTHERLY, ALONG THE ARC OF
SAID CURVE AND ALONG THE EAST LINE-OF TRACT M-9, 16.77 FEET TO
THE SOUTH LINE OF SAID LOT 476; THENCE S.87012'09"W., ALONG SAID
SOUTH LINE, 117.49 FEET TO THE SAID POINT OF BEGINNING.
ORDER NO. 92-129
SHEET 2 OF 2
p~M~
JOHN K. WEIGAND
FL. PLS NO. 3922
'.' ,i
,1lcJAJ/~ L/;t/[t/"r /ar/fP7L //fcJ~/( /5LE
N /?=~9~.cJc7" I/A/? 80;<
t4k'c= :25 9/~
L1~ ~' -18 ~ 2' IN
C' //tJ..(l t? gC',.1,.(J /# 6 =~ .AI E; t'.tI R'N'E,f'
#~~bCJ/~27dW /1 ____tfJr'~r~97
/'<7/11/7 <7/' gEG/,A/II//#G J/' / f
,.,.fIr) \ I \ L'
,., C\/\ 'Il"" __
r /' I , 'J \i ,. " ~-
,. c,' - ~ bi/} ~\ ~ ","" Ii} c: .,-
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~ 1\ ~ I\i \ ... . ~ ,- " f I ~
'\ \\> / I ~y ~ 1""1/"\ (.-. r, '" a. ~
_ ^v '{, ."--,,-,, I
L'E/V /cAl L /;1/ c ~. / ' ~~' .~ ,L .= '-~:- rr /'~
tfJ,r /5' c-t45c-Mc:Nr___.. ~\ ~ ~ /-//;/<8c'/-(
/ ~~~.;;: 8. 4.[< ~~S. /79
,.of?/A/r tf// .5: E cCJRA/C-,.f?
~;;Vt?/NG t?r Lc7,.r ~97
'7at/r// ~/A/[
c7/" LC'/ ~:77
~?'AA/15k ('/~eLE
DESCRIPTION:
AN EASEMENT 15JlEET WIDE OVER A PART OF LOT 497, TROPIC ISLE 4TH SECTION,
ACCORDING TO THE~LAT THEREOF RECORDED IN PLAT BOOK 25, PAGES 69 AND 70 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF WHICH
IS DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 497; THENCE N.22004'22"E.,
ALONG EASTERLY LINE OF SAID LOT 497, 92.22 FEET TO THE NORTHEASTERLY
CORNER OF SAID LOT 497; THENCE WESTERLY ALONG THE ARC OF A CgRVE CONCAVE
NORTHERLY WITH A RADIUS OF 390.00 FEET, A CENTRAL ANGLE OF 3 48'21" AND A
CHORD BEARING N.66 01'27"W. AND ALONG THE NORTHEgLY LINE OF SAID LOT 497,
25.91 FEET TO THE POINT OF BEGINNING; THENCE S.27 05'33"W., 108.13 FEET TO
THE SOUTHERLY LINE OF SAID LOT 497 AND THE POINT OF ENDING.
THE SIDE LINES OF SAID EASEMENT TO BE. EXTENDED OR SHORTENED TO INTERSECT
WITH THE NORTHERLY AND SOUTHERLY LINES OF SAID LOT 497.
MlTE'5: EXHII)IT "e'l
I, r#lf'/~..wrI15(;/,.<Jf/EY ~;:ETC# t:J,f' EA5E.AlcA/r
t. ,r/lC C,.{7/ c/,A/[ ~/ ~cJr ;/97 n_." _____.__.. ..._._ .,._ ,"'_
/~/l7:v/#C:P ~~ LJE-4,,(l 0'811!1, IIITER & O'IIIEI, IIC.
M 22 t? /I f Z c. ,,' tNCtNtlll. IUIVIYOIIA, lAND 'tANN!II'
/J.d_/;' ~;/ ~B~t IItlllf1l '~b~nA~-"~~~V: b~lnAV _~tAt"..tltlnIllA
7;~:' K. WEIGAND OAf(: IlEVlII ": U: /'t'.- -,,/1/
t:!t',T; '21', 15' 9~ - q-V
"- PLS NO. 3922 "uo 800II: 'AG~ OIlOtll "0,: 9t -/29
O,:2/.s?w..-..'p. ,."'~ ._"~_.____..,'_,~.~. __."'
,,-, ,
.' II
UTILITY EASEMENT AGREEMENT 10ea~"~
i
~~roPic and
THIS ENDENTU'RE, made this day of , 19 , tII\.tant \.tB
Harbor Condominium Association, parties of the first part, and the CITY OF DELRAY BEACH, conCO d ?a1:t'deBet
a Florida municipal corporation in Palm Beach County, State of Florida, party of the 8econ land
tne of
second part. ?01:t\.on ea8E
tn\.8 '
WITNESSETH: That the parties of the first part, for and in consideration of 'tnat and
at\.on8' 01: t
the sum of Ten (SlO.OO) Dollars and other good and valuable considerations to it in 1:e8e~:0,,\.d. 't~. ?a:
hand paid by the said party of the second part, , the receipt of which is hereby to ent. an'l
acknowledged, does hereby grant, bargain, sell and release unto the party of the .a8~.ff.et \."ped?
second part, its successors and assigns, a right of way and perpetual easement for 0" ~desC"
the purpose of: installation of storm drainage line with full and free right, liberty, \ a"Po". of
and authority to enter upon and to install, operate, and maintain such drainage line 'I, \.e8
?a"t. tnS
under, across, through and upon, over, under or within the following described property \. defend ",ndl
located in Palm Beach county, Florida, to-wit; ",\.1 0"
o",gn ea8S
tn1: \."ped d
DESCRIPTION deeC" "ee
ent
See attached Exhibit "A" t..8etll "t.\.eB'
t.ne ?a
Concomitant and coextensive with this right is the further right in the party of '4l'1'tW
'11\ d '
the second part, its successors and assigns, of ingress and egress over and on that an
t.ne da'l
portion of land described above, to effect the purposes of the easement. '4l'1't~
That this easement shall be subject only to those easements, restrictions, and
reservations, and reservations of record. That the parties of the first part agree
to provide for the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no additional building ~
' ,
or effect any other additional kind of construction or improvements upon the ?":
above-described property. l' e
Parties of the first part do hereby fully warrant the title to said land and ~
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above
described easement and that the same is unencumbered. wher1 the context of this
Easement Deed allows or permits, the same shall include the iccessors or assigns of
the parties. ~
lnalt
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written. S't~
CO'
~~ ~~ PARTIES OF THE FIRST PART
~~ l
./ :)~'C!-L~'i R f\"'~ U~S \ \
Tanner
(name print d or type writte ) (name printed or type written)
111 S.E. 5th Avenue
Deerfield Beach. FL 33441
(address)
~~d~' (name printed or type written
./ /'
JO)Vfh J. wj .> ~
(name printed or type written) (address)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoif!} instr~t was acknowledged before me this ..l!Lday of d ~. ,
1 9...13.. ' by ~ ~ (name of person acknowledged), who is
personally known to mejor has produced - (type of
identification) as identification and who did (did not) take an oath.
~,"bl1' _ . k/ ,
~~U~
cJ S ~ I"Y) .4 ,e f t;; w~ Signature of Person Taking Ackn edgment
!-F (' CO q;:J. q -i / .eO:::; F Yl?A e IE' M s z...
Serial Number, if any Name of Acknowledger Typed, Printed or Stamped
,
NOTARY PUBLIC STATE OF FLORIDA
~IY COl,U'lISSION CXP. MAR.18.199i
BONDED THRU GENERAL IllS. UNO. ,
..--- ,._~~~-~...--- -~~ - .._.~ ,..~_HOIr-____...
"
.' _",.1,_....__.. 1,., ;'::+..;,:".; c.,,:,;,I; ..~. .~--,'.J,.,.~..~.t~_., ....,............-......';.,...~,...~~,.;.;.""'~....,......."","~."
, ' "
UTILITY EASEMENT AGREEMENT
THIS ENDENTURE, made thie day of , 19_, between Tropic
Harbor Condominium Aeeociation, partiea of the firat part, and the CITY OF DELRAY BEACH,
a Florida municipal corporation in Palm Beach County, State of Florida, party of the
second part.
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in
hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, Bell and release qnto the party of the
second part, its successors and assigns, a right of way and perpetual easement for
the purpose of: installation of storm drainage line with full and free right, liberty,
and authority to enter upon and to install, operate, and maintain such drainage line
under, across, through and upon, over, under or within the following described property
located in Palm Beach County, Florida, to-wit I
DESCRIPTION
See attached Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of
the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be aubject only to those easements, restrictions, and
reservationa, and reaervations of record. That the parties of the first part agree
to provide for the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no additional building
or effect any other additional kind of conatruction or improvements upon the
above-deecribed property.
partiea of the firat part do hereby fully warrant the title to said land and
will defend the aame againat the lawful claima of all peraons whomaoever claimed by,
through or under it, that it has good right and lawful authority to grant the above
deacribed easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permita, the same ahall include the surcesaors or aaaigns of
the parties. I
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
w,,~ y, t. ~ J!;;T CL-
~:::: lL.. ....~ ~H'&~C<) f~4~l
(rta e printed or type written) (name printed or type writt n)
f.>; ,~ a:~" !d 4. .;!t.
(address
(name printed or type written
or (address)
STATE OF FLORIDA
COUNTY OF PALM BEACH
was acknowledged before me this I!I-day Of~
19.Q, by (name of person aCknOWledge~~
personally known to melor ha produced ___ (type of
identification) as idenfification and 'ho did (did not) take an oath.
~ Public
'?< u:, ~ Itli.(f
signature of peraon Taking
C e OC?~ f..3/ !CtJ,se /Y)~e/!; W/S?
Serial Number, if any Name of Acknowledger Typed, Printed o~ Stamped
NOTARY PUn~IC STATE OF' F'LORIDA
MY CW,\llSSIO:i EXP, MAR.18.1995
BONDED THRU GENERAl INS. UNQ.
j,
"~'.",....,".."-_. '..--- --,----- ...-;- "" i-,: I ,,'
.. :e, .'" "q , ;ilt,
. '
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER t)~1
SUBJECT: AGENDA ITEM i <be - MEETING OF MARCH 10. 1993
REOUEST FOR FINAL PAYMENT/SCE. INC.
DATE: March 5, 1993
We have received a request from SCE, Inc. in the amount of $50,000 for
completion of the Odor Abatement System, Aeration Covers I Effluent
Pump Station Expansion and Electrical Building Projects at the
Regional Wastewater Treatment and Disposal Plant.
The project engineer, Camp, Dresser and McKee and Executive Director
of the SCRWTD Board recommend approval.
Recommend approval of the request from SCE, Inc. in the amount of
$50,000 for completion of the Odor Abatement System, Aeration Covers,
Effluent Pump Station Expansion and Electrical Building Projects at
the Regional Wastewater Treatment and Disposal Plant; with funding
from 1991 Revenue Bond - SCRWTDB Odor Control - Buildings (Account No.
447-5165-536-60.31).
'. "
.
,
Agenda Item No.:
AGENDA REQUEST
Date: February 18, 1993
Request to be placed on:
XXX Regular Agenda
Special Agenda
Workshop Agenda When: March 10 , 1993
Description of item (who, what, where, how much) : Staff requests City Commission to
review and approve the final payment request to SCE, Inc., in'the amount of $50,000.00 pertaining to
project number 90-17 - Odor Abatement System, Aeration Covers, Effluent Pump Station Expansion,
Electrical Buildinq. Final payment has been recommended by the Enqineers. COM and the Executive
Director. Robert Haqel concurs with this request. Fundinq source is 447-5165-536-60.31 with these
monies already encumbered.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve final pay to SCE, Inc.
Department Head Signature: /};/~iJ.--~- ..~ c/ 7 /1~/.p"3
I
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Di.rector Review ~red on all items involving expenditure of funds):
Funding available: YE ~NO
Funding alternative ~ applicable)
Account No. & De.cr.~tio$ ';:;;I~ - ~cb .' -:;'A 'S( -R~B ~CO"'TR1-
Account Balance 50, 0 L-
City Manager Review: t~{V/\
C
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
.
SOUTH CENTRAL-REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. Delray Beach, Florida 33445
BOARD Telephone
City Council Members of 272-7061 734-2577
Boynton Beach & Delray Beach Fax: (407) 265-2357
Date: February 12, 1993
PROJECT: ODOR ABATEMENT SYSTEM- AERATION COVERS, EFFLUENT
PUMP STATION EXPANSION-ELECTRICAL BUILDING
CONTRACTOR: SCE Inc. REQUISITION NO 19/20 (F INAL)
COVERS PERIOD FROM MARCH 27,1992-FEBRUARY 12, 1993
TOTAL CONTRACT $10,935,000.00
CHANGE ORDERS NO. 1-4 $ 35,081. 25
ADJUSTED CONTRACT TOTAL $10,970,081.25
VALUE OF WORK IN PLACE $10,970,081. 25
VALUE OF STORED MATERIALS .00
TOTAL EARNED $10,970,081. 25
LESS RETAINAGE .00
LESS PREVIOUS PAYMENTS $10,870,081.25
AMOUNT DUE THIS INVOICE $ 100,000.00
50% Due from Each City $ 50,000.00
.
*** PLEASE PROCESS CHECK MADE PAYABLE TO SeE'INC.
DIRECTLY TO SOUTn CENTRAL REGIONAL-WAS!1!-E:w.ATER
1801 NORTH CONGRESS AVENUE-DELRAY BEACH, FLORIDA 33445 ***
THANK YOU.
el :; !~\ ~ .' :~~ w--'~ ~1
- - -
~(. :~ Hd ," ,-, '1 J c,_
OJ j ~j~j Lb
.~ :. If. \;i, ~L_. ~ :it, - 1
. .. ... . . . .. ~ ... 4H\ ._;
. ' "
.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue . Delray Beach, Florida 33445
BOARD Telephone
City Council Members of 272-7061 734.2577
Boynton Beach & Delray Beach Fax: (407) 265.2357
February 12, 1993
Ci t v of Boynton Beach City of Delray Beach
Mr. John Guidry Mr. Bill Greenwood
Director of Utilities Director of Utilities
PO Box 310 434 South Swinton Avenue
Boyn'ton Beach,Fla.33435 Delray Beach, Florida 33444
RE: REQUISITION NO.19&20
ODOR ABATEMENT SYSTEM- EFFLUENT PUl-1PING STATION
AND NEW ELECTRICAL BUILDING - SCE INC.
Gentlemen:
I have received and reviewed the attached request
for payment and I concu :t' with the recommendation of
the Engineers for payment in full in the amou nt of
$100,000 which represents an amount due from each
city of $50,000. This is the final payment.
If you have any qu e sti ons, please contact the
Board office.
Ro Hagel
Executive ~irector
SS
encs.
. , ""
.
~
CDM CAMP DRESSER & McKEE INC.
environmental engineers, scientists, 1500 N,W, 49th Slreet. Suite 300
planners, & management consultants Post Otlice Box 9626
Fort Lauderdale, Florida 33310
305776-1731
August 20, 1992 RECE'VED
AUG 28 1992
Ans'd........... .
Mr. Robert J. Hagel
Executive Director
South Central Regional Wastewater
Treatment and Disposal Board
1801 N. Congress Avenue
Delray Beach, Florida 33445
RE: South Central Regional Wastewater
'" Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump Station expansion
CDM Project No. 6171-05
Application for Payment No. 19
Dear Mr, Hagel:
Enclosed are five (5) copies of the Nineteenth Application for Payment submitted by
SCE, Inc. for the period ending August 14, 1992. We have checked this estimate and
recommend payment as follows:
REQUESTED TOTAL REQUESTED
THIS PAYMENT PAYMENTS TO DATE
$32,000.00 $10,902,081.25
Within this payment application the Contractor has requested a reduction in warranty
retainage in accordance with the agreed schedule for the phased release.
Printed on recvc/ed P8P8'
. , '"
4)
CAMP DRESSER & McKEE INC.
Application for Payment No. 19
August 20, 1992
Page 2
We trust the enclosed is sufficient for your review; however, should you need
additional information or clarification, please do not hesitate to contact us.
Very truly yours,
Norman G. Trainor, .E.
Principal Construction Manager
NGT/bao
Enclosures
File No 6171-05/08
cc: W. PohlmanlSCE
C, F, Pe, FIPe, PH
Printed on recycled papar
,
'0
,_.~
CDM CAMP DRESSER & McKEE 'NC.
environmental engineers, scientists, 1500 NoW, 49th Street, Suite 300
planners, & management consultants Post Office Box 9626
Fort Lauderdale, Florida 33310
305 776-1731
November 13, 1992
Mr. R. J, Hagel \~ \\\\:.U
Rt '
Executive Director , . \ ~ \~~1.
South Central Regional Wastewater ~\j'4 .
Treatment and Disposal Board ,.
.'
~SS~\\......"
1801 North Congress Avenue
Delray Beach, FL 33445
RE: South Central Regional Wastewater
Treatment and Disposal Board
Odor Abatement - Aeration Basins and
Effluent Pump Station Expansion
CDM Project No. 6171-05
Application for Payment No. 20 - Final
Dear Mr. Hagel:
Enclosed is the following documentation associated with final payment to SCE, Inc.:
0 Five (5) copies of the final application for payment.
0 Surety acknowledgment of final payment.
To the best of our knowledge, there are no unpaid debts, liens or other issues
concerning this Contractor on this project other than outstanding warranty items.
We are submitting this request which includes the contract, balance since it is our
understanding that it will be presented at the Board meeting scheduled for January
1993, placing it beyond the one year retainage period.
We have checked the Final Application for Payment, including all Change Orders,
and concur that the final amount of $68,000.00 is correct.
On this basis, a tabulation and summary of final payment is as follows:
Original Contract Amount $10,935,000.00
Change Orders 35,081.25
Less Previously Recommended Payments 10.902.081.25
Final Payment Due $68,000.00
Prlntnrl,.,,, ,.,.,...."....I~.J,_
-
CAMP DRESSER & McKEE INC.
Application for Payment No. 20 - Final
November 13, 1992
Page 2
In addition, we have attached a copy of the Final Receipt form which should be
completed by the Contractor upon receipt of his final payment. We ask that you send
us copies of the completed Final Receipt form and the Contractor's final release of
lien, that he should furnish as a requirement for the receipt of this payment.
Our recommendation for payment is subject to the additional terms of this letter of
transmittal.
We trust the enclosed is sufficient for your review. If you require additional
information or clarification, please do not hesitate to contact us.
Very truly yours,
CAMP DRESSER & INC.
~
Norman G. Trainor, .E.
Principal Construction Manager
NGT/WGP/bao
Enclosures
File No. 6171-08
cc: C,F
Printed on recycled paper
, "
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM i ~c. - MEETING OF MARCH 10, 1993
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION
DATE: March 5, 1993
This item is before you to ratify the SCRWTD Board action of February
8, 1993, authorizing the refund of $48,782.26 from 1990/91 Surplus
Operating Funds to Boynton Beach in the amount of $22,966.22 and to
Delray Beach in the amount of $25,825.74 which was set aside for
construction of the Emergency access Road.
These funds are lapsed. Once the transfer is completed the cities
will be asked to reallocate funding for this project.
Recommend ratification of the SCRWTD Board action of February 8,
1993, authorizing the refund of $48,782.26 from the 1990/91 Surplus
Operating Funds.
.
. . FEB 23 '93 10:39 SCRWT&DB
P.2
RA~IFICA~ION OF SOU~H CEN~RAL REGIONAL ~~~~
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY S, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board on February 8, 1993, by a vote of 8-0 authorized
the refund of $48,792.26 from 1990/1991 Surplus Operating Funds
to Boynton in the amount of $22,966.22 and to De1ray in the
amount ot $25,825.74 which was set aside for construction of
Emergency Access Road and rescind ratification of Board Action of
October 17, 1991,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORE, the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
vote.
Witnesses: CITY or BOYNTON BEACH
, By: Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Delray Beach this day of , 1993, by a
vote.
Witness.a, CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
'.' "
~ -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tYJ^!)
SUBJECT: AGENDA ITEM i ~D - MEETING OF MARCH 10. 1993
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION
DATE: March 5, 1993
This item is before you to ratify the SCRWTD Board action of February
8, 1993, authorizing the refund of $199,620 from 1991/92 Surplus
Operating Funds to Boynton Beach in the amount of $99,810 and to
Delray Beach in the amount of $99,810 which was set aside to fund the
Feasibility Study for Reuse by Brown and Caldwell.
These funds are lapsed. Once the transfer is completed the cities
will be asked to reallocate funding for this project.
Recommend ratification of the SCRWTD Board action of February 8,
1993, authorizing the refund of $199,620 from 1991/92 Surplus
Operating Funds.
, ' "
.
FEB 23 '93 10:39 SCRWT&DB P,3
RATIFICATION OF SOOTH CENTRAL REGIONAL ~(Q)PV
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY 8, 1993 WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board on February 8, 1993, by a vote of 8-0 authorized
the refund of $199,620 from 1991/1992 Surplus Operating Funds to
Boynton in the amount of $99,810 and to De1ray in the amount of
$99,810 which was set aside to fund the Feasibility Study for
Reuse by Brown & Caldwell and rescind ratification of Board
Action of July 23, 1992,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Oelray Beach,
NOW, 'I'HEREFORE, the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
vote.
Witnesses: CITY OF BOYNTON BEACH
By;
Mayor
Attest;
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Oelray Beach this day of , 1993, by a
vote.
Witnesses: CITY OF DELRAY BEACH
By:
Mayor
Attest;
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
,
.
, -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM i ~~ - MEETING OF MARCH 10. 1993
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION
DATE: March 5, 1993
This item is before you to ratify the SCRWTD Board action of February
8, 1993, authorizing the expenditure of $199,620 for Phase I Reuse
Water Engineering with Brown and Caldwell.
This is a capital project to be funded 50% by the City of Boynton
Beach and 50% by the City of Delray Beach. Funding from this project
was previously appropriated and subsequently lapsed. Upon transfer of
lapsed funds from the SCRWTD Board to the City, funding will be
available from Water and Sewer - Reuse Water System (Account No.
441-5142-536-63.94),
Recommend ratification of the SCRWTD Board action of February 8, 1993,
authorizing the expenditure of $199,620 for Phase I Reuse Water
Engineering with Brown and Caldwell; with funding from Water and Sewer
- Reuse Water System (Account No, 441-5142-536-63.94).
, "
>
f ~Opt
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY 8, 1993
vJHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board on February 8, 1993, by a vote of 8-0 authorized
the expenditure in the amount of $199,620 for Phase I Reuse Water
Engineering with Brown & Caldwell, a Capital Project to be funded
50% by the City of Boynton Beach and 50% by the City of Delray
Beach and,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORE, the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
vote. ..'1
vii tnesses : CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Delray Beach this day of , 1993, by a
vote.
Witnesses: CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
, '
, .
City of Delray Beach
Departmental Budget Transfer
2-Mar-93
(1) Departmental Une Transfer (2) Date
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Budget
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-0000-369,31-00 Prior Year Revenue 99,810
441-5142-536,63-95 Reuse Water System 99,810
99,810 99,810
(10) TOTAL
JUSTIFICATION: Amend the Water & Sewer budget to include Phase I of the Water
Reuse project. Funding to come from the refunding of prior year SCRWT&DB funds,
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
. '"
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [i1t'1
SUBJECT: AGENDA ITEM i ~F - MEETING OF MARCH 10. 1993
RESOLUTION NO. 19-93
DATE: March 5, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 17 properties located wi thin the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No, 19-93 assessing costs for abating
nuisances on 17 properties located within the City,
. ' "
.
-.-----..---.---- '.-.--' .----.-----..---.- -.-_.- ~'--_."--'~--'--~---'-- -- -.-----. ---_.~. .-----. -- .._- - . - ---._-,.. .---- --
--- ---- ---,._-------_._--~- - ~-
RESOLUTION NO. 19-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100,21 and 100.22 of the
Code of Ordtnances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100,20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten ( 10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10 ) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 wi thin the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involvedj and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
. ,
.
-~_.._----'--" -_.~---- ---------. -_.~------------_.._-~--~---_._.._-~-_._------ --- ------..---
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution,
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property (s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee,
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.19-93
, ,.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 5, HIGH ACRES, FEDERAL DEPOSIT INS CORP $ 15.94
PB 21, P 85, PUBLIC 5778 S. SEMORAN BLVD. 70.00 (ADM. COST)
RECORDS, PALM BEACH ORLANDO, FL 32822 2.41 (RECORDING)
COUNTY, FL $ 88.35
(109 NW 16TH STREET)
S40' OF N256' OF E135' DELORES RIGGINS $ 26.94
OF BLK 31, TOWN OF 6395 SEMINOLE CIRCLE 15.00 (ADM. COST)
DELRAY, PB 1, P 3, LANTANA, FL 33462 2.41 (RECORDING)
PUBLIC RECORDS, PALM $ 44.35
BEACH COUNTY, FL
(220 SW 4TH AVENUE)
LOT 9 (LESS 1-95 R/W), VICTOR NOCERA ET UX (NELLIE) $ 47.16
WILLIAMS SUB., PB 24 626 WEST DRIVE 70.00 (ADM. COST)
P 180, PUBLIC RECORDS, DELRAY BEACH, FL 33445-8715 2.41 (RECORDING)
PALM BEACH COUNTY, FL $119.57
(SW 15TH AVENUE)
LOT 17, BLK 1, ODMANN'S LEE F. WILLIAMS $ 46.96
SUB., PB 4, P 53, 2151 N.E. 2ND AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM POMPANO BEACH, FL 33060 2.41 (RECORDING)
BEACH COUNTY, FL $119.37
(40 NW 13TH AVENUE)
-3- Res. No. 19-93
. I I"
CORNISHE, ALL OF PLAT, CRAFT DEV. II INC. $ 60.25
PUBLIC RECORDS, PALM 5910 N.W. 2ND AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL BOCA RATON, FL 33467 2.41 (RECORDING)
(SE 6TH AVENUE) $132.66
LOTS 43 TO 46 INC., ANPE INC. $292.50
SUNSET PARK, DELRAY, P.O. BOX 3215 70.00 (ADM. COST)
PB 12, P 65, PUBLIC BOYNTON BEACH, FL 33424 2.41 (RECORDING)
RECORDS, PALM BEACH $364.91
COUNTY, FL
(1022 MANGO DRIVE)
LOT 5, A.J. JOHNSON LEOLA MILLER $ 51.16
SUB., PB 20~ P 57, 114 N.W. 13TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-1652 2.41 (RECORDING)
BEACH COUNTY, FL $123.57
(114 NW 13TH AVE)
S9.5' OF LOT 15 & JOSEPH D. ACHESON " $ 54.90
LOT 16, BLK 77, TOWN 440 N. SWINTON AVENUE 70.00 (ADM. COST)
OF DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-3954 2,41 (RECORDING)
PUBLIC RECORDS, PALM $127.31
BEACH COUNTY, FL
(30 SE 2ND AVENUE)
LOT 29, BLK 1, ODMANN'S SAVUER ST.LOUIS & DENIS RONY $ 39.42
SUB" PB 4, P 53, 1360 N.W. 1ST STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-1610 2.41 (RECORDING)
BEACH COUNTY, FL $111.83
(1360 NW 1ST STREET)
LOT 5, BLK 2, J. G. ETHEL MACKEY $ 35.42
FENNO'S SUB., PB 2, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
P 89, PUBLIC RECORDS, 1120 N.W. 64TH STREET 2.41 (RECORDING)
PALM BEACH COUNTY, FL MIAMI, FL 33150-4251 $107.83
(NW 9TH AVENUE)
LOTS 2 & 3, BLK 4, ROGER M. COFFEY $ 35.42
ATLANTIC PARK GARDENS, 1502 N.W. 85TH STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC MIAMI, FL 33147-4340 2.41 (RECORDING)
RECORDS, PALM BEACH $107.83
COUNTY, FL
(SW 13TH AVENUE)
LOT 5, BLK 4, ATLANTIC ROGER M. COFFEY $ 31.43
PARK GARDENS, DELRAY, 1502 N.W. 85TH STREET 70.00 (ADM. COST)
PB 14, P 56, PUBLIC MIAMI, FL 33147-4340 2.41 (RECORDING)
RECORDS, PALM BEACH $103.84
COUNTY, FL
(SW 13TH AVENUE)
-4- Res. No. 19-93
,~ '"
LOT 17, BLK 1, ATLANTIC ELKANAH HEPBURN $ 39.42
PARK GARDENS, PB 14, P.O. BOX 8002 70.00 (ADM. COST)
P 56, PUBLIC RECORDS, W. PALM BEACH, FL 33407-0002 2.41 (RECORDING)
PALM BEACH COUNTY, FL $111.83
(37 NW 13TH AVENUE)
LOT 20, BLK 1, ATLANTIC RPI MANAGEMENT INC. $ 39.42
PARK GARDENS, DELRAY, BOX 2501 70.00 (ADM. COST)
PB 14, P 56, PUBLIC 7825 N.E. BAYSHORE COURT 2.41 (RECORDING)
RECORDS, PALM BEACH MIAMI, FL 33138 $111.83
COUNTY, FL
(NW 13TH AVENUE)
LOT 3, DELRAY MANOR LAVANIE MAREUS $135.60
ADD. TO DELRAY, PB 12, 713 S.W. 10TH STREET 70.00 (ADM. COST)
P 59, PUBLIC RECORDS, DELRAY BEACH, FL 33444-2219 2.41 (RECORDING)
PALM BEACH COUNTY, FL $208.01
(713 SW 10TH STREET)
LOT 16, BLK 18, SOUTH- KIM D. CRAIG $ 58.96
RIDGE, PB 13, P 38, 2556 SUNDY AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2130 2.41 (RECORDING)
BEACH COUNTY, FL $131.37
(2556 SUNDY AVENUE)
LOT 10, BLK 2, KENMONT, WILLIAM CARTWRIGHT $ 39.42
PB 20, P 65, PUBLIC C/O COPELAND & KRAMER 70.00 (ADM. COST)
RECORDS, PALM BEACH P.O. BOX 2421 2.41 (RECORDING)
COUNTY, FL STUART, FL 34995 $111.83
(710 BOND WAY)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5- Res. No. 19-93
.' "
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- -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t-'t \
SUBJECT: AGENDA ITEM ~ <6, - MEETING OF MARCH 10. 1993
RESOLUTION NO. 20-93
DATE: March 5, 1993
This is a resolution authorizing the transmittal of funds to the State
Board of Administration for investment.
The State Board is made up of a conglomerate of cities which send
their idle funds to be invested on a short-term basis. A resolution
is required in order to become a member of the Board. It appears, at
this time, the State is getting better results than can be achieved
at the local level with regard to interest earnings.
Recommend approval of Resolution No. 20-93.
,
- ----
RESOLUTION NO. 20-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE TRANSMITTAL
OF FUNDS TO THE STATE BOARD OF ADMINISTRATION FOR
INVESTMENT.
WHEREAS, the City of Delray Beach, Florida, from time
to time has funds on hand in excess of current needs; and,
WHEREAS, it is in the best interest of the City of
Delray Beach, Florida, and its inhabitants that funds be invested
to return the highest yield consistent with proper safeguards.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Director of Finance, or his/her
designee, be, and he/she is hereby authorized to transmit such
funds to the State Board of Administration to be invested
according to applicable laws of the State of Florida consistent
with the needs of the City of Delray Beach, Florida. Such
authorization includes authority to withdraw funds from the State
Board of Administration by giving timely notice and appropr'iate
confirmation.
Section 2. That this authorization shall be continuing
in nature until revoked by the City Commission of the City of
Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 10th
day of March, 1993.
MAY 0 R
ATTEST:
City Clerk
.
.
INVESTMENT POOL SYSTEMS INPUT DOCUMENT A 110"3 c
{one form must be filled out for each agency account}
!AGENCY ACCOUNT .
!cOMPLETE ACCOUNT TITLE AND ADDRESS:
CITY OF DELRAY BEACH GE~ERAL Fu~~ (001)
100 ~. W. First Avenue
Delray Beach, Florida 33444
AREA CODElTELEPHONE NUMBER (407) 243-7120 AGENCY FAX NUMBER (407) 243-3774
l PLEASE CONTACT YOUR BANK AND REQUEST THE FOLLOWING INFORIIA TION
I BANK'S ABA ROUT1NG# 067-008582
i NAME AND ADDRESS OF ROUTING BANK (Comp"" this .-ctlon if your "'nk is not on-line with the Federal
Reserve and utlllDa a correspondent "'nk or ita IMln omc. for wires):
I
NAME AND ADDRESS OF YOUR BANK TO WHICH FUNDS SHOULD BE WIRED:
Barnett Bank of Palm Beach County
1001 East Atlantic Avenue
I Delray Beach, Florida 33483
(Phone #: 407-243-1916)
BANK ACCOUNT NUMBER 1451029661
a.AME/TITlE OF PERSONS AUTHORIZED TO TRANSMIT OR WITHDRAW FUNDS:
I NAIIE I TITLE
i Joseph M, Safford I
,.........................................Director of Finance
I Rebecca S. O'Connor l...,..........,..,....."...........,.... Treasurer
Linda Harrover l.....,.........................,..,...... Budget Adminis t rator
-.........................................
a.AME/TITLElSIGNATURE OF PERSONS AUTHORIZED TO NOTIFY US OF CHANGES IN ACCOUNT INFORMATION:
-'AII Change. to Agency information Must be Submmed Through the u.. of the Input Documentstlon Form....
"'This Local Govemment Agency requires _ 1 -1L 2 signatures for changes in account information (please check one) ...
NAME T1TtE SIGNATURE
Robert A. Barcinski Asst. City Manager
Joseph M. Safford Director of Finance
Milena L. Walinski Asst. Director of Finance
STATE OF FLORIDA ALL CHANGES IIUST BE SIGNED BY
COUNTY OF Palm Beach INDIVIDUALS INCLUDED ON THE
MOST CURRENT PREVIOUSL Y SUBMITTED
i The foregoing inatrument waa .:knowledged t>>tore me thia INPUT DOCUMENTA TION
, day of , 19-1 by
, Who is ".rsonally known to me or who ha. produt>>d
take an oath. a. identifiClltion and who did/did not Authorized Signature #1
(circle .....}
nt,.
(SEAL)
Notary Public AuthorIZed Sit/natura #2 (If requITed)
State of Florida
My commission e]Cpir..: nt/e
De,.
FOR STA TE BOARD OF ADMINISTRA TlON USE ONL Y
COO Approval Dete
AGENCY ACCOUNTII
COO Approval De'e
INVESTJlENr POOl. 10 CODE
System. Input Dete
,
.
i ,1<,
. ( ~ ,:( I
[Iry DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278,4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: March 5, 1993
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: White/Graham v. City of Delray Be
Our File #05-89.002
This case arose out of an incident that occurred on February
24, 1986 involving former Officers Douglas Szczepanik and
Jeffrey Caldwell. It was alleged that Officers Szczepanik and
Caldwell used excessive use of force and falsely arrested the
Plaintiffs. The evidence adduced thus far in the case suggests
strongly that the altercation was initiated by the Plaintiffs.
The case has a sordid procedural history in that the Plaintiffs
filed actions in both federal and state courts. The state
court action was voluntarily dismissed; however, the
Plaintiffs' new lawyers have attempted to reinitiate it.
original counsel withdrew from the case because of difficulties
in getting along with the Plaintiffs. The federal court action
is ready to be tried once our Motions for Summary Judgment are
ruled on and the Fourth District Court of Appeal rules on
whether it was improper for Judge Brown to let the Plaintiffs
reinitiate their state court case after it had been dismissed.
Due to the procedural quagmire that we are currently in, we
agreed to mediate the case and said mediation is scheduled for
March 15, 1993.
However, the Plaintiffs have made an offer of settlement in
which they would agree to settle with each Plaintiff receiving
$100,000.00. Even in the event that the City was found liable,
it is our office's opinion that damages occurring to these
Plaintiffs does not approach the $100,000.00 level combined,
let alone independently. We would therefore strongly urge the
Commission to reject the offer of settlement. To that end,
this matter is being placed on the consent agenda for your
March 10, 1993 meeting.
gH
,. , "
..
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Memo to city Commission
March 5, 1993
Page 2
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
JSK: jw
cc: David Harden, City Manager
Lee Graham, Risk Manager
white3.jsk
'~ ' "
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'/- I
SUBJECT: AGENDA ITEM # 'l~ - MEETING OF MARCH 10, 1993
CANVASS RETURNS AND DECLARE RESULTS OF MARCH 9, 1993,
FIRST NONPARTISAN AND SPECIAL ELECTION
DATE: MARCH 5, 1993
A report of the results of the March 9, 1993, First Nonpartisan
and Special Election, together with the appropriate motions, will
be provided to the Commission prior to the start of the March
10th regular meeting.
, '
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M E M 0 RAN DUM
TO: Mayor and City Commissioners
FROM: Alison MacGregor Harty, City Clerk ~
SUBJECT: RESULTS OF FIRST NONPARTISAN AND SPECIAL ELECTION -
MARCH 9, 1993
DATE: March 10, 1993
Presented for your review are the cumulative totals for the
regular and absentee ballots as certified by the Supervisor of
Elections for Palm Beach County, Florida, indicating the results
of the First Nonpartisan and Special Election held on Tuesday,
March 9, 1993. The results are as follows:
COMMISSION MEMBER - SEAT NO. 1 :
Randee Golder 1,795 Regular + ~ Absentee
= 1,816 TOTAL
Barbara D. Smith 2,326 Regular + ~ Absentee
= 2,370 TOTAL
MOTION:
Move to approve the total votes for each candidate for Commission
Member - Seat No. 1 , including all the regular and absentee votes
as presented, and that it is hereby declared, based upon the
above and foregoing results, that Barbara D. Smith is elected as
Commission Member - Seat No. 1, for a two (2 ) year term
commencing on the 25th day of March, 1993, and ending in
accordance with the City Charter.
COMMISSION MEMBER - SEAT NO. 3 :
Kenneth C. Ellingsworth - Unopposed
Kenneth C. Ellingsworth, being the only candidate to qualify for
the office of Commission Member - Seat No. 3, is hereby declared
to be elected to that office in accordance with Section
5.04(b) (2) of the City Charter in that he is deemed to have voted
for himself. Mr. Ellingsworth shall serve for a term of two (2 )
years, commencing on the 25th day of March, 1993, and ending in
accordance with the City Charter.
,
.
TO~ Mayor and City Commissioners
Re: Results of March 9, 1993, Municipal Election
March 10, 1993 - Page Two
MOTION:
That Kenneth C. Ellingsworth be declared the winner as he was the
only candidate who qualified for the office of Commission Member
- Seat No.3, to be seated as of March 25, 1993, for a two (2)
year term ending in accordance with the City Charter.
REFERENDUM QUESTION:
USE OF DECADE OF EXCELLENCE FUNDS ON S.E./S.W. 10TH
STREET
Shall the City of Delray Beach be able to use street
project monies from the Decade of Excellence General
Obligation Bonds for reconstruction of S.E./S.W. 10th
Street from Federal Highway to Congress Avenue,
including sidewalk and drainage improvements, instead
of being limited to the expenditure of such funds only
on reconstruction of S.E./S.W. 10th Street from Federal
Highway to Wallace Drive (Germantown Road)?
Shall the above described question be adopted?
YES (For Approval)
2,887 Regular + ~ Absentee = 2,934 'TOTAL
NO (Against Approval)
1,070 Regular + -12- Absentee = 1,087 TOTAL
MOTION:
Move to approve the total votes for the Referendum Question and,
based upon the above and foregoing, it is hereby declared that
Referendum Question entitled "Use of Decade of Excellence Funds
on S.E./S.W. 10th Street" has been approved by a majority of the
electors of the City of Delray Beach, Florida, voting at the
election held on March 9, 1993.
AMH/m
Attachment
cc: City Manager
City Attorney
., "
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEF{)7'JI
SUBJECT: AGENDA ITEM i '1..& - MEETING OF MARCH 10. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: March 5, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period February
22, 1993 through March 5, 1993. The following actions were
considered during this reporting period:
Planning and Zoning Board:
-Determined that the City should not pursue the closure of N.W.
9th Avenue.
Site Plan Review and Appearance Board:
-Approved the master sign program for the Delray Beach
Mall/Muvico 10 Theaters, subject to conditions (4 to 2 vote).
-Approved the architectural elevation plan (shutters) for
Waterway East Commercial Condominium (5 to 1).
-Approved a minor site plan modification and landscape plan
associated with the construction of an 87 space parking lot at
County Sanitation.
-Tabled the site, landscape and architectural elevation plans
associated with the remodeling of an existing retail building,
Butler Building.
Historic Preservation Board did not act on any appealable items during
this reporting period. A detailed staff report is attached as backup
material for this item.
Recommend the Commission receive and file this report.
" l'
~;K
t"J'- )
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ r~o C~TY ;&AGER
THRU: DA~ J. KOVACS, DIRjTOR
DEPARTMENT OF PLANNING AND ZONING
,/ ~?
~M_~ a~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF MARCH 10, 1993
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 22, 1993 THRU MARCH 5, 1993
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of February 22, 1993, through
March 5, 1993.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
Ci ty Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1- The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
'. "
City Commission Documentation
Report of Appealable Land Use Items
February 22, 1993 thru March 5, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF FEBRUARY 8, 1993
A. Determined that the City should not pursue the closure of
NW 9th Avenue (Vote 7 to 0).
No other appealable items were considered by the Board. The
following agenda items which were considered by the Board will
be forwarded to the City Commission as separate agenda items:
* Recommended approval (7 to 0) , of the Abandonment of a
Portion of Queens Avenue, lying between Wallace Drive and
SW 10th Avenue.
* Certified the final plat for Wallace Dodge, which is
located on the north side of Linton Boulevard, between
Wallace Drive and SW 10th Avenue (if extended northward) as
being consistent with the preliminary plat (vote 7 to 0).
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 10,
1993: :
l. Approved with conditions the master sign program for the
Delray Beach Mall for additional exterior signs for the
Muvico 10 Theaters (Vote 4 to 2).
2. Approved the architectural elevation plan (facade changes
to add shutters) for Waterway East Commercial Condominium,
located at the southwest corner of Atlantic Avenue and
Venetian Drive (Vote 5 to l).
3. Approved a minor site plan modification and landscape plan
associated with the construction of an 87 space parking lot
at County Sanitation, located on the east side of SW 4th
Avenue, north of Linton Avenue (Vote 7 to 0).
4. Tabled on a 7 to 0 vote, the site plan, landscape plan and
architectural elevation plan associated with the remodeling
of an existing retail building, Butler Building, located on
the south side of Atlantic Avenue, between SW 10th and 11th
Avenues. The Board felt that more attention should be given
to landscape materials which create height within the
planter areas, and that the building elevations could be
softened by increasing the mansard treatment.
No other appealable items were considered by the Board.
However, the following agenda item required Board action.
* Approved the business sign for Banyan Printing, located at
1191 North Federal Highway (vote 7 to 0).
, ' ""
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City Commission Documentation
Report of Appealable Land Use Items
February 22, 1993 thru March 5, 1993
Page 3
HISTORIC PRESERVATION BOARD (No Regular meeting was held during
this period).
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
. "
LOCA nON MAP FOR
CITY COMMISSION MEETING
OF MARCH 10. 1993
L-JO CAtlAL ~
~ i
~
! z ;
~ ~
! III
LAKE IDA ROAD
.... lilC
~ I NW2ST
ATLANTIC AvtNUE SW2ST
~ w
~
~ ! . ..
a a
5 i
LOWSOH BOULEVARD
I
2
UNTO" BOULEVARD i
'1tN
I
A
L-J' CAtlAL
S.P.R.A.B. ITEMS: P. & Z. ITEMS:
1. - DElRA Y BEACH ...All A. - N.W. 9TH AVENUE
MASTER SIGN PROGRA'"
2. - WATERWAY EAST CO......ERCIAl
N 3. - COUNTY SANIT AllaN
- 4. - BUTLER BUILDING
CITY OF DELRAY lEACH. flORIDA
'LANNINC DEPARTNENT
. "
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tl/l/l
SUBJECT: AGENDA ITEM i ~e.. - MEETING OF MARCH 10. 1993
REVISED WATER SERVICE AGREEMENT/DISCOUNT AUTO PARTS
DATE: March 5, 1993
At the time the agenda was complete the attorney for Discount Auto
Parts was still reviewing the revised agreement, It is anticipated
that this document will be forwarded to you prior to Tuesday evening's
meeting. JprI1jUJYY1~~~
c1 ~ .3!lo!q3
r
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {17~
SUBJECT: AGENDA ITEM i ~ - MEETING OF MARCH 10. 1993
REOUEST FOR WAIVER OF LDR SECTION 5.3.1 (E)
DATE: March 5, 1993
We have received a request from Landscape Technology Inc. for waiver
of LDR Section 5 . 3 . 1 (E) , which requires construction of street/road
improvements on Royal Palm Drive, in conjunction with their
development proposal to establish a landscape contracting business in
a former single family dwelling on the north side of Royal Palm Drive.
Royal Palm Drive is an unimproved substandard street which is
currently finished in shellrock. As a part of the Enclave Improvement
Program, city water and sewer services were provided to this area;
however, no street improvements were made to Royal Palm Drive.
Staff feels that at this time it is impractical to provide the
improvements to the street as the site is located in a Redevelopment
Area for which a redevelopment plan has not been developed. In
addition, the plans for extending S.W. 10th Avenue from Linton
Boulevard to S,W. 10th Street will involve some modifications to the
existing intersection of Wallace Drive and S,W. 10th Street. It is
possible that the configuration of Royal Palm/Wallace Drive
intersection may be impacted as well,
The Site Plan Review and Appearance Board at their February 10th
meeting approved the site plan request, with the condition that the
street be improved, or that relief from this requirement by granted by
the City Commission. The Board also discussed the waiver request, and
recommended approval. The Board felt that since this development was
in a transitional area, a waiver was appropriate,
The options before the Commission are to: (1) deny the waiver request;
(2 ) approve the waiver and extract the cost for improving the entire
street section of Royal Palm Drive from Wallace Drive to the western
edge of Landscape Technology's propertYi or, (3 ) approve the waiver
and extract the cost of improving that section of Royal Palm Drive
that is immediately adjacent to the subject property, from the
centerline of the right-of-way to the property line,
It should be noted that in the past the City has not allowed new
construction of single family homes on other than improved streets. A
detailed staff report is attached as backup material for this item.
Recommend consideration of the request from Landscape Technology Inc.
for waiver of LDR Section 5.3.1 (E) .
" "
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'1\)
c. .
/;;V'I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTOR~l~ ~ll-(;J
DEPARTMENT OF PLANNING AND ON
FROM: JANET MEEKS, PLANNER II~
SUBJECT: MEETING OF MARCH 10, 1993
CONSIDERATION OF A WAIVER TO A REQUIREMENT TO PROVIDE
IMPROVEMENTS TO ROYAL PALM DRIVE [SECTION 5.3.1 ( E) 1
FOR LANDSCAPE TECHNOLOGY, INC.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qrantinq a waiver in conjunction with a development request
involving site plan approval.
The waiver is to Section 5.3.1( ) and involves the
requirement to construct a portion of Royal Palm Drive. The
development proposal is to establish a landscape contracting
business for Landscape Technology in a former single family
dwelling. The property is located west of Wallace Drive, on
the north side of Royal Palm Drive.
BACKGROUND:
In July of 1983, the subject property, which included a single
family dwelling unit, was annexed into the City via Ordinance No.
43-83, and given a zoning designation of R-1A. In 1988 the
property was rezoned to LI (Light Industrial), which made the
single family dwelling unit a non-conforming use. In October of
1990, with the City wide rezoning and adoption of the LDR's, the
subject property was rezoned to MIC (Mixed Industrial and
Commercial).
Landscape Technology began to operate a landscape contractor's
office within the single family'dwelling in January of 1991. In
May of 1991, the Code Enforcement Division cited this property
f or the establishment of a use which had not gone through the
appropriate development review procedures. Pursuant to Section
4.4.19(E)(2), in the MIC zone district, any new development or
use must be approved by the Site Plan Review and Appearance
Board.
, "
City Commission Documentation
Waiver Request for Landscape Technology
Page 2
The applicant has been before the Code Enforcement Board on
numerous occasions to request an extension to this violation, and
extensions have been granted. In July of 1992, a site plan was
submitted and reviewed by staff. The applicant was sent a
Technical Compliance Letter which listed outstanding technical
items. One of those technical items included a requirement to
improve (to municipal standards) Royal Palm Drive. A response to
that letter was received by the Planning Department in January of
1993, and included a waiver request to this code requirement.
Royal Palm Drive Analysis:
Royal Palm Drive is an unimproved substandard street which is
currently finished in shellrock. As part of the Enclave
Improvement Program, City water and sewer services were provided
to this area. However, no street improvements were made to Royal
Palm Drive. Right-of-way dedication (25' ) was provided to the
south of this development as part of the Sunny Acre Plat. With
this development proposal the balance of the right-of-way
dedication is to be provided [REF: 5.3.1(A)(3)) for an ultimate
right-of-way of 50' from Wallace Drive to the western edge of
this property.
Section 4.6.3(C) of the LDR's states that where there are lots
along a public street, the street is to be improved. In
situations where development is desired, and standard
improvements (i.e. streets) are not in place, the "developer" is
responsible for making the improvements [REF: Section 5.3.1(E)).
Since the substandard condition exists, the change in use from a
single family home to a landscape business triggers the
requirement to pave the street.
The applicant has provided a written request for a waiver of this
requirement. A copy of the request letter is attached. Relief
to the above requirements must be granted by the City Commission.
LDR Section 5.3.1(E)(2) does allow for payment of the costs for
construction of 1/2 the roadway (defined as that portion of
roadway from the centerline to the property line, for the length
of the property) when it is impractical to physically provide the
improvements.
In this situation, it is physically possible to provide the
road improvements from Wallace Drive to the western boundary of
this site, as 50' of right-of-way is available. However, at this
point in time, it may be impractical to provide the improvements
to the street. The site is located in a Redevelopment Area for
which a redevelopment plan has not yet been prepared. In
addition, the plans for extending S. W. 10th Avenue from Linton
Boulevard to S.W. 10th St. will involve some modifications to the
existing intersection of Wallace Drive and S.W. 10th St. While a
specific design for this modification has not yet been approved,
it is possible that the configuration of the Royal Palm/Wallace
. "
City Commission Documentation
Waiver Request for Landscape Technology
Page 3
Drive intersection will change as well. If Royal Palm is
improved now to accommodate this development, those improvements
may have to be removed or changed when S.W. 10th Avenue is
completed.
It may therefore be appropriate at this time to exact the cost
for all or part of the construction of Royal Palm Drive until the
ultimate plan for traffic circulation in and around this site has
been developed.
Waiver Analysis:
Pursuant to Section 2.4.7(B), the City Commission may grant a
waiver to any provision of these regulations when there is no
other avenue for relief. Prior to granting a waiver, the
granting body shall make a finding that the granting of the
waiver:
a. Shall not adversely affect the neighboring area;
b. Shall not significantly diminish the provision of
public facilities;
c. Shall not create an unsafe situation; or,
d. Does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
Under item (a) above, it does not appear that granting this
waiver will adversely affect the neighboring area. The
unimproved street is an existing condition, even prior to the
property being annexed into the City. It is not likely that this
development will generate traffic volumes that will create dust
or substantial surface erosion. To the north, south and west of
the property are vacant lots, to the east is a single family unit
that fronts on Wallace Drive, but which takes access from Royal
Palm Drive.
In terms of the provision of public facilities, the development
provides for 25' of dedication for an ultimate right-of-way of
50' , thus in the future the ability to provide an improved
street is not diminished. Payment of a portion of that
improvement can be exacted to ensure that the property owner pays
his fair share.
It does not appear that granting a waiver will result in an
unsafe situation. The shellrock road is approximately 22' in
width, which is wide enough to accommodate two-way traffic.
Also, Landscape Technology has been operating (without approval)
at this location for approximately two years, and no problems of
a safety nature are noted.
,
City Commission Documentation
Waiver Request for Landscape Technology
Page 4
Regarding the issue of a special privilege, in the past the City
has not allowed new construction of single family homes on other
than improved streets. This situation involves the re-use of a
structure that was allowed to be built under the Palm Beach
County's jurisdiction on a substandard street. While the
granting of a waiver may set a precedent, each such case should
be evaluated as to its particular circumstances, i.e., nature of
the proposed use, character of the surrounding area, etc.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
The Site Plan Review and Appearance Board, at its meeting of
February 10, 1992, approved the site plan request on a 6 to 0
vote, with the condition that the street be improved, or that
relief from this requirement be granted by the City Commission.
The Board discussed the waiver request, and felt that since this
development was in a "transition" area, a waiver would be
appropriate. The Board voted 6 to o to recommend that the City
Commission approve the waiver request.
RECOMMENDED ACTION:
Commission discretion. However, if the waiver is approved, it
should be made contingent upon the payment of an amount equal to
one of the following:
A. The cost of improving the entire street section of Royal
Palm Drive from Wallace Drive to the western edge of Landscape
Technology's property, ~
B. The cost of improving that section of Royal Palm Drive
that is immediately adjacent to the subject property, from the
centerline of the right-of-way to the property line.
Attachment:
* Location Map
* Request for Waiver Letter, Dated February 3, 1993
* SPRAB Staff Report
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Landscape Techniques of South Florida, Inc.
1115 Royal Palm Drive
Delray Beach, FL 33444
(407) 276-2552
February 3, 1993
City of Delray Beac rl FlorIda
Delray Beach, FL 33444
Dear Sirs;
Landscape Techniques of South FlorIda, Inc. IS reCJuestinq a
waiver for Section 5.3.1E, 1..11:11 c h reqUIres the construction of
Royal Palm Drive, Delray Beach, FL. This request is made
because the subject property IS located In a redevelopment
area of the city and untIl a receveiooment plan IS In place
it may nClt be approprIate that tIll s road be pavpcj.
Furthermore, the use of a contrac~lnQ offIce IS allowed In
the MIC Zone District which 1 s consIstent WI t rl oolley C-2.5
of the Land Use Element, wtl i c h states tllat tilE' I.:,pr mctn town
F.:oad industrial area shall be orImarIly in('justYIc'1l WIt ~1 an
emphas~s on commerce L1ses. (~:E: pec & MIe DIstrIcts)
We are also requestIng a waiver on Section 6. 1 . 3 w rll c h
requires a sidewalk along Rqyal Palm DrIve. There are no
sidewalks in the ImmedIate ctrea that lead anywhere.
..
If I may be of assistance In reference to t il1 S rna t t er please
.:ont ae t me.
F.:espee t full y,
LANDSCAPE TECHNIQUES OF S. FLOfU VA. INC. .
~4g
RQger Williams
President ~~(C~llWIElID
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PLANNING & ZON\NG
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SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y dEACH --- '- ~-AFF REPORT ---
MEETINO DATE: February 10, 1993
AOENDA ITEM: IV.B.
ITEM: .
Landscape Technology - Basic Site Plan for the Establishment
of a Landscape Contractor's Office
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GENERAL DATA:
Owner.........................Roger Williams and Victor Nocera -
Applicant.....................Albert Jackman
Location,...................,.North side of Royal Palm Drive,
west of Wallace Drive.
Property Size.................O.46 acres
city Land Use Plan............Redevelopment Area 12
City Zoning...................MIC (Mixed Industrial and
Commercial)
Adjacent Zoning........North: MIC
East: MIC
South: MIC
West: MIC
Existing Land Use.............Single family residence which has
been converted without formal
approval to a landscaping
contractor's facility.
Proposed Land Use.............Landscaping contractor's facility.
Water Service.................8" water main in Royal Palm
Drive.
Sewer Service.................8" sanitary sewer main in Royal
Palm Drive. IV.B.
" "
I T E M B E r 0 R E THE BOA R DI
The item before the Board is that of approval of a basic site
plan for Landscape Technology.
The subject property is located west of Germantown Road on the
north side of Royal Palm Drive.
BACKGROUND:
In July of 1983, the subject property, which included a single
family dwelling unit, was annexed into the City via Ordinance No.
43-83, and given a zoning designation of R-1A. Sometime between
1987 and 1988 the property was rezoned to LI (Light Industrial),
which made the single family dwelling unit a non-conforming use.
In October of 1990, with the City wide rezoning and adoption of
the LDR's, the subject property was rezoned to MIC (Mixed
Industrial and Commercial).
Landscape Technology established a landscape contractor's office
within the single family dwelling. In May of 1991, the Code
Enforcement Division cited this property for the establishment of
a use which had not gone through the appropriate development
review procedures. Pursuant to Section 4.4.19(E)(2), any new
development or use must be approved by the Site Plan Review and
Appearance Board.
In December of 1991, this item was heard before the Code
Enforcement Board ( CEB) . The property owner was found to be in
violation of Section 4.4.19(E)(2) . The parties involved were
given 30 days to correct the violation with a $100.00 a day fine
thereafter.
On January 18, 1992, the owner submitted a letter to the Code
Enforcement Department, that a site plan would be submitted for
processing no later than January 28th, and requesting a 30 day
extension of the Code Enforcement action.
On February 3 , 1992 the Planning and Zoning Department received
a site plan application for the subject property. A letter was
written back to the applicant on February 7th, stating that the
site plan submission was not accepted for processing due to
numerous site plan and submission deficiencies.
On February 11, the CEB granted a 30 day extension for the site
plan application to be accepted by the Planning and Zoning
Department and 60 days from the date of the notice to obtain site
plan approval. During this period, the fine would be frozen.
, '"
SPRAB Staff Report
Landscape Technolo~~ Site Plan
Page 2
At the CEB meeting of April 14, 1992 another 60 day extension was
granted. However, that extension expired on July 15th and a fine
started accuring. The applicant resubmitted a site plan on July
29, 1992 addressing the previous deficiencies. The applicant was
sent a Technical Compliance Letter, however, the Planning and
Zoning Department did not receive a response to this letter.
At the CEB meeting of August 11, 1992, the applicant requested
another extension. The Board granted a 90 day extension, and
froze the fine. At the CEB meeting of January 12, 1993, the
applicant requested another extension. The Board granted a 30
day extension.
On January 28th, the applicant submitted a basic site plan which
addressed some of the technical comments. One of the outstanding
technical items involves the paving of Royal Palm Drive from
Germantown Road to the western edge of the property. Due to the
costs involved with this improvement, the applicant is requesting
a waiver from that requirement. The waiver involves City
Commission action, the disposition of which will affect whether
or not this project can move forward. In order to keep the
pro j ect on schedule, the applicant is requesting approval of a
basic site plan only. If the street paving is waived, he will
then move forward with his final site plan and landscape plan.
D EVE LOP MEN T PRO P 0 S A L :
The site consists of a 1,124 sq. ft. single story C.B.S.
structure, with almost all of the balance of the site being
shellrock. The proposal is to retain the structure as is. A 10
space parking lot is to be constructed to the rear of the
structure with one handicap parking space located in front. Two
storage trailers are to be situated along the west property line
adjacent to the parking lot along with a concrete dumpster
enclosure.
SIT E P LAN A N A L Y S I S:
Pursuant to Section 3.1.1 of the Land Development Regulations, prior
to approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the staff report,
or minutes. Findings shall be made by the Board to approve or deny
the development application. These findings relate to the following
our areas:
Future Land Use Map: The use structures must be allowed in the
zoning district and the zoning district must be consistent with
the land use designation.
" ' "
SPRAB Staff Repor~
Landscape Technol~~f Site Plan
Page 3
Contractor offices are allowed in the MIC (Mixed Industrial and
Commercial) zone district. The land use designation is
Redevelopment area '2. Policy C-2.5, under the Land Use Element,
states that the uses within the Germantown Road Industrial area
shall be primarily industrial with an emphasis on commerce (PCC,
MIC Districts). A finding of consistency can be made that the
intent of the Redevelopment Area is being met.
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 as established within
the Comprehensive Plan.
Water:
Water is provided to the site via an 8" main located along the
south side of Royal Palm Drive. A 2" service lateral will be
extended to the structure.
Sewer:
A septic tank system is currently used for waste disposal.
As part of the Decade of Excellence Bond, this area recently
received water and sewer improvements. A new 8" sanitary sewer
line was extended from Germantown Road west on Royal Palm Drive.
Pursuant to Section 6.l.l1(C)(5), at the time a public sewer
becomes available to property served by a septic tank, a direct
connection shall be made to the public sewer and the septic tank
shall be abandoned and filled with suitable material. The plans
indicate that this connection will be made.
Drainage:
Drainage will be accommodated through an exfiltration system,
which is to be located within the paved parking area. The system
discharges into a sodded area to the rear of the parking lot.
While this system appears to be acceptable, final engineering
plans for the drainage will need to be approved along with the
final site plan or plat.
Streets:
Royal Palm Drive is an unimproved substandard street which is
currently finished in shellrock. Right-of-way dedication (25' )
was provided to the south of this development as part of the
Sunny Acre Plat. With this development proposal the balance of
the right-of-way dedication is required [REF: 5.3.l(A)(3)), and
has been provided for an ultimate right-of-way of 50'.
t ' "
.
SPRAB Staff Reporl
Landscape Technolo~i Site Plan
Page 4
To establish a use on Royal Palm Drive, the LOR's state that
where there are lots along a public street, the street is to be
improved [Section 4.6.3(C)]. In situations where development is
desired, and standard improvements i.e. streets are not in place,
the "developer" is responsible for making the improvements [REF:
Section 5.3.1(E)].
The applicant has provided a written request for a waiver of the
requirement to pave the street. Relief to the above requirements
must be granted by the city Commission. LDR Section 5.3.1(E)(2)
does allow for payment of costs for construction of 1/2 the
roadway when it is impractical to physically provide the
improvements.
In this situation, it is physically possible to provide the
road improvements from Germantown Road to the western boundary of
this site, as 50' of right-of-way can be accommodated. However,
it may be impractical at this time, as the site is in a
Redevelopment Area for which a plan has not yet been developed. A
portion of Royal Palm Drive has been abandoned from Lime Lane to
the west (see location map) . Lime Lane is also an unimproved
street which does not even contain shellrock. So, an argument
can be made that it is impractical at this point in time that the
road be paved until a redevelopment plan is in place to determine
how the traffic ciruclation will be accommodated in this area.
In the past, the City has not allowed new construction of single
family homes on other than improved streets (in accordance with
municipal standards). However, this situation involves the
re-use of an existing structure, which was built under the former
Palm Beach County jurisdiction on a substandard road. It may be
appropriate to obtain 1/2 the cost of improvements until the
Redevelopment Plan for the area is in place. The final decision
will rest with the City Commission.
Traffic:
Staff provided the traffic statement for the subject property and
the following is noted:
Existing Use - Single Family Residential = 10 ADT
Proposed Use - General Office = 27 ADT
---------
Net Increase: 17 ADT
The increase in traffic generated by this use will have a minimal
impact on the adjacent road system.
Parks:
Park dedication requirements do not apply for nonresidential
uses.
" "
SPRAB Staff Repor'
Landscape Technol~~f Site Plan
Page 5
Solid Waste:
Accommodation of solid waste will be provided through the
'installation of a dumpster. The development proposal will have
little or no impact on the County's solid waste disposal
facilities.
Consistency:
Pursuant to Section 3.3.1 (Basis for Determining Consistency), the
performance standards set forth in Section 3.3.3 (Standards for Site
Plan Actions) along with compliance to Section 2.4.5(F)(5)(General
Compatibility and Harmony with Adjacent Properties) 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 3.3.3 and other policies
which apply are as follows:
Standards for Site Plan Action:
A) Building design, landscaping, and lighting (glare) shall be
such that they do not create unwarranted distractions or
blockage of visibility as it pertains to traffic
circulation. (Traffic Element C-1.2)
The existing structure is to remain. The submittal did not
include a lighting plan. It does not appear that the existing
structure or the proposed landscaping will create unwarranted
distractions as it pertains to traffic circulation. When a
lighting plan is submitted, it must meet this site plan standard.
S) Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with
objective D-l of the Traffic Element.
This development proposal is located in an industrial area with
several unimproved streets. The applicant has requested a
waiver to the requirement to provide a sidewalk along Royal Palm
Drive as no sidewalks exist along Germantown Road or Royal Palm
Drive. Even if the applicant is required to improve Royal Palm
Drive, the sidewalk waiver is reasonable in this area. On-site
pedestrian circulation has been accommodated with a sidewalk from
the parking area to the structure.
NOTE: The balance of the site plan standards do not apply to
this development proposal.
, ,.
SPRAB Staff Repor
Landscape Technol~~y Site Plan
Page 6
Section 2.4.5(F)(5) Site Plan Findinqsl
Pursuant to Section 2.4.5(F)(5)(Findings), in addition to
provisions of Chapter Three, the approving body must make a
finding that development of the property pursuant to the site
plan will be compatible and harmonious with the adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
To the west and north of the site is vacant property, to the east
and south of the development are non-conforming single family
houses. In order to mitigate the impacts of this use on adjacent
residential uses, trees are to be provided at 25' on center [REF:
Section 4.6.l6(H)(3)(e)). Also, a 6' high chain link fence is
proposed along with a 2' hedge. It may be appropriate that a
hedge 4 1/2' in height at the time of installation be required to
help buffer the single family homes. There should be no adverse
impact on the surrounding vacant properties.
Compliance with Land Development Requlations:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
Parkinq: Industrial uses are to provide 3 spaces per 1,000
sq. ft. of floor area devoted to the office use, in addition to 1
space for each 1,000 sq. ft. of floor area devoted to storage.
There is approximately 1,124 sq. ft. of floor area, which
requires 4 parking spaces. The storage trailers require 1
parking space. A total of 5 parking spaces are required for this
development proposal. The applicant has provided 6 additional
parking spaces to accommodate employee demands, for a total of
eleven spaces.
Setbacks: Within the MIC district, a 25' front setback is
required where in the first la' abutting the right-of-way shall
be landscaped except for driveways [REF:4.4.19(D)(7)]. The side
and rear yard setback is 10'.
This development meets or exceeds the setback requirements.
Screens and Buffers: Pursuant to Section 4.6.16(H)(3)(e), where
any commercial or industrial areas abut a residential zoning
district or properties in residential use, trees shall be provided
25' on center.
The proposal provides for trees 25' on center with a 2' hedge.
As previously stated, it may be appropriate to provide a hedge at
least 4 1/2' in height at the time of installation to help buffer
the residential uses to the south and east.
., n
.
SPRAB Staff Repor
Landscape Technol~~y Site Plan
Page 7
Outdoor Storage: Pursuant to Section 4.4.19(G)(1), outside
storage may be allowed only in the rear yards and then only when
screened from adjacent properties and public rights-of-way in a
manner approved by the Board.
currently there are numerous items being stored in the side and
front yards of the property. These items must be relocated to
the rear of the property with the establishment of this use. The
Board will need to determine if this storage area will be
appropriately screened by the proposed chain link fence and
hedge, or if additional screening should be provided.
Building Height: The maximum building height in the MIC district
is 48'.
The existing structure is approximately 15' in height which
complies with this requirement.
Sidewalks: Pursuant to Section 6.1.3(A)(2), a 5' sidewalk is
required along the ultimate right-of-way line of Royal Palm
Drive. Relief from this section may be obtained through the site
plan approval process [REF: Section 6.3.1(0)(2)] if it is clear
that the sidewalk will not serve its intended purpose.
See discussion under Standards for Site Plan Action, paragraph B
Lighting:
A lighting plan has not been submitted to date. However, for
security reasons it may be appropriate that lights be provided in
the parking lot area.
Plat:
This property is described in metes and bounds, and there is a
25' right-of-way dedication requirement for Royal Palm Drive.
Thus, it is appropriate that the subject property be platted.
The applicant has been informed of this requirement.
TECHNICAL ITEMS:
While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding:
1. Provide striping detail for parking lot.
2. Provide site data on site plan, i.e. open space, parking
required, parking provided, etc.
3. Fully dimension site plan i.e. setbacks from property line
to structures, parking lot, etc.
" "
SPRAB Staff Repor
Landscape Technol~~y Site Plan
Page 8
4. Provide a lighting plan.
5. Sign and mark the handicap space as such.
Enqineering Technical Items:
1- Provide drainage calculations verifying that the proposed
exfiltration trench system will be sufficient to handle
storm water quality and quantity criteria.
2. Provide verification that the proposed sanitary sewer
connection point is deep enough to allow the proposed length
and slope of service line.
LAN D S CAP E A N A L Y S IS:
The action requested of the Board is approval of a basic site
plan. Thus, no action is required on a landscape plan at this
time.
ARCHITECTURAL E LEV A T ION S :
No modifications to the existing building is proposed at this
time.
REV I E W B Y o THE R S :
The development proposal is not in a geographic area requiring
review by either the HPB (Historic Preservation Board) , DDA
(Downtown Development Authori ty) , or the CRA (Community
Redevelopment Agency).
ASS E SSM E NT:
A basic site plan approval is being requested as a result of a
Code Enforcement Violation. The violation was for the
establishment of a new use without going through the appropriate
review process. The development proposal will provide for
on-site parking and a dumpster enclosure. The house is to remain
as is. A plat of the property will be required. There are
several outstanding issues which the Board must focus on. These
issues include the appropriateness of proposed screening for
the outdoor storage area; the buffer between this development and
the adjacent residential units; and the request to waive the
sidewalk requirement.
,
SPRAB Staff Repor
Landscape Technol~~y Site Plan
Page 9
A L T ERN A T I V E ACT ION S :
1. Continue with direction.
2. Approve the basic site plan based upon positive
findings pursuant to Section 3.1.1 and Section 3.3.3 subject
to conditions.
3. Deny approval of the basic site plan based upon a failure to
make a positive finding from Section 3.1.1.
R E COM MEN D E D ACT ION :
By Separate Motions:
Waivers:
1. Approve the waiver request from Section 6.3.1 to provide a
5' sidewalk along Royal Palm Drive.
Basic Site Plan:
1. Approve the basic site plan based upon positive findings
pursuant to Section 3.1.1 (Required Findings) and Section
3.3.3 (Standards for Site Plan Actions) subject to the
following conditions:
Conditions:
a. That Royal Palm Drive be paved, or that relief from
that requirement be granted by the City Commission.
b. Submittal of a final site plan, landscape plan and
engineering plan accommodating the technical comments
stated herein.
c. That the subject property be platted.
d. That a 4 1/2' hedge be installed around the south, east
and north sides of the property to screen the outdoor
storage area, and to provide a more significant buffer
between this property and the adjacent dwellings.
Attachments:
* Site Plan and Location Map
JCM/T:LANDTECH
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[ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE,' ,DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 wr.1.'t:.er'. D.1.reCl't:. L.1.ne
(407) 243-7090
MEMORANDUM
Date: March 3, 1993
To: Ci ty Commission ~
From: David N. Tolces, Assistant City Attorne~
Subject: Lease Agreement for Use of 2.63 Acre Parcel at Lake
Ida Park
Attached for your approval is a Lease Agreement with Palm Beach
County. The Lease Agreement will grant to the City for 25
years the right to use and improve the park on the east side of
Lake Ida at N.W. 11th Street and Lake Drive. The City will be
responsible for all maintenance at the park during the term of
the lease. The City will need to obtain approval for improve-
ments to the park which in each instance exceed $25,000. The
premises must be used for recreational purposes.
Our office recommends approval of the Lease Agreement with Palm
Beach County for the 2.63 acre parcel at Lake Ida Park. If you
have any questions regarding this matter, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
lakeida5. dnt
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.................................................................
PALM BEACH COUNTY
LAND LEASE AGREEMENT
between
PALM BEACH COUNTY
and
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CITY OF DELRAY BEACH, FLORIDA I
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.................................................................
IIII1r\agreennt\de I ray2. l se
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TABLE OF CONTENTS
PAGE
ARTICLE I BASIC LEASE PROVISIONS
Section 1.01 Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
section 1.02 Length of Term and Commencement Date.......... 1
ARTICLE II RENT
section 2.01 Annual Rent...........,....................... 1
section 2.02 Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE III CONSTRUCTION OF LEASED PREMISES
Section 3.01 Acceptance of Premises by Lessee. ....... ...... 2
Section 3.02
(a) Lessee's Work.,............................... 2
(b) Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(c) Mechanics' Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES
BY LESSEE
Section 4.01 Use of Premises.......,....................... 2
Section 4.02 Waste or Nuisance.,........,.................. 2
Section 4.03 Hazardous Substances. ...., ........ ...... ...... 3
Section 4.04 Governmental Regulations..... .... ........ ..... 3
Section 4.05 Non-Discrimination.. .... ......... ....... ...... 3
Section 4.06 Surrender of Premises. ........ ....... ......... 3
ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of Lessor and Lessee........... 4
Section 5.02 Responsibility of Lessee Regarding Alterations
and Personal property...,.................... 4
J
ARTICLE VI INSURANCE AND INDEMNITY /
Section 6.01 Liability Insurance...............,........,.. 4
Section 6.02 Indemnification ............................. . 4
ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS
section 7.01 Damage or Destruction by Fire, War
or Act of God.....................,.......... 4
ARTICLE VIII UTILITIES 5
ARTICLE IX SUBORDINATION AND ATTORNMENT 5
ARTICLE X ASSIGNMENT AND SUBLETTING
Section 10.01 Consent Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE XI DEFAULT OF LESSEE
Section 11. 01 Events of Default...............,.....,....... 5
Section 11.02 Waiver, Accord and satisfaction............... 5
Section 11. 03 Legal Expenses................................ 6
ARTICLE XII ACCESS BY LESSOR
Section 12.01 Right of Entry................................ 6
ARTICLE XIII QUIET ENJOYMENT
Section 13.01 Lessor's Covenant............................. 6
ARTICLE XIV MISCELLANEOUS
Section 14.01 Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 14.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 14.03 Brokers Commission............................ 7
Section 14.04 Severability............. ......... . ........... 7
Section 14.05 captions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 14.06 Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 14.07 Liability of Lessor........................... 7
Section 14.08 Waiver of Jury Trial.......................... 7
Section 14,09 Governing Law....,.,.,.,...................... 8
Section 14.10 Time of Essence...........................,... 8
Section 14.11 Benefit and Binding Effect.................... 8
Exhibits
Exhibit "A" The Premises.................................. 9
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this ___ day of
, 1993, by and between PALM BEACH COUNTY, a political
subdivision of the state of Florida, hereinafter referred to as
"Lessor" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor is the owner of certain real property in Palm
Beach County, Florida, constituting the north-eastern portion of
Palm Beach County's Lake Ida Park, as said property (the
"Property") is legally described in Exhibit "A" attached hereto and
by reference made a part hereof; and
WHEREAS, Lessee wishes to lease the Property for use as a city
neighborhood park; and
WHEREAS, Lessor is willing to lease the Property to Lessee for
the purposes hereinafter defined,
NOW THEREFORE, in consideration of the rents, covenants and
agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, the Lessor demises and leases
to Lessee and the Lessee rents from Lessor the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS I
section 1.01 Premises.
The Property subject to this Lease, consists of approximately
I2.63 acres of lake front land situated on Lake Drive between NW
11th and NW 12th streets, Delray Beach, Florida as legally
described in Exhibit "A", together with Lessor's interest, if any,
in all improvements and appurtenances thereto (collectively the
"Premises").
section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the date of full
execution of this Lease (the "Commencement Date") and shall extend
for a period of twenty-five (25) years thereafter (the "Term"),
unless sooner terminated pursuant to the provisions of this Lease.
ARTICLE II
RENT
section 2.01 Annual Rent.
Lessee shall pay Lessor for the use and occupancy of the
Premises an annual Rent of One ($1. 00) Dollar, payable on the
Commencement Date and each subsequent anniversary thereof. Rent
shall be made payable to the Palm Beach County Board of County
Commissioners and shall be delivered annually in advance to Palm
Beach County Finance Department Revenue Section, P.O. Box 4036,
West Palm Beach, Florida 33402.
section 2.02 Assessments.
Lessee during the Term of this Lease shall pay before
delinquency all assessments which may be levied by any governmental
authority against the Premises or Lessee's Alterations constructed
on the Premises.
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ARTICLE III
CONSTRUCTION OF LEASED PREMISES
section 3.01 Acceptance of premises by Lessee.
Lessee certifies that Lessee has inspected the Premises and
accepts same "As Is", in its existing condition as of the
Commencement Date of this Lease. No repair work, alterations, or
remodeling of the Premises is required to be done by Lessor as a
condition of this Lease.
section 3.02 (a) Lessee's Work.
Lessee agrees, to perform all work, at its own cost and
expense, which is necessary to fully equip and maintain the
Premises for the lawful use of the Premises as specified in Section
4.01 of this Lease.
(b) Alterations. Any installation, alteration, improvement,
addition, or modification to the Premises by the Lessee
(hereinafter collectively referred to as "Alterations"), the value
of which exceeds Twenty-five Thousand Dollars ($25,000), shall
require the prior written consent of Lessor in each instance.
Lessee shall submit plans and specifications for all such
Alterations to Lessor for Lessor's written approval prior to
Lessee's commencing work on same, Further, no trees, other than
non-native species, shall be removed or major land alterations done
without the prior written consent of the Lessor. Lessee agrees and
acknowledges that all Alterations, whether pursuant to this section
or otherwise, are performed and accomplished solely for the benefit
and convenience of Lessee, and not for the benefit of Lessor, such
Alterations being nevertheless subject to each an~everY provision
of this Lease. All work done by Lessee in con ction with any
Alterations, repairs and maintenance on the Premi es shall be done
in a good and workmanlike manner and shall be diligently prosecuted
to completion strictly in accordance with the plans and
specifications therefor.
(c) , Mechanics' Liens. Lessee shall also obtain a public d~10~
bond in accordance with Florida Statutes 255.05
covering all terations to the Premises the cost of which exceeds
Twenty-Five Tho and ($25,000) Dollars. In the event that a ~ ~ (IlO f/()(I
mechanics' claim f lien is filed against the Premises in 10
connection with any rk performed by or on behalf of the Lessee, f~
the Lessee shall satis such claim, or shall transfer same to
security, within thirty ( days from the date of notice. In the
event that the Lessee fail to satisfy or transfer such claim
within said thirty (30) day riod, the Lessor may do so and
thereafter charge the Lessee, s Additional Rent, all costs
incurred by the Lessor in connec on with the satisfaction or
transfer of such claim, including att neys' fees. Further, to the
extent permitted by law, the Lessee agre to indemnify, defend and
save the Lessor harmless from and agains any damage, loss, cost
and/or expense incurred by the Lessor as result of any such
mechanics' claim of lien.
ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE
section 4.01 Use of Premises.
Lessee shall use the Premises solely and exclusively for the
establishment and operation of a neighborhood park in order to
provide an area for passive public outdoor recreation. Lessee
shall not use, permit or suffer the use of the Premises for any
other purpose whatsoever without the prior written consent of
Lessor,
Section 4.02 Waste or Nuisance.
Lessee shall not commit or suffer to be committed any waste
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upon the Premises or any nuisance or other act or thing which may
result in damage or depreciation of value of the Premises or which
may affect Lessor's fee interest in the Premises. All refuse is to
be removed from the Premises at Lessee's sole cost and expense and
Lessee will keep such refuse in proper fireproof containers on the
interior of the Premises until removed. Lessee will keep the
access to the Premises, the parking areas and other contiguous
areas to the Premises free and clear of obstruction. Lessee, at
its sole cost and expense, will keep the Premises free of rodents,
vermin and other pests.
section 4.03 Hazardous Substances.
Lessee shall not use, store or dispose any of the following
"Hazardous Substances" on the Premises: (1) friable asbestos; (ii)
urea formaldehyde foam insulation; (iii) polychlorinated biphenyls;
or (i v) any other chemical, material or substance, including
petroleum products, the handling, storage, transportation, disposal
of or exposure to which is prohibited, limited or regulated by any
federal, state, county, regional or local authority. In the event
of accident or discovery of such disposal, Lessee shall immediately
report such occurrence to Lessor, indicating what is being disposed
of, and what actions Lessee is undertaking to remove said disposal.
In the event Lessor has any reason to believe that there is or
has been improperly manufactured, stored or discharged on the
Premises any Hazardous Substances, Lessor shall have the right to
require Lessee to obtain a Phase II environmental report at the
Lessee's sole cost and expense from a reputable environmental
consultant acceptable to Lessor. In the event that Lessee's report
reveals any Hazardous Substances, Lessee shall, ar its sole cost
and expense, promptly take all actions as are r,asonablY deemed
necessary by Lessor to return the Premises to' the conditions
existing prior to the introduction of any such Hazardous Substances
to the Premises.
Lessee, to the extent permitted by law, agrees to defend,
indemnify and hold harmless Lessor against any and all claims that
Lessor may be liable for, suffer, incur or pay by reason of
Lessee's failure to comply with the terms and conditions of this
Article.
section 4.04 Governmental Regulations.
Lessee shall, at Lessee's sole cost and expense, comply with
all ordinances, rules, regulations, orders and requirements of all
county, municipal, state, federal and other applicable governmental
authorities, now in force, or which may hereafter be in force,
pertaining to Lessee, its use of the Premises, or the Premises
generally.
section 4.05 Non-Discrimination.
Lessee shall assure and certify that it will comply with Title
IV of the civil Rights Act of 1964 (PL 88-352) and, in accordance
with that Act, shall not discriminate against any individual's
race, color, creed, sex, national origin, age, handicap, or martial
status with respect to any activity occurring on the Premises.
section 4.06 Surrender of Premises.
Upon termination or expiration of this Lease, Lessee, at its
sole cost and expense, shall remove Lessee's personal property and
removable fixtures and equipment from the Premises and shall
surrender the Premises to the Lessor in the same condition the
Premises were in as of the Commencement Date of this Lease,
reasonable wear and tear excepted. Upon surrender of the Premises,
title to any and all remaining Alterations shall revert to Lessor.
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ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
section 5.01 Responsibility of Lessor and Lessee.
Lessor shall not be obligated or required to make or conduct
any maintenance or repairs whatsoever to the Premises. All
portions of the Premises, including the existing restroom, play
area and small boat launch area, and all Alterations constructed on
the Premises shall be maintained and kept in good repair and
condition by Lessee at Lessee's sole cost and expense.
section 5.02 Responsibility of Lessee Regarding Alterations and
Personal property.
All Alterations and personal property of Lessee shall remain
the property of the Lessee at Lessee's sole risk for the Term of
this Lease, or any extension or renewal hereof.
ARTICLE VI
INSURANCE AND INDEMNITY
Section 6.01 Liability Insurance.
Lessee shall, during the entire Term hereof, provide Lessor
with a certificate evidencing self-insurance coverage for
comprehensive general liability in the amount of $100,000 per
person and $200,000 per incident or occurrence. In the event the
Legislature should change the Lessee's exposure by statute above or
below the sums insured against, the Lessee shall provide insurance
to the extent of that exposure.
Section 6.02 Indemnification. I
Lessee shall, to the extent permitted by law~ indemnify and
save harmless the Lessor from and against any and all claims,
suits, actions, damages and/or causes of action arising during the
Term of this Lease for any personal injury, loss of life and/or
damage to property sustained in or about the Premises by reason or
as a result of the use and occupancy of the Premises by the Lessee,
its agents, employees, licensees, invitees, and the general public
and from and against any orders, judgements, and/or decrees which
may be entered thereon, and from and against all costs, attorney
fees, expenses and liabilities incurred in and about the defense of
any such claim. In the event Lessor shall be made a party to any
litigation commenced against the Lessee or by the Lessee against
any third party, then Lessee shall protect and hold Lessor harmless
and pay all costs and attorney's fees incurred by Lessor in
connection with such litigation, and any appeals thereof, Nothing
contained herein shall be construed as a waiver of sovereign
immunity enjoyed by the parties hereto, as provided in Florida
Statutes 768.28 as amended.
ARTICLE VII
DESTRUCTION OF LESSEE'S ALTERATIONS
7.01 Damage or Destruction by Fire, War or Act of God.
In the event any of Lessee's Alterations shall be destroyed or
so damaged or injured by fire or other casualty during the Term of
this Lease or any extension thereof, the Lessee shall commence
restoration or removal thereof within one hundred twenty (120) days
and thereafter dil igently pursue the restoration or removal to
completion. Notwithstanding the foregoing, in the event of any
such casualty, Lessee shall have the right, to be exercised in its
sole discretion, to terminate this Lease. In the event Lessee
elects to terminate this Lease, Lessee shall first place the
Premises in a safe and sightlY condition in compliance with all
Building, Fire and other applicable codes and shall at the request
of the Lessor remove any improvements which are materially damaged.
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ARTICLE VIII
UTILITIES
Lessee shall be solely responsible for and promptly pay
directly to the utility company or other provider of such service
all charges and assessments for water, gas, electricity, trash
collection and removal or any other utility used or consumed on the
Premises. In no event shall Lessor be liable for an interruption
or failure in the supply of any such utilities to the Premises.
ARTICLE IX
SUBORDINATION AND ATTORNMENT
Lessee hereby subordinates its rights hereunder to the lien of
any ground or underlying leases, any mortgage or mortgages, or the
lien resulting from any other method of financing or refinancing,
now or hereafter in force against the Premises, and to all advances
made or hereafter to be made upon the security thereof. This
Article shall be self-operative and no further instrument of
subordination shall be required by any mortgagee, but Lessee agrees
upon request of Lessor, from time to time, to promptly execute and
deliver any and all documents evidencing such subordination, and
failure to do so shall constitute a default under this Lease.
ARTICLE X
ASSIGNMENT AND SUBLETTING
section 10.01 Consent Required.
Lessee may not assign, mortgage, pledge or encumber this Lease
in whole or in part, nor sublet all or any portion ot the Premises,
without prior written consent of Lessor. All ease~nts including,
but not limited to, utility easement are expre sly prohibited
without the prior written approval of Lessor. Any easement,
assignment or sublease not approved in writing by Lessor shall be
void and without legal effect.
ARTICLE XI
DEFAULT OF LESSEE
section 11.01 Events of Default.
The occurrence of anyone or more of the following shall constitute
an Event of Default by Lessee under this Lease: (i) Lessee shall
fail to perform or observe any of the agreements, covenants or
conditions contained in the Lease on Lessee's part to be performed
or observed and such failure shall continue for more than thirty
(30) days after notice from Lessor; (ii) Lessee shall vacate or
abandon the Premises; or ( Hi) Lessee's leasehold estate shall be
taken by execution, attachment or process of law. If any Event of
Default occurs, then, at any time thereafter while the Event of
Default continues, Lessor shall have the right to give Lessee
notice that Lessor intends to terminate this Lease upon a specified
date not less than three (3) days after the date notice is received
by Lessee, and this Lease shall then expire on the date specified
as if that date had been originally fixed as the expiration date of
the Term of this Lease. If, however, the default is cured within
the three (3) day period and the Lessor is so notified, this Lease
will continue.
Section 11.02 waiver, Accord and Satisfaction.
The waiver 'by Lessor of any default of any term, condition or
covenant herein contained shall not be a waiver of such term,
condition or covenant, or any subsequent default of the same or any
other term, condition or covenant herein contained. The consent or
approval by Lessor to or of any act by Lessee requiring Lessor's
consent or approval shall not be deemed to waive or render
unnecessary Lessor's consent t;0 or approval of any subsequent
similar act by Lessee,
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section 11.03 Legal Expenses.
In the event that it shall become necessary for either to
employ the services of an attorney to enforce any of its rights
under this Lease or to collect any sums due to it under this Lease
or to remedy the breach of any covenant of this Lease on the part
of either party to be kept or performed, regardless of whether suit
be brought, the prevailing party shall be entitled to collect form
the other party such reasonable fee as shall be charged by the
prevailing party's attorney for such services, including all
expenses of any suit and any appeal thereof.
ARTICLE XII
ACCESS BY LESSOR
section 12.01 Right of Entry.
Lessor and Lessor's agents shall have the right to enter upon
Premises at all reasonable times to examine the same, and to make
any repairs whiCh may be required or permitted hereunder, In the
event Lessor wishes to make such repairs, Lessor shall provide
Lessee with thirty (30) days prior written notice of its intent to
do so. In addition, Lessor and Lessor's agent shall have the right
to enter upon the Premises at all reasonable times in order to gain
access to Lessor's property which is contiguous or adjacent to the
Premises. Nothing herein contained, however, shall be deemed or
construed to impose upon Lessor any obligation, responsibility or
liability whatsoever, for the care, maintenance, or repair of the
Premises.
ARTICLE XIII
QUIET ENJOYMENT I
I
section 13.01 Lessor's Covenant. I
Upon payment by the Lessee of the Rent and other charges
herein provided, and upon the observance and performance of all the
covenants, terms and conditions on Lessee's part to be observed and
performed, Lessee shall peaceably and quietly hold and enjoy the
Premises for the Term hereby demised without hinderance or
interruption by Lessor or any other person or persons lawfully or
equi tably claiming by, through or under the Lessor, subj ect,
nevertheless, to the terms and conditions of this Lease,
ARTICLE XIV
MISCELLANEOUS
section 14.01 Entire Agreement.
This Lease and any EXhibits attached hereto and forming a part
thereof as if fully set forth herein, constitute all agreements,
conditions and understandings between Lessor and Lessee concerning
the Premises. All representations, either oral or written, shall
be deemed to be merged into this Lease. Except as herein otherwise
provided, no SUbsequent alteration, waiver, change or addition to
this Lease shall be binding upon Lessor or Lessee unless reduced to
writing and signed by them,
Section 14.02 Notices.
Any consents, approvals and permissions by the Lessor shall be
effective and valid only if in writing and any notice by either
party to the other shall be in writing and mailed prepaid by
certified mail return receipt requested, addressed:
(a) If to the Lessor at:
Property and Real Estate Management Division
50 South Military Trail, suite 211
West Palm Beach, FL 33415
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with a copy to:
Palm Beach County
Attn: County Attorney
301 North Olive Avenue
West Palm Beach, FL 33401
and
Palm Beach County
Department of Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
(b) If to the Lessee at:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
or at such address as the Lessor or the Lessee, respectively, may
designate in writing. All notices given hereunder shall be
effective and deemed to have been duly given only upon receipt by
the party to which notice is being given, said receipt being deemed
to have occurred upon such date as the postal authorities shall
show the notice to have been delivered, refused, or undeliverable,
as evidenced by the return receipt.
section 14.03 Brokers commission.
The parties hereto represent and warrant to ~he other that
there are no claims for brokerage commissions or inders fees in
connection with the execution of this Lease, and agree to
indemnify, defend and save the other harmless from all liabilities
arising from any such claim including, without limitation, the cost
of counsel fees in connection therewith.
section 14.04 Severability.
If any term ,of this Lease, or the application thereof to any
person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Lease, or the application of
such term to persons or circumstances other than those as to which
it is invalid or unenforceable shall not be affected thereby, and,
each term of this Lease, shall be valid and enforceable to the
fullest extent permitted by law.
section 14.05 Captions.
The captions in this Lease are included for convenience only
and shall not be taken into consideration in any construction or
interpretations of this Lease or any of its provisions,
section 14.06 Recording.
Lessee shall not record this Lease, or any memorandum or short
form thereof, without the written consent and joinder of Lessor.
section 14.07 Liability of Lessor.
Lessee shall look solely to the estate and property of the
Lessor in the Premises for the collection of any judgment, or in
connection with any other judicial process, requiring the payment
of money by Lessor in the event of any default by Lessor with
respect to any of the terms, covenants and conditions of this Lease
to be observed and performed by Lessor, and no other property or
estates of Lessor shall be subject to levy, execution or other
enforcement procedures for the satisfaction of Lessee's remedies
and rights under this Lease.
Section 14.08 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with
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proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Lease.
section 14.09 Governing Law.
This Lease shall be governed by and interpreted according to
the laws of the State of Florida and venue shall be in Palm Beach
County.
section 14.10 Time of Essence.
Time is of the essence with respect to the performance of
every provision of this Lease in which time of performance is a
factor.
section 14.11 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of
the heirs, successors, legal representatives and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Lease as of the day and year first above written.
PALM BEACH COUNTY, FLORIDA, A
ATTEST: POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
Dorothy H. Wilken, Clerk
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM /
AND LEGAL SUFFICIENCY
County Attorney
ATTEST: CITY OF DELRAY BEACH
By: By:
City Clerk Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
City Attorney
h: \nmr\agreenrlt\del ray2. I se
02/02/93
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EXHIBIT "A"
THE PREMISES
Leqal Descriotion:
The Premises consists of the following described land lying
and being in Palm Beach County, Florida, to-wit:
All of the West one-quarter (W 1/4) of the North
one-half (N 1/2) of Lot One (1) of Section 8,
Township 46 South, Range 43 East, according to
plat of sUbdivision of said section 8 on file in
Plat Book 1, page 4, Palm Beach County, Florida,
PUblic Records.
(peN: 12-43-46-08-21~OOO-OO10)
OS 8
IDA ., it;'
,i
l- I:: 10
.
(23' 192)
"Premises" N
S
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MEMORANDUM
r:r'O: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Lake Ida Parcels Off N.W. 9th Street and N.W. 11th Street
DATE: September,27, 1991
As you know, I met with Palm Beach County Parks and Recreation
Director, Dennis Eshleman, and his Assistant, Bill Wilshire, on
September 18, 1991 concerning the possible acquisition of certain
parcels of Lake Ida Park. The county has indicated they would like
to deed the parcel off N.W. 11th Street to the City that contains
restrooms, playground equipment and a makeshift boat ramp. They
'indicated prior to deeding this parcel they may make some
improvements such as new playground equipment, restroom repairs, etc.
I asked that inasmuch as the parcel off of N.W. 9th Street runs
through the same subdivision, it would make sense to deed both these
areas to the City for operation and maintenance with the County
operating the larger parcel of land off of Lake Ida. The parcel off
of N.W. 9th Street is larger than the parcel off N.W. 11th Street and
contains the playhouse, a building housing the Jaycees and a picnic
pavilion, playground equipment, and parking. Mr. Eshleman indicated
he would consider leasing this area to the City under a long term
lease. I have asked David Tolces to review the attached agreement
with the Delray Beach Playhouse and the Jaycees to advise what impact
they may have on the City.
We have done some very rough estimates on the long term maintenance
costs of these two areas and estimate a cost of about $15,000 per
year to maintain these parcels (see attached). If these areas were
acquired, we would want to make future improvements to include
irrigation, parking, formalizing the boat ramp, etc. Mr. Eshleman
indicated that since the County is proceeding with plans to improve
the rest of Lake Ida, as part of this transfer they would want the
City to give up its right to the lease of the area for the Tennis
Center so they may proceed with their planning.
Please review and advise how you wish to proceed.
-\
~ ~ \ ()
, A j -e-->' ( j,,~ /',
Joe eldon
Di~~tor of Parks and Recreation
I JW : jlnh
I
REF:LKIDAPAR.DOC
Attachment
cc: David TOlces, Assistant City Attorney
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Lake Ida Park 9th St. Maintenance Cost Estimates
ITEM STANDARD QUANT. TOTAL HRS. FREQUENC' TOTAL MANIHRS TOTAL
APPLIED: VOLUME PER ITEM ANNUAL MAN-HA LAB. COSTS LAB.Cm
1. Mowing 21 3.5 1.225 52 63.7 $12.20 $777
(72'rotary) min/acre acre
2. Trimming 60 2500 2.5 52 130 $7.71 $1,002
(gas weedeater) min 10001/f Lt.
3. Clean-up 30 5000 2.5 52 130 $7.64 $993
(rake/sweep, etc min 10ool/f 1.1.
2 - man crew 1@$9.35
4. Trash/Utter 2 30 1 20a 416 $8.49 $3,532
min/barrel barrels = 2 m/hrs 4 times/Wk 1@$7.64
2-man crew 2@$7.64
5. Restrooms 45 1 0.75 208 312 $7.64 $2,384
min/bldQ bld!JS = 1.5 m/hrs 4times/Wk
2-man crew 1@$8.44
6. Tree Trimmin~ 36 50 30 1 60 $8.oa $465
w/aeriallift truck min/9"tree mise tree = 60 m/hrs 1@$7.71
7. Sweep Road/ 6 9000 0.9 12 10.6 $9.35 $101
Parking lots min/1000 SC sq. yards once/month
Yd.
Total Labor Costs: $9,274
Lake Ida Park 11 th St. Maintenance Cost Estimates
ITEM STANDARD QUANT. TOTAL HRS. FREQUENC' TOTAL MAN/HRS TOTAL
APPLIED: VOLUME PER ITEM ANNUAL MAN-HA LAB. COSTS LAB.Cm
1. Mowing 21 1.2 0.42 52 21.64 $12.20 $266
(72"rotary) min/acre acre
2. Trimming 60 1750 1.75 52 91 $7.71 $702
(gas weed eater) min 10001/f Lt.
3. Clean-up 30 3750 1.675 52 97.5 $7.64 $745
. (rake/sweep, etc min 10001/f Lt.
2-man crew 1@$9.35
4. Trash/Litter 2 10 0.3333333 206 136.666 $6.49 $1,177
min/barrel barrels = .66 m/hrs 4 times/Wk 1@$7 .64
2-man crew 2@$7.64
5. Restrooms 45 1 0.75 208 312 $7.64 $2,384
min/blda bldas = 1.5 m/hrs 4times/Wk
2-man crew 1@$8.44
6. Tree Trimmin~ 36 25 15 1 30 $6.06 $242
w/aeriallift truck min/9''tree misc tree = 30 m/hrs 1@$7.71
7. Sweep Road/ 0 0 0 0 0 $9.35 $0
Parking lots min/1000 sc sq. yards once/month
yd.
Total Labor Costs: $5,516
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~b t2pJcla, [)
[ITY DF DELHAY BEA[H .
100 NW 1 /:". 'J l-.:~ r'J I J t. . D~: L hi\. '.- r....E j\\,H : : ; ,'., ~L:;44:~ . ,VJI;"U.700Q
MEMORANDUM
REe
ElliE 0
TO: David Harden J~N 1 1 "'3
City Manager
CITy M~N",,~o'(;
FROM: Joe Weldon
Director of Parks and Recreation " . f'ltt/Cl
SUBJECT: Lease Agreement - Lake Ida Park
DATE: January 11, 1993
I have reviewed the lease agreement with Palm Beach County for the 2.63
acre park off N.W. 11th Avenue and have the following comments:
1- The Real Estate Division of Palm Beach County will not agree to deed
the park to the City with a reverter clause, only a long term lease
(Article 1, Section 1. 02) .
2. The lease specifies a term of 25 years. I recommend that we have an
option to renew for an additional length of time, up to 25 years, with
the mutual consent of both parties if they agree 90 days prior to the
termination of the lease.
3. The lease, as written, would require consent by the County for any
improvement over $10,000 (Article 3, Section B). As you know, the park
needs upgrading and I propose instead that we submit a list of
anticipated improvements we may decide to do over the years, and as
long as we stay wi thin the list, they would not require prior County
approval. Mr. Kahlenberg of the Real Estate Division seemed agreeable
to this.
4. Presently there is no irrigation in the park. To provide irrigation
I would like a clause that allows us to draw irrigation water from the
Lake if we choose to do so. This may save us the cost of drilling a
well.
5 . Risk Management should review and advise as to Section 6.01
concerning insurance and liability.
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2
6 . I am really not sure what constitutes a default on our part of the
lease (Article 11, Section 11.01) under Section indicated by (iii) . I
would prefer language that would require the County to give us written
notice that we are in default and the section of the lease of which we
are in default. The City would then have 30 days to take the necessary
steps to begin compliance.
7 . I do not agree with Section 12.01 (Right of Entry) that allows the
County to enter the park to "make repairs, alterations, improvements
and additions the County deems necessary or desirable." Otherwise, the
County could make improvements or additions we may not want or agree
with and would be responsible to maintain. I would agree with language
that allows the County to enter the park to make repairs after they
have given us written notice and we have not begun the necessary
repairs after 30 days as specified in #6 of this memorandum.
8. It should be understood that we may have different park rules and
regulations than the County with regard to opening and closing times,
pets, alcohol, etc. , and that the City will determine the regulations
for this park.
9. Section 11. 03, Legal Expense, requires us to pay the County's
attorneys' bills to enforce their rights under this lease. I am not so
sure I would agree to this. At the very least, there should be
language to require any claims by the County not to be "arbitrary or
capricious. II
10. The City's attorney's office should review this lease, especially
the items previously mentioned and the indemnification clause.
.We have met with representatives of Lake Ida Homeowners' Association
who are interested in the park with regard to traffic, jetskis, etc.
They are going to have a committee work with us and make
recommendations as to park rules and regulations.
Parks and Recreation
cc: Risk Management
City Attorney
JW:cp
Ref:idalease
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L 'J-e '-\-c
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Board of County Commissioners County Administrator
Karen T. Marcus, Chair Robert Weisman
Carole Phillips, Vice Chair
Carol A. Roberts Facilities Planning, Design &:
Carol]. Elmquist
Mary McCarty Construction Department
Ken L. Foster
Maude Ford Lee
December 28, 1992 EIVED
DEe 3 0 1"2
David Hardin, city Manager CITY MANAGfCrS OFFICE
city of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Lease Agreement with the city of Delray Beach (Lessee)
for the use of a ~2.63 acre parcel of Lake Ida Park
located at 1100 Lake Drive, Delray
Dear Mr. Hardin:
Further to Mr. Dennis Eshlemen's letter to you dated October 8,
1992, the above-referenced Agreement is enclosed for your
consideration.
If the Agreement is acceptable please execute and return the three
(3) original copies provided herein. Upon receipt, I will schedule
this item for consideration/approval by the Board of County
Commissioners.
Please do not hesitate to contact me (407-233-0166) if you require
any additional information.
Sincerely,
AK/mmr
encl
c: Ross C. Hering, Director, PREM
Ellie Halperin, Assistant County Attorney
Dennis Eshleman, Director, Parks & Recreation
Joe Weldon, City of Delray Beach
PREM File: Lake Ida Park Lease Project File
hardin.lse
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper Four Points Centre 50 S. Military Trail, Suite 211 WPB, FL 33415 (407) 233-0200 FAX (407) 233-0210
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[IT' DF DElRA' BEA[H .
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100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: City Attorney
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FROM: David T. Harden, City Manager !it I
SUBJECT: LEASE AGREEMENT WITH PALM BEACH COUNTY
FOR PORTION OF LAKE IDA PARK
DATE: January 6, 1992
Please review the attached copy of the proposed lease agreement. I
would like to have your comments in time to include this on the City
Commission's agenda for January 26th.
DTH:nr
Att
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[IT' DF DELIA' BEA[H
100 N.w. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
DATE: March 2, 1993
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING -
MARCH 2, 1993 - OFFER TO PURCHASE NORTH
5.5' CASON COTTAGE LOT
ACTION:
City Commission is requested to consider an offer to
purchase the north, 5.5' feet of the Cason Cottage lot from
Randi S. Tompkins, (Michael Weiner and Associates), on
behalf of a client in the amount of $1,000.
BACKGROUND:
Commission previously was requested to sell the north 5.5'
feet of the Cason Cottage lot in order to resolve a driveway
encroachment for the property at 119 N. Swinton Avenue. The
sale never materialized. The value for this 5.5' section
(131 ' deep) at that time was set at $3.00 a square foot,
total value $2,161.50. Commission is requested to consider
the $1,000 offer. If the sale is acceptable to Commission
and a price can be agreed upon, the sale will be duly
advertised per code, and a public hearing would be held at
the March 23rd regular meeting. Staff recommends that the
sale price be no less than $2,000. The value set in April,
1992, was based on comparable sales in the area.
RECOMMENDATION:
Consider this request and provide staff direction.
RAB:sk
attachments
cc: Randi Tompkins (Michael Weiner's office)
THE EFFORT ALWAYS MATTERS '\F
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MICHAEL S. WEINER & ASSOCIATES, P.A. AS FEB 1 7 1993
A TTORNEYS A T LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
February 17, 1993
HAND DELIVERY
Mr. David Harden
City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Sale of North 5.5 feet of the Cason Cottage Lot
Our File No.: MSWA(050)085
Dear David:
On behalf of the property owner at 119 North Swinton Avenue,
Michael S. Weiner, Trustee, I am hereby extending an offer to
purchase the North 5.5 feet of the Cason Cottage lot for a total
purchase price of One Thousand and 00/100 Dollars ($1,000.00) .
The owner would like to purchase the property so that the lot could
become a standard fifty foot (50') width and so that we may expand
the existing garage on 119 North Swinton without violating any set
back requirements.
Thank you very much for your assistance in this matter. Should you
have any questions feel free to contact me.
v~~ truly you~s, ;
,51(ldsJ zi;;l}rAA'L~
~ / q '\
~andi S. Tompkin
RST/jl
cc: Michael S. Weiner
Mr. Robert A. Barcinski, Assistant City Manager
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[ITY DF DELHAY BEA[H
100 N,W. 1s1 AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
August 20, 1992
Ms. Kathi Sumrall
McFee, Ledbetter & Sumrall, Inc.
98 N.E. 5th Avenue
Delray Beach, Florida 33483
Re: Sale of Property
Dear Kathi:
City Commission has approved for sale up to 5.5' of the north
side of the Cason Cottage property to the property owner of the
parcel at 119 North Swinton Avenue. Commission has directed
staff to negotiate the sale.
Once we have a firm commitment from the property owner, we will
proceed with the required legal advertisements and obtain final
Commission approval.
The asking price for this property is $3.00 a square foot. The
lot is 131' deep. The asking price for 5.5' is $2,161.50 and
$1,758.50 for 4.5' . Please review the asking price with your
client and submit to me in writing your acceptance or a counter
offer.
I look forward to hearing from you.
Sincerely, _ ~
-;:?~/l4. ~
ROBERT A. BARCINSKI
Assistant City Manager
Administrative Services
RAB:kwg
cc: Jeffrey Kurtz
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THE EFFORT ALWAYS MATTERS
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Agenda Item No. :
AGENDA REQUEST
Date: Jj;, /9 3
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: lY)o..AcJ, ID I /1(95
Description of agenda item (who, what, where, how much):
;::::':>1>:-1~~::{'~~~ ff;S'd;1~~no~~(A-
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
,
Department Head Signature: ??~~~
Determination of Consistency with Comprehensive Plan: ;tV! ,tJ-
City Attorney Review/ Recommendation (if applieable): dill
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:
@ ;t'~
Approved for agenda: YE . / NO ,!:?l
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERj'fl
SUBJECT: AGENDA ITEM i q& - MEETING OF MARCH 10. 1993
RESOLUTION NO. 17-93
DATE: March 5, 1993
This is a resolution establishing the Affordable Housing Committee as
required by the State Housing Initiatives Partnership (SHIP) . The
committee shall consist of nine members and shall be charged with
reviewing established policies and procedures, ordinances, land
development regulations and the Comprehensive Plan. Within nine
months of the adoption of this resolution, the Affordable Housing
Advisory Committee shall make specific recommendations to encourage or
facilitate affordable housing while protecting the ability of the
property to appreciate in value.
Recommend approval of Resolution No. 17-93.
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RESOLUTION NO. 17-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE
AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR
TERMS; PROVIDING FOR SCOPE OF RESPONSIBILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the State of Florida, under specific authority
established by State Statute, has established the Housing Initiative
Partnership (SHIP) Program, which requires the City to establish by
ordinance an Affordable Housing Advisory Committee; and,
WHEREAS, the Affordable Housing Advisory Committee is hereby
established pursuant to Ordinance No. 2-93, passed and adopted on second
and final reading by the City Commission on February 23, 1993; and,
WHEREAS, the City has defined by policy contained within its
Housing Element of the Comprehensive plan that the term "affordable
housing" shall mean the development or redevelopment of new land within
the City to provide for housing which meets a wide range of economic I
abilities, and providing for the housing needs of current and future i
residents of the City. The development and redevelopment of new land
shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic
profile.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE j
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CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
Section l. That the members of the Affordable Housing
Advisory Committee are hereby appointed by the City Commission. The
committee shall consist of nine ( 9) members and shall have the following
membership:
(1) Mr. Tokunbo Abiose, a citizen who is actively
engaged in the residential building industry, for
a term of two years;
(2 ) Ms. Wanda Gadson, a citizen who is actively
engaged in the banking or mortgage industry, for a
term of one year;
( 3) A citizen who is representative of those areas of
labor engaged in home building, for a term of two
years (appointed via Resolution No. 29-93 on March
23, 1993) ; I
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(4 ) Mr. Samuel D. McGhee, a citizen who is designated
as an advocate for low income persons, for a term
of two years;
( 5) Mr. Fred L. Griffin, a citizen who is a provider
of affordable housing, for a term of two years;
!
. ( 6) Ms. Judith A. Colvard, citizen who is a real !
a
estate professional, for a term of one year;
(7 ) Ms. Elizabeth A. Debs, a citizen appointed at
large, for a term of two years;
( 8 ) Mr. Arthur L. Fleming, a citizen appointed at
large, for a term of one year;
(9) Ms. Anne M. Gannon, a citizen appointed at large,
for a term of one year.
Section 2. That the terms shall commence on April 1, 1993,
and shall end on March 31st of each year in accordance with the length
of term. Their successors shall be appointed to two (2 ) year terms. It
is further provided that no member may serve more than two successive
terms on the committee.
Section 3. That the Affordable Housing Advisory . Committee
shall be responsible for the development of the Housing Incentive Plan
pursuant to guidelines specified under Chapter 91-37 of the Florida
Administrative Code, applicable sections of Florida Statutes, and
Section VII (D) of Ordinance No. 2-93 of the City of Delray Beach,
Florida.
Section 4. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 10th day of
March, 1993. ~~
ATTEST:
Q I, ~l5n 'f!ll~ /li<<'r 1/;-;4-
City Cl rk I
- 2 - Res. No. 17-93
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: COMMISSION APPROVAL OF RESOLUTION 117-93
DATE: MARCH 3, 1993
ITEM BEFORE THE COMMISSION:
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Commission approval is requested for Resolution #17-93
appointing the members of the Affordable Housing Advisory
Committee in accordance with the State Housing Initiative
Partnership (SHIP) ordinance.
BACKGROUND:
Pursuant to Commission's approval of Ordinance #2-93 on February
23, 1993, staff has advertised and received applications for the
establishment of the Affordable Housing Advisory Committee.
In accordance wlth Commission direction, attached is Resolution
*17-93 establishing this 9-member committee. The committee shall
be responsible for the development of the Housing Incentive Plan
pursuant to Ordinance 2-93.
RECOMMENDATION:
Staff recommends that the Commission approve Resolution #17-93
and appoint the 9-member c~mmittee as follows:
Five Members for Two Years:
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(1) a citizen engaged in residential building
(2) a citizen representative of labor areas engaged in home
building
(3) a citizen who is designed as an advocate for low-income
persons
(4) a citizen who is a provider of affordable housing
(5 ) one citizen at large
Four Members for One Year:
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( 1) a ci tizen actively engaged in the banking or mortgage
industry
(2 ) a citizen who is a real estate professional
(3 ) two citizens at large
LB:DQ
Attachment ShipRes.Mem
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Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 RICHARD G. OVERMAN
(407) 243-7888 Fax (407) 243-7816 Chlel 01 POlice
r...
MEMORANDUM I, EC:. '.
tl\l~
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M4,Q 1 199
CITY r, ~
TO: Mayor Thomas Lynch .''I1AN4r:r:-f)'
City Commissioners '\ OF Flet
City Manager David Harden
FROM: Commissioner Jay Alperin
DATE: February 26, 1993
SUBJECT: CONSENSUS APPROVAL FOR A WORKING COMMITTEE
As an offshoot from the final report of the Drug Task Force, a
meeting took place on February 26, 1993 to discuss the report and
possible responses to recommendations made. Present at the
meeting were Commissioner Alperin, Chief Overman, Alton Taylor of
the Drug Abuse Foundation, Charles Ridley of MAD DADS and Major
Lincoln. The discussion focused on the need for a specific plan
with stated goals, the identification of resources available (and
needed) , and the identification of individuals with expertise and
skills to coordinate and direct efforts.
The following people are recommended by those attending the
February 26th meeting to be the Working Committee:
Commissioner Jay Alperin
Executive Director Alton Taylor
Mr. S. Bruce McDonald
Mrs. Mary Montgomery
Father Thomas Shephard
Charles Ridley
Director Lula Butler
Major Rick Lincoln
RML/ppt
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COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERll1. 1
SUBJECT: AGENDA ITEM i ~J: - MEETING OF MARCH 10~ 1993
REOUEST FROM COMMUNITY REDEVELOPMENT AGENCY / Rf&:Jt..unol7 :tt a/- 93
DATE: March 5, 1993
This item is before you to consider a request from the Community
Redevelopment Agency for authorization to acquire properties located
in Block 85.
The CRA will act on this matter at their meeting on March 9th. A
report of that meeting, with regard to this item, will be presented at
Tuesday evening's meeting.
Recommend authorization to acquire properties located in Block 85 be
granted to the Community Redevelopment Agency.
'f-' I'
CITY OF DEL RAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 10, 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
ITEM 9.I. ON THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
RESOLUTION NO. 21-93: Consider approval of Resolution No.
21-93 authorizing the acquisition of certain real property
by the De1ray Beach Community Redevelopment Agency by gift,
purchase or eminent domain.
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Ii RESOLUTION NO. 21-93
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ii A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
!i BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN
Ii REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY
Ii BEAeH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR
Ii EMINENT DOMAIN; PROVIDING AN EFFEeTIVE DATE, AND FOR
il OTHER PURPOSES.
II WHEREAS, by Ordinance No. 46-85 adopted by the City of De1ray
! Beach, the City Commission of the City of Delray Beach, Florida, created
:; the Delray Beach Community Redevelopment Agency; and
'I
I[ WHEREAS, pursuant to Section 163.370 (1) (e) (2) , Florida
III Statutes, the Delray Beach eommunity Redevelopment Agency possesses the
I power to acquire by gift, purchase or eminent domain any real property
II within the community redevelopment area; and
:1
:1 WHEREAS, the City Commission of the City of Delray Beach,
II Florida, has been requested by Resolution No. 5-93, adopted by the
il Delray Beach eommunity Redevelopment Agency, to authorize the
i acquisition in fee simple by gift, purchase or eminent domain, of
i certain property described therein; and
i,
'; WHEREAS, Section 163.370/1) (e) (2), Florida Statutes, further
Ii provides that a community redevelopment agency may not exercise any
I! power of eminent domain unless the exercise has been specifically
it approved by the governing body of the municipality which established the
ii agency; and
!i
;: WHEREAS, the City Commission of the City of Delray Beach,
il Florida, desires to approve or authorize the acquisition of the property
i' hereinafter described by the Delray Beach Community Redevelopment Agency
Ii by gift, purchase or eminent domain.
"
:1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY eOMMISSION OF THE
i, CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
ii
" Section 1. The Delray Beach Community Redevelopment Agency is
, hereby authorized to acquire fee simple title by gift, purchase or
:I eminent domain that certain property more specifically legally described
, as follows:
:;
ii Parcel A Town of Delray
li Lot 1 Less South 79.3 feet, Block 85
Ii OR Book 2650, Page 699
II Parcel B Town of Delray
:i Lot 2, Block 85
,I OR Book 6866, Page 67
ii
,j Parcel C Town of Delray
I! Lot 3, Block 85
'! OR Book 6866, Page 67
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il Parcel D Town of Delray
'i South 79.3 feet of Lot 1, Block 85
Parcel E Resub. of Block 85, Delray
Lots 1 to 9, inclusive, Block 85
OR Book 6865, Page 67
Parcel F Resub of Block 85, Delray
Lots 10 to 14, inclusive, Block 85
OR Book 3195, Page 264
Parcel G Resub of Block 85, Delray
Lots 15 to 17, inclusive, and Lot 18 Less South 10
feet RD RIW, Block 85
OR Book 3289, Page 1473
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I Section 2. That this Resolution shall take effect immediately
I upon passage.
I
I PASSED AND ADOPTED in regular session on this the 10th day of
i
I March, 1993.
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I QeJ~~j1'*er/lf47fy
~ty le
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II - 2 - Res. No. 21-93
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Property Acquisition Map
) Downtown Cinema & Mixed Use -.
J ! I I I
. L.._. ..-.J L.____-1
EIISt AlIimtic Avenue .....- Uft .
_...c:a.
"'" .
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. . __ f ...._ ~
I r ..... · '. 1I.16"P :
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~-=-- =-=~ I
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SE 1st Street
"I I I ,--'-'--' I r-
I I ' I I I
II .\ I
I I
~ PrOposed Acquisitions eD
North
)
6.20
'f I "
CD Community
Redevelopment
-a Agency
Delray Beach
CRA SPECIAL MEETING
MARCH 9, 1993, 7:00 PM
1ST FLOOR CONFERENCE ROOM, DELRAY BEACH CITY HALL
100 NW First Ave, Delray Beach
1. Call to Order
2. Approval of Agenda
BUSINESS:
3. Request for City Commission to grant authorization for the acquisition
of the properties described in the CRA Plan and legally described as all
properties located on Block 85
.
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
Of I n
From : ROBERT W. FEDERSPIEL. p, A, PHONE No. : 407 276 5489 Mar.,j'3 ~'3~3 3:..OP'" =(1':'
,..-~- ~(Q)(P)W
1"[":'" 'r"llW~ rr,~~~r:W\ro-~
RlSOLUTION 110. i:ll....
lU!lDOLUTION OF THIl 80M\tl 01' C:OMHISSIONEIU: OF THE OELRAlI' IIIt,.ew
~OMHUNITY lU!lDBV1ILOrK8N'1' ^CIlNCV JUl:QUIIlS'I'INC 'l'IU: CI'l'Y COMMISS ION OF THill
CITY OF DBLnAY BBACK '1'0 ^U'1'HOIUUi 'l'IUli ACQUISITION IN FEE SIMPLE
TITLB BY GIFT, rUROHA"1l OR IIKINIlN'I' DOMl'IIN Olf CERTAIN PROPERTlI'
HIlREIN^FTIlR 01l8CRI8&D, FIND1NC THAT ShID PROPERTlI' IS NECESSARY FOR
THE rUBLIC rUIU'08B 01' 1Ui0BVBLOPKBNT OF THK IiIUSlNII:SS DI>:TRICT IN
"CC:OMlAHClI W%'1'I1 '1'1111 CQMHU!lI'l'Y 1Ul:0IIVlllLOl"Ml!:NT l"LhN; "NO FOIl OTHER
PURPOSIIiI.
WIUCRJl:AI . ~he oelray a.ach Comm~nLty Redovelopmon~ Agonoy hag ~uly adopted
a eomm~nLty P..d.v.lopm.n~ Plan for ~h. ar.. within ita jurj,llIdiotionl and
WIlItRJI:A8. a. part of 1te CommunLty R.d.velopmen~ Plan, (the IlPlan"), the
Co~unity R.d.v.lopment A9.noy ha4 ..tabli.hed goal. and obi.etiv.. with ~..p.et
to the r.vitalLzation of the downtown bu.1n... dL.triet and the eneouragement of
n.w oOMmercLal actLvi~ie. within the co~unity redevelopment aroa, and
WHEIUIIAS, on. of the pl:'oj.ot. eet forth in the Pl.." i. I.be 00\0/11\:0\0/11 Cil1..ma/
Mixed U.. ".d....elopm.t\~ Project, .uc:h Pl:oJ.~'1. .... ....I. .cvl:t.;.h ill th. Pla.u,
enccmp4cDing the propel:'eL.. lyin9 wlthin Dlock O~, 'rOWN OF DELftA't, o..;;c::~.dln'il \..l;.I
..lat lIool< 1, l'..ge ~ a. "'01:. partieularly de.c1.'ib.d h..edllaCl.eL' ill I.bi..
n.."olution/ and
WWaRall.l' , a eomponent or tl>e aboye d.eeribed proje"" i. th... "C'luJ 8il.1<." oC
lend.. n..u.."'....ry tQ faoilU:ae. .aid projeCt, and
WHItRIUUI , ~hQ COftWftun..ltoy [\.d.Y.lopt\\."~. 1\9e:r.c;y ho.s d.\.."'~'\lill.d \.\ut\" i\. i.s ion
tho public'. int.r.et to proo..od \o/J.1.h t...hw lJ,<.::quillie1.on of ~h.. p,'ope."t iee
hereinaf\;OL' d"..orib..c1 by gl"., purCha.., 01: .mu.lI~fJt cJomc;11.n and pureuant to
Oac~Lon iG3.370 and ..c~Lon 163.)75 ,lorida 6tat~t." .t is appropriate to requ..t
tho Oity of D.lray a.ach to "~thorl~. th.. o.lray saaeh Comm~nity Redevelopment
"geanoy to Glx.l:'cL.. the pow.r of .minenl. dUI..J.n to thlll oxtont H; detltrminelil ill
n..e....ary for \;hv ."id acqul.ieLon of the propertl." d....~ribed bllllow.
NOW, ~HaRBPOkM, S8 I~ nmaoLvmo by the Soard uf CommiSDionQr8 Of the oelray
"....."11 Oommunity Re.s.velopllGnt ^9Quuy tl>at.
.I.at iOll Ol1al Th. ciey commi..ion of lob.. City of Del ray !:Ieacn i.
ner.by r.QU.e~.a to authol:'i.. the acquteitiun ot tho fOllowing parcels of real
property lGl9ally d..wel:'ibed .. folluWYI
Parcol A T':'wlI uf Dylray
Lot 1 Leco South 7~"J t..t. Hl",<<k 85
OR 90ol~ :l'SO, l""<)e G'il'il
Parcel B Town of I)"'lr..y
Lot :I, alook 85
on Book 6GGG, Pa~.. 67
Par".l C 'l'uwn ot 1).1.'ar
%oot 3, alocl< 85
OR Book 686e, l"agll!l 67
'"ro.l D 'rown of DGllray
A~utn 7~"3 f..~ .:.t ~~t 1, Dioc)c 0::'
Parc.l I R..ub. o! BlocX 85, Delray
Lot. 1 to 9 1no Block O~
on Doolt G8U, 1'''9_ 67
o. ' "
From : ROBERT W. FEDERSP I EL . P. A. PHONE No. : 407 276 5489 Mar. 0'3 1993 3:..l:PM ;=06
,.;.r~
-,'
/
/'
pareel r Re.ub of Slock as, Delrey
Lots 10 to 14 jn~ Rloek 85
OR Book 3195, Pa,.. 264
paroel Ii Re.ub of Block as, D~ll'ay
~ot. 15 to 11 in~ and ~ot 19 ~4"""
South In t.e~ RD R/w Block 95
OR Rook l?F.lCl, P,,<]. '471
by qift, p~~chasef 0# eminent doma~ft a. de.crib.d in Section. 163.370 and 163.375
rloritJa ...."... &ncl ehapt.ll. '73 ..Illl 74 ,lorJ.da Statut... Th. O.lray B.acoh
community R.d.v.lo~nt Agency .hall .c~ira tea .imple title to ..aid prop.rti...
fo1lowin9 the d.le9..tion ot th.. above d..crib.d power of .minent domain by gift,
purcha.e. or eminent domain.
s_t: ioO 'l'wo I ~ha aO"lld of commi..ion.r. of th. community Rad.velopment
Agenoy h.r.by dat.~in.s that it ie n.o.....ry to acquir. th. property d..oribed
above pursuant to its community Raclavelopment Pl..n and mora partioularly the
Downtown Cinema/Mix.d U.e Redev.lopment Projact a. cont.in.d ther.in.
..n+.tnn lJ'hr... Thi. Re.allltJ.an .hall take .ft.ct immedi.t.ly upon P.....9.-
P~88CD ~ND ADO~.D thi. _____ day af --, 19 ---
COMMUNITY RKD~VELOPM~NT ACaNCY
Att.sted bya By.
.
Of ' "
..
It ~~TY OF DELRAY BERCH
n TORNEY'S OFFICE
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: March 5, 1993 .
To: David Harden, City Manager
From: Jeffrey S. Kurtz, City
Subject: Increase in Police and Benefits for
Current Retirees
Our office is finalizing the draft to the Police and Fire
Pension Plan that would allow current retirees a five percent
increase in benefit levels provided they had retired before
January 1, 1991. In addition, it is the intent of the
ordinance that this benefit increase be applicable to all
beneficiaries under the plan, not simply retirees. The
ordinance will also have the effect of implementing those
increases set forth in the 1988 amendment retroactively for
beneficiaries that were not members of the plan (retirees) as
has been discussed at the Pension Board and before City
Commission. This in fact was the practice. r anticipate that
the ordinance will be completed and be reviewed by Pension
Board counsel and thus available for distribution on Monday,
March 8, 1993.
The City Commission had requested that they be provided with a
listing of all current beneficiaries under the plan and the
amounts that said beneficiaries receive so that they can
determine whether the proposed increase in benefit level is
appropriate.
Should you have any questions regarding this matter, please do
not hesitate to contact our office.
JSK: j W
bar.eret. j sk
,,!
"
.
..
FI_~:oc:DL~
~ ::.Y O~ :E~~AI 3E~C~
~GL::E ~ 7:~E~:3HTERS PENS:~N _::~:NE
~A~: OF :'~.E :~ :E:r;::E ~C~f;~L"
:~ , ~A"'E 1::1;' ~W ~E~:RE rISE !EAP5 BENEF:T
-------------------------------------------------------------------------------------------
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------------
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'.
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~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER / (", L I
. /
i
SUBJECT: AGENDA ITEM # 9 K - MEETING OF MARCH 10. 1993
GOLF COURSE CLUBHOUSE AGREEMENT
DATE: March 5/ 1993
The City Attorney's office will be making an oral presentation at
Tuesday evening's meeting relative to this item.
Also, attached is a very detailed financial projection done by Brahm
Dubin.
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Golf & Tennis Management, Development & Consultation
DELRAY BEACH GOLF CLUB
OPERATING BUDGET
FIVE YEAR PRO FORMA
NOTE 1 INCOME
A. We projected golf and food income to increase 3% P.A.
except for catering.
B. We projected catering income in year one at $400,000
broken down $300,000 in food sales and $100,000 in
beverage sales.
We anticipate that we can increase sales by 25% P.A. in
Years 2,3,and 4,to reach a stabilized year in Year 4. At
that time we project a 3% increase in sales.
Restaurant Totals:
Yr 1 $700,000; YR 2 $809,000; YR 3 $938,270;
YR 4 $1,102,818; YR 5 $1,135,903
NOTE 2 ADMINISTRATION EXPENSES
We project expenses to increase 3% P.A.
NOTE 3 PRO SHOP EXPENSES
We project expenses to increase 3% P.A. except for the golf
cart lease agreement.
NOTE 4 COURSE MAINTENANCE EXPENSE
We projected expenses to increase 3% P.A.
NOTE 5 RESTAURANT LABOR COST
Kitchen 20% of food sales I Admin
Bar 15% of bar sales I Exec Chef/Mgr $45,000
Server 20% of food sales
NOTE 6 LAUNDRY
We project 2% of total restaurant sales.
1177 N.E. 8th Street, Suite 309 . Delray Beach, FL 33483 . (407) 243-8008 . Fax (407) 243-8011
.
.
OPERATING BUDGET-CONT.
NOTE 7 LIOUOR TAX
We project 5% of beverage income.
NOTE 8 EMPLOYEE MEALS
We project 2% of total restaurant income.
NOTE 9 CHINA. GLASS
We project 1. 5% 0 f total restaurant income.
NOTE 10 NEW CLUBHOUSE DEBT SERVICE
$33 million @ 6.25% amortized over 20 years, Interest only
Year I and Year 2.
NOTE 1 I FOOD COST/BEVERAGE COST
We project Food Cost Restaurant @ 40%, Food Cost Catering
@ 30% and Beverage Cost Restaurant @ 26%, Beverage Cost
Catering @ 20%.
NOTE 12 PHILOSOPHY
A. We will attempt to hire local residents.
B. We will not have any cost for valet service.
.
'~ ' "
Mar. 5 '9] 14:55 BER~IHRD PLOTK I ~~ FAX 407--:~:--~~6: =
-
CITY }'iAl\A~.a;" ANiJ ,,;';1.1,'! CO}]<I33rCK~R3
-_. ----
'rH~ FCLLO,ojI~G I3 A ~AMPL,l:i; ot" A I)~TITICN B~ING CIR.GLIA'r~D JTAal':~}
!'H!3 ~jCRN !I\'; . '.vei:. n~r~N.D TO }>L,!i;3~I~T TH~ CGr.:FLi!;r~D p~'fITrCNS At
TIib; CITY CO)ll-jI~3!ON 1-;g~1'!N:} TO B~ H~LD ON ~C;Dt-;E304f f Y.ARCH leth
AND HOFjj; Tau 'N1LL::av~ I'! ~OuR CO~13!D~,.~TrCt,: P~IC(~ ~l ;~31'I:-;'1
YCDR vert.:.
.
We, the undersiqned, member~ of the ~lfing community and/or
taxpayers of the City of Delray Beach hereby respectfully petition and
~equest the City Commissioners to delay siqninq a contract for the ~
proposed Clubhouse to be located on the Municipal GoLf Course at a cost
in exce~s of 53,000,000 to allow time for communication with, and input ,
from, those who will be the prime users of the facility, the golf course
manager and the abutters to the property. We think it is unconscionable
for a lame-duck Commissioner to burden those who will be expected to
support and pay for this facility without an opportunity to be heard.
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I
- . ~
CITY OF"DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 10. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
L. PURCHASE OF STADIUM STEPS: Consider purchasing three steps
and vomitoriums for the west side of the tennis stadium for
$25,000 from T & B Equipment Company.
0/0
.
'. I H
.
- -
[IT' DF DELIA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Purchase of Stadium Steps
DATE: March 10, 1993
Digby Bridges recommends, and I concur, that we purchase the three (3)
steps and vomitoriums for the west side of the tennis stadium for
$25,000 from T & B Equipment Company. I f we purchase the steps, the
price of the temporary bleachers will be reduced from $110,970 to
$105,970 over the next four (4 ) years of the contract. This is a net
savings of $20,000, almost enough to cover the price of the steps
themselves. We have until March 10, 1993 to exercise this option to
purchase.
Please review and advise.
ik ~~iif
{/'
Joe Weldon
Director of Parks and Recreation
JW:cp
Ref:stadstep
THE EFFORT ALWAYS MATTERS
'"
I
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
r 'r I
FROM: CITY MANAGER / / C ;
SUBJECT: AGENDA ITEM # lC~ - MEETING OF MARCH 10. 1993
ORDINANCE NO. 17-93
DATE: March 5, 1993
This is second reading of an ordinance amending Chapter 33 of the Code
of Ordinances relative to Police and Fire Pension issues to provide
for certain grammatical and verbiage changes.
This proposed ordinance seeks to clarify Section 33.62, "Benefit
Amounts and Eligibility" . There are no substantive changes relating
to benefit amounts, offsets or eligibility incorporated into this
ordinance. Both the City Attorney's Office and Board of Trustees have
reviewed these changes.
At the February 9th regular meeting, Ordinance No. 17-93 was passed on
first reading by a vote of 5-0.
Recommend approval of Ordinance No. 17-93 on second and final reading.
\~O
'. ' ...
I
ORDINANCE NO. 17-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III,
"ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANeES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY", TO PROVIDE FOR CERTAIN GRAMMATICAL AND
VERBIAGE CHANGES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 33,
"Police and Fire Departments" , Subheading "Pensions", Section
33.62, "Benefit Amounts and Eligibility", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY.
(A) Normal retirement date. ,. 1II~IIII6~t 111.'1 ~,r~(Zt tllS
t~t;Lt~ llSFl tl'l~ f.;Lt~t ~.'I llSf. . FlY IIIllSFltl'l f.f. (ZllS,tM,t~~Flt ~,ttl'l llSt
f.llSnllS~,tFlg tl'l~ .tt.,tFlIII~Flt llSf. l'I,t1!l f.,tf.:t'lrl!l~(ZllSFl~ l6,tttl'l~.'I .Fl~ t~~
(Z9SlIIiS,r~t,tllSFl llSf. tw~Flt'l nrn 'I~.t~ llSf. (ZllSFlt,tFlJ<illSJ<i~ ~~t1,t(Z~1 l'IllS~~1~ti
~lIIiS,rllS'I~~~ ~l'I9S .t~ ~,r,tg,tI6,r~ tllS .Fl~ 16~(Z9SIII~ 1II~IIII6~t~ .~ llSf. tl'l~
~f.f.~~t,t1~ ~.t~ llSf. tl'l,t~ ~'I~t~1II ~l'I.,r,r 16~ ~,r,tg,tI6,r~ tllS t~Ut~, .~
.l6llS1~' J<iiS9SFl tl'l~ .tt.,tFlIII~Flt 9Sf. tl'l~,tt f.,tf.t'lr~~(Z9SFl~ l6;Lttl'l~.'I ,
t~g.t~,r~~1!l 9Sf. tl'l~ FlJ<iIllI6~t llSf. 'I~.t~ 9Sf. ~llSFlt,tFlJ<illSJ<i~ ~~ty,t(Z~J Uf.~~t,t1~
~~t9Sl6~t ~, ~~~~, . 1II~IIII6~t 111_'1 ~,r~~t tllS c~t,tt~ 9SFl tl'l~ f.,tt~t ~.'I 9Sf.
.Fl'l IIIllSFltl'l (ZllS,tM,t~~Flt ~,ttl'l llSt Fl~~t f.llSnllS~,tFlg l'I,t~ ~llSlIIiS,r~UllSFl llSf.
t~~Flt'l K7~1 'I~.t~ llSf. (ZllSFlt,tFlJ<illSJ<i1!l ~~ty,t~~J 1l'1,t~ iStllSy,t~,tllSFl ~l'I.,r,r FlllSt
.iSiS,r'l tllS .Fl'l 1II~IIII6~t ~l'I9S t~t,tt~1!l llSt t~tlll,tFl_t~~ ~lIIiS,rllS'IIII~Flt iSt,t9St t9S
~(ZtllSl6~t/~'ln~~J This term shall have the followin9 meanin9s:
.L. For employees who are eligible to become
members of the svstem as of its effective date. the normal
retirement date shall be the date of their fifty-second birthday.
regardless of the number of years of continuous service.
L For emplovees who are members of the svstem and
terminate emoloyment Drior to October 1. 1989. the normal
retirement date shall be the first day of the month coincident with
or subsequent to their fiftv-second birthdav and the comoletion of
twentv (20) years of continuous service.
..l..... For emoloyees who are members of the system and
elect to retire or terminate emDlovment on or subseouent to October
1. 1989. the normal retirement date shall be the first dav of the
month coincident with or subsequent to completion of twenty (20)
years of continuous service.
(B) Normal retirement benefit.
( 1) Duration, survivor benefits. A member retiring
l'I~t~J<iFl~~t on his normal retirement date shall receive a monthly
benefit which shall commence on his normal retirement date and be
continued thereafter during his lifetime/.&. J<iQpon his death the
full retirement benefit shall be continued to his spouse for one
year and sixty percent (60%) of that amount continued thereafter
until the earlier of death or remarriage.
(2 ) Amount. Normal retirement benefits shall be in
the amount of two and one-half percent of average monthly earnings
for each year of continuous service, subject ,tFl .Fl'l ~1~Flt to a
maximum of seventy-five percent (75%) of average monthly earnings/.&.
-1- Ordinance No. 17-93
"
Pi!iowever, members as of the effective date shall receive at their
normal retirement date (age 52 regardless of years of service) the
greater of the benefit provided by the formula above or fifty
percent (50%) of average monthly earnings.
(3 ) Upon becoming eligible for normal retirement, a
member shall be one hundred percent (100%) vested in his accrued
benefit.
(e) Disability retirement provisions.
( 1 ) (a) For purposes of this system, "TOTAL AND
PERMANENT DISABILITY" shall mean an injury, disease or condition
which totallv and permanently incapacitates a member, either
physically or mentally, from his regular and continuous duty as a
police officer or firefighter. A "TOTAL AND PERMANENT DISABILITY"
arising directly from the performance of service to the city by a
member as a police officer or firefighter shall be considered to be
a service incurred disability. A "TOTAL AND PERMANENT DISABILITY"
arising from any other cause or source, other than as modified
below, shall be considered to be a nonservice incurred disability.
A member shall not be entitled to receive a disability retirement
benefit from the system if the disability is a result of:
1. Excessive and habitual use of drugs,
intoxicants or narcotics;
2. Injury or disease sustained by the
member while willfully and illegally participating in fights,
riots, civil insurrections, or while committing a crime;
3. Injury or disease sustained by
member while serving in any of the armed forces;
4. Injury or disease sustained by the
member after his employment with the city has been terminated.
(b) A member shall not receive a service
incurred disability benefit for injury or disease sustained by the
member while working (either as an employee or through some other
contractual arrangement) for anyone other than the city, performing
a job function the same as or related to the member's city job
function, and arising out of the scope of any other employment or
contractual arrangement, excepting injuries sustained by members
while performing duties on behalf of the city and while within the
city's jurisdiction although those injuries occurred at an outside
employer's job site. In addition, a member shall not be entitled
to receive a disability retirement benefit from the system on the
basis of any condition which existed prior to the member's
employment or which was evidenced during the member's preemployment
physical.
(2 ) Application for benefits. In order for the
Board to consider a member's request for disability retirement
benefits, the member must apply in writing to the Board. 1Pi;L~
.pp;rt9!9!tt~1'1 p\]4~t 16~ P\.<;i~ .~ ~~~1'1 .~ ;L~ pt.9!t;L9!.I6;r~ t~;r;r~W;LM tPi~
<;i9!t~ wPi~1'1 tPi~ <;i;L~.l6ntty 9!~I'1<;i;Lt;L~1'1 .t~~~J ~1'1;r~~~ ~~t~I'1]4.t;Ll'1\1t
9!tt9!]4P\~t.M~~ 9!.1'1 16~ pt~y~1'1 t~ tPi~ ~.t;L~t9!9!t;L~1'1 ~t tPi~ ~~.t<;i ~t
';l'tJ4~t~~~, .1'1 .pp;r;L9!9!t;L~1'1 <;i9!t~<;i P\~t~ tPi9!Jli ~;L~ l~'f P\~JlitPi~ t~;r;r~W;LJli\1t
tPi~ <;i.t~ wPi~1'1 tPi~ <;i;L~9!I6;LUty 9!~I'1<;i;Lt;L~1'1 .t~~~ ~t t;Lt~t 16~9!9!P\~
~n<;i~Jlit ~t tPi~ <;i9!t~ wPi~# 9! PPiY~;L9!;L9!1'1 Pi9!~ 9!~ttU ;L~<;i tPi.t tPi~
9!pp;r;L9!9!Jlit Pi.~ t~.9!Pi~<;i P\9!~;LP\]<iP\ p\~<;i;L9!.;r ;LP\pt~Y~P\~l'1t, WPi;L9!Pi~)I~t ;L~
;r.t~t' ~Pi.;r;r 16~ \1tt~]4I'1<;i~ t~t tPi~ <;i~I'1;L9!;r ~t tPi~ .PPU9!.jt;L~1'1 l6y jtPi~
ja~9!t<;iJ Upon receipt of proper application by the Board of
Trustees, the Board of Trustees shall arrange for a physic
examination of the applicant by the medical board. A furth
condition for receipt of disability retirement benefits from the
system is that the applicant must apply for and dilioentlv ~ursue
disability benefits from social security and workers' compensation.
-2- Ordinance No. 17-93
.
Written proof of application must be submitted to the Board of
Trustees. Failure of the applicant to qualify as being disabled
under either the social security or workers' compensation laws may
be considered by the Board of Trustees in review ~t t~~~~~t~~t_~t~~
"Pt ~~~ Jl~_# ~1 7'tJ4~~~~~ of that member's ~t~_"pnt~t t~~tt~\lI~~~
apolication or recoverv from disabilitv.
(3 ) Medical board. When a member submits proper
application for a disability retirement benefit, the Board of
Trustees shall designate a medical board to be composed of at least
one "PJ4~ ~~~ \lI~# ~~_~ ~~t~~ physician~. r~~ ~~~t~~ ~1 p~t~t~t_~~
~~_,r,l "p~ \lI_~~ t~ _~~~t~_~~~ wt~~ ~~~ ~~~~t~t~~ ~t ~~~~t~t~~~ J4~~~
w~t~~ ~~~ \lI~\lI"P~t t~ _pp~ttM 1~t ~t~_"Pt~ttt #~tt~\lI~~~/ The
medical board shall arrange for and pass upon all medical
examinations required under the provisions of this subchapter,
shall investigate all essential statements or certificates made by
or on behalf of a member in connection with an application for
disability retirement and shall report in writing to the Board of
Trustees its conclusions and recommendations upon all matters
referred to it. The payment of those services shall be determined
by the Board of Trustees.
(4 ) Determination of disability. All questions
relating to eligibility for initial payment or continuance of
disability benefits shall be determined by the Board of Trustees,
taking into consideration the recommendations of the medical board
and any other evidence of which the Board of Trustees may avail
itself. The general steps which the Board of Trustees shall follow
in its determination shall be as listed below, provided however,
that the Board of Trustees may, in its discretion, alter or modify
these steps:
( a) Determine whether the member's application
is proper~ _~~/~t\ll~~t/
(b) If application is for a nonservice
incurred disability, determine whether the ten years of continuous
service requirement has been met.
(c) Based on all evidence submitted to the
Board of Trustees, determine whether the applicant satisfies the
definition of disability, including the absence of listed
exclusions.
(d) Determine whether the disability is to be
considered a service incurred disability or a nonservice
disability, taking into consideration F.S. Chapters 175.231 and
185.34.
(e) Establish a date of disability. This date
may be the date of injury causing the disability, the date when the
member could no longer perform his regular and continuous duties,
the date when his sick pay and vacation pay are exhausted or such
other date as determined by the Board of Trustees.
1.11 ut~t ~~ Jl~_t~ ~1 7'tJ4~~~~~ _~~,i::91~'
~~~~t\llt~~ w~~~~~t ~~~ \lI~\lI"P~t ~-. t~_~~~1i \lI_~t\llJ4\l1 \lI~lit~_~
t\llpt~Y~\lI~~~/J4~Ii~t/w~t~~t~f/~~\lIp~~~_~t~~/~tt~~tt_/
(5 ) Disability retirement benefits.
(a) Eligibility. ~ ~,r,l member. _t~ ~
~ eligible for service incurred disability benefits, regardless of
~~~tt length of continuous service. Each member who completes ten
(10) years of continuous service prior to becoming disabled shall
be eligible for nonservice incurred disability benefits.
(b) Initial amount of service incurred
disability benefit. Seventy-five percent (75%) of the member's
-3- Ordinance No. 17-93
., "
average monthly earnings in effect on the date of disability,
subject in any event to the offsets listed below.
(c) Initial amount of nonservice incurred
disability benefit. 'YJ}ij!tj! j!;rtwt16;rj!j :t~wo percent (2%) of average
monthly earnings in effect on the date of disability for each year
of continuous service, subject in any event to maximum fifty
percent (50%) of average monthly earnings and subj ect further to
the offsets listed below.
(d) Terms of payments. Disabili ty benefits
shall commence on or as of the first day of the month coincident
with or next following the date of disability, as established by
the Board of Trustees, and shall continue to be paid on the first
day of each subsequent month until the death or recovery of the
disability retiree. The same survivorship percentages which apply
to normal retirement benefits shall also apply to disability
retirement benefits.
(e) Benefit offsets. Disability retirement
benefits described above shall be reduced by any disability
benefits paid by social security, by workers' compensation benefits
to the extent such benefits when added to the member's disability
retirement benefit from the system exceed the member's average
monthly earnings on the date of disability, and by other benefit
offsets set forth in division (C)(7) of this section. The
reduction for social security shall be in the amount of the primary
insurance amount only, not including any family benefit. Any cost
of living adjustments in the disability retiree's social security
and workers' compensation benefits shall not serve to reduce
further the disability benefit payable from the system. T~
reduction for social security disability benefits shall terminc
upon the retiree's attainment of age sixty-five (65). In the ca~_
of a lump sum settlement paid by workers' compensation, the
disability retirement benefit payable from the system shall be
adjusted as follows:
1. The amount of the lump sum settlement
shall be divided by the member's remaining life expectancy (in
months), as determined using standard actuarial tables approved by
the plan actuary;
2. If the number obtained in division 1.
above, when added to the member's monthly disability retirement
benefit from the system, exceeds the member's average monthly
earnings on the date of disability, the amount of the excess shall
be deducted from the member's monthly disability retirement benefit
from the system, for the duration of the member's remaining life
expectancy as determined in division 1. above.
3. If the number obtained in division 1.
above, when added to the member's monthly disability retirement
benefit from the system, does not exceed the member's average
monthly earnings on the date of disability, there shall be no
reduction of the member's disability retirement benefits from the
system.
Once the number of months of suspension has been
completed, the disability retirement benefit from the system shall
be resumed. Additional benefit adjustments shall also apply as
described below in division (e)(7) of this section.
(f) Eligibility for other benefits. In tp~
event that a member applying for disability benefits is a]
eligible for either early or normal retirement, the Board may, up.
the request of the member, pay the early or normal retirement
benefit instead of a disability retirement benefit.
-4- Ordinance No. 17-93
.
(6 ) Annual report by disability retiree.
(a) Each person currently receiving disability
retirement benefits and each person who first qualifies for
disability retirement benefits shall be required to submit to the
Board of Trustees no later than March 1 of each l1!_J~J'i9I_t year a
signed and notarized report which includes, but is not limited to,
the following information:
1. Upon request of the Board of Trustees,
a medical report from the disability retiree's physician stating
whether the retiree is still totally incapacitated to perform the
regular and continuous duties of a police officer or firefighter
shall be submitted to the Board. The required physician's
statement must be dated within four months of the request.
2. A statement showing the amount the
disabili ty retiree received in the immediately preceding calendar
year from the following sources;
a. Social security (primary insurance
amount only, not including family benefits);
b. Workers' compensation (excluding
medical reimbursements); and
c. Compensation for work performed
during the year. Copies of all IRS W-2 forms from each employer
shall be required for this purpose.
(b) A statement to the effect that the
disability retiree understands that if the report is incomplete or
incorrect, his disability retirement benefits may be suspended or
discontinued.
(c) In the event that the required annual
report is not submitted to the Board on a timely basis, or is
incomplete or incorrect, the Board may, in its discretion, suspend
~ discontinue the disability retirement benefits.
(7 ) Annual benefit adjustments.
(a) The monthly disability retirement benefit
of each person who is receiving benefits on, or who shall receive
benefits after, the effective date of this subchapter, shall be
adjusted annually as described herein. First, the sum of the
following items shall be calculated for the previous calendar year:
1. The disability retirement benefits
paid from the systemi
2. The social security primary insurance
amounts (not including family benefits), less any cost of living
adjustments since the benefit first went into effecti
3. The workers' compensation disability
benefits (excluding medical reimbursements), less any cost of
living adjustments since the benefit first went into effect, to the
extent that such benefits, when added to the member's disability
retirement benefit from the system exceed the member's average
monthly earnings on the date of disabilitYi and
4. Any earned income (as defined in
division (C) (11) of this section) received as evidenced by the IRS
W-2 forms (excluding any sick and vacation pay received from the
city pursuant to the disability, as determined by the Board of
Trustees) .
-5- Ordinance No. 17-93
'. "
(b) The annual rate of earnings of the
disability retiree on his date of disability (utilizing the minimum
set forth herein~) shall then be subtracted from this sum. If
there is any excess of the sum over the sum of the disability
retiree's predisability annual earnings rate (with a presumed
minimum upon the effective date of this subchapter of $30,000) as
increased or decreased annually by the city in accordance with the
salary funded for comparably funded city positions, then the
disability retirement benefit payable from the system shall be
reduced. The amount of the annual reduction shall be equal to
fifty percent (50%) of any sums up to and including $15,000 of the
excess, plus one hundred percent (100%) of the excess, if any,
which exceeds $15,000 in excess of the as-adjusted disability
retiree's predisability annual earnings (with a presumed minimum
upon the effective date of this subchapter of $30(000). The annual
reduction so computed shall then be divided by twelve ( 12) to make
it a monthly reduction. The monthly reduction shall then be
subtracted from the monthly disability retirement benefit which has
most recently been paid. If the sum of the four items listed above
is less than the disability retirement benefit computed in
accordance with division (C)(5)(b) or (c) of this section, as
applicable, prior to the offset provided by (C) (5) (e) of this
section, then the disability retirement benefit payable from the
system shall be increased. The amount of the annual increase shall
be equal to the amount of the disability retirement benefit
computed in accordance with division (C) (5) (b) or (c) of this
section, as applicable, prior to the offset provided by division
(C) (5) (e) of this section, minus the sum of the four items listed
above. The annual increase so computed shall then be divided by
twelve ( 12) to make it a monthly increase. The monthly increase
shall then be added to the monthly disability retirement benef'
which has most recently been paid. AnY '.l'Pi~ newly adjust
disability retirement benefit shall be paid for the twelve ( 1 <: ,
months beginning on the next January 1 ; howe~er, the disability
retiree may petition the Board no more than once annually during
that 12-month period for a t~computation of those benefit
adjustments, which the Board may elect to consider and grant based
upon demonstrated exigent circumstances occurring to the disability
retiree subsequent to the last benefit adjustment. Upon the death
of the disability retiree prior to his recovery, the monthly
benefit rate without any adjustments shall be used to compute any
survivor benefits which are payable from the system.
(8 ) Disability affidavit. No member otherwise
eligible to receive disability benefits shall be paid those
benefits unless and until that member files a disability affidavit
with the Board on a form furnished by the Board. By the disability
affidavit, the prospective retiree shall affirm that he is
acquainted and familiar with the terms and conditions of his
disability retirement. In particular, he shall acknowledge the
authority of the Board to require him to undergo periodic future
physical examinations in order to determine whether he ~
recovered from disabilitv t~/~ttJJ/~t~_~J~~.
( 9) Authority for reexamination. Each person who
first qualifies for or is then receiving disability retirement
benefits on or after the effective date of this subchapter shall be
subject to periodic reexamination by a medical board selected by
the Board of Trustees to determine if the disability has ceased to
exist. '.l'Pi~ #~t_!1ItJ'i_ttszlJ'i ~PinJ J'iszlt ~~ p~t!1lttt~~ !1Iszlt~ szl1t~J'i tPi_p1
twt~~/tJ'i/_J'it/~_J~J'i~_t/t~_tJ
(10) Recovery from disability.
(a) In the event a member who has been retirr'
on a disability benefit regains his health and is able to perfc
his duties in the Police Department or Fire Department, the Boal._
shall discontinue the pension; and further, the city shall, subject
to budget and qualification of the member for the position, offer
-6- Ordinance No. 17-93
.
the member a position with the city as a police officer or
firefighter.
(b) If a member shall resume his employment
with the city, as a police officer or firefighter, then he may pay
into the fund an amount equal to the aggregate contributions plus
interest at a rate to be determined by the Board (computed upon his
annual earnings at the time of his disability retirement) he would
have been required to make hereunder, as determined by the Board,
during the period of his disability retirement had he not been
retired, and shall thereunon t~.t jl\j!jI\16j!t 15~.n receive creditable
service for the period of the disability retirement. In any event,
that member shall retain credit for the period of continuous
service to the date of disability.
(11 ) Earned income. For purposes of this section,
"EARNED INCOME" shall mean all wages, salaries, tips and other
employee compensation received by the member, plus the amount of
the member's net earnings from self-employment for any tax year.
(D) Preretirement death.
( 1 ) Service incurred. A death benefit shall be
payable on behalf of any member who dies as a direct result of an
occurrence arising in the performance of service. These benefits
are not to be limiting to other benefits available under state law.
The benefits shall be payable as follows:
(a) To the spouse, until the earlier of death
or remarriage, a monthly benefit equal to fifty percent (50%) of
the member's average monthly earnings; or to a designated
beneficiary or beneficiaries other than the spouse, until death, a
monthly benefit equal to the actuarial equivalent of a lifetime
benefit payable to the member in the amount of fifty percent (50%)
of the member's average monthly earnings at date of death, plus
(b) 1. For each unmarried child until he or
she shall have reached the age of eighteen ( 18) years, and for each
unmarried child from age 18 until age 22 who is a full-time student
in a fully accredited high school, college or university, there
shall be paid in equal monthly installments, an amount equal to
five percent (5%) of the average monthly earnings subject to an
overall limitation of a total of sixty percent (60%) of average
monthly earnings for the spouse and children combined. The
nonstudent child's pension shall terminate on the earlier of death,
marriage or the attainment of age 18i~ t~he pension of a child who
is a student shall terminate on the earlier of death, marriage or
the attainment of age 22. Legally adopted children shall be
eligible the same as natural children.
2. Upon remarriage or death of the
spouse, the five percent (5% ) child allowance shall be increased to
ten percent ( 10%) for each child, not to exceed a combined total of
thirty-five percent (35%) of the member's average monthly earnings.
The trusteeship and disbursements of the pension to any child shall
be determined by the Board of Trustees.
(2 ) Nonservice incurred. If any member shall die
in active service from causes not attributable to active duty or
service, a death benefit shall be payable as follows:
(a) With less than one year of continuous
service, a single sum amount of $2,500 to the member's spouse or
other designated beneficiary or beneficiaries, as the case may be.
(b) With one but less than five years of
continuous service, a single sum amount of $5,000 to the member's
spouse or other designated beneficiary or beneficiaries, as the
case may be.
-7- Ordinance No. 17-93
'. "
(c) With five or more years of continuous
service:
1. A single sum amount of $5,000 to the
member's spouse or other designated beneficiary or beneficiaries,
as the case may be, plus
2. To the spouse until remarriage or
death, in equal monthly payments, a pension equal to sixty-five
percent (65%) of that member's accrued pension as of date of death,
subject to a minimum of twenty percent (20%) of average monthly
earnings; or to a designated beneficiary or beneficiaries other
than the spouse, until death, a monthly benefit equal to the
actuarial equivalent of a lifetime benefit payable to the member in
the amount of sixty-five percent (65%) of such member's accrued
pension as of date of death, plus
3. To the child of the deceased member,
the same benefits as are payable by reason of service incurred
death, subject however, to a maximum combined limitation of monthly
payments to the spouse and children of fifty percent (50%) of
average monthly earnings and thirty-five percent (35%) after
remarriage or death of spouse.
(3) In the event more than one beneficiary is
designated by the member, the death benefits provided in this
section shall be apportioned equally among the beneficiaries.
(E) Vesting.
(1) If a member terminates his employment with t'
Police or Fire Departments, either voluntarily or by law1
discharge, and is not eligible for any other benefits under th~~
system, he shall be entitled to the following:
(a) With less than ten years of continuous
service, refund of member contributions.
(b) With ten or more years of continuous
service:
1. The pension benefit accrued to his
date of termination, payable commencing on the date which would
have been his earliest normal retirement date had he remained in
employment, provided he does not elect to withdraw his member
contributions, or
2. Refund of member contributions.
(2 ) Any member of this system who, for whatever
reason, has his employment with the city as a police officer or
firefighter terminated, but who remains with or was previously
employed by the city in some other capacity so that his total
period of employment with the city is ten years or more, shall have
all benefits accrued under this system preserved, provided he does
not elect to withdraw his member contributions. These accrued
benefits shall be payable at his otherwise normal retirement date,
in accordance with the provisions of this system. For purposes of
determining normal retirement date under this vesting provision,
continuous service shall include all continuous employment with the
city as an employee as herein defined as well as the period of time
subsequent to termination as a member of this system; however,
benefits shall not be payable under this system during any period
of continued employment by the city. Upon the written election of
the Police Chief or Fire Chief not to participate in the syste'
the employment of the Police Chief or Fire Chief shall be deen
terminated for the purpose of applying the provisions of th:.._
system. A Police ehief or Fire Chief who terminates his
participation in this system shall not thereafter be eligible to
-8- Ordinance No. 17-93
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!' I' \
SUBJECT: AGENDA ITEM ~ l~ - MEETING OF MARCH 10. 1993
ORDINANCE NO. 24-93
DATE: March 5, 1993
This is the first reading of an ordinance rezoning and placing land
presently zoned GC (General Commerical) District in the AC (Automotive
Commercial) District; said land being located on the west side of S.E.
6th Avenue between S. E. 6th and 7th Streets (former Tire Kingdom
site) .
In 1980, Tire Kingdom established a tire sales and installation use
under the former SC (Specialized Commercial) zone district. With the
adoption of the Land Development Regulations, the SC zone category was
eliminated and the AC zone created. AC zoning was applied to existing
full service auto dealerships and other permitted auto related uses.
The AC zoning was also applied to auto repair and specialty service
shops which had obtained conditional use approval subsequent to 1985
under SC zoning.
The subject property had not received conditional use approval and was
rezoned to GC. Auto repair and specialized service shops are not
permitted uses in the GC district; consequently, Tire Kingdom became a
lawfully non-conforming use. In January 1993, Tire Kingdom relocated
its operation to Linton Boulevard. Subsequently, the property owner
entered into a lease agreement with Meineke Muffler; however, in order
to establish the muffler sales and installation at this site, rezoning
and conditional use approval was required.
As the negotiated lease with Meineke has an occupancy date of March
31st, this item is being brought before the Commission prior to
Planning and Zoning Board review. The Board will formally review this
item at their March 15th meeting. The Board's recommendations as well
as a full staff report will be forwarded to the Commission at second
reading of the ordinance.
Recommend approval of Ordinance No. 24-93 on first reading.
O~ /sT ~X1
IC Lj-o
.
I
ORDINANCE NO. 24-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF S.E. 6TH AVENUE, BETWEEN
S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE:
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed J.n the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development RegulatJ.ons of the City of Delray Beach, Florida, to-WJ.t:
Lots 4, 5 and 6, less the South 10 feet of Lot 6, Block
11 , OSCEOLA PARK, according to the Plat thereof on file
in the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, in Plat Book 3, Page 2,
LESS the East 5 feet thereof conveyed to the State of
Florida for right-of-way of State Road ItS in Official
Record Book 500, Page 148, Public Records of Palm Beach
County, Florida.
The subject property is located on the west side of S.E.
6th Avenue, between S.E. 6th Street and S.E. 7th Street,
and is also known as 630-640 S.B. 6th Avenue.
The above described parcel contains a 0.414 acre parcel
of land, more or less.
Section 2. That the Planning Director of the City of Delray
.Beach, Florida, shall, upon the effective date of this ordinance, change
the Zoning District Map of the City of Delray Beach, FlorJ.da, to conform
with the provisions of Section 1 hereof.
Sectlon 3 That all ordinances or parts of ordinances whJ.ch
are in conflict herewith be and the same are hereby repealed.
Sectlon 4. That should any section or provislon of thlS
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effectlve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and flnal
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTO~ ~""'\ ~(l(iJC'( " Ii' I
DEPARTMENT OF PLANNING ~h))NING r d,
FROM: JANET MEEKS, PLANNER II';rO--
SUBJECT: MEETING OF MARCH 10, 1993
ORDINANCE REZONING LOTS 4,5,6 BLOCK II OF OSCEOLA PARK
PLAT FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE
COMMERCIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of the rezoning of Lots 4,5,6 of
Block 11, Osceola Park Plat, from GC (General Commercial) to
AC (Automotive Commercial).
The project contains approximately 0.41 acres, and is
located on the west side of Northbound Federal Highway
between S.E. 6th and 7th Streets.
BACKGROUND:
In 1980, Tire Kingdom established a tire sales and installation
business on the subject property as a permitted use under the
former SC (Specialized Commercial) zoning district. In November
of 1985, the SC district was amended to provide restrictions on
auto related uses. Specialized service shops such as Tire
Kingdom continued to be allowed in the SC zone, but only as
conditional uses.
The SC zoning classification was eliminated in October of 1990,
wi th the adoption of the new Land Development Regulations and
the concurrent citywide rezoning. The AC (Automotive Commercial)
zoning district was created, and was applied to existing full
service auto dealerships and other permitted auto related uses.
The AC zoning was also applied to auto repair and specialty
service shops which had obtained conditional use approval
subsequent to 1985 under the SC zoning. The subject property, as
well as many other SC-zoned auto related uses which had not
recei ved conditional use approval, were rezoned to GC (General
Commercial). Auto repair and specialized service shops are not
.
City Commission Documentation
Ordinance Rezoning Lots 4,5,6, Block 11, Osceola Park
Page 2
permi tted uses in the GC district; consequently, Tire Kingdom
became a lawfully non-conforming use.
In January of this year, Tire Kingdom relocated its operation to
Linton Boulevard, just west of the F. E. C. railroad. Meineke
Muffler has entered into a lease with the owner of the Federal
Highway property to occupy that site for its muffler sales and
installation business. When Meineke applied for an occupational
license, they were informed that they could not occupy the
premises because the use is not permitted in the General
Commercial zoning district. While Tire Kingdom could continue to
operate at the site indefinitely as a lawfully non-conforming
use, a change from one type of specialized auto service shop to
another is not permitted.
In order to establish muffler sales and installation at this
si te, rezoning and conditional use approval is required. The
owner has applied to rezone the property to AC (Automotive
Commercial), and has submitted a conditional use application to
be considered concurrently.
PLANNING AND ZONING BOARD CONSIDERATION:
The property owner was unaware that a distinction would be made
between the two different types of specialized service shops, and
did not realize that a rezoning and conditional use approval was
necessary. Prior to learning of these requirements, he had
negotiated a lease with Meineke which has an occupancy date of
March 31st. Staff has expedited this petition, and is bringing
the first reading of the rezoning ordinance to the City
Commission prior to its consideration by the Planning and Zoning
Board. The Planning and Zoning Board will formally review both
the rezoning and conditional use request at its meeting of March
15, 1993. The Board's recommendations, as well as a full staff
report on those items, will be forwarded to the City Commission
at the second reading of the ordinance.
RECOMMENDED ACTION:
By motion, approve on first reading an ordinance to rezone Lots
4,5,6, Block 11 of Osceola Park Plat from GC (General Commercial)
to AC (Automotive Commercial).
Attachment:
* Location map
.
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