Agenda Reg 10-16-012.
3.
4.
5.
o
ROLI. CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
NONE
PROCLAMATIONS:
A. Recognizing and Commending Pompey Park Youth Tennis Team
B. Recognizing City Government Week - October 21 through October 27, 2001
C. Delray Beach Orchid Sodety's 11m Annual Show- October 26 through October 28, 2001
D. Recognizing National Epilepsy Awareness Month - November 2001
PRESENTATIONS:
Resolution No. 63-01 - Recognizing and commending Jack Ceasar for Thirty-years of
Dedicated Service to the City of Delray Beach
B. Delray Shores/Sudan Neighborhood Action Plan
CONSENT AGENDA: City Manager Recommends Approval.
A0
RESOLUTION NO. 64-01: Approve Resolution No. 64-01 which verifies the City's
commitment to provide a 50% match to the $6,000 requested from the Division of
Historic Resources Division of the State of Florida for the Historic District Design
Guidelines Grant.
Bo
RESOLUTION NO. 65-01: Approve Resolution No. 65-01 establishing the Elder
Ready Task Force consisting of fifteen (15) members with a sunset date of November 1,
2002. Commission appointments will be made at the November 6~h Commission
meeting.
LIMITED ACCESS EASEMENT: Approve a limited access easement for property
located at 701 NW 2"~ Avenue (northeast comer of NW 2"a Avenue and NW 7~ Street.)
to allow for the construction of pool without encroachment into the required setback.
LANDSCAPE ARCHITECTURAL SERVICES/A. GRANT
THORNBROUGH & ASSOCIATES (SWINTON AVENUE
BEAUTIFICATION, PHASE II); Approve an agreement in the amount of
$16,500.00 to A. Grant Thombrough & Associates to provide landscape architectural
services for the Swinton Avenue Beautification, Phase II project. Funding is available
10-16-01
- 2 -
F0
L0
from 119-4151-572-60.69 (Beautification/Improvements Other).
COMMUNITY DEVELOPMENT DIVISION'S HOUSING
REHABILITATION GRANT AWARDS: Approve Housing Rehabilitation grant
awards through Community Development Division Housing Rehabilitation Grant in
thc amount of $24,297.00 to Abissct Corporation for 317 SW 12th Street, and
$20,259.75 to South Florida Construction for 343 NW 7th Avenue. Funding is available
from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
ASSIGNMENT CONSENT/URS CORPORATION (FORM~t.t.Y DAMES ~
MOORE): Approve the request from URS Corporation to change the name on all
future service authorizations for engineering services from Dames & Moore to URS
Corporation due to acquisition of Dames & Moore by URS Corporation.
FINAL PAYMENT/SECURITY ROOFING. INC. (RE-ROOFING BEACH
PAVILIONS): Approve final payment in the amount of $789.80 to Security Roofing
Inc. for the completion of the Beach Pavilions re-roofing project. Funding is available
from 334-6112-519-62.13 (Re-roofing Beach Pavilions).
CHANGE ORDER #l/FLORIDA BLACKTOP (SE/SW ROADWAY
IMPROVEMENTS: Approve Change Order #1 to Florida Blacktop in the amount of
$109,762.59 for the completion of the SE/SW Infrastructure Improvements.
Funding is available in the amount of $66,357.58 from 441-5181-536-69.22 (SE 7th
Avenue), and in the amount of $43,405.01 from 370-3162-541-63.45 (2000 Road Bond-
SE/SW Area Improvements).
CONTRACT ADDITION (C.O. #1)/SONIC ENGINEERING
(SOUTHRIDGE / SUNSET/ALBATROSS/ROADWAY INFRASTRUCTURE
IMPROVEMENTS CONTRACT): Approve a Contract Addition (C.O. #1) in the
amount of $107,351.50 to Sonic Engineering for approximately 2.205 L.F. of gravity
sewer main replacement for the Lake Ida Road improvement project. Funding is
available from 442-5178-536-61.51 W&S/Sewer Mains).
SERVICE AUTHORIZATION NO. 10/MATHEW'S CONSULTING (WATER
MODEL OF DISTRIBUTION SYSTEM); Approve Service Authorization No. 10
to Mathew's Consulting for professional engineering services in the amount of
$107,164.75 for preparation of a computer model of the water distribution system.
Funding is available from 442-5178-536-31.90 (W&S Other Professional Services).
SPECIAL EVENT REQUEST/12th ANNUAL HARVEST FEST: Approve a
special event request to hold the 12 Annual Harvest Fest on November 17 and 18
from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver
of the 2-hour parking limits at various parking lots, staff support for security, traffic
control and event signage.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS;
Accept the actions and decisions made by the Land Development Boards for the period
October 1, 2001 through October 12, 2001.
-3-
10-16-01
City of Delray Beach
Tuesday, October 16, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 ~ 1st Avenue
DeItay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxaliary a~ds and services to afford an mchvidual with a
chsability an opportunity to participate tn and enjoy the benefits of a service,
program, or acuvity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (YDD), 24 hours prior to the event in order for the
City to accommodate your request. Adapnve listening devices are available for
meetings tn the Commission Chambers.
City of Delray Beach
Regular
Tuesday, October 16, 200!
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Deltay Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and servxces to afford an individual with a
disab~ty an opportumty to pamcipate in and enloy the benefits of a service,
program, or acuvity conducted by the Cxty. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
C~ty to accommodate your request. Adapuve hstening devaces are available for
meetings m the Commission Chambers.
2.
3.
4.
5.
o
ROLL C~LI~.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
NONE
PROCLAMATIONS:
A. Recognizing and Commending Pompey Park Youth Tennis Team
B. Recognizing City Government Week - October 21 through October 27, 2001
C. Delray Beach Orchid Society's 11m Annual Show - October 26 through October 28, 2001
D. Recognizing National Epilepsy Awareness Month - November 2001
PRESENTATIONS:
Resolution No. 63-01 - Recognizing and commending Jack Ceasar for Thirty-years of
Dedicated Service to the City of Dekay Beach
B. Delray Shores/Sudan Neighborhood Action Plan
CONSENT AGENDA: City Manager Recommends Approval.
A0
RESOLUTION NO. 64-01: Approve Resolution No. 64-01 which verifies the City's
commitment to provide a 50% match to the $6,000 requested from the Division of
Historic Resources Division of the State of Florida for the Historic District Design
Guidelines Grant.
RESOLUTION NO. 65-01: Approve Resolution No. 65-01 establishing the Elder
Ready Task Force consisting of fifteen (15) members with a sunset date of November 1,
2002. Commission appointments will be made at the November 6m Commission
meeting.
C0
LIMITED ACCESS EASEMENT: Approve a limited access easement for property
located at 701 NW 2"d Avenue (northeast comer of NW 2"d Avenue and NW 7m Street.)
to allow for the construction of pool without encroachment into the required setback.
LANDSCAPE ARCHITECTURAL SERVICE$/A. GRANT
THORNBROUGH & ASSOCIATES (SWINTON AVENUE
BEAUTIFICATION, PHASE II): Approve an agreement in the amount of
$16,500.00 to A. Grant Thombrough & Associates to provide landscape architectural
services for the Swinton Avenue Beautification, Phase II project. Funding is available
10-16-01
- 2
K0
L0
from 119-4151-572-60.69 (Beautification/Improvements Other).
COMMUNITY DEVELOPMENT DIVISION'S HOUSING
REHABILITATION GRANT AWARDS: Approve Housing Rehabilitation grant
awards through Community Development Division Housing Rehabilitation Grant in
the amount of $24,297.00 to Abisset Corporation for 317 SW 12th Street, and
$20,259.75 to South Florida Construction for 343 NW 7m Avenue. Funding is available
from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
ASSIGNMENT CONSENT/URS CORPORATION (FOR1VIAIJIJY DAMES &
MOORE): Approve the request from URS Corporation to change the name on all
furore service authorizations for engineering services from Dames & Moore to URS
Corporation due to acquisition of Dames & Moore by URS Corporation.
FINAL PAYMENT/SECURITY ROOFING, INC, (RE-ROOFING BEAI~H
PAVILIONS): Approve final payment in the amount of $789.80 to Security Roofing
Inc. for the completion of the Beach Pavilions re-roofing project. Funding is available
from 334-6112-519-62.13 (Re-roofing Beach Pavilions).
{~HANGE ORDER #I/FLORIDA BLACKTOP (SE/SW ROADWAY
IMPROVEMENTS: Approve Change Order #1 to Florida Blacktop in the amount of
$109,762.59 for the completion of the SE/SW Infrastructure Improvements.
Funding is available in the amount of $66,357.58 from 441-5181-536-69.22 (SE 7~
Avenue), and in the amount of $43,405.01 from 370-3162-541-63.45 (2000 Road Bond-
SE/SW Area Improvements).
CONTRACT ADDITION (C.O. #1)/SONIC ENGINEERING
(SOUTHRIDGE/SUNSET/ALBATROSS/ROADWAY INFRASTRUCTURE
IMPROVEMENTS CONTRACT); Approve a Contract Addition (C.O. #1) in the
amount of $107,351.50 to Sonic Engineering for approximately 2.205 L.F. of gravity
sewer main replacement for the Lake Ida Road improvement project. Funding is
available from 442-5178-536-61.51 W&S/Sewer Mains).
SERVICE AUTHORIZATION NO. 10/MATHEW'S CONSULTING (WATER
MODEL OF DISTRIBUTION SYSTEM); Approve Service Authorization No. 10
to Mathew's Consulting for professional engineering services in the amount of
$107,164.75 for preparation of a computer model of the water distribution system.
Funding is available from 442-5178-536-31.90 (W&S Other Professional Services).
SPECIAL EVENT REOUEST/12'~ ANNUAL HARVEST FEST: Approve a
special event request to hold the 12a' Annual Harvest Fest on November 17th and 18~'
from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver
of the 2-hour parking limits at various parking lots, staff support for security, traffic
control and event signage.
REVIEW OF APPE,~I.A.BLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 1, 2001 through October 12, 2001.
10-16-01
M. AWARD OF BIDS AND CONTRACTS:
Purchase award for an estimated annual cost of $91,575.00 to Praxair Inc. for
Liquid Carbon Dioxide (Co2) via the City of West Palm Beach Bid #00/01-51.
Funding is available from 441-5122-536-52.21 (W&S Chemicals).
Award of bid in the estimated annual cost of $75,000.00 to AMPS, Inc. for
production well rehabilitation for various wells located within the City. Funding
is available from 442-5178-536-63.97 (W&S Repair & Replacement Fund).
Bid award for an estimated annual cost of $15,000.00 to Allied Universal
Corporation for the purchase of Hydrofluosilcic Acid. Funding is available
from 441-5122-536-52.21 (W&S Chemicals).
Contract renewal for an estimated annual cost of $35,000.00 to Colonna Asphalt
Restoration Inc. for asphalt and concrete repairs to various locations within the
City. Pricing via Broward County contract #H-D-98-280-M1, funding is
available from 441-5123-536-34.90 (Other Contractual Services).
Purchase award to Flowserve US Inc. in the amount of $41,500.00 for new
water main line stop equipment via based on prices from an existing City of
Lauderdale purchase order. Funding is available from 441-5123-536-64.90
(W&.S Other Machinery & Equipment).
Bid award in the amount of $51,300.00 to Accurate Tennis for the resurfacing
of six (6) clay courts at the Delray Beach Tennis Center. Funding is available
from 334-4145-572-63.90 (General Construction/Other Improvements).
MODIFICATION AND EXTENSION AGREEMENT/CHILDREN'S
SERVICES (~OUNCIL: Approve the Modification and Extension Agreement
between the City and the Children's Service Council for grant funding in the amount of
$124,680 in support of the Park's & Recreation Out-of-School Youth
Recreation/Enrichment program, subject to review and approval by the City Attorney.
REGULAR AGENDA:
EXTENSION REOMEST FOR CONDITIONAL USE APPROVAL/DRUG
ABUSE FOUNDATION); Consider approval of an extension of a conditional use
modification request to allow the construction of an 80-bed dormitory for the Drug
Abuse Foundation, which is located at the Southwest Comer of Swinton Avenue and
SW 4th Street.
REOUEST TO WAIVE LIEN INTEREST: Consider a request from Mr. Don
Johnson, 338 NW 4th Avenue, to waive the interest accumulated ($258.70) on a lien
against his recently acquired property. Mr. Johnson is prepared to pay the remaining
lien of $746.13, which includes the City's out-of-pocket expenses.
AMENDMENT NO. 2/DI. IBIN {k ASSOCIATES, INLY, (TENNIS CENTER
MANAGEMENT AGREEMENT): Consider approval of Amendment No. 2 to the
Tennis Center Management Agreement with Dubin & Associates, Inc., reducing the
management fee by approximately $25,000 per year or a fee of $2,083 per month
effective November 1, 2001.
10-16-01
10.
D0
REOUEST ADDITIONAL RATE C~TE(3ORY/MUNICIPAL GOLF
COURSE (PALM BEACH COUNTY RESIDENT RATE); Consider a request to
include an additional rate category at the Municipal Golf Course for Palm Beach County
Residents.
Eo
AT{kT SITE LEASE AGREEMENT AMENDMENT NO, 2; Consider approval
of Amendment No. 2 to the Site Lease Agreement between the City and AT&T,
providing for an increase of the number of antennas on the water tower, increasing the
rent structure and clarifying AT&T's responsibility for all taxes.
Fo
BID REJECTION/& CHANGE ORDER #I/GTE BUILDERS (CITY
MARINA SF~kW,~I.L IMPROVEMENTS): Consider rejection of the only bid
received for the seawall and dock repair at the City Marina (Custom Built Marine
Construction in the amount of $116,790.00), and approve Change Order #1 in the
amount of $76,162.00 to the contract with GTE Builders. Funding is available from
426-4311-575-65.23 (City Marina Renovations).
AUTHORIZATION TO APPEAL/DHARMA (BLOCK 77): Consider giving the
City Attorney authorization to appeal the order granting Dharma the right to amend its
State Case concerning a consistency with Comprehensive Plan Challenge in the Block
77 matter.
Ho
SPECIAL EVENT REOUEST/5~ ANNUAL FIRST NIGHT-2002; Approve a
special event request to hold the 5th Annual First Night-2002 event on December 31,
2001 from 4:00 p.m. to midnight. To grant a temporary use permit, the closure of
streets, use of facilities, allow event signage, staff support and waiver of overtime costs
and facility rental charges.
DIFFERENTIAL PAY/MILITARY RESERVIST DUTY; Consider
recommendations regarding differential pay for employees called up for Active Military
Reservist Duty.
PUBLIC HEARINGS:
ORDINANCE NO. 57-01: An ordinance amending Chapter 101 (Municipal Parks,
Beach and Other Recreational Sites), by amending Section 101.27 (Animal Regulations)
to allow for animals on the sidewalk and grassy area west of the dune line on the east-
side of A- 1-A.
REQUEST FOR WAIVER OF CITY ORDINANCE (ABC CARPET &
HOME): Consider a request from ABC Carpet & Home, 777 South Congress Avenue,
for a waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the City's Land
Development Regulations. The City will consider waiving the provisions of the code
that state flat wall signs must face dedicated street frontage, and also limits the total
number of signs allowed on the project site. (Quasi-Judicial Hearing)
C0
ORDINANCE NO. 55-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) to accommodate an off-street parking lot for
10-16-01
11.
12.
13.
Donnie's Golden Spoon Restaurant located on the east side of NW 6'~ Avenue,
approximately 300 feet north of West Atlantic Avenue. (Quasi-Judicial Hearing)
CONDITIONAL USE REOUEST: Consider a conditional use request
to establish a privately operated parking lot for Donnie's Golden Spoon
Restaurant located on the ease side of NW 6th Avenue, approximately 300'
north of West Atlantic Avenue.
Do
ORDINANCE NO. 53-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations Section 4.4.902))
(Conditional Uses and Structures Allowed), Section 4.4.9(F)(2) (West Atlantic Avenue
Overlay District Standards), and Section 4.4.9(G)(1) (West Atlantic Avenue Overlay
District Supplemental District Regulations), for the GC (General Commercial) Zone
District, implementing recommendations in the West Atlantic Avenue Redevelopment
Plan.
E0
ORDINANCE NO. 56-01: An ordinance amending Land Development Regulations
Section 4.3.3(0,) regarding the definition and size of Guest Cottages, pursuant to
Section 2.4.5(M).
Fo
RESOLUTION NO. 62-01: Consider approval of Resolution No. 62-01 authorizing
the acquisition of property located generally West of Barwick Road, North of the L-31
Canal, South of the L-30 Canal and East of Military Trail.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
10-16-01
WHEREAS, the Pompey Park Youth Tennis Team is sponsored by the De[ray Beach Parks
and Recreanon Department and the players proudly represent the City of Delray Beach; and
WHERF..AS, 15 players, ages 14 years and under of the State of Florida Youth Teams
District 6 advanced to the USTA 2001 USA Team Tenms State Championships playoffs held July 27
through July 30, 2001, m Ial~eland, Flo,ida; and
WHERF_.~, the State of Florida Youth Tennis District 6 Team Members representing
De[ray Beach are, Jermaine Bouie, Kayla Cox, Btandon Dowel, Marco Garcia, Sophonie Giddlna,
Alexander Gonzales, Emmanuel Gonzales, Phillo Gordon, Jennifer Jimenez, Merissa Leal, Lori
Oxidine, Marion Reis, Gabriella Saleron, Elio Soloty, and Lakia Wilson, they are coached by Bill
Murray; and
WHEREAS, the Pompey Park 14 years and under of the State of Florida Youth Tenms
D~smct 6 Team Members finished fourth overall m the USTA 2001 USA Team Tennis State Champions}up
m Lakeland, Florida; and
WHEREAS, the Pompey Park 14 years and under of the State of Florida Youth Tennis
Dlsmct 6 Team Members advanced to the second round of the USTA 2001 USA Team Tenms League
Champions}up against the Soul Rippers 14 years and under of Aubumdale, Florida; and
WHEREAS, the Pompey Park 14 years and under of the State of Florida Youth Tenms
Dlsmct 6 Team Members advanced to the third round of the USTA 2001 USA Team Tennis League
Champions}up against the Brothers m Arms 14 years and under of Lakeland, Florida, and
WHEREAS, the Pompey Park 14 years and under of the State of Florida Youth Tenms
Dlsmct 6 Team Members advanced to the final round of the USTA 2001 USA Team Tenms League
Champions}up against the Misfits 14 years and under of Ocala, Florida; and
WHEREAS, the parents, friends and supporters of the Pompey Park 14 years and under of
the State of Florida Youth Tenms D~smct 6 Team Members represented the City of De[ray Beach m
support of the accomphshments of these young men and women and thezr coach.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of De[ray Beach,
Florida, on behalf of the City Corrmussion, do hereby proclann the Pompey Park Youth Tenms Team to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND GOOD SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA"
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed t}us 16e' day of October, 2001.
DAVID W. SCHMIDT
MAYOR
Date: October 8, 2001
AGENDA REQUEST
Request to be placed on:
Consent Agenda x Regular Agenda
~fhen: October 16, 2001
Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much): Request approval
of, and Mayor to sign,.Proclamation honoring Pompey Park Youth Tennis Team's
performance in the USTA 2001 USA Team Tennis State Championships held July 27-30,
2001 in Lakeland, Florida.
DepartmentHea~A .~
Signature: ~[/L/"
City Attorney Revi~,~vfRecommendation (if applicable).'
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: Yes / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
EXHIBIT A
WHEREAS, city government is the government closest to most citizens,
and the one with the most direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is
dependent upon public commitment to and understanding of its many
responsibilities; and
WHEREAS, city government officials and employees share the
responsibility to pass along their understanding of public services and their
benefits; and
WHEREAS, Florida City Government Week is a very important time to
recognize the important role played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word
to all the citizens of Florida that they can shape and influence this branch of
government which is closest to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined
together to teach students and other citizens about municipal government
through a variety of different projects and information; and
WHEREAS, Flodda City Government Week offers an important opportunity
to convey to all the citizens of Florida that they can shape and influence
government through their civic involvement.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim October 21,
2001 through October 27, 2001 as
FLORIDA CITY GOVERNMENT WEEK
in the City of Delray Beach, Florida. All citizens, city government officials and
employees are encouraged to do everything possible to ensure that this week is
recognized and celebrated accordingly, and to encourage educational
partnerships between city government and schools.
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 16th day of
October, 2001.
DAVID W. SCHMIDT
MAYOR
] Sample Resolution
/ Florida City Government Week
A RESOLUTION OF THE CITY OF RECOGNIZING C1TY GOVERNMENT WEEK,
C.,CTOBE.~- i_- £?, 1999, AND ENCOURAGING ALL ciTr-~NS TO SUPPORT THE CELEBRATION
...)AND CORRESPONDING ACTIVITIES.
WHEREAS, city government is the government closest to most citizens, and the one with the most direct
daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent upon public
commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass along their
understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the important role
played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that
they can shape and influence this branch of government which is closest to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and
other citizens about municipal government through a variety of different projects and information; and
WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens
of Florida that they can shape and influence government through their civic involvement.
NOW, THEREFORE BE 1T RESOLVED BY THE CITY OF
AS FOIJ.OWS:
Section 1. That the City of does encourage all citizens, city government officials and employees
to do everything possible to ensure that this week is recognized and celebrated accordingly.
Section 2. That the City of
and schools.
does encourage educational partnerships between city government
Section 3. That the City of does support and encourage all city governments to actively
promote and sponsor '~'lodda City Government Week."
PASSED AND ADOPTED by the City of
WHEREAS, Epilepsy, also known as Seazure Disorder, has af~cted mankind and been recograzed since the
earhest medical writings; and
WHEREAS, as long ago as 400 B.C., Happocrates, the Father of Medicine, repudiated anoent behefs that
Epilepsy was a msitatton from the gods and sacred or that It was a curse from the gods that people afflicted with flus
disorder hdd propheuc powers. Hippocrates beheved that Epilepsy was a brain disorder; and
I~I-IERF.,AS, a seizure is a sudden, brief attack of altered consciousness, motor acuv~ty or sensory
phenomena. It ~s a sign that certain brain cells (neurons) are &schargmg an excessive amount of elecmcal impulses,
and
WHERE, AS, Epilepsy can be caused by mlury to the brain, lack of oxygen at btrth, beam tumor, infection
and bt'am hemorrhage. In stxty percent of the cases, the cause Is unknown; and
WHEREAS, Epilepsy can affect anyone, at any age and at any rune; and
WHEREAS, more than two nullion Americans are affhcted vath some type of Epilepsy. Of fins number,
150,000 are Florida residents, and
WHEREAS, with the adrmmstratton of anuconvulsant drugs, two-tiro'ds (66.66%) of those affhcted with
Epdepsy are drug controlled; and
WHEREAS, lack of educatton about tbas disorder has conmbuted to age old myths, supersuuons and
preludices, and
WHEREAS, the stigma assooated vath tins chsorder ~s somenmes worse than the disorder itself; and
WHEREAS, people who have Epilepsy make rehable and consctenuous workers m lob performance,
producnvity, safety, cooperauon and attendance; and
WHEREAS, studies carried out m the Umted States over the past tlurty years have indicated that of all
chsabzhttes, Epilepsy poses the greatest bamer to employment with unemployment rates esttmated to fall between
twenty and twenty-five percent; and
WHEREAS, Epilepsy should not be a bamer to success. In adchnon to the normal requtrements for
success, a person who has Epilepsy needs a supporuve environment and employers who are willing to g~ve them an
opportumty to become producuve cmzens.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf
of the City Comrmsstnn do hereby proclann November, 2001, as
NATIONAL EPILEPSY AWARENESS MONTH
in the City of Dekay Beach, Florida, and urge all of its otxzens to become aware of this chsorder and encourage those
affhcted to take thesr rightful place tn society and become producuve cmzens.
IN WITNESS ~Iff"IEREOF, I have hereunto set my hand and caused the Offictal Seal of the Caty of Delray
Beach, Florida, to be affLxed flus 16* day of October, 2001.
DAVID W. SCHMIDT
MAYOR
7L
COMMI'I-I'FE FOR FPILFPSY AVVARENESS
6670 ROYAL PALM BLVD
BLDG. K APT. 302
MARGA'I'F, FLORIDA 33063-2189
3erry Pizza, Chairman
(954) 984-8319
Bill Naulty, Secretary
(561) 798-2798
October, 2001
The month of November is "NATIONAL EPILEPSY AWARENESS MONTH". The
Committee for Epilepsy Awareness would greatly appreciate your assistance in helping
bring about an awareness of this disorder.
Due to lack of correct information and an abundance of misinformation, people afflicted
with Epilepsy have been discriminated against in all walks of life.
It is our goal to remove the ancient myths, superstitions and prejudices associated with
this disorder and educate people as to what Epilepsy is and what Epilepsy is not.
Enclosed, please find a copy of our resolution. If your municipality participates in our
awareness campaign, please send a copy of the resolution or proclamation to:
Jerry Pizza- Chairman
Committee for Epilepsy Awareness
6670 Royal Palm Blvd.
Bldg. K. Apt. 302
Margate, Florida 33063-2189
Thank you in advance for your interest in and concern for people afflicted with Epilepsy.
Sincerely,
Jerry Fizza
Chairman
COMMITTEE FOR EPILEPSY AVVARENESS
Jerry Pizza - Chairman
(954) 984-8319
William C. Naulty- Secretary
(561) 798-2798
RESOLUTION DECLARING NOVEMBER, 2001 AS
NATIONAL EPILEPSY AWARENESS MONTH
WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the
dawn of our species and has been recognized since the earliest medical writings, and
WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated
ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a
curse from the gods that people afflicted with this disorder held prophetic powers.
Hippocrates believed that Epilepsy was a brain disorder, and
WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or
sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an
excessive amount of electrical impulses, and
WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain
tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is
unknown, and
WHEREAS, Epilepsy can affect anyone, at any age and at any time, and
WHEREAS, more than two million Americans are afflicted with some type of Epilepsy.
Of this number, 150,000 are Florida residents, and
WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of
those afflicted with Epilepsy are drug controlled, and
WHEREAS, lack of education about this disorder has contributed to age old myths,
superstitions and prejudices, and
WHEREAS, the stigma associated with this disorder is sometimes worse than the
disorder itself, and
WHEREAS, people who have Epilepsy make reliable and conscientious workers in job
performance, productivity, safety, cooperation and attendance, and
WHEREAS, studies carded out in the UNITED STATES over the past thirty years have
indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with
unemployment rates estimated to fall between twenty and twenty-five percent.
WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal
requirements for success, a person who has Epilepsy needs a supportive environment and
employers who are willing to give them an opportunity to become productive citizens.
Be it resolved, that the governing body off
does hereby declare the month of November as National Epilepsy Awareness Month.
Be it further resolved, that a copy of the Resolution or Proclamation be sent to the
Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302,
Margate, Florida 33063-2189
WHEREAS, the Delray Beach Orchid Society will hold it's 11'~ Annual Show
on October 26*, 27* and 28*, 2001, in the Old School Square gymnasium; and
WHEREAS, the theme of this year's show is: "A TIME FOR ORCHIDS"
to encourage everyone to take the time to enjoy one of nature's most glorious gifts;
and
WHEREAS, Delray Beach Police Chief Larry Schroeder and Fire Chief Kerry
Koen, will be honored as this year's Honorary Chasrpersons in appreciation for and
recognition of the heroic services performed by the men and women of their
departments for our community day in and day out, not only in times of emergencies
and trageches; and
WHEREAS, drawings by children from Spady Elementary and Unity School
~ be chsplayed at the show as a way of introducing young people to the wonderful
world of orchids awaiting them right here m one of the best places in the world to
grow them; and
WHEREAS, the Delray Beach Orcbad Society, founded in 1975, is affiliated
with the American Orchid Society and shares the purpose of promoting the
enloyment of and educauon concerning orchids, as well as their conservation and
preservation m the wild in all areas of the globe; and
WHEREAS, the Delray Beach Orchid Society's annual show is recognized as
the best small show in the State of Florida.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby encourage all
CltLzens tO come to and support the
DELRAY BEACH ORCHID SOCIETY'S 11TM ANNUAL SHOW
"A TIME FOR ORCHIDS~
to be held at the Old School Square gynmasium on October 26', 27* and 28', 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Flor;da, to be affixed this 16' day of
October, 2001.
DAVID W. SCHMIDT
MAYOR
g~alty Services
Mort~ge Services
For Every Real Estate Reason
For more info, marion about Al-vida Realty Services~
and our Real Estate Services partners, please call us at
(561)278-0300 (phone) (561) 243-3811(fax)
or visit us on-line at ArvidaRealty. com
Delray Beach Office located at
1185 E. Atlantic Ave.
Delray Beach, Florida 33483
DATE:
TO:
/~)~ -~ - d~)/ # of pages includi0g cover sheet:
7~;ply ASAP Please comment
FROM: ,.
[--'] Urg?/n~ ~ For your review ~-]
Message'
tis facsimile contains CONFIDENTIAL INFORMATION which also is LEGALLY PRIVILEGED and which is intended only for
.' use of the addressee(s) named If you are not the intended recipient, you are hereby notified that any dissemination or copying of
~s facs,m~le ts strictly prohibited. If you have received in error, please immediately notify us by telephone
d return the original facsimile to us at the address above via the United State~_Postal .qervi,-~.e T~,o,,t- .....
WHEREAS, the Delray Beach Orchid Society will hold its 11th Annual Show
on October 26th, 27tb and 28ta 2001 in the Old School Square gymnasium; and
WHEREAS, the theme of this year's show is: "A TIME FOR ORCHIDS" to
encourage everyone to take the time to enjoy one of nature's most glorious gifts; and
WHEREAS, Delray Beach Police Chief Larry Schroeder and Fire Chief
Kerry Koch. will be honored as this year's Honorary Chairpersons in appreciation
for and recognition of the heroic services performed by the men and women of their
departments for our community' day in and day out, not only in times of
emergencies and tragedies; and
WHEREAS, drawings by children from Spady Elementary and Unity School
will be displayed at the show as a way of introducing young people to the wonderful
world of orchids awaiting .them right here in one of the best places in the world to
grow them; and
WHEREAS, the Deiray Beach Orchid Society, founded in 1975, is affiliated
with the American Orchid Socie~ and shares the purpose of promoting the
enjoyment of and education concerning orchids, as well as their conservation and
preservation in the wild in all areas of the globe; and
WHEREAS, the Delray Beach Orchid Society's show is recognized as the
best small show in the State of Florida;
NOW, THEREFORE, 1, DAVID W. SCHMIDT, Mayor of the City of Deiray
Beach, Florida, on behalf of the City Commission, do hereby encourage all citizens
to come to and support the
DELRAY BEACH ORCHID SOCIETY'S 11TM ANNUAL SHOW
"A TIME FOR ORCHIDS"
to be held at the Old School Square gymnasium on October 26t~, 27tb and 28th 2001.
IN WITNESS WHEREOF ETC ............................
10~62'01 TUE 16 24 FAX 561 243 3774 CITY CLERK [~001
*** TX REPORT
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS SENT
RESULT
1231
10/02 16:23
01'07
2
OK
92433811
F O(
Tel
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
t00 N.W. 1" Ave
Delray Beach FL 33444
(561) 243-'/'050- Fax (561) 243-3774
TO:
FROM'
[] Urgent
Gloria Galloway
FAX NUMBEI~ _
NAME OF SENDER
DIRECT PHONE LINE
OUR FAX
243-3gl 1
Kamen Schcll, Executive Assistant/Board Limsom
(561) 243-7056
(561) 243-3774
7
TOTAL NI. rlvEBER OF PAGES (including cover sheet)
[] For Review [] Please Comment [] Please Reply
[] Plesse Recycle
COMMENTS:
Enclosed is the proclamation for the Delray Beach Orchid Society from last year. Please
~nake mW changes and forward back to me no later than October 11, 2001. If received
by this t, me ffmne, it will be presented to the City Conmfission on their meeting of
October 16, 2001. The next meeting after that is in November 2001
Thank you,
RESOLUTION NO. 63-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
JACK CEASAR FOR THIRTY YEARS OF DEDICATED SERVICE TO
THE CITY OF DELRAY BEACH.
WHEREAS, Jack Ceasar was hired by the City of De[ray Beach on October 15, 1971; and
WHEREAS, on October 15, 2001, Jack Ceasar reached a milestone in his career, having
achieved thirty (30) years of continuous, full-time service with the City of Delray Beach; and
WHEREAS, during the past thirty years, Jack has been a dedicated and loyal employee, gifted
with wisdom, serving as a mentor to his peers, a counselor to his managers, an encourager and a leader, always
exhibiting a positive "can do" attitude; and
WHEREAS, the City of De[ray Beach and the Parks and Recreation Department are honored to
have Jack Ceasar as an employee. We fed especially proud of his work effort and contributions to the City, and
recognize the fact that he ~s known throughout the parks maintenance community for his thorough working
knowledge on a variety of subjects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes and
commends Jack Ceasar for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks and
appreciation to Jack Ceasar for his many years of service, and further wishes him the best of health and
happiness as he continues his career with the City of De[ray Beach.
PASSED AND ADOPTED in regular session on this the 16~h day of October 2001.
ATTEST:
MAYOR
CITY CLERK
TO:
THRU:
FROM:
SUBJECT:
CiTYCOMMISSION~' .... ~ ~' DOCUMENTATION'~ ~ ~, ..... ~ .................. ~
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT/??'~
K~~ION COORDINATOR
MEETING OF OCTOBER 16, 2001
CONSIDERATION OF ADOPTION OF THE DELRAY SHORES/SUDAN
NEIGHBORHOOD ACTION PLAN
The Delray Shores/Sudan subdivision Neighborhood Action plan is the first of a series
of plans taking a comprehensive approach to community building through a Strategic
Task Team approach.
The Delray Shores/Sudan subdivision Task Team was initiated in November of 2000.
The team was made up of neighborhood volunteers and the City of Delray Beach Staff
to address residents concerns and make improvements to the neighborhoods to help
increase the quality of life and property values. During the initial meetings the committee
presented a list of their needs and concerns, which have been broken down into the five
following areas:
· Crime and Safety
· Community Facilities
· Housing and Code enforcement
· Landscape and Beautification
· Streets, Sidewalks and Drainage
The enclosed plan describes the results of the various studies, actions already taken,
and the plan of action for the neighborhoods. Given the costs associated with the
neighborhood improvements and construction logistics, the improvements for the
neighborhoods have been phased over a three-year period (see attachment).
By motion, adopt the Delray Shores/Sudan Neighborhood Action Plan
Attachments:
· Budget
· Action Plan
Delray Shores/Sudan Cost Estimate of Improvements
lll llll l l
Sudan Median -
Landscaping Poinsettia BIvd Median and Davis Road $12,000
Approx. 1 street tree/lot located
Sudan Street Trees throughout the neighborhood $2,500
Mailbox and Post (20 x $90) plus
Sudan Mailboxes ceramic house numbers (~288) $2,088
Location at the end of Poinsettia Blvd
Sudan Tot Lot (Equipment, Fence and Play Surface) $15,000
Sudan Sidewalk Bishop and Ross Drives
illlll iSliii ll 'ii IIII
Traffic Calming See Map (includes Landscape
Measures Associated with Traffic Calming) $63,000
Along Davis Road and Angler Drive
Driveway Aprons (16 x $1,200) $19,200
Delray Shores Improve Existing and Install new as
Sidewalk necessary $27,000 $48,920 $23,420
Improvements ($15/LF x 1,800LF) (3,261 LF) (1,561 LF)
Mail Box and Post with house numbers
Mail Boxes (180 x $90) $16,200
Street Tree Planting Approx. 1 street tree/lot located
Plan/Delray Shores throughout the neighborhood $25,000 $25~000
Landscape Entry Intersection of Udell Lane and
Feature Davis Road $20,000
Landscape Maintenance of entry feature $6,000 $6,000
Bootstrap Program Exterior Home Improvements $60,000 $50,000 $35,000
(UDAG Fundin[t) Sudan/Delray Shores {$5,000/property) . (12 ) {10) {7)
Sudan Entry Sign
(neighborhood {grant) Entry sign(s) Sudan at Poinsettia Blvd. $2,500
Delmy Shores Entry
Sign (Neighborhood At the intersection of Davis Rd/Udell $5,000
Grant l Lane and Lake Ida Road
Grand Total: $492,068
*Note: Landscape Upgrades and Drainage Improvements will be assessed in Phase II with
Improvements completed in Phase
35
Date: 10/10/01 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
~ Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: 10/16/01
Description of agenda item (who, what, where, how much):
Considerauon of Adoption of the Delray Shores/Sudan Neighborhood Acnon Plan
Department Head
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Yes / No Initials:
Funding Available:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
(if applicable)
Approved for Agenda: ~ No
Initials:
Hold Until:
Agenda Coordinator Review:
Received:
EXHIBIT A
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM g~rflr' - REGULAR MEETING OF OCTOBER 16~
2001
RESOLUTION NO. 64-01 {VERIFYING THE CITY'S COMMITMENT TO
PROVIDE A 50% MATCH FOR THE HISTORIC DISTRICT DESIGN
DATE:
GUIDELINES GRANT)
OCTOBER 12, 2001
At the September 19th City Commission meeting the Fiscal 2001-2002 budget for the City was
approved which included a $6,000.00 match for development of Historic District Design
Guidelines. The estimated task cost is $12,000.00 and this represents a 50% match. Staff applied
for a matching grant ($6,000.00) from the Division of Historic Resources Division of the State of
Florida and they have requested adoption of a resolution verifying the City's commitment.
Recommend approval of Resolution No. 64-01 verifying the City's commitment to the 50% match
grant for development of Historic District Design Guidelines project.
Reft Agrnemoi 4.Res.64.01 Historic District Design Guidelines. 10. ! 6.01
RESOLUTION NO. 64-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VERIFYING THE CITY'S COMMITMENT
TO PROVIDE A 50% MATCH FOR THE HISTORIC DISTRICT DESIGN
GUIDELINES GRANT; AND AN EFFECTIVE DATE.
WHEREAS, the City desires to receive a Historic Preservation Grant to develop Historic
District Design Guidelines with an estimated task cost of $12,000; and
WHEREAS, the City has requested a $6,000 matching grant from the Division of Historic
Resources Division of the State of Florida; and
WHEREAS, the Division of Historic Resources has requested adoption of a resolution verifying
the City's commitment to provide a 50% match for the grant requested; and
WHEREAS, on September 19, 2001, the Fiscal 2001-2002 budget for the City of Delray Beach
was approved and adopted by the City Commission and included a $6,000 match for the development of
Historic District Design Guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby commits to provide a
50% match ($6,000) to the estimated $12,000 task cost of developing Historic District Design Guidelines.
Section 2. That the budget for fiscal 2001-2002 provides for funding of a $6,000 match for
developing the Historic District Design Guidelines Grant.
Section 3. That this Resolution shall become effective mediately upon approval by the City
Commission.
PASSED AND ADOPTED in regular session on this the 16th day of October, 2001.
ATTEST:
MAYOR
City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~7'i~ - REGULAR MEETING OF OCTOBER 16~ 2001
RESOLUTION NO. 65-01 (ESTABLISHING THE ELDER READY TASK
FORCE)
OCTOBER 12, 2001
At the August 7, 2001 meeting City Commission passed Resolution No. 48-01 supporting the
Department of Elder Affairs initiative to make Florida Elder Ready, endorsing the Elder Ready
Community Program and it's goal of allowing elders to maintain their dignity, security, and
independence.
At the Commission Workshop of October 9, 2001, a proposed resolution was presented to the
Commission, which would establish an Elder Ready Task Force. Two minor changes were made
to the draft, the first clarifying that the Mayor would appoint the Chairperson from the fifleen (15)
members appointed, and the second that the Task Force would meet at a minimum of once a
month or as required. It was the consensus of the Commission to proceed with this project with
Commission making their appointments at the November 6, 2001, Regular Commission meeting.
Recommend approval of Resolution No. 65-01 establishing the Elder Ready Task Force.
Ref.'Agmemo 14.Res.65.01 Elder Ready Task Force. i 0.16.01
RESOLUTION NO. 65-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING AN ELDER READY TASK
FORCE FOR THE PURPOSE OF CREATING AN ELDER READY
REPORT; AND AN EFFECTIVE DATE.
WHEREAS, on August 7, 2001, the City Commission of the City of Delray Beach adopted
Resolution No. 48-01 supporting the Elder Ready Community Program; and
WHEREAS, in order to allow elders to maintain their dignity, security and independence,
communities must assess and evaluate their infrastructure and service programs; and
WHEREAS, the City Commission of the City of Delray Beach is desirous of receiving input and
assistance from a cross section of the community in developing the Assessment and Elder Ready Report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there hereby is established an Elder Ready Task Force, which shall prepare an
assessment and report on the City's readiness to better accommodate our senior citizens and their way of life.
Section 2. That the Elder Ready Task Force shall consist of fifteen (15) members with
representation of Senior Citizens, the Community at Large, the Chamber of Commerce, Florida Silver Haired
Legislature, Community Neighbors Helping, Chaplains Association, Hospitals, Police Department, Fire
Department, and Parks and Recreation Department, with each member of the City Commission appointing
three (3) members to the Task Force and the Mayor appointing the Chairperson from the membership.
Section 3. That this Task Force shall meet at a minimum of once per month or as required.
Section 4. That the City Manager shall provide necessary staff support.
Section 5. That the Elder Ready Task Force shall immediately pursue its assigned task with a
target date of accomplishing said task by November 1, 2002.
Section 6. That the Elder Ready Task Force shall disband upon the discharge of its assigned task
by, November 1, 2002, unless otherwise extended by action of the City Commission.
PASSED AND ADOPTED in regular session on flus the 16th day of October, 2001.
ATrEST:
MAYOR
City Clerk
TO:
THRU:
FROM:
PAUL DORLING, DI~;TOR OF PLANNING AND ZONING
MICHELLE E. HOYLAND, SENIOR PLANNER
SUBJECT:
MEETING OF OCTOBER 16, 2001 **CONSENT AGENDA**
ACCEPTANCE OF A LIMITED ACCESS EASEMENT
ASSOCIATED WITH 701 NW 2"~ AVENUE.
AGREEMENT
The action requested of the City Commission is acceptance of a Limited Access Easement
Agreement associated with 701 NW 2nd Avenue. The property is located on the northeast
corner of NW 2nd Avenue and NW 7th Street.
The subject property consists of Lots 20, 21 & 22, Block 2 (Lake View Heights) together with the
west 8 feet of a vacated alley and is zoned R-l-AA. The front of the house faces and is
addressed on NW 2® Avenue. Pursuant to LDR Section 4.3.4(E)(3), frontage for corner lots is
the side having the narrowest dimension along a street. Therefore, NW 7th Street is considered
the front while the home and driveway are oriented towards NW 2® Avenue.
The property owners are interested in constructing a pool on the south side of their home
adjacent NW 7th Street. If frontage is deemed to be NW 7th Street the front setback is 30 feet
which would not allow construction without encroaching into the required setback. Section 4.3.4
(E)(4) states if a limited access easement runs the length of the lot, then the lot frontage shall be
the part of the lot without such access limitations. The owners are proposing a limited access
easement along NW 7th Street which would make the property line along NW 2® Avenue their
frontage. This would allow construction of the pool without encroachment into the required 15'
side street setback.
By motion, accept the Limited Access Easement Agreement associated with 701
Avenue.
Attachments:
Location Map
Limited Access Easement Agreement
NW 2nd
I I
II
N.W.
I
9TH
ST.
Ed N.W. 8TH ST.
SITE
:~ N.W. 7TH ST. ~
· N.W. ST.
N
CITY OF DEL.RAY BEACH. FL
PLANNING &: ZONING DEPARTMENT
PROPOSED 10' LIMITED ACCESS EASEMENT
701 NW 2ND AVENUE, LOTS 20, 21, AND 22, BLOCK 2 (LAKE VIEW HEIGHTS)
TOGETHER WITH THE WEST 8 FEET OF VACATED ALLEY
--- DIGIT,4L 8,,45E it,lAP SYS?Elii -- IviAP REF: LM550
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
LIMITED ACCESS EASEMENT AGREEMENT
This Limited Access Easement Agreemem, made this __ day of ,200_,
by and between THOMAS Y. & BRENDA K. WOTHERSPOON, with a mailing address of
701 N.W. 2nd Avenue, Delray Beach, Florida and the CITY OF DELRAY BEACH, with a
mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida:
WHEREAS, Section 4.3.4(E)(3) of the Land Developmem Regulations of the Code of
Ordinances of the City of Delray Beach provides, for corner lots, the side having the least
street frontage shall be the front for setback purposes; and
WHEREAS, this property is a corner lot and the side having the least street frontage is
adjacent to N.W. 7th Street; and
WHEREAS, frontage on N.W. 7th Street is impracticable in this case due to the setback
requirements; and
WHEREAS, Section 4.3.4(E)(4) provides if a limited access easement runs the length of
the frontage on a street, then the front of the lot shall be on a f,-ontage without such access
limitations; and
WHEREAS, the property owner wishes to have a limited access easement agreemem
over the side of the lot adjacent to N.W. 7th street in order to have frontage on N.W. 2nd
Avenue.
NOW, THEREFORE, in consideration of $10.00 and other valuable consideration,
receipt and adequacy and sufficiency of which is hereby acknowledged, the parties intending to
be legally bound, do hereby agree as follows:
1. That the recitals heretofore set forth are tree and accurate and incorporated herein
by reference.
2. That the Limited Access Easement is needed so that the frontage of the property
described in Exhibit "A" will be on N.W. 2nd Avenue.
3. The Limited Access Easement covers the area described in Exhibit "B".
4. Property Owner and City agree that this Limited Access Easement Agreement
shall be recorded in the Public Records of Palm Beach County, Florida and shall run with the
land. The Limited Access Easement granted herein shall not be transferred, assigned, sold or
otherwise conveyed except in conjunction with the transfer or sale of the subject property.
5. This agreement shall be construed and governed in accordance with the laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida. All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be
more strictly construed against any one of the parties hereto.
6. This agreement may not be changed, altered or modified except in writing signed
by both parties. This agreement shall be binding upon the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their
hands and seals the day and year first above written.
WITNESSES:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ///-r'Aday of
(,._,'~,_, ~_gT~-~ __,.200Lby Thomas Y. Wotherspoon. He/She is personally known to me or has
/produced as identification. ,~~ ~//~
Signature ~_~~ Public,/~tate
of Flori$1ii
2
STATE OF FLORIDA
COUNTY OF PALM BEACH
pt-oduced
foregoing instrument was acknowledged before me this .,//'~ day of
,200_/by Brenda K. Wotherspoon. He/She is personally known to me or has
as identification.
ATTEST:
S iogfnaF~u i~d] Notary ~b'lic - Sta~e
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
By:
David Schmidt, Mayor
Approved as to Form:
By: ~~
/~.City Attorney
Fod~ D
u ~ h,lu ~ t56,1~F_.P
#
R=2$,OO'A =~0 08'53"
L,=3~.$3'
141.58'
Fou ~1 p 4~'4,
~M
/¢//4/
BEARINGS SHOWN ItEREON ARE RELATIVE TO PLA T
AND ARE ASSUMED.
NO ABSTRACT OR TITLE SEARCll WAS PERFORMED
TO DISCOVER THE EXISTENCE OF ANY EASEMENTS
OR RESTRICTIONS OF RECORD.
ELEVATIONS SI/OWN HEREON ARE BASED ON
NATIONAL GEODETIC VERTICAL DATUM OF 1929
UNLESS OTHERWISE NOTED.
Exhibit ..
LOT20
/7'
141.58'
BLOCK 2
¢od~4 p
R=2$.OO' ffl =90 08'53"
L=39.$3'
I
BEARINGS SHOWN HEREON ARE RELATIVE TO PLAT
AND ARE ASSUMED.
NO ABSTRACT OR TITLE SEARCll WAS PERFORMED
TO DISCOVER TliE EXlSTENC. E OF ANY EASEMENTS
OR RESTRICTIONS OF RECORD.
ELEVATIONS SHOWN HEREON ARE BASED ON
NATIONAL GEODETIC VERTICAL DATUM OF I929
UNLESS OTHERWISE NOTED.
Exhibit
B
Memorandum
DELRAY BEACH
f L O It I O A
Horticulturist
2001
To:
Through:
From:
Re:
Date:
David T. Harden, City Manager
Lula Butler, Director, Commu, ni~ Improvement
Nancy Davila, Horticulturist ~7)~
Swinton Avenue Phase II - Agreement for Landscape Architectural Services
October 11, 2001
Item Before the Commi~sion
The item before the Commission is the approval of an agreement between the City of Delray
Beach and A.Grant Thornbrough for professional design services for the second phase of Swinton
Avenue, in thc amount of $16,500.00.
Background
The first phase of Swinton Avenue beautification was designed by A. Grant Thornbrough &
Associates in 1993 and implemented the following year. The improvements included the
installation of street trees, swale improvements, signage, and selected driveway aprons for the full
length of the project from South I0"' Street to North 22'~ Street, and irrigation within the historic
district, running from South 2"d Street to North 4t~ Street. Conceptual plans for additional
improvements within the historic district were formulated at that time. Improvements were to
include decorative period street lights, paver bricks at intersections, and historic bollard street
signs.
Budget constraints prevented the design and installation of the proposed improvements for
several years. They were finally slated for design in 2000/2001 and installation in 2001/2002. I
was unaware that the funds had been appropriated until late in the fiscal year, which is why the
approval of the design phase is coming to you now, which is already into the 2001/2002 budget
year. Finance has been notified that this project was still ' a go' and have encumbered funds for
the design phase to carry over from last year to this year.
One of the design parameters which has changed pertains to the installation of historic bollard
signage. The intersections are so crowded with hydrants, electric panels, traffic devices, ere,
Grant and I felt the use of decorative banners on the light poles may be a better idea.
Recommendation
Staffrecommends that the Commission give favorable consideration to the agreement between
the City and A. Grant Thornbrough & Associates in the amount of $16,500, to provide landscape
architectural services and coordinate the electrical engineering services for the preparation of
construction documents, specifications and construction administration for Swinton Avenue
Beautification, Phase II. Funding is available in Account # 119-4151-572-60.69.
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND VENDOR
THIS AGREEMENT made this
between the CiTY OF DELRAY BEACH
Thombrouqh & Associates,
~ day of
(hereinafter called CITY) and
(hereinafter called VENDOR).
WITNESSETH:
,2001, by and
A. Grant
The CITY and the VENDOR in consideration of the mutual covenants hereinafter
set forth, agree as follows:
1. The undersigned VENDOR hereby represents that he has carefully
examined all documents attached hereto, and will perform all requirements, pursuant to
all covenants and conditions, as provided by this Agreement and any attachments.
2. The VENDOR, as evidenced by the execution of this Agreement,
acknowledges that it has examined all specifications and requirements of this
agreement. The VENDOR further acknowledges that the agreement price includes all
costs and expenses required for the satisfactory completion of all requirements
provided by this Agreement.
3. The Agreement between the CITY and the VENDOR include the following
documents which are attached hereto and incorporated herein by reference of the
following:
AGREEMENT DOCUMENT (S) PAGE NUMBERS
Standard Form of Agreement 1-4
Corporate Acknowledgment 5
Service Authorization (Schedule of Pricing) 6
Exhibit A - Proposal for Landscape Architectural Services 7-9
U'tWwdata~Swinton Avenuetstd agmt. doc ~ ]
4. The term of this Agreement shall commence on the date written above
and the work provided herein shall be completed by 15 July 2001
5. This Agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this agreement shall be
Palm Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City:
As to Vendor:
City of Delray Beach, FL
100 NW 1st Avenue
Delray Beach, FL 33444
ATTN: Nancy Davila, Horticulturist
A. Grant Thornbrough & Associates
Landscape Architecture & Land Planning
132 North Swinton Avenue
Delray Beach, Florida 33444
7. The VENDOR shall not, without prior written consent of the CITY, assign
any portion of its interest under this Agreement and, specifically, the VENDOR shall not
assign any moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the VENDOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto in respect to all convenants,
conditions and obligations contained in the Agreement.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents
and employees, from
received or sustained
negligence (excluding the sole negligence of the CITY),
or on account of any liabilities, damages, losses and costs
by any person or persons by or in consequence of any
recklessness or intentional
U:[WwdatatSw~nton Avenuetstd agmLdoc _ 2
wrongful misconduct of the VENDOR and any persons employed or utilized by the
VENDOR in the performance of this Agreement. VENDOR agrees that negligent,
reckless or intentional wrongful misconduct includes, but is not limited to, use of any
improper materials or liabilities, damages, losses or costs caused by or on account of
the use of any improper materials. VENDOR agrees that negligent, reckless or
intentional wrongful misconduct also includes but is not limited to the violation of any
Federal, State, County or City laws, by-laws, ordinances or regulations by the
VENDOR, its agents, servants or employees. VENDOR further agrees to defend,
indemnify and save harmless the CITY from all such claims and fees, and from any and
all suits and actions of every name and description that may be brought against the
CITY on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against the CITY for the
infringement of any and all patents or patent rights claimed by any person, firm, or
corporation.
The indemnification provided above shall obligate the VENDOR to defend at its
own expense or to provide for such defense, at the CITY'S option, for any and all
claims or liability and all suits and actions of every name and description that may be
brought against the CITY which may result from the operations and activities under this
Agreement performed by the VENDOR, its agents or employees. This indemnification
includes all costs and fees including attorney's fees and costs at trial and appellate
levels.
The CITY will pay to the VENDOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
U:1WwdataISwinton Avenue~std agmt doc _ 3
provided herein. Furthermore, the VENDOR acknowledges that the agreement price
includes said consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both
the VENDOR and the CITY.
11. This Agreement and the documents attached hereto and listed above
constitute the entire agreement between the CITY and the VENDOR and may only be
altered, amended or repealed by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST:
City Clerk
Approved as to form:
~City Attorney
~o .------
(please type or print name)
(please type or print name)
CITY OF DELRAY BEACH, FLORIDA
By:
'David W. Sc~hmidt
~yor
VENDOR:
A. Grant Thornbrouqh
(please type or print name)
U. tWwdata~Swinton Avenue~std agmLdoc - 4
ACKNOWLEDGMENT OF SOLE PROPRIETOR
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this I ay of
~--~,?':Y ~-,~, b ~- (- ,2001, by A. Grant Thornbrough.
He/She is (personally known to me) (or has produced identification) and has used
his/her i ~ ~" ;~(~5 ~: (type of identification) as
identification.
Signatur~ of fSe~so~Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
U:~Wwdata~Swlnton Avenuetstd agmt. doc .
CONSULTING SERVICES AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.:
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE
TITLE:
This Service Authorization shall be incorporated in and shall become an integral part of
the contract.
Title:
I. PROJECT DESCRIPTION:
Geographical area is on Swinton Avenue between South 2"d Street and north 4th Street. This is
a continuation of the Swinton Avenue beautification and includes the installation of period street
lights, special paver bricks at intersections, and signage (banner on street light poles).
II. SCOPE OF SERVICES:
A. Grant Thornbrough & Associates will provide landscape architectural services and
coordinate the electrical engineering services for the preparation of construction documents
and specifications, and construction contract administration services for the implementation
of the Swinton Avenue Beautification Project, Phase II. JLSD, Inc will work as sub-
consultants for the electrical engineering.
III. BUDGET
The budget is based upon the tasks as described in the Proposal attached hereto.
!1. Design
Construction Plans, Specs, & Bid Documents
Constructiun Contract Administration
$5,000.00
$6,500.00
$5,000.00
_ 6
PROPOSAL FOR LANDSCAPE
ARCHITECTURAL SERVICES
ill
A. GRANT THORNBROUGH & ASSOCIATES
LANDSCAPE ARCHITECTURE LAND PLANNING
132 NORTH SWINTON AVENUE
DELRAY BEACH, FLORIDA 33444
(561) 276-5050 FAX (561) 276-8777
Nancy Davila
City of Delray Beach
100 NW 1 ~ Avenue
Delray Beach, Florida 33444
Re: Swinton Avenue Beautification Phase II
September 6, 2001
Dear Nancy:
A. Grant Thornbrough & Associates proposes to provide landscape architectural and
electrical engineering services for the preparation of construction documents and
specifications, and construction contract administration services for the implementation
of the Swinton Avenue Beautification Project Phase II. JLSD, Inc. will be the electrical
engineer sub-consultant.
Phase II consists of implementing the lighting, signage (banners) and intersection special
paving treatments originally conceived in our Phase I design development drawings. All
of these improvements are located within the OSHAD District (SW 2nd Street to NW 4th
Street).
SCOPE OF SERVICES
Part One: Design Development
1.1 We will review the design elements originally conceived for the project as well as
current site conditions which may have changed sine 1994. Design recommendations
will be reviewed with City staff.
1.2. We will prepare base sheet information utilizing our original survey and as-builts.
No survey update will be prepared as part of this proposal.
1.3 A design development plan will be prepared and presented to the City for approval.
7
Part Two: Construction Documents
2.1 We will prepare design drawings for the installation of paver block paving. Currem
installation details as utilized by the City will be included.
2.2 We will design the installation of approximately 36 pole mounted lighting fixtures.
Fixtures shall be the standard Atlantic Avenue type installed by the City.
2.3 We will coordinate with FPL for establishmem of service points, prepare local load
calculatioas, and design service entrance equipment.
2.4 We will provide appropriate technical specifications describing installation criteria
and types of materials for the paving, concrete, and electrical aspects of the project. The
City of Delmy Beach will provide the fi'ont end of the specification manual.
2.5 We will represent the project at SPRAB and the Historical Preservation Board
meetings.
Part Three: Construction Contract Administration
3.1 We will be present at the pre-bid meeting.
3.2 We will respond to bidder questions and issue addenda as required.
3.3 We will be present at the pre-construction meeting.
3.4 We will review two iterations of shop drawings.
3.5 We will provide one site observation per week during the construction phase.
The electrical engineering sub-consultant will provide two site observations during
construction.
3.6 We will review pay requests.
3.7 We will close-out the project and update AutoCAD files with comractor supplied
as-builts.
COMPENSATION
Compensation for the services shall be as follows:
A. Lump Sum Fee*
Part One $ 5,000
Part Two $ 6,500
Part Three $ 5,000
Total not to Exceed $16,500
* This fee includes our sub-consultant, ILSD, whose fee is $7,400.
B. The City shall pay reimbursable expenses for plan review, permitting, application cost,
bidding and print cost associated with plan review sets, permitting sets, bid sets, and
construction document sets. Estimated expense for reimbursables is $3,000.
Please review this proposal at your earliest convenience. Should you have any questions,
please call me.
Sincerely,
A. Grant Thombrough
A. Grant Thombrough & Associates
9
Date: 10/10/01 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: 10/16/01
Description of agenda item (who, what, where, how much):
Agreement for 1 ,andscape Architectural Services for Swinton Avenue Phase II Bev, veen the
Czty of Delray Beach and A. (;rant Thornbrough & Associates in the amount of $16,500.
Department He~~~ ------~
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involvi~ng expenditure of funds):
Account Number 119-4151-572-60.69
Account Balance: ~{0~%--~0 ~'-~t')~ ~4~ ~ ~
Funding Alternatives: Of applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
No Imuals:
Agenda Coordinator Review:
Received:
EXHIBIT A
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM 0t/~ - REGULAR MEETING OF OCTOBER 16, 2001
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS
OCTOBER 12, 2001
This is before the Commission to consider approval of the following housing rehabilitation contracts:
$24,297.00 to Abisset Corporation for 317 SW 12~' Street
$20,259.75 to South Florida Construction for 343 NW 7th Avenue
Funding in the total mount of $44,556.75 for these two grants is available from 118-1963-554-49.19
(SHIP Housing Rehabilitation).
For the most part, housing rehabilitation grants through our affordable housing programs are placed
on the agenda as consent items under award of bids and contracts. In this instance, however, the
grant award for 317 SW 12m Street did not initially receive any bids for the housing rehabilitation and
staff extended the bid closing date and verbally contacted contractors to solicit bids. Only one bid
was received and several of the contractors advised that the working environment provided a difficult
challenge due to the condition of the house and the number of occupants who enter and exit the
home daily.
Recommend approval of the housing rehabilitation grant award contracts as outlined above.
Reft.SHIP Housing Rehab Awards. 10.16.01
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement ~
Kenneth L. Thomas, Community Development Administrator
October 9, 2001
Community Development Division's Housing Rehabilitation Grant Award
for two (2) Units
ITEM BEFORE CITY COMMISSION
Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive
bidder(s). This request is in accordance with the City's Commumty Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder, plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remmn with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Commumty Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring comphance according to specifications and program guidelines. Pay
request forms reqmre both contractor and homeowner's signatures. Grant recipients have met all
eligibility reqmrements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code v~olations. Detailed
work write-ups and individual case files are available for review m the Community Development
Diws~on Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore, an in-house pohcy was created to limit awards to the lowest responsible bidder within
10% of the Division's professional in-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. Th~s policy further
assists the Diws~on with its goal of completing each rehabilitation act~wty utihzing the estimated
amount of funding required.
RECOMMENDATION
The Commumty Development Division staff did not initially receive any b~ds for the housing
rehabilitation project at 317 SW 12t~ Street. The one bid that was finally received came only
after CD staff extended the bid closing date and verbally contacted contractors to solicit bids.
Several of the contractors advised that the working enwronment prowded a difficult challenge
due to the condition of the house and the number of occupants who enter and exit the home daily.
Staff recommends awarding the bids for two (2) Housing Rehabilitation projects to the verified
responsible low bidder(s) and authorizes awards in the following amounts:
Case Number Address Contractor
Grant Amount
99-020 HR
99-042 HR
317 SW 12th Street Abisset Corporation $24,297.00
343 NW 7th Avenue South Florida Construction $20,259.75
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2001-37 SH
APPLICANT: Robert Johnson
PROJECT ADDRESS: 317 SW 12th Avenue
DATE OF BID LETTERS: July 11, 2001
DATE OF BID OPENING: July 26, 2001
NAME OF CONTRACTORS
ABISSET CORPORATION
WILLIAM HATCHER CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYYVOOD
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS
$ 23,140.00
$
$
$
$
$
$
$ 21~207.00
Abisset Corporation
$23,140 bid/contract amount (+ 5% Contingency = $24~297.00)
FUNDING SOURCE:
COMMENTS:
SHIP Rehabilitation Program
Account No. 118-1924-554-49.19
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2001-37 SH
APPLICANT: Alberta Gaines
PROJECT ADDRESS: 343 NW 7th Avenue
DATE OF BID LETTERS: July 11~ 2001
DATE OF BID OPENING: July 26, 2001
NAME OF CONTRACTORS
ABISSET CORPORATION
WILLIAM HATCHER CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS
$
$ 21,965.00
s.
$
$
$
$ 19~295.00
$ 18~426.00
South Florida Construction
$19,295 bid/contract amount (+ 5% Contineency = $20,259.75)
FUNDING SOURCE: SHIP Rehabilitation Program
COMMENTS:
Account No. 118-1924-554-49.19
AGENDA REQUEST
Request to be placed on:
x Regular Agenda
Special Agenda
Workshop Agenda
Consent Agenda
Date:
When:
October 8, 2001
October 16, 2001
Description of item (who, what, where, how much):
Case Number Address Contractor
Grant Amount
99-020 HR 317 SW 12t~ Street Ab~sset Corporation $24,297.00
99-042 HR 343 NW 7t~ Avenue South Florida Construction $20,259.75
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of two State Housing Initiatives Partnership
(SHIP) Housing Rehabilitation Grant and Contract Award from account # 118-1924-554-
49.19 in the amounts of $24,297.00 and $20,259.75. These grant amounts include a 5%
contingency.
Department Head Signature: ~ ~~~~:~~ 4/4g' ~''v~g'' 7~-
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: C/NO
Funding Alternatives:
Account No. & Descripti%n:~
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:(YEpg/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action' Approved/Disapproved
[IT¥ OF DELRrlV BEI:ICH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line. 561/243-7091
1993 DATE: October 5, 2001
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Consent to Assignment
In 1999 the City entered into an Agreement for General Consulting Engineering Services
with Dames & Moore. In June of 1999 Dames & Moore was acquired by URS
Corporation. At this time URS Corporation wishes to change the name on all future
service authorizations from Dames & Moore to URS Corporation. (see attached memo
from URS Corporation).
Pursuant to Article IX, Paragraph (F), of the original agreement, the City must consent
to any assignment of the agreement. This assignment is primarily in name only as there
have been no other changes at the local level in the personnel or the way business is
conducted.
Please place this item on the October 16, 2001 City Commission agenda for approval.
Please call if you have any questions.
CC:
Barbara Garito, City Clerk
Victor Majtenyi, Asst. Const. Mgr.
September 1 l, 2001
To Whom it May Concern:
I am sending this letter of explanation to you in accordance with your request_ URS Corporation, a
publicly-traded engineering and design firm [WYSE: LrRS), incorporated in Delaware, acquired
Drones & Moore Group and its subsidiaries ('Dm~es & Moore, BRW. O'lgrien Kreimberg, Radian
lnte'rnational and others) in lune of 1999. The various Dames & Moore companies continue to
operate a.$ sepaxate subsidiaries under their existing names during the transition period.
Thc strategic and operational attributes of this acquisition are considcrablc. We continue to be excited
about the synergies that result from thc combined compan.ics.
We recently made a deciswn to operate as URS to better reflect our affiliation with our parent
company. New contracts will be executed under thc name of URS Corporation, a Nevada corporation
(Federal Taxpayer Identification Number: 94-1716908).
You will sec no change in the manner in which we serve you or in our commitment to provide you
with quality services. All prior commitment.s, including your contract, will continue to be honored.
Please do att hesitate to call me if I can be of assistance or if you have further questions, at 561-994--
6500.
Sincerely,
URS CORPORATION
Vice-President
Manager - Boca Raton Operations
UR$ Gomoratton
7800 cnngress Avenue. Sul'.e 200
Ll;;c8 Fl&ton. FL
Tel: 581,g9~.6~00
F~: 5~1.994.6524
10/01/01 ~0N 08:50 [TX/RX NO 87671
CONSENT TO ASSIGNMENT
The undersigned, the City of Delray Beach, a Florida municipal corporation, being a
party under that certain agreement dated July 1999 and originally between the City of Delray
Beach and Dames & Moore, does hereby give consent to the assignment of the above-stated
Agreement from Dames & Moore to URS Corporation which shall assume all terms and
conditions of the original Agreement.
of
IN WITNESS WHEREOF, the undersigned has signed this instrument on this __
,200 .
ATTEST:
City Clerk
By:
Approved as to legal form and
Sufficiency:
City Attorney
By:
day
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
AGENDA ITEM ~(~- REGULAR MEETING OF OCTOBER 16, 2001
FINAL PAYMENT/SECURITY ROOFING, INC, (RE-ROOFING BEACH
PAVILIONS)
OCTOBER 16, 2001
This is before the City Commission to approve ffmal payment in the amount of $789.80 to Security
Roofing, Inc. for the completion of the Beach Pavilions re-roofing project.
The project is complete and has been inspected and approved by staff. Funding is available from 334-
6112-519-62.13 (Re-roofing Beach Pavilions).
Recommend approval of the final payment to Security Roofing, Inc. for completion of the Beach
Pavilions re-roofing project.
Ret~akgmemol6.Closeout Final Payment. Security Roofing. 10.16.01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www delrayesd corn
TO:
FROM:
DAVID HARDEN
City Manager
VICTOR MAJTENYI ~
Assistant Construction Manager
SUBJECT:
RE-ROOFING BEACH PAVILIONS: AGENDA REQUEST
FINAL PAYMENT
DATE:
OCTOBER 8, 2001
Attached is an Agenda Request for City Commission to approve final payment in the amount of
$789.80 to Security Roofing Systems, Inc. for completion of the Re-Roofing of Beach Pavilions
project (PN 99-068).
The project is complete and all warranty documentation has been received. Staff recommends
the City Commission approve final payment in the amount of $789.80 to Security Roofing
Systems, Inc. for the completion of the Re-Roofing of the Beach Pavilions project.
Funding is available from Purchase Order #596212, account 334-6112-519-62.13, Re-Roofing
Beach Pavilions. A Contractor Evaluation is also attached.
Richard Hasko; Dir of ESD
Howard Wight; Dep. Dir. of Construction, ESD
Joe Weldon, D~r. of Parks & Recreation
File 99-068(A)
S ~EngJdmmlProyectsl1999199-0681CONSTRCI~agenda memo 10 16 O1 final closeout doc
Request to be placed on:
AGENDA REQUEST
Agenda Item No. o~'
Date: October 8, 2001
X
Regular Agenda
Special Agenda
Workshop Agenda
When: October 16, 2001
Description of item (who, what, where, how much) Attached, an Agenda Request for City Commission
to approve a final payment in the amount of $789.80 to Security Roofing Systems, Inc. for the completion of Re-
Roofing of Beach Pavilions, project (PN 99-068). The project ~s complete and all warranty documentation has been
received.
Funding is available from Purchase Order ~596212, account 334-6112-519-62.13, Re-Roofing Beach Pavilions.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recomme.~ the City Commission approve.~al payment in the amount of $789.80 to
Security Roofing Systems, Inc. for~h~/~o~pl~{~e-Ro~__~_ of ~fe~ Pavilions, project (PN 99-068).
Department head signature: ~ ~ ~,.__. ( I,/~z_~(::~,~ to--('o-OJ
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~-.~d on all items involving expenditure of funds):
Funding available.~YES~lO
Funding alternatives--0'f applicable):
Account No. & Description 334-6112-519-62.13, Re-Roofing Beach Pavilions
Account Balance ?o,r'r_~ s e.
City Manager Review:
Approved for agenda: ~/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'~..\99023~agreqcolfinal.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM
CHANGE ORDER
IMPRQVEMNT$)
- REGULAR MEETING OF OCTOBER 16, 2001
#I/FLORIDA BLACKTOP (SE/SW ROADWAY
OCTOBER 12, 2001
This is before the City Commission to approve Change Order #1 in the amount of $109,762.59 to the
contract with Florida Blacktop, for the completion of the SE/SW Infrastructure Improvements. As
construction is approximately ninety percent complete it has become apparent that some of the
quantities are askew from those of the original bid. Primarily, the quantities affected were the Pond
Earthwork (property was not acquired), concrete driveway/sidewalks, water services, and water mains.
Funding is available in the amount of $66,357.58 from 441-5181-536-69.22 (SE 7m Avenue), and in
the amount of $43,405.01 from 370-3162-541-63.45 (2000 Road Bond-SE/SW Area Improvements).
Recommend approval of Change Order #1 to the contract with Florida Blacktop in the amount of
$109,762.59.
RefiAgmemol 1.Change Order #1.Florida Blacktop. 10.16.01
City Of Delray Beach
Department of Environtnental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
www delrayesd, com
DAVID HARDEN
City Manager
H 0 WA RD WI G H
Deputy Director C_fi'~m.tction
SE/SW AREA INFRASTRUCTURE IMPROVEMENTS, PN 2000-046
Contract quantity adjustments/misc changes Change Order # 1
DATE:
OCTOBER 10, 2001
Attached is an Agenda Request for City Commission to approve a Change Order #t to Florida Blacktop,
Inc. in the amount of $109,762.59 on the above referenced project It is required to increase/decrease
quantities as needed for actual quantities constructed. The Bid / Contract is based on estimated quantities
from the Consultant, Kimley-Horn . As construction is approximately ninety percent complete it has
become apparent that some of the quanbbes are askew from those of the original bid. Primarily, the
quantities affected were the Pond Earthwork (property was not acquired), concrete driveway/sidewalks,
water services, and water mains.
Additionaly, Change Order #1 includes miscellaneous changes required due to unforeseen conflicts and
realignments from plan location for installation of the water mains and storm drains. These required
changes in utility and associated surface restoration
The scope of work and unit prices are detailed on Schedule A attached, to Change Order #1. They are
estimated quantities. All of the Contract items will be measured final at project completion and incorporated
into the final closeout +/- quantity adjustment Change Order. Change Order #1 is presented at this time to
encumber additional funds on the Contract Purchase Order to complete the work.
Funding is available from 441-5181-536-69.22 SE 7th Ave WM for $66,357.58 and 370-3162-541-65.45
(2000 road bond - SE/SW Area Improvements) for $43,405 01. A budget transfer is attached -copy attached.
CC: File 00-46 (A)
s\..\0046~agrnembidaward 10/16/01
$' ~EngAdmin~Projects~2000~2000-O46~CONSTRC~co l mem-050101 doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. I PROJECT NO. 00-46 DATE:
PROJECT TITLE: SE/SW Area Improvements
TO CONTRACTOR: Florida Blacktop, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
TOTAL PER CENT INCREASE TO DATE 7.5%
$ 1,133,442,.03
$ 0.00
$ 1,133,442,.03
$ 109,762.59
$ 1,243,204.62
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Florida Blacktop, Inc
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from 441-5181-536-69.22 SE 7t~ Ave WM for $66,357.58 and 370-3162-541-65.45 (2000 road bond - SE/SW
Area Improvements) for $43,405.01.
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
Mayor
ATTEST:
By:
City Attorney City Clerk
Agenda Item No. ~-
AGENDA REQUEST
Date October 10, 2001
Request to be placed on:
---X ..... Regular Agenda
Special Agenda
~ Workshop Agenda
When: October 16, 2001
Description of item (who, what, where, how much): Attached is an Agenda Request for C~ty Commission to
approve a Change Order #1 to Florida Blacktop, Inc. m the amount of $109,762.59 on the SE/SW AREA Infrastructure
Improvements, Pn 2000-046 It ~s required to increase/decrease quantities as needed for actual quantities constructed The Bid /
Contract is based on esbmated quanbbes from the Consultant, Kimley-Horn . As construction ~s approximately ninety percent
complete ~t has become apparent that some of the quantibes are askew from those of the onginal b~d Pnmarily, the quanbties
affected were the Pond Earthwork (property was not acqmred), concrete driveway/sidewalks, water services, and water mains
Additionaly, Change Order #1 includes miscellaneous changes reqmred due to unforeseen conflicts and reahgnments from plan
location for installabon of the water mains and storm drains These reqmred changes m utihty and associated surface restoration
The scope of work and unit prices are detaded on Schedule A attached, to Change Order #1. They are estimated quantibes. All of
the Contract ~tems will be measured final at project completion and ,ncorporated into the final closeout +/- quantity adjustment
Change Order. Change Order #1 ~s presented at th~s time to encumber addibonal funds on the Contract Purchase Order to
complete the work
Funding is available from 441-5181-536-69.22 (SE 7~h Ave WM) for $66,357 58 and 370-3162-541-65.45 (2000 Road Bond - SEISW
Area Improvements) for $43,405 01 A budget transfer is attached ~-~(,.~
~taraei~e ~ CoOf. 0~. ~ .
"1
ORDINANCE/RESOLUTION REQUIRED. Not required.
Recommendation.-Staff recommeI~t[awt~--~e o% ,o/~ Blacktop,
Department head signature: ~,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (re~.qj~ed on all items involving expenditure of funds):
Funding available Yf,,~f/NO
Funding alternatives (if applicable):
Account No. & Description,~r/-,.5-1~'/
Account Balance ~/-dO ¢ ~ ~ae
' ~l ~v
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review: Re~ived:
Plaid on Agenda:
Action:
Approved/Disapproved
s'\...\0046\agreq 1101001
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM ~ - REGULAR MEETING OF o~rOBER 16, 2001
CONTRA~r ADDITION (C.O, #1)/SONIC ENGINEERING
(SOUTHRIDGE/SUNSET/ALBATROSS ROADWAY INFRASTRUCTURE
IMPROVEMENTS CONTRACT)
AUGUST 31, 2001
This is before the City Commission to approve a Contract Addition (C.O. #1) in the amount of
$107,351.50 with Sonic Engineezing for the Southridge, Sunset, Albatross Roadway contract. This
change order is for approximately 2,205 L.F. of gravity sewer main replacement associated with the
Lake Ida Road improvement project.
Funding is available from 442-5178-536-61.51 0V&S/Sewer Mains).
Recommend approval of Contract Addition (C.O. #1) to Sonic Engineering in the amount of
$107,351.50.
Ref.'Agmemol 6.Contract Additon. Sonic. 10.16.01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.~
Deputy Director of Ut
October 10, 2001
Contract Addition/Change Order Number 1
2000 Roadway Bond Program
Southridge Rd/Sunset/Albatross Road Ifrastucture Improvements
Project Number 2000-045
Attached is an Agenda Request, location map and schedule of values for contract addition/change
order No.1 to Sonic Engineering, Inc. for additional work to be conducted under their current
contract for Southridge Road./Sunset/Albatross Road Infrastructure Improvements. Sonic
Engineering, Inc. is also the underground contractor conducting the work for Palm Beach County
on Lake Ida Road. During the Eastern phase of the Lake Ida Road Project, it has been determined
that approximately 2205 L.F. of gravity sewer main will need to be replaced. We had originally
intended to line this segment of main and budgeted funding accordingly. However, after further
review of the condition of the host pipe we will need to reconstruct the pipe and manholes.
Attached is a schedule of items to be conducted under contract addition/change order No. 1 to
Sonic Engineering, Inc. in the total amount of $107,351.50. Funding will be from 442-5178-536-
6~.51, Sewer Mains.
Please place the item on the October 16, 2001 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, Director of Environmental Services
Howard Wight, Deputy Director of Construction
City Clerk
Agenda File
I iESSR VOO 2¢DEPARTMENTS~EngAdmtn~Projects1200012000-O4510FFICIAL ICO No l mem doc
Lake Ida Road Sanitary Sewer Reconststruction
Schedule A Change Order #!
Project #00-45
I
ITEM UNIT
NO. DESCRIPTION QTY. UNIT COST TOTAL
1 Mamt of Traffic, Gen Cond, As-bullts, Bond Prem 1 LS ~ 14,890.00 $ 14,890.00
2 Existing P~pe/Structure Removal I L$ $ 4,500.00 $ 4,500.00
3 8" DiP (Epoxy Coated) San Sewer {0-6) 275 LF ~ 33.50 $ 9,212.50
4 8" PVC SDR 35 San Sewer (0-6) 258 LF $ 17.00 $ 4,386.00
5 8" PVC SDR 35 San Sewer (6-8) 1,314 LF $ 27.00 $ 35,478.00
6 8" PVC SDR 35 San Sewer (8-101 358 LF $ 30.00 $ 10,740.00
7 Manhole (0-6) 3 EA $ 1,750.00 t~ 5,250.00
8 Manhole (6-8) 3 EA t~ 2,050.00 t~ 6,150.00
9 Manhole (8-10) 1 EA $ 2,300.00 $ 2,300.00
10 Single Service {PVC) 1 EA $ 625.00 $ 625.00
11 Single Service (DIP) 1 EA $ 2,100.00 $ 2,100.00
12 Double Service ((PVC) 9 EA ~ 680.00 $ 6,120.00
13 Double Service ({DIP) 2 EA $ 2,250.00 $ 4,500.00
14 Connect exist pipe to MH (~ncl 1 jt of pipe) 1 EA ~ 1,100.00 $ 1,100.00
Total Change Order #1 $ 107,351.50
10/10/01
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
~ Workshop Agenda
Agenda Item
Date: October 10, 2001
When: October 16, 2001
Description of item (who, what, where, how much): Staff requests Commission approval of a contract
additional/change order No. 1 to Sonic Engineering, Inc. for gravi _ty sewer main replacement associated with
the Lake Ida Road Widening Project. The total amount of contract addition/change order No. 1 is
$107,351.50 and funding i s available from Account # 441-5123-536-63.51, Lift Station Sewer Mains.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Staff recommends approval of contract addition/change order No. 1 to Sonic
Recommendation:
Engineering, Inc.
Determination of Consistency with Comprehensive Plan:
IL) -"'-f
City Attorney Review/Recommendation (if applicable):.
Budget Director Review ~gui~ed on ali items involving expenditure of funds):
Funding availablg~ YES/~NO
.~--__~/
~ Funding alternatives (if applicable)
'(,~fl~ x.AccountNo.&Vescription qqZ-~l g-S3~.~,~ ~t Se~oa4'-
e\ , ,.
Account Balance 2~ ~)t ~ O O
City Manager Review:
HoldAppr°veduntil:f°r agenda: ~/NO ~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
S kEngAdmlnLProjcctsL2000~2000-045\OFFICIAL\CO Nol ag doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CI~ MANAGER
SUBJECT: AGENDA ITEM ~ ~ - REGULAR MEETING OCTOBER 16, 2001
SERVICE AUTHORIZATION #10/MATHEWS CONSULTING,
(WATER MODEL OF THE DISTRIBUTION SYSTEM)
DATE:
OCTOBER 12, 2001
lNG,
This is before the City Commission to approve Service Authorization ;gl0 in the amount of
$107,164.75 with Mathews Consulting, Inc. Services include detailed investigation of our water
distribution system, field verification of primary pumping facilities, preparation of a hydraulic model
and purchase of hardware and software for computer modeling program.
Funding is available from 442-5178-536-31.90 (W&S Other Professional Services).
Recommend approval of Service Authorization #10 in the amount of $107,164.75 with Mathews
Consulting, Inc. for preparation of a computer model of the water distribution system.
RefiAgmemol 6.SenriceAuth.#10.Mathews. Consulting.10.16.01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N
D
U
M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.E. ~-~
Deputy Director of Publ~5~
October 10, 2001
Water Distribution System Computer Model
Project Number 2002-004
Attached is an Agenda Request for Service Authorization No. 10 to Mathews Consulting, Inc. for
professional engineering services related to the subject project. Services include detailed
investigation of our water distribution system, field verification of primary pumping facilities,
preparation of hydraulic model and purchase of hardware and software for computer modeling
program. This model of the distribution system will be a useful tool in evaluating future needs,
system problems, and flow distribution of disinfection chemicals. Upon completion of the
hydraulic model in-house staff will maintain and update the model based on changes within the
system. The total amount of Service Authorization No. 10 is $107,164.75 and funding is available
from Account # 442-5178-536.31-90, Other Professional Services. (Budget transfer is attached)
Please place this item on the October 16, 2001 Agenda for consideration by City Commission.
Richard C. Hasko, P.E., Director of Environmental Services
City Clerk
Agenda File
S'~EngAdminXProjects~2002~2002-004\OFFICIAL\agcnda memo doc
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
10
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE:
CITY PROJECT NO.
MATHEWS CONSULT. PROJECT NO. 1104
TITLE:
Water Distribution System Computer Model
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
TITLE:
Agreement for General Consulting Engineering Services
I. PROJECT DESCRIPTION
The project consists of the development of a computerized mathematical model
("hydraulic network model") of the City's existing treated-water distribution system.
The computer software package that will be used by Consultant to analyze the network is
WaterCAD, by Haestad Methods, Inc. WaterCAD is a stand-alone program that
combines graphics and hydraulic modeling capabilities, and can be laid out on a scaled
water distribution network with background 'DXF' maps. The network model will be
capable of performing as steady-state or extended-period (continuous or dynamic)
simulations. The extended-period simulation (EPS) model is necessary in order to track
water quality. Water quality models can be used to study the flow and distribution of
various components of water. Source tracking, determination of travel time, age of
water, and concentration of chemicals (such as chlorine residual) are primary applications
and concerns addressed by water quality models.
The scope of this Service Authorization is, but not limited to developing hydraulic
network model capable of modeling distribution system and modeling water quality,
calibrating the model, and training City personnel on use of the model. The model will
be analyzed for only existing Year 2001 average day demand conditions.
H. SCOPE OF SERVICES
The services provided under this service authorization will be divided into phases which
are subdivided into defined tasks. Upon completion of each task, the Consultant will
watennod¢l.doc 10/01/01 1
prepare technical memorandums describing the results of the study task. The following is
the description of the phases and tasks to be completed:
Phase I - Stady and Report Phase
Phase IA - Investigative Phase
Task 1.1
Review present service areas and local service zones based upon existing system
mapping information and planning data provided by City.
Task 1.2
Review selected customer water billing records to determine residential,
condominium, commercial, industrial and miscellaneous user unit water demands
(gallons per capita day, etc.) in order to allocate water demands based upon
established service areas and local service zone for system modeling purposes.
Task 1.3
Conduct a meeting with the utility and fire department staff representatives to
develop a master list, in order of priority of existing "problem areas" to be
evaluated during the study.
~skl.4
Prepare a technical memorandum describing the results of the investigation
phase. Four (4) copies of the technical memorandum will be provided to the
City.
Phase HA- Field Phase
Task2.1
Review existing City operating records to determine the current performance of
distribution system elements (e.g., high service pumps, trunk main flows, storage
tank levels, ASR data, etc.) to assist in the determination of overall system
performance and the identification of key areas for specific field tests.
Task 2.2
Consultant shall coordinate field study performed by City staff of the
distribution system in order to determine performance of the existing system and
to provide base data for distribution system and water quality modeling which
shall supplement existing operating data as appropriate.
Task 2.3
City shall provide information on pipe material and approximate age, which will
be used to determine initial Hazen-Williams "C" values.
Hazen-Williams "C" value flow tests and hydrant flow tests will be conducted by
City staff on key mains and on a representative number of smaller mains. The
information will be used to verify the "C" values. Up to five tests should be
conducted on mains 12-inches and larger, and five tests on mains 10-inches and
smaller in each service zone.
Task2.4
watermodel.doclO/O1/O 1
Trunk main gaugings and pressure recordings will be conducted by City staff at
approximately sixty locations in the system. The system shall be divided into six
zones with a total of ten tests in each zone. Whenever possible, City personnel
will obtain pressure and flow data for each simulation from the City's existing
SCADA system. Consultant shall provide on-site assistance for the five field
2
simulation tests. The five field simulation tests will be performed over a
consecutive five day period (Monday through Friday).
Information obtained at each location will include hourly flow pattern, hourly
pressure pattern, maximum rate of flow, maximum velocity and minimum rate of
flow. The gauging points will be selected so as to obtain information on specific
areas and will coincide with City lift station locations. In addition to determining
how water circulates throughout the system, the trunk main gaugings will show if
there are any closed valves on major mains at the locations tested.
All data will be collected by City personnel and shall, in general include pipe
flows, pump discharge and sunction pressures, storage tank levels and number of
pumps ming.
City will provide and install all field gauging connections (typically on fire
hydrants or hose bibbs), fiowmeters, pressure recorders and associated
transportation and labor as required.
Task 2.5
Prepare a technical memorandum describing the results of the field work. Four
(4) copies of the technical memorandum will be provided to the City.
Phase Ilia - Hydraulic Model Analysis Phase
Task 3.1
Develop extended-period simulation model of the existing (Year 2001) water
dislribution system (e.g., all pipes 2-inches and larger) based upon the City's
existing water atlas maps in 'DXF' format. The model shall be based upon the
WaterCAD software package by Haestad Methods, Inc.
Input data shall include:
a. pipe data (diameter, length, C-value)
b. demand pattern node data (elevation, water consumption value)
c. source node data (hydraulic grade line, high water line and low water
line elevation)
d. pump data (suction pipe diameter, pump curve)
Task3.2
Analyze the model results, taking into account the information collected in the
field in Phase IIA. The model shall be analyzed for only average day demand
conditions.
Task 3.3
Prepare a technical memorandum describing the results of the hydraulic model
analysis phase. Four (4) copies of the technical memorandum will be provided to
the City.
Phase IVA- Calibrate Hydraulic Model
Task 4.1
Based on information obtained through the field simulation tests, Consultant
shall calibrate the WaterCAD model to match the test results. Model calibration
shall be adjusted to within an average of +/- 10% of the values measured in the
field.
watennod~l, doc 10/01/01 3
Task4.2
A summary of the necessary model modifications for obtaining the proper
calibration with the field results shall be presented to City staff by Consultant in
technical memorandum format. Four (4) copies of the technical memorandum
will be provided to the City.
Phase VA - Water Quality Model Analysis Phase
Task 5.1
Develop water quality model based on the calibrated extended-period simulation
model developed in Phase IHA. Both pipe and node data are required for water
quality modeling.
Pipe data includes:
a. Reaction rate coefficients are needed to establish the chemical action of
the substance in the water (the bulk coefficient) and the interaction at the
wall of the pipe (the wall coefficient) for each pipe or group of pipes.
Node data includes:
a. Reaction rate coefficients are needed for each tank or group of tanks.
b. Initial water quality must be established at nodes at the beginning of a
simulation. Initial values for concentration of a chemical or substance,
water age (in hours), or present from each source for source tracking can
be used.
c. Baseline concentrations and patterns can be entered for nodes that serve
as sources of chemical constituents.
d. Reservoir dimensions are needed to calculate volumes for source nodes.
e. Volume of water below a minimum elevation, which indicates unusable
storage, can be specified for source nodes.
Task 5.2
Data for reaction coefficients, chlorine residual, and substance concentration, for
various time periods shall be compiled and entered into the model set.
T~k5.3
Evaluate model results.
Task 5.4
Prepare a technical memorandum describing the results of the water quality
model analysis phase. Four (4) copies of the technical memorandum will be
provided to the City.
Phase VIA - Calibrate Water Quality Model
Task 6.1
The extended-period water quality model can be calibrated by means of using
substance tracer data. Data collection points must be established throughout the
system. A substance such as chlorine residual can be injected at water source
locations and measured at various spots in the distribution system. The chemical
can be traced, or tracked, throughout the system. The model shall be considered
calibrated when the modeled concentration levels match those measured in the
field by +/- 10%.
watmmodel.docl 0/01/01 4
Task 6.2
A summary of the necessary model modifications for obtaining the proper
calibration with the field results shall be presented to City staff by Consultant in
technical memorandum format. Four (4) copies of the technical memorandum
will be provided to the City.
Phase VIIA - City Staff Training
Task 7.1 Train City staff in model input, calibration, running and interpretation to ensure
independent use of the model by City staff (30 hours are anticipated). Submit
licensed sol.are, and completed model results to City staff upon completion of
model(s)
Phase H - Preliminary Desien Phase
Not Applicable.
Phase III - Final Design Phase
Not Applicable.
Phase IV - Biddin_~qe~ofiafion Phase
Not Applicable.
Phase V - Construction Administration Phase
Not Applicable.
III. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services
Time per Phase
Cumulative Time
Phase IA 8 weeks 8 weeks
Phase IIA 8 weeks 16 weeks
Phase IIIA 10 weeks 26 weeks
Phase IVA (1) (I)
Phase VA 4 weeks 30 weeks
Phase VIA (2) (2)
Phase VIIA 1 week 31 weeks
Notes: (1) Work in Phase IFA shall coincide with the time-frame in Phase IliA.
(2) Work in Phase VIA shall coincide with the time-frame in Phase VA.
watermodel.docl 0/01/01 $
IV. COMPENSATION
The compensation for services provided shall be billed on au hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method H, up to the following
not to exceed cost for each phase.
Engineering Services
Estimated Fees
Phase IA $15,603.00
Phase HA $11,644.50
Phase IHA $23,441.25
Phase IVA $ 8,736.00
Phase VA $11,613.00
Phase VIA $ 5,208.00
Phase VIIA $ 2,919.00
Out-of-Pocket Expenses $ 3,000.00O)
Allowance $ 25,000.00°)
TOTAL PROJECT COST
$107,164.75
Notes:
(I) Out-of-Pocket Expenses include the following: aerial maps, zoning maps, printing/reproduction and postage.
(2) Allowance shall be used to purchase software, including license agreement. Any portion of the Allowance not
used will be returned to the City.
watermodel.docl0/01/01 6
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may terminate the contract
without incurring any further liability. The Consultant may not commence work on and Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed.
Approved by:
CITY OF DELRAY BEACH:
MATHEWS CONSULTING, INC.
Date:
David W. Schmidt, Mayor
Date: [0-o2. '-o~
Attest:
Approved as to Legal Sufficiency
and Form
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing insmunent was
acknowledged before me this~day
of ~ 2001 by David L.
Mathews, Vice President of
Mathews Consulting, Inc., a Florida
corporation, on behalf of the
corporation. He/She is (personality
known to me) or (has produced
identification), Florida Driver's
License
and (did/did not) take an oath.
watermodel.docl0/01/01 7
ATTACHMENT A
Water Obtrlb~k)n Syltim Cmnimtet Model
Pratt C~DD
PnY~
Fttlle (~h~ (~ (~ (~ T~ T~
I S~DY ~ ~T
T~k 1.1
Task 1.2
T~sk 1.3
S~T~I
Taek ~3 8 29 ~ $2,~1.~
Talk ~4 6 2~ ~ ~.~1.~
Talk ~5 6 16 16 M ~.~
Ta~k 3.2 1~ ~ IC I~ ~.~1.2~
T=~ 3~
WA C~ ~c
Talk ~1
Task ~2 4 12 6 22
VA ~W~ ~a~
TIsk S.2
Task S 3 12 32 M ~423~
Task S.4 4
Talk 1 1
Tisk 6.2 4
TM 7.1
b Tml I X 0 O ~' S2.IIL~
TOT~ M~tM.?I
~ Tml ~ 7~ M M tN~ SI07.1~7~
wMir M ~ iI84,;4~ ! MATN(WS C0NSUL~
No.
Request to be placed on:
X Regular Agenda
~ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item
Date: October 10, 2001
When: October 16, 2001
Description of item (who, what, where, how much): Staff requests Commission approval of Service
Authorization No. 10 to Mathews Consulting, Inc. for professional engineering services related to the
water distribution system computer model project. Services include engineering evaluation of existing
distribution systems and preparation of detailed computer model including software and hardware. Total
amount of Service Authorization No. 10 is $107,164.75 and funding is available from Account # 442-5178-
536-31.90 Other Professional Services.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization No. 10 for Mathews Consulting,
Inc. in the amount of $107,164.75.
Deparhnent head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (re)tailed on all items involving expenditure of funds):
~ Funding available: ~NO
'L~ ) Funding alternatives-- ~- (,if agplicable)
~,/,~',~ \.xAccount No. & Description tjq;2---~ ~ 'q ~- ~ 3Lo, 31 ~ °16
~t{,oX Account Balance % [0~.DOC3 i.3ewr~e,~ ~azJf
City Manager Review:
Approved for agenda: ~O ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S ~EngAdmm~Projects~2002X2002-004\OFFICIALXAgendaReq doc
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 16, 2001
Approval Special Event - Harvest Fest
DATE: October 9, 2001
Action
City Commission is requested to endorse the 12~h Annual Harvest Fest to be held on November
17th and 18th from 10 a.m. to 5 p.m. with set up on November 16*, to grant a temporary use
permit per LDR's Section 2.4.6(H) for the use of Veterans Park and six parking spaces next to
the park, approve waiver of the 2 hour parking restrictions for the Veterans Park parking lot,
Chamber of Commerce parking lot, Hand's parking lot, and Vittorio's parking lot, to allow
vendor permits to be assigned by the Chamber of Commerce, to authorize staff support for
security and traffic control, and to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage
to be put up more than one week before the event.
Background
Attached is the request received from Lynn Bialakis on behalf of the Chamber of Commerce for
this event. Harvest Fest was last held in 1997 on Atlantic Avenue east of the intracoastal
waterway. The Chamber of Commerce is requesting joint use of Veterans Park with the Delray
Beach Art League. They have coordinated their joint use of the site. The Chamber of
Commerce will be responsible for event management, vendor approval, site clean up and port-a-
lets.
After review of the request with our Police Department, it has been determined that on site
security will be needed. This can be provided at the detail rate versus the overtime rate. The
estimated cost for police assistance is $750. Overtime for other staff assistance is not required.
Recommendation
Staff recommends approval of this event, the temporary use permit, the waiver of the 2 hour
parking limits as requested, waiver of the sign code to allow event signage to be placed by
November 5th, reservation of parking spaces as requested, and approval of staff assistance as
requested. I do not recommend waiver of the Police costs. Approval to be contingent on the
receipt of a certificate of insurance and hold harmless agreement.
RAB/tas
File:u:sweeney/events
Doc Harvest Fest 2001 agenda item
The GREATER
DELRAY BEACH
Chamber of Commerce
September 26, 2001
Mr. Robert Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Bob:
As you know, the Greater Delray Beach Chamber of Commerce is in the process of organizing
Harvest Fest scheduled for November :~7 & 18, 2001 at Veteran's Park. ! have met with four
Executive Board members of the Delray Art League and they are in agreement to share the park and
combine efforts to ensure an even bigger and more successful event.
Although the event is non-city staff intensive, there are a few requests and needs to prepare for the
festival. Please consider the following:
1. Shared reservation of Veteran's Park with the Delray Art League;
2. Use of the public streets and public parking facilities in and around the event site for vendor set-
up and parking (separate individual request will be made to the management company of
Atlantic Plaza for use of the north parking lots);
3. Blocking of approximately six (6) parking space in public parking lot adjacent to the park for
portable restrooms;
4. Lift two-hour parking restriction in the public parking lots on SE 5th Ave., SE 6th Ave. and the lot
to the north of Atlantic Ave. in the 300 block;
5. Allow all vendor permits to be assigned by the chamber only;
6. Permission to erect signs promoting the event from October 29 through November :~8, 2001;
7. Limited park maintenance staff use: spraying for ants, checking for Iow/wet spots, sprinklers
turned off, and removal and replacement of park benches;
8. Access to electricity (limited poles);
9. Allow Delray Art League to complete their tent set-up on Friday, November 16th.
! do not foresee any overtime costs. Park maintenance requests can be done on the Friday before
event and the Monday after. Public safety (police and fire/rescue) will be handled on a 911 bas~s
should the need arise.
! truly appreciate the city's support of this event and as always, should you have any questions,
please do not hesitate to contact me.
Sir~cerely,
Ly
Director of Special Events
Cc:
3oe Weldon, Director of Parks & Recreation
Catherine Marshall, Delray Art League
Greater Delray Beach Chamber of Commerce, Inc.
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483
561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com
Chamber Accredited by United States Chamber of Com~nerce
p e. Lr~a~. r,eaS~
DELRAY ART GUE
DI~RAy ART FOUNDATION, iNCORPORATED
PO BOX 1825
DELRAY BEACH, FL33444
Delray Bch. Chamber of Commerce
64 SE 5th Ave.
Delray Bch. Fi 33483
Lin Bafaloukais
Sept. 25, 2001
Dear Lin,
This is to advise the Chamber of Commerce that the Delray
Bch. Art League is willing and happy to join in with the
Harvest Feast project at Veterans Park , Delray Bch. Fl.,
on Nov, ~7 and 18, 2001.
The team of Art League members were in full agreement with
the decisions made with you on site on Sept. 24, 2001 and
thank you and the Chamber .
Lin please call these members on this project for any
decisions you need as they will be in charge and have the
experience of on location.
Lee Sheftell 5779-A Spindle Palm Ct., Delray Bch. 33484
(561) 495 2243
James Wood (Jim) (561) 272 8688 2588 Ave Au Soleil
Guld Stream, Fi. 33483
Respectfully,
Catherine Marshall
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~'/-. ' - REGULAR MEETING OF OCTOBER 16, 2001
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
OCTOBER 12, 2001
Attached is the Report of Appealable Land Use Items for the period October 1, 2001 through
October 12, 2001, it informs the Commission of the various land use actions taken by the
designated boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and f'fie the report as
appropriate.
Ref:Apagmemo.Appealables.10-16-01
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAU,,~I. DOR ECTOR OF PLANNING AND ZONING
//
J/ASMIN ALLEN, PLANNER
MEETING OF OCTOBER 16, 2001 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 1, 2001 THRU
OCTOBER 12, 2001
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of October 1,2001 through October 12, 2001.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of
the LDRs applies. In summary, it provides that the City Commission hears appeals of actions
taken by an approving Board. It also provides that the City Commission may file an appeal. To
do so:
1. The item must be raised by a 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.
A. Approved with conditions (5 to 1, Sneiderman absent, Dowd dissenting), the architectural
elevation plan associated with the installation of awnings and replacement of doors for
Dakotah's/Sidetrack Cafe, located at the southwest corner of East Atlantic Avenue and the
FEC Railroad (270-290 East Atlantic Avenue).
B. Tabled (6 to 0), the architectural elevation plan associated with the installation of decorative
tiles upon the building elevations for Kokopelli, an existing commercial building located on
nd
the west side of NE 6th Avenue (northbound Federal Highway), south of NE 2 Street (124-
152 NE 6th Avenue). The Board tabled the request to allow the applicant to make significant
changes to the building facade.
C. Tabled (6 to 0), the request for a color change for Whoa, LLC an existing commercial
building, located on the east side of North Federal Highway, north of George Bush Boulevard
(815 North Federal Highway). The Board tabled the item to allow the applicant to readdress
the proposed color scheme.
City Commission Documentation
Appealable Items Meeting of October 16, 2001
Page 2
D. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the reconstruction of the 2,892 sq. ft. restaurant,
conversion of the existing 1,800 sq. ft. retail store to restaurant and the addition of a 2"'~ story
one bedroom apartment for Bob's Famous Bar, located at the northwest corner of East
Atlantic Avenue and Railroad Avenue. Concurrently, the Board approved a waiver reducing
the required terminal landscape island width from 5' to 2.5' in order to provide the required
parking.
E. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the construction of a 3,734 square foot
warehouse addition for Adelphia Cable Warehouse, located on the east side of SW 4th
Avenue, north of Linton Boulevard (1595 SW 4th Avenue).
Approved (7 to 0), a request for a Certificate of Appropriateness to allow a change in the roof
material from shingles to a standing seam cooper roof for a contributing structure, located at
44 South Swinton Avenue.
Approved (7 to 0), a request for a Certificate of Appropriateness to allow a change in the roof
material from shingles to a standing seam cooper roof and replacement of the existing metal
column with a tapered wood column for a contributing structure at 40 Swinton Avenue.
Approved (7 to 0), a request for a Certificate of Appropriateness to allow the installation of
signage at The Rectory, located at the southwest corner of East Atlantic Avenue and
Swinton Avenue (20 West Atlantic Avenue).
Other Item
The Board approved (5 to 2, Sexton and Jamison dissenting), a recommendation to the
Planning and Zoning Board regarding an amendment to the Land Development Regulations
Section 2.2.6(B) "Composition and Special Qualifications" (for Members of the Historic
Preservation Board). The proposed changes seek to ensure that the composition of the Board
is comprised of a registered architect, registered landscape architect and an individual with
expertise in the construction industry.
No Regular Meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
October 16, 2001
GULF STRE~ SL VD
CANAL
~ - ,
...... ~ I 1
T,o ~ ~ U~N B~ARD
S.P.R.A.B.:
A. DAKOTAH'S SIDETRACK CAFE
B. KOKOPELLI
C. WHOA, LLC
D. BOB'S FAMOUS BAR
E. ADELPHIA CABLE WAREHOUSE
N W 2ND ST
S.W 2ND ST
SW
UHTOIV
CANAL
H.P.B.:
1. 44 SOUTH SWlNTONAVENUE
2 40 SOUTH SWlNTON AVENUE
3. THE RECTORY
......... c~rY UN,rs .........
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
1999
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM O{?/~ - REGULAR MEETING OF OCTOBER 16; 2001
AWARD OF BIDS AND CONTRACTS
OCTOBER 12, 2001
This is before the City Commission to approve the award of the following bids and purchase
awards:
Purchase award for an estimated annual cost of $91,575.00 to Praxair Inc. for
Liquid Carbon Dioxide (Co2) via the City of West Palm Beach Bid #00/01-51.
Funding is available from 441-5122-536-52.21 (W&S Chemicals).
Award of bid in the estimated annual cost of $75,000.00 to AMPS, Inc. for
production well rehabilitation for various wells located within the City. Funding
is available from 442-5178-536-63.97 (W&S Replacement Fund).
Bid award for an estimated annual cost of $15,000.00 to Allied Universal
Corporation for the purchase of Hydrofluosilcic Acid. Funding is available from
441-5122-536-52.21 (W&S Chemicals).
Contract renewal for an estimated annual cost of $35,000.00 to Colonna Asphalt
Restoration Inc. for asphalt and concrete repairs to various locations within the
City. Pricing via Broward County contract #H-D-98-280-M1, funding is
available from 441-5123-536-34.90 (Other Contractual Services).
Purchase award to Flowserve US Inc. in the amount of $41,500.00 for new water
main line stop equipment based on prices from an existing City of Ft. Lauderdale
purchase order. Funding is available from 441-5123-536-64.90 (W&S Other
Machinery & Equipment).
Bid award in the amount of $51,300.00 to Accurate Tennis for the resurfacing of
six (6) clay courts at the Delray Beach Tennis Center. Funding is available from
334-4145-572-63.90 (General Construction/Other Improvements).
Recommend approval of the bids and purchase awards listed above.
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing SupervisorC~''~
Joseph Sa~~ance Director
October 10, 2001
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 16, 2001 - BID AWARD
FURNISH AND DELIVERY OF LIQUID CARBON DIOXIDE (Co2)
VIA CITY OF WEST PALM BEACH BID #00/01-51
Item Before Commission:
The City Commission is requested to approve award to low bidder, Praxair, Inc. for the purchase
and delivery of Liquid Carbon Dioxide (Co2) at an estimated annual cost of $91,575 via the City
of West Palm Beach Bid #00/01-51.
Background:
The City of West Palm Beach is the lead entity for this joint bid with the City of Delray Beach
for the purchase and delivery of Liquid Carbon Dioxide (Co2). Bid #00/01-51 on file in the
Purchasing Office. A tabulation of bids is attached for your review.
Per attachments, the City of West Palm Beach and the Manager of the Delray Beach Water
Treatment Plant recommend award to low bidder, Praxair, Inc.
Recommendation:
Purchasing staff recommends award to the low bidder, Praxair, Inc. for furnishing and delivery of
Liquid Carbon Dioxide for the Water Treatment Plant at an estimated annual cost of $91,575.
Funding from account code 441-5122-536-52.21.
Attachments:
Memo to Manager Water Treatment Plant
City of West Palm Beach Purchase Order
Tabulation of Bids
Oct 10 O! 08:53a Cit~
PURCHASING DIVISION
TO:
FROM:
THROUGH:
DATE:
John Bullard, Manager Water Treatment Plant
Jackie Rooney, Purchasing Supervisor("~
Joseph Sa~' ance Director
September 25, 2001
SUBJECT: Furnish and Deliver Liquid Carbon Dioxide
City of West Palm Beach Bid #00/01/51
Attached is the "Tabulation of Bids" received from the City of West Palm Beach
for the above referenced subject, and a copy of the proposals from each of the
three bidders. This is a joint bid with the City of West Palm Beach and City of
Delray Beach and the City of West Palm Beach is the lead entity for this joint bid.
The City of West Palm Beach is recommending award to Iow bidder, Praxair, Inc.
per the attached warehouse requisition ff-80578, dated August 15, 2001, from
their Public Utilities Department. (They do not have to go to their board for
approval for award to the approved bidder if the monies were already approved
by their Commission in the annual budget approval process.)
tf you approve of this recommendation, please sign below and forward to my
attention and I will do the agenda request for the Oct. 02, 2001, meeting. The
total estimated annual cost for the City of Delray Beach is $91,575 (est. annual
usage 925 tons x $99.00 per ton = $91,575). Funding from account code 441-
5122-536-52.21.
Recommend Approval:
..~... ~-- ;~)~- ~.,~'~-~.
~'Manager Water Treatment Plant
Date
Attachments
Cc: Richard C. Hasko, Director Public Utilities
C. Danvers Beatty, Deputy Director Public Utilities
SFP-24-2001 ~A:O] PURCHASING 561 835 0028 P.01/0]
AGENDA ITEM NUMBER: I
AGENDA REQUEST
Request to be placed on: October 16, 2001
Date: October 10, 2001
XX Consent Agenda ~ Special Agenda __ Workshop Agenda
Description of agenda item:
Approval for award to Iow bidder, Praxair Inc. for the purchase and delivery of Liquid Carbon
Dioxide (Co2) via the City of West Palm Beach Bid #00/01-51 for an estimated annual cost of
$91,575 for the City of Delray Beach.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award to Praxair Inc. for the purchase and delivery of Liquid Carbon Dioxide (Co2) via
the City of West Palm Beach Bid #00/01-51. Funding from account code 441-5122-536-52.21.
Department Head Signature.'~----~~--/4~~,'~,-~,~/~l~)
f./ ' -- x' -\
Determination of Consistency with'Comprehensive Plan: -
City Attorney Review/Recommendation (if applicable):
Budget
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Director Review (required on all iterr~ ir~volving expenditure of funds):
FundJng available: Yes, L,,'" No
(if applicable)
No
Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor(~~
Joseph Sa~~inance Director
October 10, 2001
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 16, 2001 - BID #2001-41 AWARD FOR
PRODUCTION WELL REHABILITATION
ANNUAL CONTRACT - AMPS, INC.
Item Before Commission:
City Commission is requested to approve bid award to low responsive bidder, AMPS, Inc. for an
annual contract for production well rehabilitation for various wells located within the City of
Delray Beach at an estimated annual cost of $75,000.
Background:
The Water Treatment Plant has a need for an annual contract for Production Well Rehabilitation
for twenty-eight (28) wells located within the City of Delray Beach to keep iron bacteria down to
a minimum. This well rehabilitation is done on an average of four (4) wells per year
continuously. Bids were received from five (5) vendors on September 25, 2001 per Purchasing
Policies and Procedures. (Bid #2001-41 on file in the Purchasing Office.) A tabulation of Bids
is attached for your review.
The Manager of the Water Treatment Plant recommends award to the low bidder, AMPS, Inc. for
an estimated annual cost of $75,000. See attached memo dated October 10, 2001. AMPS, Inc. is
our current vendor for this well rehabilitation contract and their service has always been good.
Recommendation:
Staff recommends the approval of award to the low bidder, AMPS, Inc. for Production Well
Rehabilitation for an estimated annual cost of $75,000. Funding from account code #442-5178-
536-63.97.
Attachments:
Memo from Manager Water Treatment Plant Dated October 10, 2001
Tabulation of Bids
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
www delrayesd, com
TO:
FROM:
JACKIE ROONEY - PURCHASING SUPERVISOR
JOHN BULLARD~- W.T.P. MANAGER
SUBJECT: BID # 2001- 41 PRODUCT WELL REHABILITATION ANNUAL CONTRACT.
DATE:
OCTOBER 10, 2001
I have reviewed the bids for Product Well Rehabilitation and recommend award to Amps.Inc.
We anticipate a total annual spending of $75,000.00 which will be funded out of Account
# 442-5178-536-63:97 (Budget Transfer is attached).
Cc:
Richard Hasko - Director - Public Utilities
Danvers C.Beatty - Deputy Director - Public Utilities
U: lmemos from J BullardMmps Contract 02. doc
la. -- ~ = ---='~ E o
~O) ml~ o o o -- o o-r-r o o
~-- o o o o°'~ ~
o,O,m o o o o
--~ :d d d ' m u4 dE u6 d
ioo o o o=
,- 0'F e~ e¥ o ~ ,--o
~' 0 0 0 0~ .q~ 0 (iD iii 0 CD
~U.I =
~'~ o o o oo, o oo o o
~ o o o o~ 8.[
Z
~ ~ ~ +
~ 0 0 0 0 0 0 0
~ o o o o o o o o
~ ~ ~ ~ ~ ~ d ~ Z
· - e E ~ ~ c E
- ~,_ .- ~oo o ._ ~
I--
CI
0
AGENDA REQUEST
Request to be placed on: October 16, 2001
Date: October 10, 2001
XX Consent Agenda __ Special Agenda __ Workshop Agenda
Description of agenda item:
Approval of award for Bid #2001-41 to Iow bidder, AMPS, Inc. for an annual contract for Productio
Well Rehabilitation for various wells located within the City of Delray Beach at an estimated
annual cost of $75,000.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award of Bid #2001-41 to AMPS, Inc. for an annual contract for Production Well
Rehabilitation at an estimated annual cost of $75,000. Funding from account code 442-5178-536-
63.97 per attached Budget Transfer.
Department Head Signat~ ~~'~, ,c~x~
Determination of Consistency wi~th~omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on.a, II items in_volv~ing e__xpen~liture__of furtds):
Funding available: Yes [,,/~ /'~'~~ ~ ~0}~!°/0/
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
(if applicable)
No
Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Saf~~nce Director
October 10, 2001
DOCUMENTATION - CITY COMMISSION MEETING
BID AWARD -BID #2001-45 - PURCHASE AND DELIVERY
OF HYDROFLUOSILICIC ACID TO ALLIED UNIVERSAL
CORPORATION
Item Before Commission:
City Commission is requested to approve the bid award to low responsive bidder, Allied
Universal Corporation, for the purchase and delivery of Hydrofluosilicic Acid for the Water
Treatment Plant at an estimated annual cost of $15,000.
Background:
The Water Treatment Plant is in need of an annual contract for the purchase and delivery of
Hydrofluosilicic Acid for the fluoride in the water system.
Bids were received on September 27, 2001 from four (4) Contractors all in accordance with City
Purchasing Policies and Procedures. (Bid #2001-45. Documentation on file in the Purchasing
Office.) A tabulation of bids is attached for your review.
The Manger of the Water Treatment Plant is recommending award to the low bidder, Allied
Universal Corporation at a unit cost of $.78 per gallon. See attached memo dated October 10,
2001. The actual usage last year was increased due to the water shortage, therefore, it is
recommended that an estimated annual cost of $15,000 be awarded for this fiscal year.
Recommendation:
Purchasing Staff recommends award to Allied Universal Corporation for the purchase and
delivery of Hydrosluosilicic Acid for the Water Treatment Plant at an estimated annual cost of
$15,000. Funding from account code #441-5122-536-52.21.
Attachments:
Tabulation of Bids
Memo from Water Treatment Plant Manager
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
SUBJECT:
DATE:
U M
www delrayesd, com
JACKIE ROONEY - PURCHASING SUPERVISOR
JOHN BULLARD0[~ W.T.P. MANAGER
BID # 2001- 45 HYDROFLUOSILICIC ACID ANNUAL CONTRACT
OCTOBER 10, 2001
I have reviewed the bids for Hydrofluosilicic Acid and recommend award to Allied
Universal Corp.
We anticipate a usage of approximately 15,000 gallons per year x $0.78 per gallon for
A total cost orS11,700.00, which will be funded out of Account # 441-5122-536.-~. ~
Cc~
Richard Hasko - Director - Public Utilities
Danvers C.Beatty - Deputy Director - Public Utilities
Uqmemos from J BullardMlhed Universal Contract doc
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: October 16, 2001
Date: October 10, 2001
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Approval of award for Bid #2001-45 to Iow bidder, Allied Universal Corporation for the purchase of
Hydrofluosilicic Acid for an estimated annual cost of $15,000.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award of Bid ¢Y2001-45 to Allied Universal Corporation for the purchase and delivery of
Hydrofluosilicic Acid at an estimated annual cost of $15,000. Funding from account code 441-
5122-536-52.21.
Department Head Signature: fl~/k _
Determination of Consistency mprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items [nvo~lving expenditure of funds):
Funding available: Yes [,,,/~ ~'NI~~''''1-'''-~''
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~__~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
(if applicable)
/~ No
Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Saf~nance Director
October 10, 2001
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 16, 2001 - AWARD APPROVAL FOR ASPHALT
AND CONCRETE REPAIRS TO COLONNA ASPHALT RESTORATION,
INC. VIA THE BROWARD COUNTY CONTRACT
Item Before Commission:
City Commission is requested to approve the contract renewal with Colonna Asphalt Restoration
Inc. for asphalt and concrete repairs to various locations within the City of Delray Beach for an
estimated annual cost of $35,000.
Background:
The Water Distribution Division currently utilizes Colonna Asphalt Restoration Inc. for asphalt
and concrete repairs caused by water mains and service breaks via the Broward County Contract
#H-D-98-280-M1.
Broward County has extended the current 1999 contract with Colonna Asphalt Restoration Inc.
for an additional term with the expiration date of October 11, 2002. See attached documentation
from Broward County dated September 26, 2001.
Per attachments, Colonna Asphalt Restoration Inc. has agreed to extend to the City of Delray
Beach the pricing per the Broward County Contract, and the Deputy Director of Public Utilities
and Water/Sewer Network Manager recommend this renewal with Colonna Asphalt Restoration
Inc. at an estimated annual cost of $35,000.
Recommendation:
Staff recommends approval for the renewal with Colonna Asphalt Restoration Inc. for asphalt
and concrete repairs for various locations within the City of Delray Beach via the Broward
County Contract #H-D-98-280-M1 at an estimated annual usage of $35,000. Funding from
account code 441-5123-536-34.90.
Attachments:
Memo from Deputy Director Public Utilities
Memo from Colonna Ashpalt Restoration Inc.
Broward County Renewal Letter
II
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
w~n~.d¢lray~d corn
TO:
THRU:
FROM:
JACKIE ROONEY,
PURCHASING SUPERVISOR
DAN BEATTY, P~
DEPUTY DIREC~ PUBLIC UTILITIES
solomon,
SUBJECT: COLONNA ASPHALT
DATE:
OCTOBER 10, 2001
We are requesting to continue thc services of Colonna Asphalt for thc purpose of asphalt and
concrete repairs caused by water mains and service breaks. We will be piggy backing the
Broward County contract. Thc expected cost for repairs this fiscal year will be approximately
$35,000 and will be funded from Water Distribution 441-5123-536-34.90 Other Contractual
Services.
SW$:hm
Doc~matl
Colonna
Asphalt Restoration, Inc.
1100 S. Powerline Road · Suite 110
Deerfield Beach, Florida 33442
(954) 571-8740 * Fax (954) 571-8742
Toll Free 1-888-Colonna
October 1, 2001
City of DeL-ay Beach
434 So~h Swinton Avenue
D~lr~y Beach, Florida 33444
Ama: l~chasing Division
Re: Piggy back Broward County OES Contra~
This is to vcrif-y that Colonna Asphalt Restorafion~ Inc. ia willing to renew its contract
with the City of Delray.
The City agr~s to the te~ms and prices in our contra~t with Broward County OES Bid
No. H-D-98-280-M1. This contract is in effect from October 12, 2001 to O~ber 11,
2002. (Please see attached letter from county)
Please sign both copie% retttrn one to us and retain one for your records.
President
Colonna Asphah Restoration, Inc.
Accepted l~y: Title
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: October 16, 2001
Date: October 10, 2001
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Approval of contract renewal with Colonna Asphalt Restoration Inc, for asphalt and concrete
repairs to various locations within the City of Delray Beach for an estimated annual cost of
$35,000. Pricing per Broward County Contract #H-D-98-280-M1.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve contract renewal with Colonna Asphalt Restoration Inc. for asphalt and concrete repairs
to various locations w~thin the C~ty of Delray Beach for an estimated annual cost of $35,000 via
the Broward County Contract #H-D-98-2980-M1 Funding from account code 441-5123-536-
34.90 (Other Contractual Services).
Department Head Signal_ ~~'~r-~
Determination of Cons,stency wit~t~h Co~prehens,ve P~la~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items {nvetlving expenditure of funds):
Funding available: Yes ~.~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
~ No
Disapproved
(if applicable)
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N
D
U
M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.E.~]~
Deputy Director of Pu~ilities
October 10, 2001
Purchase of Water Main Line Stop Equipment
Attached is an Agenda Request and supporting documentation for award of a purchase to
Flowserve US, Inc. for new line stop equipment. This equipment will replace existing deteriorated
equipment and will enable crews to prevent service interruptions due to main breaks and shut
downs. The purchase will be made based on prices from an existing City of Ft. Lauderdale
purchase order. The total amount of this purchase is $41,500.00 and funding is available from
Account # 441-5123-536-64.90, Other Machinery and Equipment.
Please place this item on the October 16, 2001 Agenda for consideration by City Commission.
CDB/pd
CC;
Richard Hasko, P.E., Director of Environmental Services
Scott Solomon, Manager of Water/Sewer Network Division
City Clerks Office
Agenda File
U'\wwdataLMemo\C~ty Manager~Purchase of Water Mmn doc
IPSO 0n4Jne ~lfVlI
October 4, 2001
City of Dell'ay ~
434 $, Swlnton Avenue
Delmy Belch, FL 33444
Dear Mr. Solomon:
661/243-730g
Fax: 243-7301.
We at Flows~rv® - IntemlJom~ Pil~g~ Compeny (iPSC, O) will honor the price~
from the City of FL Lauderdaleor tEeC~'~y"-of We~t Palm Beach recent purchase orders for
the FIo-~top II Unestop ~ipment
If you have any question~ a' need any additional i~ please don't hesitate to
our office at the number below.
~Incerely,
Gregory J. Foushi
Regional Sales Manager
~ US, lac., Ol~-LIne 8eeeoea
Lira ~ng / Leek Sealing
Ftlont 4e1114e.IlO0
Irlcan~ 4071 ~13-2010
Toi F~ Ilt l g4. TIg
10 04/01 14:28 I:~.\ 954 828 5576 CIT~. OF FT. LA[,D. PtRCH.
o
(~
o
U.I
0
ltl/04,'01 14:28 I.~.\ 954 828 5576 CITY OF FT. LARD. PI, RCH. ~--~002
o "r' LI.
10'/04/01 14:29 FAX 954 828 5576 CITY OF FT. LAUD. PI'RCit. [~003
MEMORANDUM NO. 99-1990
DATE: December 22, 1999
TO: Mayor Jim Naugle
Vice Mayor Carlton B. Moore
Commissioner Gloria F. Katz
Commissioner Tim Smith
Commissioner lack Latona
FROM: F.T. Johnson, City Manager
VIA: Gregory A. Kisela, Assistant City Manager
Frank T. Coulter, Deputy Public Services Director
BY: Michael F. Bailey, Utilities Distribution & Collection Systems Manager
SLrBJECT: January 4, 2000 Agenda - Purchase Pipe Line-Stopping Equipment
This is a reconm~endation for approval to purchase a pipe "line-stopping" system to be
used for isolating pipe segments that are under pressure.
As our utility infrastructure ages, it becomes increasingly important to take the necessary
steps to recapitahze our water and sewer systems. Each component of these systems has
a useful life and should be replaced or rehabilitated based upon its condition, which is a
function of age, environment and operating conditions.
Valves are critical components that may be easily overlooked because it is often assumed
that they have the same usehl lives as the piping to which they are connected. We have
found that this is not the case, however, and valves often require replacement before the
pipe.
The recommended line-stopping equipment allows us to insdrt temporary valves in pipes
up to 12 inches in diameter in order to remove and replace an existing valve. This
equipment also provides a bypass system so that interruption of service to customers is
minimized. Without this equipment, pipe segments on either side of the valve to be
replaced would need to be isolated using existing valves, causing customers to be out of
water while the work takes place.
International Piping Services Co. is the low responsive and responsible bidder at a cost of
$41,500. Funds were included in this year's Water and Sewer Fund budget.
We recommend City Commission approval for the purchase of a pipe "line-stopping"
system from International Piping Services Co at a cost of $41,500.
AGENDA REQUEST
No,
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: October 10, 2001
When: October 16, 2001
Description of item (who, what, where, how much): Staff requests Commission award of a purchase to
Flowserve US, Inc. for new line stop equipment. The purchase will be made based on prices from an
existing Ci~ of Ft. Landerdale purchase order. The total amount of this purchase is $41,500.00 and funding
is available from Account # 441-5123-536-64.90, Other Machinery and Equipment.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of a purchase to Flowserve US, Inc. in the amount of
$41.500.00.
Department head signature: ~~, ~'----~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review ~3,tC~'red on all items involving expenditure of funds):
~ Funding available ~___~ 0
~'). ~ Funding alternatives ~- (if applicab~)
~VJd~ AccountSo.&Description /4ql lZ3 - S3 . q-fio ...... H r .t
~~ Accost Bal~ce 5 ~, ~O-I ~
Ci~ Manager Review:
Approved for agenda: ~O ~
Hold Until:
Agenda Coordinator Review:
ReceNed:
Placed on Agenda:
Action:
Approve~isapproved
U \wwdataWormskAgenda RequestskAgendaReq - L~neStop Equip doc
MEMORANDUM
TO:
FROM:
THROUGH:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor~
Joseph Safford, Finance Director,~/V.~
DATE:
October 10, 2001
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
OCTOBER 16, 2001 -BID AWARD FOR RESURFACING
OF SIX (6) CLAY COURTS AT THE DELRAY BEACH
TENNIS CENTER
Item Before Commission:
City Commission is requested to approve award to Accurate Tennis for resurfacing six (6) clay
courts at the Delray Beach Tennis Center for a total amount of $51,300.
Background:
The Delray Beach Tennis Center needs to have six (6) clay courts resurfaced as they are in poor
condition. The awarded vendor will laser grade the courts to proper slope for drainage and
construct a uniform wearing surface to remove all depressions such as created by scuff marks,
water runoff or wear created on both sides of the line. This work must be completed no later
than November 21, 2001, in preparation for up-coming tournaments at the Tennis Center.
Bids were received from three (3) Contractors on October 10, 2001 all in accordance with
Purchasing Policies and Procedures. (Bid #2001-46 on file in the Purchasing Office). A
tabulation of bids is attached for your review.
The Assistant City Manager recommends award to the low bidder, Accurate Tennis for the total
amount of $51,300. See attached memo dated October 10, 2001.
Recommendation:
Staff recommends award to Accurate Tennis for the resurfacing of six (6) clay courts at the
Delray Beach Tennis Center for a total amount of $51,300. Funding from account code #334-
4145-572-63.90.
Attachments:
Memo to Assistant City Manager
Tabulation of Bids
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Robert Barcinski, Assistant City Manager
Jackie Rooney, Purchasing Supervisor (~
Joseph Saff~nance Director
October 10, 2001
Bid #2001-46
Delray Beach Tennis Center Clay Court Rehabilitation
Bids were opened on October 10, 2001 for the rehabilitation of six (6) clay courts at the Delray Beach
Tennis Center.
Bids received were as follows:
Accurate Tennis $51,300.00
Calico Racquet Courts Inc. $55,032.00
Froehling's Papico $72,840.00
Please review the attached copies of bids received and forward to Purchasing your award
recommendation and I will proceed with Commission Agenda for October 16, 2001.
Recommendation Award to: ~
Assistant City Manager Date
Attachments:
Copies of Bids Received
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: October 16, 2001
Date:
XX Consent Agenda
Special Agenda
Description of agenda item:
October 10, 2001
Workshop Agenda
Approval of award of Bid #2001-46 to Iow bidder, Accurate Tennis, for the resurfacing of six (6)
clay courts at the Delray Beach Tennis Center for a total amount of $51,300.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award of Bid #2001-46 to Accurate Tennis for the resurfacing of six (6) clay courts at the
Delray Beach Tennis Center for the total amount of $51,300 Funding from account code 334-
4145-572-63.90.
Department Head Signature:~..~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
(if applicable)
Approved for agenda:(~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
No
Disapproved
[ITY OF DELRI:IY BER[H
DELRAY BEACH
AII-AmedcaCity
1993
100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Children's Services Council
DATE:
October 12, 2001
The Parks and Recreation Department has completed its budget for the
fourth year of funding from the Children's Services Council for our out
of school program. We will serve 300 children at three (3) sites durin9
the school year, approximately 50-55 children in our 8 day camps (Holiday
Camp, Spring Fling, one day camps), and an additional 330 children as
part of our summer camp program. CSC funding will amount to
approximately $124,680. This now needs to go before City Commission for
their approval in order to execute our Contract #01-104.
I apologize for the lateness of this submission, but we only received the
contract yesterday from Children's Services Council. Please place this
on the October 16, 2001 agenda for City Commission consideration, and
call if you have any questions regarding this matter.
Attachment
JW:cp
Ref :dhcsc01
Pr/nted on Rocyc/ed Paper
THE EFFORT ALWAYS MATTERS
MODIFICATION AND EXTENSION AGREEMENT
This Agreement, entered into as of this 1st day of October 2001, by and between the
CHIIJDREN'S SERVICES COUNC1L OF PALM BEACH COUNTY, a political subdivision of
the State of Florida (hereinafter referred to as "Council") and City of Delray Beach/Parks &
Recreation Out-of-School Youth Recreation/Enrichment (hereinafter referred to as
"Provider"), for the period from October 1, 2001 ("Effective Date") to September 30, 2002.
WI-[EREAS, by Agreement dated as of October 1, 1998 (the "Original Agreement"),
Provider agreed to provide certain services and Council agreed to reimburse Provider for those
services in program entitled Parks & Recreation Out-of-School Youth Recreation/Enrichment,
and
WHEREAS, the parties, pursuant to the terms of this Agreement, have decided to modify
and extend the Original Agreement.
WITNESSETH:
IN CONSIDERATION of mutual agreements hereinafter contained, the parties intending
to be legally bound hereby agree as follows:
1. The Original Agreement is hereby modified by amending paragraph 1 thereof to read
as follows:
The Council agrees to reimburse to the Provider sums up to $124,680.00 for provision
of services described in Exhibit "A" (consisting of the Program Evaluation Model)
attached hereto and made a part hereof; composite Exhibit "B" (consisting of the
Council's Budget Forms A, A1 and B submitted by Provider) attached hereto and
made a part hereof; and Exhibit "C" (consisting of the Budget Summary Form)
attached hereto and made a part hereof. It is expressly understood and agreed, by and
between the parties, that the services to be rendered hereunder by the Provider shall
be provided in compliance with all terms and conditions set forth in the Exhibits "A",
"B", and "C" and with the Conditions of Award attached hereto and made a part
hereof as Exhibit "D", as well as the terms and conditions of this document. The
attached Exhibits to this Agreement shall control over any inconsistent provisions in
the Exhibits attached to the Original Agreement.
2. The Original Agreement is hereby modified by amending paragraph 3c thereof to read
as follows:
Co
To submit, upon completion of this Agreement, a GAO Standard Financial and
Compliance Audit ("the Audit"), complete with management letter, within 180
days of the Provider's fiscal year end. In the event that Provider's fiscal year end
Contract #: 01-104
Non-Profit Agency Extension Agreement - original 1998
Page: 2
occurs prior to the completion of the term of this Agreement, Provider will supply
the Audit and accompanying management letter for each of the Provider's fiscal
years occurring during the term of this Agreement, each such audit and
management letter to be provided within 180 days of Provider's fiscal year end.
3. The Original Agreement is hereby modified by amending paragraph 14 thereof to read
as follows:
14.
Payments for services rendered pursuant to this Agreement shall be made to the
Provider monthly on a reimbursement basis. Provider shall submit an invoice to
the Council by the 10th day of each month following the month in which the
services were provided. The invoice will include documentation reflecting all
expenditures made by the Provider under this Agreement, in whatever form
reasonably required by Council. Subject to the availability of funds, the Council
will provide reimbursement to the Provider within 45 days after receipt of the
invoice. Provider shall submit a final invoice to the Council no later than October
31, 2002 (with appropriate documentation). The Council will not reimburse
Provider for any expenditures made by Provider under this Agreement that are
submitted after October 31, 2002.
4. The Original Agreement is hereby modified by amending paragraph 20 thereof to read
as follows:
20. The Council may assess a charge amounting to five (5%) percent of the Provider's
current month's request to the Council for reimbursement for each month that a
program is out of compliance with the timely submission of fiscal and
programmatic data as required by Sections 3c, 9, 10, and 14 of this Agreement.
At the discretion of the Program Review Committee a $10.00 per day charge may
be added to the 5% charge for items not submitted within 60 days of the original
due date. This charge may also apply if the program does not provide the Council
with current copies of the following documents:
A. Certificates of Insurance
B. License(s) to Operate Agency/Program
C. Sales Tax Exemption Certificate
D. Other items identified in the Conditions of Award"
5. Except as otherwise modified herein, the Original Agreement shall remain in full
force and effect.
F. XWORD~2001-02 Funding ProcesshNonProfitEXT-origmal 1998 doc 10/05/01 2:31 PM
Contract #: 01.104
Non-Profit Agency Extension Agreement - original 1998
Page: 3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their undersigned duly authorized representatives.
City of Delray Beach
BY: DATE:
Print Name
Print Title
Children's Services Council of Palm Beach County
BY: DATE:
Gaetana D. Ebbole, Chief Executive Officer
Approved As To Form & Legal Sufficiency
BY:
Thomas A. Sheehan, 11I
Attorney for Children's Services Council
of Palm Beach County
F:\WORDk2001-02 Fundzng PmcesshNonProfitEXT-origma] 1998.doc 10/05/01 2:31 PM
Exhibit "A"
1. Program Evaluation Model
il
Exhibit "B"
1. Form A: Program Budget Narrative
2. Form A-l: Personnel Budget Narrative
3. Form B:
Program Budget
by Funding Source
~:~-x ~
0C::~ ~_ . ~
" ~ '~ ~ ~ E
0 d ~ ¢ ¢ ~ ~
il
o .s ..
D~
0
LLJ
(DO
OC~
n-~
0
~0
00~
Exhibit "C"
Budget Summary Form
BUDGET SUMMARY FORM
2001-2002 Base Application
Agency Funded
Agency Name: Delray Beach Parks and Recreation by CSC Since:
Program Funded
Program Name: Out-of-School Program by CSC Since: 1988-1989
Total Clients (Program)
Select I Capacity 300 Children 300 Families
Employees Funded by CSC (FTE) 8. _5
.... ~ ;~'--~'-'~'=' ~ FISCAL INFORMATION
ooo- ,oo,
UOOE
CSC Funds $ 123,502 $ ,124,680 $ 1,178 .9(e %
Total Pro(jram Budget $ 319,9g0 $358,921 $ .38,931 12.17 %
CSC % of Program Budget 38.6 % 34,7
AGENCY
Total Agency Budget ;$ 5,900,000 $ .5,800,000 $ ('100,000) ('1.7) %
Total CSC Funds (Agency) ].23,502_ $.124,680 $ ]., ].78 .96
CSC % of Agency Bad,let 2. ! , ' % 2
CSC Cost per Client $ /,~ ~ Cn
(Capacity, Children, Family) ,
Instructions 1 Complete agency and program name and indicate date when CSC first funded each.
2 Give number of clients to be served by the CSC funded program by selecting only ,one of either
capacity or children or families.
3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part) as noted in
column 8 of Form A-I. Note 100% = I FTE.
4 Complete other fiscal information for your program and agency giving comparison with previous year,
dollar change and percentage change.
5 Leave section "For CSC Use Only" blank
Exhibit "D"
1. Conditions of Award
CONTRACT 0t-104
AGENCY: City of Delray Beach Parks & Recreation Department
PROGRAM: Out-of-School Youth Recreation/Enrichment
CONDITIONS OF AWARD
I. PROGRAMMATIC
A. Issues or information to be furnished or resolved within sixty (60) days of
execution of contract:
N/A
B. Conditions to be observed throughout contract:
The program is to serve latchkey children who are of elementary-school age.
Latchkey children are defined as having parents or guardians who work or who
are otherwise not regularly available to provide supervision during out-of-school
hours; i.e., 3:00 to 6:00 PM, summer, school holidays, and partial days.
Representatives of all programs receiving funding through the Children's
Services Council 1998-99 RFP will become members in good standing of the
Palm Beach County Out-of-School Consortium.
3. A designated provider representative(s) will attend and participate in monthly
provider meetings, which are held by the Council's staff.
All staff funded through the Children's Services Council who have direct contact
with children must complete ten hours of annual in-service training in
Developmentally Appropriate Practices. This is in addition to the training
required by licensing.
Providers receiving funding from CSC need to have a Disaster Plan in place to
protect staff, and property, and to ensure the program's ability to continue
essential functions for the community.
o
Programs funded through CSC will make every effort to obtain staff that have
the cultural competence and language skills to work successfully in the
community with the population being served.
7. All staff working in CSC funded programs are to follow the child abuse reporting
requirements under Florida law.
F:~Word~2001 - 2002~2001-2002 Funding Process\Conditions of AwardH 04 C~ty of Delray Beach Parks & Rec doc
06/27/01 3'31 PM
CONTRACT 01-104
AGENCY: City of Delray Beach Parks & Recreation Department
PROGRAM: Out-of-School Youth Recreation/Enrichment
I1. FISCAL
A. Issues or information to be furnished or resolved within sixty (60)
days of execution of contract.
N/A
B. Conditions to be observed throughout contract.
To encourage parents and clients to be responsible partners, Provider agrees
to require a minimum fee for services according to one or more of the following
standards.
a. PBC School Readiness Coalition Subsidized Child Care Parent Fee
Schedule or,
PBC School Readiness Coalition Parent Fee Schedule with
modifications to the daily rate, which are approved in writing by the Council
staff or,
c. A sliding fee scale in a format approved, in writing, by the Council staff.
If any fees are generated by the Council's funded program in excess of the
amount budgeted, the Provider will notify the Council staff of the excess
revenues and plans to expend such fees. The Provider agrees to prioritize the
use of excess fees in the following order:
a. Increase the number of clients attending the program within licensed
capacity.
Purchase those items, which would be considered "enhancements" to
the service being provided in order to improve the quality of the
program.
c. Reduce the Council's funding by the amount of the excess fees received.
3. All fees generated by the Council funded program will be recorded in a
separate revenue account.
F \Word~2001 - 2002~2001-2002 Funding Process\Conditions of Award\104 City of Delray Beach Parks &Rec. doc
06/27/01 3 31 PM
Date: oct. 12, 2001 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
x Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: October 16, 2001
Description of Agenda Item (who, what, where, how much): Request approval of
Agreement with Childrer~'s Services Council which provides for reimbursement to the
City of Delray Beach up to $124,680 for the Parks and Recreation Out of School.
Program, and Mayor's signature on two original Agreements.
Department Hea~_~ ~~
Signature:
City Attorney Re~wfRecommendation (if
applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~es~No Initials: ~c~
Account Number )v-~ (~~ _~/~~ ~_~0~ ~c~Z~
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda'~e~/
No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
EXHIBIT A
Date:,,,.,oct. 12~ 2001
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
x Consent Agenda , Regular Agenda Workshop Agenda Special Agenda
When: October 16~ 2001
Description of Agenda Item (who, what, where, how much): Request approval of
Agreement with Childrer~'s Services Council which provides for reimbursement to the
City of Delray Beach up to $124,680 for the Parks and Recreation Out of School.
Program, and Mayor's signature on two original Agreements.
Department Hea~
Signature:
City Attorney Re'W/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:~Y~ef~/) No Initials: ~---
Account Number )~/z~ ~~ ~~/je_~/~
Description c,
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda'~No
Hold Until:
Initials:
(if applicable)
Agenda Coordinator Review:
Received:
EXHIBIT A
TO:
THRU:
FROM:
SUBJECT:
DA~,~R~~ MANAGER
PAU~L(~D~/~I_ING, DII~TOR OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER ~f~
MEETING OF OCTOBER 16, 2001
EXTENSION OF A CONDITIONAL USE MODIFICATION REQUEST TO ALLOW THE
CONSTRUCTION OF AN 80-BED DORMITORY FOR THE DRUG ABUSE
FOUNDATION~ WHICH IS LOCATED AT THE SOUTHWEST CORNER OF SWINTON
AVENUE AND SW 4TM STREET.
The action requested of the City Commission is that of approval of an extension request to a previously
approved conditional use modification to allow the construction of an 80-bed dormitory for the Drug
Abuse Foundation. The subject property is located at the southwest corner of Swinton Avenue and SW
4th Street. The property is zoned CF (Community Facilities) and contains 6.77 acres.
The Drug Abuse Foundation is a residential alcohol and drug abuse treatment facility that currently has
114 beds in three dormitories. The conditional use modification request is for the construction of a
10,093 square foot dormitory that will contain 60 additional beds, two meeting rooms, and associated
toilet and shower facilities. The objective is to allow for better utilization of the existing residential space
on the campus, and to add halfway house services for women. The proposal also includes the
installation of 19 new parking spaces and relocation of the existing dumpster enclosure. Additional
background and an analysis of the request are found in the attached Planning and Zoning Board Staff
Report.
At its meeting of May 2, 2000, the City Commission approved a conditional use modification to allow the
80-bed dormitory mentioned above. The approval is valid for 18 months unless 25% of the
improvements have been completed. To date the applicant has not addressed the condition of approval
that required platting the property. Consequently, the applicant has submitted a request for the extension
of the conditional use approval. Pursuant to LDR Section 2.4.4(F)(1)(c), extensions of a conditional use
modification are considered by the same body that granted the original approval.
At its meeting of May 24, 2000, the Site Plan Review and Appearance Board (SPRAB) approved the site
plan modification for the dormitory. A request for extension of the site plan approval has been received
and will be considered by SPRAB following consideration of the conditional use extension by the City
Commission.
At its meeting of January 2, 2001, the City Commission approved changes to the requirements for
Residential and Non-Residential Alcohol & Drug Abuse Treatment Facilities. The most significant change
provided a 1,200' separation requirement between these facilities and similar facilities as well as between
private/public elementary, middle or secondary schools.
City Commission Documentation
Meeting of October 16, 2001
Drug Abuse Foundation Residential Dormitory - Conditional Use Modification Extension
Page 2
Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved
application pursuant to the following:
· A written request for an extension must have been received by the City at least forty-five (45)
days prior to the expiration date;
· The letter must set forth the basis and reason for the extension;
· The extension shall be considered by the same body which granted the original approval;
· The extension, if granted, shall be for eighteen (18) months unless otherwise stated.
Additionally, when an extension is requested for a project on which construction has not commenced the
granting body must make findings as outlined in Article 3.1 of the LDR's. These are the same findings
that were made for the original approval, which relate to Consistency with the Future Land Use Map and
Comprehensive Plan, Concurrency, and Compliance with the Land Development Regulations. A positive
finding with respect to these items can be made with this extension request.
The applicant has submitted the following statement regarding the delay with the construction of the
dormitory:
"Due to monetary restraints of not being able to obtain sufficient funds to properly
proceed as planned with the project the Drug Abuse Foundation requests an extension
of the concurrency [conditional use] and c/ass IV site plan modification approval of the
Drug Abuse residential building. Note at present the Drug Abuse Foundation has the
necessary monetary funds to proceed with the planned project a contractor has been
contracted and is ready to start with construction as soon as site plans and building
permit approvals are obtained. '
Except for platting the property, the applicant has complied with the Conditional Use conditions of
approval. As noted in the background section, a site plan application was submitted and approved by the
Site Plan Review and Appearance Board and also requires a site plan approval extension. The technical
items noted in the conditional use staff report were addressed via the site plan review process.
LDR Section 4.3.3(D) Residential and Non-Residential Alcohol & Druq Abuse Treatment Facilities:
Appearance
Pursuant to LDR Section 4.3.3(D)(3), residential alcohol and drug abuse treatment facilities shall have
building elevations, which are residential in character and similar in appearance to the surrounding
neighborhood. They shall not be institutional in appearance.
The proposed dormitory is located interior to the existing campus and is substantially blocked from view
by the existing Everet Siemens dormitory. Furthermore, the proposed building is located approximately
221' south of SW 4th Street. The existing land uses are a public park and single family to the north, the
City's Public Works complex to the south and west, and single family (Griffin Gate) to the east across
Swinton Avenue. While the proposed dormitory does not appear residential character, it does contain
some elements that are consistent with a residential neighborhood. The building contains a pitched roof
with concrete tile. The building also contains decorative doors. The architecture of the building is
consistent with the buildings on the property. Given the location of the building on the property and the
City Commission Documentation
Meeting of October 16, 2001
Drug Abuse Foundation Residential Dormitory - Conditional Use Modification Extension
Page 3
surrounding government and parochial style buildings, the proposed dormitory can be considered
consistent with the character of the surrounding neighborhood and is therefore appropriate.
Location Restrictions
Pursuant to LDR Sections 4.3.3(D)(5)(a) & (b), Residential Alcohol & Drug Abuse Treatment Facility shall
not be located within 1,200' of another such facility or private/public elementary, middle or secondary
school. The existing Drug Abuse Foundation campus is located approximately 1,420' from St. Paul's
Episcopal church, which contains a private school. Furthermore, there are no other similar treatment
facilities located in this area of the City. Therefore, the new separation requirements do not affect the
proposed dormitory.
By motion, approve the Conditional Use extension request for the Drug Abuse Foundation Residential
Dormitory as described herein, based upon positive findings with respect to Chapter 3 (Performance
Standards), Sections 2.4.5(E)(5) and 4.3.3(D) of the Land Development Regulations, and the policies of
the Comprehensive Plan, said approval to be valid for an additional eighteen (18) months (expiring May
2, 2003), subject to the condition that the property be platted.
Attachments: Request Letter
Staff Report Dated April 17, 2000
IRCHITECTS
&
PLANNERS
Date:
September 20, 2001
To:
City of Delray Planning and Zoning. Dpt.
100 N.W. 1 st. Ave.
Delray Beach, Florida 33444
Re:
Site Plan of the Drag Abuse Foundation Residential Dormitory
Siemens-Everet Campus
400 S. Swinton Ave.
Delray Beach, Florida. 33444
Scott Dedeaux Pape
To Dear Scott:
Due to monetary restraints of not being able to obtain sufficient funds to properly proceed as
planned with the project the Drag Abuse Foundation requests an extension of the concurrency
and the class IV site plan modification approval of the Drag Abuse residential bldg.
Note at present the Drag abuse foundation has the necessary monetary founds to proceed with the
planned project a contractor has been contracted and is ready to start with construction as soon as
Site plans and building permit approvals are obtained.
Sin
leA. Obeso, Architect
1600 N.W. 2ND. AVE
SUITE 23
(TEL) 561-391-4115
(FAX) 561-391-4173
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
April 17, 2000
V.A.
Conditional Use Modification to Allow the Construction of an 80-Bed Dormitory, the
Eliminabon of 48 Ex~sting Beds, Resulting ~n a Net Increase of 32 Beds Within the
Residential Treatment Program for the Drug Abuse Foundation of Palm Beach County,
(Se~mens-Evert Campus), Located at the Southwest Corner of South Swinton Avenue
GENERAL DATA:
and S.W 4th Street
Owner ....................................... Drug Abuse Foundation of
Palm Beach County, Inc.
Applicant .................................. Alton Taylor,
Executive Director
Agent ...................................... Jose A. Obeso
Location ................................. Located at the southwest
corner of South Swinton
Avenue and S.W. 4th Street.
Property Size .......................... 6.60 Acres
Future Land Use Map ............... Community Facilities-
Churches
Current Zoning ........................ CF (Community Facilities)
Adjacent Zomng ............North: OSR (Open Space &
Recreabon) & R-1-A (S~ngle
Family Residential)
East:RM (Multiple Residential-
Medium Density)
South:CF
West: C F
Existing Land Use .................... Drug Treatment Facility
Proposed Land Use .................. Conditional Use Modification
to allow the construction of an
80-bed dormitory, elimination
of 48 existing beds, which
results in a net increase of 32
beds, with associated parking
and landscaping.
Water Service ........................... Existing on site.
Sewer Service .......................... Existing on site
$ w 2ND
ST
S w ~RO ST
ST
CITY OF DELRAY BEACH
PUBLIC WORKS
COMPLEX
WA TER
TREA TMEN T
PLAN T
S w 6TH ST
I !IIIILLI
Iii Ill
il III ill 'JJ'~!lllll IS~lllil J
V.Ao
The item before the Board is a request for Conditional Use modification approval for an
expansion to the Drug Abuse Foundation, pursuant to Section 2.4.5(E).
The subject property is located at the southwest corner of Swinton Avenue and SW 4th
Street.
Modifications to Conditional Use Approvals are processed pursuant to LDR Section
2.4.5(E)(7). The Planning and Zoning Board must approve modifications that involve
intensity of use or hours of operation. If however, the Board deems that the
modification is significant, then the modification must be heard as a .new Conditional
Use application, requiring formal notification, public hearing, and final action by the City
Commission. This application has been processed and noticed as required for a new
Conditional Use application.
The subject property consists of Lot 20 of the Block 20 Subdivision, and contains 6.77
acres.
In 1988, the Drug Abuse Foundation petitioned the City for a rezoning of the property
from R-1-A (Single Family Residential) to CF (Community Facilities), as well as
conditional use and site plan approval for the establishment of a residential treatment
center. On November 8, 1988, the City Commission approved the rezoning request.
The City Commission approved the conditional use and site plan for the facility on
November 28, 1989.
In 1991, the Foundation applied for a minor site plan modification to convert the existing
church and Sunday School buildings to an auditorium and an administration facility.
The modification also included parking and landscape improvements. The modification
was approved with conditions by SPRAB on April 25, 1991. One of the conditions was
that a plat of the property be recorded. The plat was approved on June 23, 1992 by the
City Commission, but has not been recorded to date. A site plan modification for a
perimeter chain link and decorative aluminum fence was approved by SPRAB on
August 19, 1998.
The Conditional Use Modification seeks to expand the total floor area to add 10,093
square feet to the existing 39,311 square foot Drug Abuse Foundation campus. The
modification approval would allow the following:
Planning and Zoning Board St"'"Report
Drug Abuse Foundation - Cont,,.,onal Use Modification
Page 2
· Construction of a 10,093 square foot dormitory for 80 beds and elimination of 48
existing beds in three existing buildings, resulting in a net increase from 114 to 146
beds (32 additional beds);
· Installation of 19 additional parking spaces within an existing parking lot on the north
side of the proposed building; and
· Relocation of an existing dumpster enclosure at the southwest corner of the parking
area.
The applicant has submitted the following narrative that describes the operation:
"The proposed use of the new building will be as an Intensive Residential
Treatment Center. This is a multi length-of-stay program with average
stays in the 30 to 60 day range for men and women over the age of 18.
Clients participate in a strict regimen of clinical activities designed to
encourage and assist them in the following areas; understanding the
nature of addiction as a disease, recognizing their personal denial
systems, learning that family and social issues relate to recovery and
beginning a personalized program of recovery.
This new building would allow us to better utilize existing residential space
on campus. We would relocate the existing Intensive Program from its
current building to the new building. We would then relocate the Halfway
House Program for men into the vacated Intensive Residential Center.
We would then allow women to participate in a Halfway House Program
using the existing Halfway House building.
As a live-in treatment program the program would be open 24 hours per
day 365 days per year. Admission to the program would remain during
the same days and times as currently exists: Monday through Friday 8 am
to 9 p.m. and Saturdays 9 am to 6 p.m. All admissions are scheduled
appointments. Clients are forbidden by program rules to bring and store
automobiles on campus during their stay in this program. Clients are not
allowed to leave the facility during the program except for medical
emergencies."
The project narrative indicates that the proposed expansion will increase the number of
staff members on-site by six with the 32-net bed addition. The narrative concludes by
stating:
"The proposed changes would allow us to expand our capacity to provide
treatment services to those living in and around Delray Beach. The
creation of halfway house services for women supports the objective of
the Drug Task Force in its aim to make treatment services a priority for its
citizens."
Planning and Zoning Board St-'-"Report
Drug Abuse Foundation - Con~,,.,onal Use Modification
Page 3
CO N O ! 3~i,,OiiN:,A~L~ US~,E~ M:
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
FUTURE LAND USE MAP.' The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CF-C (Community
Facilities - Churches) and a zoning designation of CF (Community Facilities). The CF
zoning district is consistent with the land use map designation and "substance abuse
treatment facilities" is listed as a Conditional Use in the CF zone district [LDR Section
4.4.21 (D)(1)].
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
With respect to water and sewer service, the following is noted:
Water service exists to the site via a 10" main located in the north-south 25'-wide
easement that bisects the property. No main extensions or upgrades are
required with this development proposal. It is noted that adequate fire
suppression is not available to the proposed building, as access to the existing
fire hydrant on the south side of the property is restricted due to a chain-link
fence. Consequently, a condition of approval is attached in Exhibit "^"
(Technical Items) that the applicant provide a fire hydrant adjacent to the
proposed building.
Sewer service exists to the site via an 18" main located in the north-south 25'-
wide easement that bisects the property. No main extensions or upgrades are
required with this development proposal.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS at the City's build-out population based on the current
FLUM. The development of the subject property as a treatment facility was anticipated
Planning and Zoning Board Sr'"'Report
Drug Abuse Foundation - Conu,,,onal Use Modification
Page 4
and was factored into the plan. Thus, a positive finding with respect to this level of
service standard can be made.
Drainaae:
Paving and drainage plans are not required for the conditional use analysis. The
applicant has submitted a conceptual drainage plan that indicates that storm water
runoff will be accommodated on site via the existing drainage system. The conceptual
engineering plans will be reviewed in conjunction with the site plan modification
process. The drainage system will be required to comply with engineering standards at
this time and is noted in the attached Exhibit "A" (Technical Items). Thus, positive
findings with respect to this level of service standard can be made.
Streets and Traffic:
A traffic impact study was submitted indicating that the proposed use will generate 111
average daily trips onto the surrounding roadway network. There is adequate capacity
on the surrounding roadways to accommodate these trips. A traffic study was submitted
and reviewed by the Palm Beach County Traffic Division. There are no problems
anticipated complying with the Palm Beach County Traffic Performance Standards
ordinance. However, a condition of approval is noted in Exhibit "A" that written
verification be provided by Palm Beach County that the proposal complies with the
traffic performance standards ordinance. Based upon the above, positive findings can
be made with respect to traffic concurrency.
Solid Waste:
The proposal calls for a 10,093 square foot dormitory. Trash generated each year by
the proposed 10,093 square foot facility would be 40.37 tons per year. The trash
generated by this proposal can be accommodated by existing facilities, therefore, a
positive finding with respect to this level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable policies were found.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Planning and Zoning Board St ""'Report
Drug Abuse Foundation - Con(~,,,onal Use Modification
Page 5
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The proposed use is bordered by the following zoning designations and land uses:
North R-1-A Single Family
South & West CF Public Works Complex
East RM Multiple Family
Compatibility with the adjacent residential developments is not a concern. The existing
substance treatment facility has occupied the subject property since 1989 without any
known conflicts with the adjacent residential community. The surrounding area has
continued to develop with new housing and improvements to existing homes. The
proposed dormitory will be located on the south side of the existing Everet Siemens
residential dormitory. This existing building will obscure much of the proposed
dormitory with the remaining portions buffered by the existing perimeter landscaping.
The facility is well managed and maintained, and does not pose a threat to the
surrounding area.
Based on the above, a finding can be made that the proposed use will not have an
adverse impact on the surrounding area nor will it hinder development or
redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan
submittal complying with the Land Development Regulations will be required.
Along with the Conditional Use request, a sketch plan has been submitted and
reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the "Technical Items" were identified which are attached as Exhibit
"A" (Technical Items). Most of the items relate to site plan issues. These will
need to be addressed with the site plan submittal. The proposal complies with
LDR Section 4.3.3(D) (Alcohol & Drug Abuse Treatment Facilities), except as
discussed below:
Minimum Floor Area:
Pursuant to LDR Section 4.3.3(D)(1)(a), the minimum floor area for bedrooms and the
minimum number of bathrooms for an Alcohol & Drug Abuse Treatment Facility shall be
governed by the Standard Housing Code Section of the Standard Building Code. Per
Section 308.5 (Minimum Floor Area for Sleeping Purposes) of the 1991 Standard
Housing Code, every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space and every room occupied for sleeping purposes
Planning and Zoning Board St'-'°,eport
Drug Abuse Foundation - Con(~,,,onal Use Modification
Page 6
by more than one person shall contain at least 50 square feet of floor space for each
occupant thereof. Given this area requirement, the four-bed rooms must provide a
minimum of 200-square feet and 400-square feet for the eight-bed rooms. According to
the enlarged floor plan, the required floor area is not provided for these rooms. In
discussions with staff, the applicant has proposed to enlarge the subject dormitory
correspondingly to meet the minimum floor area requirements. A condition of approval
is attached that sufficient floor area is provided to meet the requirements of the
Standard Housing Code.
Common Area:
Pursuant to LDR Section 4.3.3(D)(1)(b), at least 10% of the total floor area shall be
devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts,
wherein a variety of recreational or therapeutic activities may occur. Given the floor
area of the proposed addition (10,093 sq.ft.), a minimum of 1,009.3 square feet of floor
area is required for recreation or therapeutic activities. In to determine compliance, a
condition of approval is attached that a minimum of 10% of common floor area be
provided and noted on the proposed site plan.
The development proposal is within the geographical area requiring review by the
Community Redevelopment Agency (CRA).
Community Redevelopment A.qency (CRA):
The CRA considered the Conditional Use Modification at its meeting of March 23, 2000,
and recommended approval.
Site Plan Review and Appearance Board:
If Conditional Use Modification approval is granted, a site plan modification submittal
will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan
Review and Appearance Board). The site plan must address the concerns raised
through the conditional use petition, and address the listed "Technical Items" (Exhibit
A).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection or support, if any, will be presented at the
Planning and Zoning Board meeting.
Special Courtesy and Nei.qhborhood Notices:
Courtesy notices were provided to the following homeowner's associations and civic
organizations:
Planning and Zoning Board Sf~-~°,eport
Drug Abuse Foundation - Cona,[~onal Use Modification
Page 7
Osceola Park HOA
PROD
President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed conditional use modification for the Drug Abuse Foundation to construct
an 80-bed dormitory is consistent with Chapter 3 of the Land Development Regulations
and the policies of the Comprehensive Plan. The "Technical Items" will be addressed
with the site plan submittal. The treatment facility provides a vital community service to
the City of Delray Beach. Positive findings with respect to LDR Section 2.4.5(E)(5)
(Conditional Use Findings) can be made that the proposed dormitory will not have a
significant detrimental effect on the stability of the surrounding neighborhood or hinder
development or redevelopment of nearby properties.
Continue with direction.
Recommend to the City Commission approval of the Conditional Use
modification request for the Drug Abuse Foundation, based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)
(Conditional Use Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan.
Recommend to the City Commission denial of the Conditional Use modification
request for the Drug Abuse Foundation, based upon a failure to make positive
findings with respect to Section 2.4.5(E) (Conditional Use Findings) of the Land
Development Regulations, that the proposed development will have a
significantly detrimental effect upon the stability of the neighborhood and will
hinder development or redevelopment of nearby properties.
By motion, recommend to the City Commission approval of the Conditional Use
Modification request for the Drug Abuse Foundation, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (Conditional
Use Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the following conditions:
1. That a site plan application be submitted which addresses the Technical Items
noted in the attached Exhibit "A" and conditions of approval;
Planning and Zoning Board S Report
Drug Abuse Foundation - Conomonal Use Modification
Page 8
2. That the sketch plan be revised to provide the minimum required floor area pursuant
to LDR Section 4.3.3(D)(1)(a) and the Standard Housing Code.
That the sketch plan be revised to provide a minimum of 10% of the total floor area
devoted to common area for a variety of recreational or therapeutic activities,
exclusive of halls, corridors, stairs, and elevator shafts pursuant to LDR Section
4.3.3(D)(1)(b).
Attachments:
· Exhibit "A"
· Location Map
· Sketch Plan
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Board S'. Report
Drug Abuse Foundation - Conditional Use Modification
Page 9
Pursuant to LDR Section 5.3.1(A), when development is adjacent to an existing
or planned street, the development shall be responsible for providing one-half of
the ultimate right-of-way, or such portion of that right-of-way that is yet
undedicated and which is on the development's side of the center line. However,
the City Engineer based on a favorable recommendation by the DSMG
(Development Services Management Group) may grant a reduction in the
required right-of-way. The DSMG approved the reduction in the ultimate right-of-
way for SW 3rd Avenue from 60' to 50'. The City is requesting a Quit Claim
deed, rather than dedication 25' along the west side of the property to the City.
In terms of SW 4th Street, the ultimate right-of-way is 60' wide. The existing
right-of-way is 50' wide. This item will be re-evaluated once an updated survey is
provided that indicates the location of the sidewalk along the north side of the
property. The location of the existing sidewalk must also be noted on the revised
site plan. If the sidewalk is located on the Foundation's property, then 5' must be
dedicated.
Pursuant to LDR Section 4.4.21(H)(1), a ten-foot perimeter building setback is
required. This required perimeter building setback must be landscaped. A site
plan modification will be required for the proposed addition and must include a
landscape plan that demonstrates compliance with this requirement.
Pursuant to LDR Section 4.6.8, a photometric plan is required with the
submission of the site plan modification.
The typical parking detail noted on the civil drawings indicates 90-degree parking
spaces. However, the parking area addition is for angled parking. In order to
determine compliance with LDR Section 4.6.9 (Off-Street Parking Regulations),
the dimensions of the new parking area with respect to circulation aisle widths
must be noted on the site plans.
Pursuant to LDR Section 4.6.16(E)(3), there shall be no vehicular encroachment
over or into any required landscape area. In order to prevent encroachment and
maintain a neat and orderly appearance of all planting areas adjacent to parking
spaces, accessways, and/or traffic, landscape areas shall be separated from
vehicular use areas by carstops or non-mountable, reinforced concrete curbing
of the type characterized as "Type D.' The site plan should be revised to note
said curbing around all landscape areas adjacent to vehicular use areas.
Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster areas shall be screened.
A dumpster enclosure detail must be noted on the proposed site plan. The
proposed dumpster location appears to be within a landscape area with no
vehicular (paved) access. The dumpster enclosure should be designed to
accommodate the two dumpsters that are located in the existing parking area.
Planning and Zoning Board .c ' Report
Drug Abuse Foundation - Conu~tional Use Modification
Page 10
Pursuant to LDR Section 6.1.3(B)(1), a five-foot wide sidewalk is required within
the Swinton Avenue right-of-way adjacent to the eastern property line.
A fire hydrant must be located adjacent to the proposed building as the existing
fence restricts access to the existing fire hydrant along the south side of the
property.
The fence located along the west side of the property must be relocated out of
the right-of-way/property to be deeded to the City of Delray Beach.
10.
Provide a copy of the deed for the 25'-wide easement (Deed Book 490, Page
424) that traverses the property.
11. That a plat be recorded for the subject property prior to building permit approval.
12.
Pursuant to LDR Section 4.6.16(H)(3)(I), landscape islands shall contain a
minimum of 75 square feet with a minimum "inside" dimension of five-feet. The
islands are dimensioned at 5' from curb to curb.
13.
That a landscape plan and calculations shall be submitted based on LDR
Section 4.6.16.
14.
That the applicant shall submit written verification from Palm Beach County that
the proposal complies with the Traffic Performance Standards Ordinance.
S W 2ND ST S E 2ND ST
S W 3RD
_L__I
ST S £ 3RD ST
MERRITT
PARK
S W 4TH ST
S W 6TH
S W 7TH
CITY OF' DELRA Y BEACH
PUBLIC WORKS
COMPLEX
WA TER
TREA TMEN T
PLANT
S w 7TI-
I S W 6TH ST
ST
S w BTH
S W BTH ST
S E 4TH ST
CITY OF OELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY
SEIMENS-EVERT CAMPUS
-- DIG/I'AL ~,45E MAP SYSI'£M -- MAP EEF LM434
SW.INTON AVENUE
L
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~AME O1" kK.)ARD, COU~('II , ('OMMI.~MO~. Al,, 1 HORI1 Y (JR (. OM MI1-1 EE
1 tIF I~)AR[~. COt ,%C'11 COM M1.%.%10,~, AtJ1HORII¥ OR COIdMIll[E Oh
J~ HICH 1%ERVE I~ A I7%11 OF
,,ELECTIVE
O APPOINTIVE
WHO MUST FILE FORM 6B
This form is for u.,e b.~ an.~ person ser,,ing at the count), city, or other local le',el of go,.ernment on an appointed or elected board.
council, commission, authorib; or committee, h applies equally Io members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section ! 12.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding'elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure ~sh~ch inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a gmernmem agency) by shorn he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b.x publicly stating to the assembly the nature of your interest in the measure on
s'hich you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the'officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest'.
CE FORM KB- I,lll PAC_~
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You should disclose orally the nature of your conflict in the measure before participating.
You should complele ~he form and file it within !.5 days after the vote occurs with ~he person responsible for recording the minutes
of ~he meeting, ,,ho should incorporate the form in the minutes.
DISC)LC)SURE OF LOC)AL OFFICER'S IHTEREST
]. /~q4)/,~},~ . hereby disclose that on (~'3,..~/ / ~
(a) A measure came or will come before my agency which (check one)
inured to m.~ special pri~ate gain; or
lb) The measure before m~ agency and the nature of my interest in the m~asur~ i~ as foliow~:
I am relalned.
Date File~d ' g
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM #B- 1-91
PAGE2
Memo
To:
From:
Re:.
David Harden, City Manager
Lula Butler, Director, Community Improvement
October 10, 2001
Request for Release of Lien
ITEM BEFORE THE COMMISSION:
City Commission consideration of a request from Mr. Don Johnson to waive the interest assessed on
the home at 338 NW 4th Avenue in the amount of $258.70.
BACKGROUND:
Mr. Johnson acquired the property located at 338 NW 4th Avenue in May 1997 from the previous
owner. He bought the property through a private sale without having a title search done. He
understands this was his mistake. Through Code Enforcement, the City abated multiple nuisances on
this property between 1995 and 1997. In September 2001, Mr. Johnson received an invoice for the
City, which prompted his contact with our office. The liens total up to $1,004.83 as of today, which
includes all of the interest and other fees. Mr. Johnson is prepared to pay $746.13, which includes the
City's out-of-pocket expenses. He does not feel it is fair for him to pay the interest ($258.70) since he
was only recently made aware of the lien, which has been on the property for five (5) years.
RECOMMENDATION:
Staff is recommending that the Commission consider the request.
LB:DQ
· Page I
REGEtVED
.................. ~P-Z
............................ COMM~-tMP~"ADMIN.
~,.o- INVOICE ~
City of Dm[ray Beach F£oridm
"~lk)',~ 100 No W, ~irst Avenue
Delray Beach, FL ~444
TO:
JAMES KALLMAN
~72 Lindell Blvd
DELRAY BEACH, FL 55444
(407) ~43-7000
INVOICE NO: 7164
DATE: 1/29/96
~USI'OMER NO: ~045
CUSTOMER TYPE: UN/ &lO~
@UANI'ITY
[sESCR I F'T I ON
UNIT PRICE EXTENI)ED PRICE
ANNUM SHALL ACCRUE ON ANY UNF'AID PORTION DF THIS
ASSESSMENT ANI~! A LIEN SHALL BE F'LACEI! ON THE PROPERTY.
TOTAL I!UE$
$746
PLEASE Z!EIACH ANr~ SF-NB ,~IIS COF'¥ WITH REMITTANCE
DATE: 1/29/96 DUE I3ATE:
REMIT AND BAKE CHECK PAYABLE
Oily of Ile[ray Beach
100 N W 1$t Avenue
CUSTOMER NO:
6045
INVOICE NO: 7164
CUSTOMER TYPE: UN/'
610~
TERMS: NET 30 DAYS AMOUNT: $746.15
Date: 10/10/Ol AGENDA ITEM NUMBER: ~d~ I
AGENDA REQUEST
Request to be placed on:
__ Consent Agenda __ Special Agenda __ Workshop Agenda
When: 10/16/01
Description of agenda item (who, what, where, how much):
Request from Mr. Don Johnson, 338 NW 4'I' Avenue, to reduce his lien payment to the City.
Amount owed is $1,004.83. Would like the interest of $258.70 elirmnated.
Department Head~~
Signature: ~'"'
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:
Account Number
Description
Account Balance:
Funding Akematives:
City Manager Review:
Approved for Agenda: ~ /
Hold Until:
Agenda Coordinator Review:
Received:
Yes / No Initials:
No Initials:
EXHIBIT A
(if applicable)
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
obertA. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 16, 2001
Approval Amendment No. 2/Tennis Center Management
Agreement
DATE: October 9, 2001
Action
City Commission is requested to approve Amendment No. 2 to the Tennis Center
Management Agreement dated September 29, 1999.
Backeround
Attached is a request received from Mr. Dubin to reduce the management fee paid to
Dubin and Associates, Inc. by approximately $25,000 per year or $2,083 per month
effective November 1, 2001. The current fee for both tennis facilities is $3,667 per
month through September 2002 or $40,004 per year. All terms and conditions of the
original contract as amended September 18, 2000 would still be in effect.
Since hiring a Tennis Director and a Chief Operations Officer, Mr. Dubin feels that he
will be able to reduce the time spent on this account and that the funds saved could be
used to improve day to day operations.
Staff Recommendation
Staff recommends approval of Amendment No. 2 to the Tennis Center Management
Agreement dated September 29, 1999.
RAB/tas
Filc.u:sweeney/agenda
Doc:Amend No 2 Tennis Center Management Agreement
AMENDMENT NO. 2 TO THE
TENNIS CENTER MANAGEMENT AGREEMENT
THIS AMENDMENT NO. 2 to the Tennis Center Management Agreement is made
this day of , 2001, by and between the CITY OF DELRAY
BEACH, a Florida municipal corporation (the "City"), and DUBIN & ASSOCIATES, INC.,
(" Dubin").
WITNESSETH:
WHEREAS, the City and Dubin currently have an Agreement for Management
Services at the Delray Beach Municipal Tennis Center located near City Hall (the Original
Agreement) dated September 29, 1999, and amended September 18, 2000 to add the Delray
Swim and Tennis Club; and,
WHEREAS, Dubin and Associates, Inc. desires to amend the Original Agreement, as
amended, as set forth in this Amendment No. 2 to provide for a reduction in the base payment
for services rendered.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent that the above recitals
are in addition to the recitals in the Original Agreement, as amended, and further represent that
the recitals set forth herein in Amendment No. 2, are accurate and correct and are hereby
incorporated as if fully set forth herein.
2. Base Payment. The City shall pay Dubin for the performance of work at a
base monthly rate payable at the first of the month as follows:
November 2001 through September 2002:$1584.00 per month
October 2002 through September 2004:$2084.00 per month
3. Applicability of Provisions of the Original Agreement and Amendment No.
1 to the Management of the Additional Site. Except as may be expressly modified and/or as
otherwise set forth herein all terms and conditions of the Original Agreement and Amendment
No. 1 remain in full force and effect and are hereby incorporated as if fully set forth in this
Amendment No. 2 to the Original Agreement, as amended, and apply to the Additional Site as
well as the Original Site.
4. Effective Date of Amendment No. 2 to the Agreement. This Amendment
shall not be effective until it is approved by the City Commission and signed by both of the
parties with the effective date being November 1, 2001.
IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be duly
executed this
ATTEST:
day of
City Clerk
Approved as to form:
,2001.
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
City Attorney
WITNESSES:
DUBIN AND ASSOCIATES, INC., a
Florida corporation
By:
Name Printed
Title:
Date
Signed:
2
(Name printed or typed)
(Name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing
title of officer or
acknowledging), a
of the corporation.
instrument
,2001 by
agent) of
He/She
was acknowledged before me this day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on behalf
is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 16, 2001
Request Additional Rate Category for Palm Beach
Residents/Municipal Golf Course
DATE: October 9, 2001
County
Action
City Commission is requested to consider an additional rate category for Palm Beach
County residents at the Municipal Golf Course.
Bacl~round
Due to current economic conditions and competition, a request has been received (see
attached) to establish a Palm Beach County resident rate category. The call-in time for
tee times for this group would be the same as non-residents. Individuals in this category
would be identified by checking driver's license so; I have brought this item to
Commission because I feel it is a policy decision versus an administrative marketing
decision.
I have a concern with this proposal as presented, based on what I think is our marketing
area. I think the proposal may make our non-resident rate obsolete.
I could support another tier in the rate structure for players who are not residents, but
have a Delray Beach address. The rate structure as currently approved for residents and
non-residents is based on a maximum rate. This rate could be reduced to attract other
non-residents from the Boca Raton and Boynton Beach areas.
Staff Recommendation
Staff recommends denial of the request as proposed, but would recommend consideration
of approval of an additional category for players with a Delray Beach address, with rates
as proposed in the memo received from Ms. Birsky.
RAB/tas
File'u:swccney/agcnda
Do~:Additional Rate Category Munictpal Golf Curse
Delray Beach Golf Club
Memo
To: Bob Barcinski
From: Mary Beth Birsky ~
Date: 10/05/01
Re: Marketing Golf Rates
We would like to propose a marketing idea for Delray Beach Golf Club. We currently
have three categories of golfers: City of Delray Beach residents, non-residents and permit
holders. A marketing idea that we think we could benefit from in the future would be
establishing a Palm Beach County rate for people who qualify.
We feel that we could improve our relations with the surrounding towns such as Boca
Raton and Boynton Beach, as well as those that live west of Military Trail in Delray by
offering an intermediate rate. The rate would be higher than what a City resident pays,
but lower than a total non-resident. By adding another price point, we believe we can
attract more local business in an ever-increasingly competitive market.
We have had great success offering this type of rate with other courses that we manage,
and feel it would enhance our rapport with other local communities.
We would like to make a proposal in front of the City Commission on October 16th, 2001.
Would you please put us on the agenda for that night? Please contact me regarding any
questions you may have. Thank you.
Our recommendation is as follows:
Resident Palm Beach Coun ,ty Non
Resident
Nov. 1-Nov.30th,2001
Dec. 2001 & April 2002
$34. O0 $38. O0 $44. O0
Jan. 1-March 31 st, 2002
$37. O0 $48. O0 $54. O0
Mayl-Oct. 31st, 2002
$21. O0 $23. O0 $25. O0
Cc: Brahm Dubin
Sharon Painter
[IT¥ OF DELRI:I¥ BEI:I[H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 o FACSIMILE 561/278-4755
Writer's Direct Lme. 561/243-7091
1993 DATE: October 10, 2001
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: AT&T Site Lease Agreement Amendment No. 2
The City entered into an Agreement with AT&T on June 25, 1993 providing for the
placement of cellular antennas on the water tower. AT&T has requested an amendment
to that site lease agreement. The following are the substantive changes:
The maximum number of antennas that AT&T may place on the water tower is
increased from 9 to 12.
The provision for increasing the rent has changed from a lump sum increase of
15 % for the 2003 to 2008 period and then a negotiated lump sum increase for any
periods after that period to a standard 3 % increase per year over the previous
year's rent on a compounded basis. The rent will also change on November 1,
2001 from $2000.00 per month to $2250.00 per month
A provision has been added to clarify that AT&T is responsible for all taxes, if
any should be assessed on the property, as a result of this Site Lease Agreement.
By copy of this memorandum and agreement to David Harden, our office requests that
this Amendment No. 2 to the Site Lease Agreement be placed on the October 16, 2001
City Commission agenda.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Amanda Solomon, Telecommunications Mgr.
Dick Hasko, Director of Environmental Services
AMENDMENT NO. 2 TO SITE LEASE AGREEMENT
THIS AMENDMENT NO. 2 TO SITE LEASE AGREEMENT ("Amendment") is
entered into this ~ day of ...... 2001, by and between the CITY OF
DELRAY BEACH ("Lessor") and AT&T WIRELESS SERVICES OF FLORIDA, INC.
(f/Ida Palm Beach County Cellular Telephone Company) ("Lessee").
NOW, THEREFORE, for good and valuable consideration as set forth in this
Amendment, the receipt of which is hereby acknowledged, the parties hereby agree to
amend the Lease Agreement dated June 25, 1993 and Amendment No. 1 thereto dated
August 11, 1998 as follows:
1. Paragraph 2, "Use", of the original agreement is hereby amended to read
as follows:
2. Use. The Premises may be used by Lessee for the transmission
and reception of radio communication signal in any and all frequencies for the
construction and maintenance of up to twelve (12) cellular antennas plus a
microwave dish up to ten (10) feet upon the water tower owned by Lessor and
an equipment building located on the real property described in Exhibit "A"
attached to the original. Lessor agrees to cooperate with Lessee in obtaining,
at Lessee's expense, all licenses and permits required for Lessee's use of the
premises.
2. Paragraph 3, "Term", amended by Amendment No. 1 is amended to read
as follows:
3. Term. Except as is set forth in Paragraph 7 of the original
lease agreement, the term of this lease shall be five (5) years, with the
effective date commencing on June 1, 1993, and terminating at midnight,
the last day in the month in which the fifth annual anniversary of the
commencement date shall have occurred. Lessee shall have the right to
extend this lease for five (5) additional five-year terms subject to the
approval of the City Commission. Each renewal term shall be on the
same terms and conditions as set forth in the original agreement and this
amendment, except that the rent shall be increased annually by 3 percent
(3%) over the previous year's rent on a compounded basis during the
term of this agreement or any renewal thereof.
3. Paragraph 4, "Rent", Paragraph 4a, of Amendment No. I is amended to
read as follows:
4. Rent.
a. Upon the commencement date, Lessee shall pay
Lessor, as rent, the sum of Two Thousand Dollars ($2,000.00) per month
provided, however, effective November 1, 2001 the rent shall increase to
Two Thousand Two Hundred Fifty Dollars ($2,250.00) per month. Rent
shall be paid on the first day of each month at Lessor's address specified
in Paragraph 13, below.
4. Taxes. Lessee shall be responsible for all taxes. Lessee shall be
responsible for paying applicable taxes on all rent and all personal property taxes
assessed due to Lessee's use of the property. Lessee shall be responsible for all real
property taxes assessed upon landlord's property, including, without limitation, the
leased property, provided however, if any portion of Lessee's communications facilities
is assessed as real property rather than personal property, Lessee shall pay to the
Lessor with thirty (30) days written notice thereof the portion of real estate taxes
attributable to Lessee's communication facilities, and Lessor shall then pay such taxes
to the appropriate governmental authorities upon receipt of such funds from Lessee.
5. All provisions of the Lease Agreement dated June 25, 1993, and
Amendment No. 1 dated August 11, 1998 not in conflict with this Amendment shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties to this Amendment have caused this
Amendment to be duly executed on the date written above.
LESSOR:
ATTEST:
By:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
David W. Schmidt, Mayor
Approved as to Form:
By:
City Attorney
STATE OF FLORIDA
COUNTY OF
LESSEE:
AT&T WIRELESS SERVICES OF
FLORIDA (f/k/a Palm Beach County
Cellular Telephone Company)
By:
Print Name:
Title:
The foregoing instrument was acknowledged
,2001, by
officer or agent, title of officer or agent) of
(name of corporation acknowledging), a
incorporation) corporation, on behalf of the corporation.
me or has produced
before me this day of
(name of
(state or place of
He/She is personally known to
as identification.
Signature of Notary Public - State
of Florida
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM ~C"
BID REJECTION &
MARINA IMPROVEMENTS)
- REGULAR MEETING OF OCTOBER 16, 2001
CHANGE ORDER #1/GTE BUILDERS (CITY
OCTOBER 12, 2001
This is before the City Commission to consider rejection of the only bid received for the seawall and
dock repairs at the City Marina (Custom Build Marine Construction in the amount of $116,790.00)
and approve Change Order #1 in the amount of $76,162.00 to the contract with GTE Builders.
The change order consists of a reduced scope of work originally bid as part of the City Marina and
Sarah Gleason Park Improvements project as explained in the staff report. Subsequently staff
requested a new quote from GTE Builders.
Funding is available from 426-4311-575-65.23 (City Marina/Marina Renovations).
Recommend approval of Change Order #1 to the contract with GTE Builders, Inc. in the amount of
$76,162.00.
Ref:Agmemol 1.Change Order #2.Subaqueous.Trop~c Isle Dredging
TO:
FROM:
SUBJECT:
DATE:
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
DAVID HARDEN
City Manager
VICTOR MAJTE~
Assistant Construction Manager
www. delrayesd corn
CITY MARINA SEAWALL IMPROVEMENTS (PN 98-042): AGENDA REQUEST
CHANGE ORDER #1 TO GTE BUILDERS, REJECTION OF BID
OCTOBER 9, 2001
Attached is an Agenda Request for City Commission to approve Change Order #1 to GTE Builders in the
amount of $76,1620.00 for improvements to the City Marina seawalls and docks. Concurrently, staff also
recommends C~ty Commission reject the one and only bid in the amount of $116, 790.00, to Custom Built
Marine Construction Inc., for same improvements
The improvements to the seawalls and docks originally bid as part of the City Marina and Sarah Gleason
Park Improvements project. The lowest responsive bidder, GTE Builders, had a cost of $85,000.00 for this
scope of work. Due to budgetary constraints at the time of award, this scope of work was not included ~n
the contract. It was re-bid on August 14, 2001, for which the City received only one b~d in the amount of
$116,790.00 from Custom Built Marine Construction, Inc.
Subsequently, staff asked GTE Builders to provide a new quote for a reduced scope of work, omitting the
replacement of the wood dock fenders. Their proposal is $76,162.00. Of this cost, $27,000.00 would be
reimbursable from FIND. Newly constructed sidewalk and landscape improvements would be disturbed if
the seawall and dock rehabilitation work were to be performed at a later time. ~
Staff recommends City Commission approve Change Order #1 to GTE Builders in the amount of
$76,162.00, as part of the City Marina Improvements and Sarah Gleason Park Improvements project,
for the improvements to the Marina Seawalls and Docks.
Staff also recommends City Commission reject the bid from Custom Built Marine Construction Inc. in
the amount of $116,790.00 for same improvements.
Funding is available from account 426-4311-575-65.23, City Marina/Marina Renovations. A budget transfer
is attached.
CC;
RJchard Hasko; DJr. of ESD
Howard W~ght; Dep Dir. of Construction, ESD
Joe Weldon; D~r. of Parks & Recreation
File 98-042(A)
I~ESSRVOO2~DEPARTMENTS~EngAdmtn~Projects~1998198-O421CONSTRCI~agenda memo 10 16 O1 COO1 doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
1 PROJECT NO. 98-042 DATE:
City Marina Improvements and Sarah Gleason Park Improvements
GTE Builders
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION
Construct improvements to C~ty Marina Seawall per attached quote from GTE Builders dated 10/1/2001.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 10.2 %
TOTAL PER CENT INCREASE TO DATE 10.2 %
$749,522.60
$0.00
$749,522.60
$76,162.00
$825,684.60
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
GTE Builders
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 426-4311-575-65.23, City Marina Renovations.
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:,
Mayor
City Attorney City Clerk
,E BUILDERS; S61 272 9946; OCT-i-Oi
GTE,
BUILDERS
PAGE
Date: 10/1/2001
Project' Delray Marina Improvements g8-042
Subject: Request for Change Order #1 (RCO #1)
The following pricing is for additional work requested by Owner that is not in contract or
in original scope of work:
Scope: City Marina Seawall Improvements. Per Bid No. 2001-38. Addendum #2.
ITEM #1 Remove & replace 1 dolphin pile 12" x 30' pile&cap $ 850
ITEM #2 Omi[ted
ITEM #3 Omitted
ITEM ~.4 Remove & replace dock sections $ '13.700
ITEM ~,5 Remove maflne growth (~ outfall pipe / grout $ 550
ITEM #6 Remove & replace dock sections $ 12,800
ITEM #7 Chip out spell / patch with grout $ 650
ITEM ~tSA Remove & replace dock sections $ 14,800
ITEM #SB Remove and replace seawall cap (5~ide walk/cap not incl) $ 26.500
GTE - sawcut and remove sidewalk/integral cap at south end of wall) $ 670
Sub -Total $ 70,520
GTE Fee (5%)
GTE Insurance I Bond (3%)
$ 3.526
$ 2,116
Total Amount RCO #1
$ 76,162
Exclusions-
Permit fees
Cleat replacement on docks
Electrical removal I replacement/dock pedestal reloc.
Plumbing-hosebid removal/replacement
820 Allowance if desired
750 Allowance if desired
Date
Accepted By:
City of Delray Beach/Engineering Oept.
Date
125 N. Congress Avenue, Suite #12 · Delrey Beach, FL 33445
Tel: (561) 272-9945 lB Fax: (581) 272-9946 ill Llc: C GC #057160
~:~ Pmudly prinfed on re~j~led p~per.
Request to be placed on:
AGENDA REQUEST
Agenda Item No. ~'~'
Date: October 9, 2001
X
Regular Agenda
Special Agenda
Workshop Agenda
When: October 16, 2001
Description of item (who, what, where, how much) Request approval of Change Order #1 to GTE
Builders in the amount of $76,162 00, as part of the City Marina Improvements and Sarah Gleason Park
Improvements project, for improvements to the City Marina seawalls and docks (PN 98-042). Due to budgetary
constraints, this scope of work was omitted from the City Manna Improvements project and re-bid on ~ts own. The
City received one bid in the amount of $116,790.00 for the same improvements. Staff requests City Commission
reject this bid from Custom Built Marine Construction, Inc.
Funding is available from account 426-4311-575-65.23, City Marina/Marina Renovations
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Change Order #1 to GTE Builders in the
amount of $76,162.00, as part of the City Marina Improvements and Sarah Gleason Park Improvements project,
for the improvements to the seawallsAPd docks at the City Marina. Staff also recommends City Commission reject
the bid from Custom Built Marine/~,~stru~ for ~t~/awall/ef~ock improvements.
Department head signature: Li~~'I' -~--_ ~:> /'0.---]o-O)
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation if applicable);
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available: E~,..~NO___
Funding alternatives (if applicable):
Account No. & Description 426-4311-575-65.23, City Marina/Marina Renovations
Account Salance.r~e, ~fi"~,".ht': ,~ ~,~,~,c -hrr~a,s~r" ~ Z~"I~,,,/~;2~
City Manager Review: Y~/NO
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s.\...~98-042~agenda request 10 16.01 CO#1 GTE.doc
[IT¥ OF DELRI:I¥ BEI:IEH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: October 9, 2001
MEMORANDUM
Writer's Direct Line 561/243-7091
TO:
City Commission
FROM:
Susan A. Ruby, City Attomey
SUBJECT:
Authorization to Appeal the Order Granting Dharma the Right to Amend
its State Case Concerning a Consistency with the Comprehensive Plan
Challenge - Block 77 Matter
Dharma moved to amend its Complaint in a State case regarding a Comprehensive Plan
challenge. The City opposed the motion based on the fact that the City removed this case
to Federal court. The Federal court, as you may remember, granted our summary
judgment and there was no remand to the State court of the case.
The City's opposition to the Motion to Amend the State case was argued by Henry Handler
on October 2, 2001. The Court ruled against the City on October 3, 2001. Mr. Handler
recommends the City appeal the judge's ruling. Our office concurs.
By copy of this memorandum to David Harden, City Manager, our office requests that the
authorization to appeal be placed on the October 16, 2001 City Commission agenda for
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
}~ Robert A. Barcinski, Assistant City Managex
Agenda Item City Commission Meeting October 16, 2001
Approval Special Event - First Night 2002
October 10, 2001
Action
City Commission is requested to endorse the 5th Annual First Night 2002 event to be held on
December 31, 2001 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's
section 2.4.6(H) for the use of City right-of-way and facilities as requested, to waive LDR's
section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to the
event, to authorize staff support as requested, to authorize facility use as requested, and to
consider waiver of overtime costs and facility rental charges.
Background
Attached is a letter request from Mr. Frank McKinney, co-chair, of the First Night 2002 All-
America Family event for City support for this year's event. The request includes staff support
for security and traffic control, EMS services, barricading and sign making, trash removal and
clean up, facility use and other assistance for site set up.
This year's event will take place along Atlantic Avenue and side streets, seven (7) different in-
door button venues, and the Tennis Center and Stadium.
The Committee is requesting waiver of all overtime costs and rental fees for City facilities. The
estimated overtime costs for this year's event is $12,900. Last year's overtime costs were
approximately $10,700. The rental charge for the use of the Tennis Stadium is $7,250, which
includes floor and stage set up. We have in the past charged Old School Square $900 for the use
of the Stadium.
Recommendation
Staff recommends approval of the event, temporary use permit, the closure of streets, the use of
City facilities providing staff support for security and traffic control, barricading, sign making
and trash pick up, approval of a waiver of rental fees except fees for Tennis Center use ($900)
and waiver of overtime costs. The sponsor will be required to provide the required liability
insurance and a hold harmless agreement.
RAB/tas
File:u:s weeney/events
Doe First Night 2002 agenda, doe
The GREATER
DELRAY BEACH
Chamber of Commerce
October 10, 2001
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: First Night 2002/AII Amedca Family
Dear David'
As co-chair of this year's First Night celebration, "2002: All America Family" I am
requesting City endorsement of the event and support to make this one of the most
successful First Night celebrations.
As you may be aware a citizens committee of approximately forty (40) people has been
formed to plan and produce the event this year. Many of your staff members are serving
on and chaidng vadous sub-committees. We are operating under the auspices of the
Chamber of Commerce Education Foundation. The Foundation is assuming liability for
the event as well as fiscal responsibility.
I want to thank the City for their generous donation towards the event. We have
received approval from Old School Square, Inc., to utilize their license for this event.
A bdef synopsis of the event is as follows:
Event Description: A non-alcoholic, family odented New Year's Eve celebration with a
variety of entertainment taking place at indoor and outdoor locations.
Date/Time: December 31, 2001 - 4:00 p.m. to midnight
Admission: First Night buttons will go on sale in October. Price for all buttons is $5.00
Estimated Attendance: 10,000
Button Venues/Entertainment: 1) Old School Square, Crest Theater, 2) Old School
Square Gymnasium, 3) Delray Beach Library, 4) Milagro Center, 5) City Community
Center and 6) City Teen Central
Other Venues Free to Public: 1) Worthing Park, 2) Veterans Park, 3) Tennis Center
(finale), 4) Old School Square Grounds, 5) Vadous street locations.
The grand finale including entertainment and fireworks is planned for the Tennis Center
with a children's finale planned for 9:00 p.m. in front of Old School Square. Children
activities will be conducted at Veteran's Park with a procession from the park to NE 2"~
Avenue. As the schedule of events is completed, we will provide this to the City.
Greater Delray Beach Chamber of Commerce, Inc.
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483
561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com
Chamber Accredited by United States Chamber of Commerce
DELRAY BEACH
As in prevJous years City support is essential to the_success of the event. We therefore
request City support for the event as follows:
Staff Suppo .~
1)
2)
3)
4)
5)
Police and secudty and traffic control
Fire for EMS services
Public Works for barricading streets, signs, and cleanup assistance and venue
setup.
Parks and Recreation for cleanup, trash removal and stage setup and venue
setup
Tennis Center staff for site setup.
Facilities:
1)
2)
3)
4)
5)
Community Center
Tennis Center and stadium
Veterans Park
Worthing Park
Parking lots to be determined for reserved parking for volunteers, performers,
staff and vendors.
Street
1)
2)
3)
4)
5)
6)
Closures:
Atlantic Avenue from the east side of Swinton to the east side of NE/SE 5~h
Avenue.
NE 2nd Avenue from Atlantic to Alley and NE 1st Street to NE 2nd Street
(NE 1st Street to remain open)
NE 4th Avenue/Atlantic to NE 1~t Street
SE 4~h Avenue/Atlantic to SE 1a Street
SE 3rd Avenue/Atlantic to alley
NW 1a Avenue from Atlantic to NW 1a Street
Si~na~e:
1) Four (4) 4'x4' event signs
2) Detour signs for valet parking
3) Reserved parking signs for volunteers, performers, vendors and staff
4) Directional signage for venues, restrooms, etc.
(Requesting that event signage be allowed to be put up more than one (1) week before
the event)
Electric:
Need to
locations:
l)
2)
3)
confirm that proper electdc power is available and setup at the following
All button venues
Street sites for entertainment and vendors
Tennis Center, Worthing Park and Veterans Park.
Other Requirements:
1) Staff Assistance on setup of tables and chairs at venue locations
2) Stage use and setup required
3) Floodng and stage at Tennis Center
2
We are requesting that all overtime costs and facility rental costs be waived.
a copy of the event budget.
Thank you for your support and assistance for this event.
Sincerely,
Frank McKinney
Co-Chair
First Night, 2002 Committee
Encl
cc: William Wood
Robert A. Barcinski
Attached is
MEMORANDUM
TO: MA/YOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM #~ REGULAR MEETING OF Ot~TrOBER 16, 2001
DIFFERENTIAL PAY FOR EMPLOYEES CALLED UP FOR MILITARY
RESERVIST DUTY
DATE:
OCTOBER 12, 2001
This is before the City Commission to consider recommendations regarding differential pay for
employees called up for Military Reservist Duty.
Due to the terrorist attack on the United States on September 11, 2001, many Military Reservists have
been called up for active duty. Currently we have two employees who have been activated.
According to Federal guidelines reservists called into active duty, who are full-time employees must be
granted a leave of absence and can remm to their job or comparable employment after their tour of
duty ends, however, it does not require employees to pay wages or continue benefits for the absent
employees.
State guidelines state that the employing authority may supplement the military pay of its employees
called into active duty for the first 30 days with full pay and, thereafter, in an amount necessary to
bring their total salary, inclusive of their base military pay, to the level earned at the time they were
called to active military duty. The employer may also continue to provide any health insurance and
other existing benefits.
City guidelines state that any full-time employee shall be granted leave Ivitllout pay, to serve in the
armed forces by enlistment, draft or the call-up to active duty, and does not address benefits.
During the Gulf War conflict, the City opted to pay reservist the difference between their normal pay
and their base military pay (including housing allowance) for 90 days, and would address the situation
should the conflict exceed this 90 day limit. Insurance premiums were deducted from this pay,
however, pension deductions were not and the employees did not lose any service credit regarding
their City pension or seniority rights.
Staff is recommending that this inddent be handled in a similar fashion as the Gulf War conflict.
Commission discretion is recommended.
Ref A fmemol 4.Reserv~stPay 10.16.01
To: David T. Harden, City Manager
From: Joseph M. ~nance Director
Date: October 3, 2001
Subject:
- 2001
Differential Pay for Employees Called Up for Military Reservist Duty
The City of Delray Beach may soon be faced with some of their employees being called
up for military reserve duty during the current terrorist crisis. In order to prepare
ourselves for this contingency, we would provide the following information so that you
may determine the actions we are to take in this circumstance.
· Federal guidelines (Veteran's Reemployment Rights Act 1988) guarantee that all
reservists called into active duty, who are employed in "other than temporary
positions" must be granted a leave of absence and can return to their job or
comparable employment after their tour of duty ends. It does not require
employers to pay wages or continue benefits for the absent employees
· State guidelines (115.14 State Statutes) states that all employees of the state, the
several counties of the state, and the municipalities or political subdivisions of the
state may, in the discretion of the employing authority of such employee, be
granted leave of absence under the terms of this law; upon such leave of absence
being granted said employee shall enjoy the same rights and privileges as are
hereby granted to officials under this law, insofar as may be. Notwithstanding the
provisions of s. 115.09, the employing authority may supplement the military pay
of its officials and employees who are reservists called to active military_ service
for the first 30 days with full pay and, thereafter, in an amount necessary_ to bring
their total salary, inclusive of their base military pay, to the level earned at the
time they were called to active military duty. The employing authority may also,
in its discretion, continue to provide any health insurance and other existing
benefits to such officials and employees.
· City of Delray Beach guidelines (Personnel Policies Section 110- Leave of
Absence Without Pay) states that any full-time, regular, employee shall be
granted leave without pay, to be considered military leave, to serve in the armed
forces of the United States by enlistment, draft or the call-up of a reserve unit of
which the employee is a member. This policy is silent as to pay and benefits.
· City of Delray Beach, in the Gulf War conflict, opted to pay reservists the
difference between their normal employee pay and their base military pay
(including housing allowance) for 90 days. Further comments that the City
Commission would address this limit of 90 days if the conflict exceeded this time.
The City deducted normal insurance premiums and did not deduct for pension
deductions (which is in line with the State Statutes). An employee would not lose
any service credits for pension purposes or seniority purposes.
Since the City policy stated that the reservist assignment would be leave without pay, we
had to get City Commission approval for the 90-day supplemental pay for the Gulf War
conflict.
The recommendation would be that the City Commission approves the following: 1. Authorize military leave
2. Authorize supplemental pay for 90 days (difference between military base pay
and housing allowance and current City pay). Extension of this time would
require additional City Commission approval.
3. Continue deductions for insurance coverage (to be deducted from supplemental
paycheck, billed to employee is supplemental pay is insufficient)
4. No deduction for pension
5. Continuation of all seniority rights, vacation and sick leave accruals, and pension
service time as if employee were working at City
Please review this information and provide your recommendations for further action.
Cc: Milena Walinski, Assistant Finance Director
Memo
To:
From:
Date:
Re:
David Harden, City Manager
_/9
Lula Butler, Director, Community Improvement l/~
October :~0, 2001
Request for a Waiver to Section 4.6.7(G)(7) of the Land Development
Regulations Governing Sign Codes
ITEM BEFORE THE COMMTSSION:
City Commission consideration of a request from the agent representing ABC Carpet for a waiver
to Section 4.6.7(G)(7) of the Land Development Regulations governing signs. The business is
located at 777 South Congress Avenue.
BACKGROUND:
ABC Carpet is requesting a waiver to Section 4.6.7(G)(7), which governs the number and size of
flat wall signs allowed in commercial zoning districts. The agent is seeking approval to add two
(2) additional flat wall signs to the north and south elevations of the building. Both signs will be
identical, proposed at 10' x 8' (80 square feet). The business currently has approved flat wall
signs on the east and west elevations. Granting of this waiver will allow the business to have
identification signs on all four elevations of the building.
The Site Plan Review and Appearance Board considered the request at the meeting on August 8,
2001. The board voted by a vote of 3-1 in support of the waiver request, stating that the building
was of such size that it needed the additional exposure to ]:-95.
Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant
waivers to this Section of the code governing signs. This section states that before granting a
waiver, the Commission shall make a finding of fact based on one of the following:
· Shall not adversely affect the neighboring area
· Shall not significantly diminish the provision of public facilities
· Shall not create an unsafe situation; and
· Does not result in the granting of a special privilege in that the same waiver would not be
granted under similar circumstances on other property for another applicant or owner.
RECOMMENDATZON:
Staff is recommending City Commission denial of the request from ABC Carpet and Home Store to
add 2 flat wall signs to its existing business. We believe the granting of the waiver would result in
a special privilege. Additionally, the unique mural sets the building apart, increasing its visibility.
LB: DQ
ABC Carpet CC.Oct2001
0
' Date: 10/10/01 AGENDA ITEM NUMBER: /O ~ I
AGENDA REQUEST
Request to be placed on:
~ Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: 10/16/01
Description of agenda item (who, what, where, how much):
Request for a Waiver to SecUon 4.6.7(G)(7) of the 1,and Development Regulations
(;overning Sign (;odes
Addiuon of 2 flat wall signs for ABC Carpet - 777 S. Con~css Avenue
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Yes / No Initials:
Funding Available:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
(if applicable)
Approved for Agenda: ~/ No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
EXHIBIT A
£1TV OF DELRrlY BEfli:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
1993
DATE:
TO:
October 11,2001
City Commission
MEMORANDUM
FROM'
Susan A. Ruby, City Attorney
SUBJECT: Property Acquisition for Potential School Site
In an effort to assemble land for a potential high school site
recreational opportunities, the contracts attached to Resolution
Exhibit "C" have been negotiated.
and/or future
No. 62-01 as
The contracts provide that the City has 150 days to close on all or part of the
properties. If the City does not close, the deposits to be held in escrow will be
returned to the City. The property owners, however, have the right during the 150-
day period to seek other offers. If a valid offer is received, the City has the right to
close on the property at that time, or to relinquish its rights under the contract.
The contracts are generally in standard form except Mr. Brousseau, in lieu of a
higher price, has agreed to permit the City to secure title insurance. Furthermore,
Mr. Brousseau has the right to remove items from his house on the property.
The City will need to proceed with its due diligence and inspection process during
the 150-day period.
The attached list of properties corresponds with the attached map. The total
project cost is approximately 35% over appraisedl value ($5,410,000.00)for a total
cost of $7,320,000.00 for 54.50 acres of land.
By copy of this memorandum to David Harden, our office requests a public hearing
be scheduled for the October 16, 2001 City Commission meeting. At the meeting
our office recommends the City Commission review and approve Resolution No.
62-01 and the contracts incorporated therein.
Please call if you have any questions.
SAR:smk ~1~/~q,~_
Attachment
cc: David T. Harden, City Manager
Barbara Garito, City Clerk
Delray Beach Assemblage
Map #
Owner Folio Acres
1 Jetbnghoff 304&317 6.63
2 Pious 302 5.00
3 Watcharinkarn 321 5.00
4 Craige 320.1 3.33
8 Funck 302.5 5.00
9&10 Raimondi 322&302.3 9.62
11 Brousseau 302.1 5.00
17 Morton 302.6 8.25
18 Feldman 318 6.67
Contract price
$1,044,000
$700,000
$475,O0O
$425,OOO
$574,324
$1,115,000
$750,0O0
$1,041,300
$1,196,200
Per/Acre
Totals 54.50
Total appraised value $5,410,000
35% project cost over appraised value
$7,320,824
$134,327
RESOLUTION NO. 62-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELKAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE CERTAIN REAL PROPERTY MORE PARTICULARLY
AND LEGALLY DESCRIBED IN THE CONTRACTS FOR SALE AND
PURCHASE, SAID PROPERTY LOCATED GENERALLY WEST OF
BARWICK ROAD, NORTH OF THE L-31 CANAL, SOUTH OF L-30
CANAL AND EAST OF MILITARY TRAIL, HEREBY
INCORPORATING THE TERMS OF AND ACCEPTING THE
CONTRACTS AFFIXED HERETO BY AND BETWEEN THE
SELLERS AND THE CITY OF DELRAY BEACH.
WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located generally
West of Barwick Road, North of the L-31 Canal, South of the L-30 Canal, and East of Military Trail; and,
WHEREAS, the City desires to acquire land to facilitate the construction of a new high school or a
new middle school when the demographics require a new middle school or in the alternative to acquire land
for recreational and other municipal purposes; and
WHEREAS, pursuant to an interlocal agreement to be entered into between the City and the School
Board, the City intends to transfer all or part of the property acquired to the School Board and may
exchange land to be developed as a joint soccer complex, which may include other lands and buildings; and
WHEREAS, Florida Statutes provides that the City's acquisition of the land for the purposes herein
described constitute a valid public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the City Commission of the City of Delray Beach, Florida, as Buyer, agrees to
purchase from the Sellers, identified in Exhibit "C", land with the property control numbers and as legally
described in Exhibit "A".
Section 2. A map showing the general vicinity of the property is set forth in Exhibit "B".
Section 3. That the terms and conditions in the contracts for sale and purchase and addendum
thereto are attached as a composite Exhibit C, and hereby incorporated as if fully set forth herein.
PASSED AND ADOPTED in regular session on this the ~
ATTEST:
City Clerk
day of
,2001.
MAYOR
2 RES. NO. 62-01
EXHIBIT "A"
EXHIBIT "A"
JettinghoffProperty (Property No. l on the Map)
(Property Control No. 00-42-46-12-00-000-3170)
The East ½ of the Southwest Va of the Southwest ¼ of the Northwest ¼ of Section
Township 46 South, Range 42 East, Palm Beach County, Florida.
12,
Jettinghoff Property (Property No 1 on the Map)
(Property Control No. 00-42-46-12-00-000-3040)
The South 2/5 of the West V2 of the Southwest V4 of the Southwest Va of the Northwest Va,
Section 12, Township 46 South, Range 42 East, less the Right of Way of State Road 809
(Military Trail) Palm Beach County, Florida.
Pious Society Property (Property No. 2 on the Map)
(Property Control No. 00-42-46-12-00-000-3020)
The West V, of the SE ¼ of the SW ¼ of the NW ¼ of Section 12, Township 46, Range 42,
Palm Beach County, Florida
Watcharinkam Property (Property No. 3 on the Map)
(Property Control No. 00-42-46-12-00-000-3210)
The East ½ of the SE ¼ of the SW ¼ of the NW Va of Section 12, Township 46, Range 42,
Palm Beach County, Florida.
Craige Property (Property No. 4 on the Map) ,
(Property Control No. 00-42-46-12-00-000-3201 )
The westerly 232.13 feet of the SW ¼ of the SE ¼ of the NW Va (less 40 feet for canal right-
of-way) of Section 12, Township 46, Range 42, Palm Beach County, Florida.
Funck Property (Property No. 8 on the Map)
(Property Control No. 00-42-46-12-00-000-3025)
One-half (1/2) of the NE ¼ of the SW ¼ of the NW' ¼ of Section 12, Township 46, Range
42, Palm Beach County, Florida.
Raimondi Prope .n'y (Property Nos. 9 and 10 on the Map)
(Property Control Nos. 00-42-46-12-00-000-3220 and 00-42-46- [ 2-00-000-3023
West V2 of the NW ¼ of the SE ¼ of the NW ¼ of Section 12, Township 46, Range 42,
Palm Beach County, Florida.
EXHIBIT "A" (continued)
Brosseau Property (Property No. 11 on the Map)
(Property Control No. 00-42-46-12-00-000-302 l)
The East ½ of the NW ¼ of the SE ¼ of the NW 74 of Section 12, Township 46,
Range 42, Palm Beach County, Florida.
Morton Property (Property No. 17 on the Map)
(Property Control No. 00-42-46-12-00-000-3026)
Northwest ¼ of the Northeast ¼ of the Northwest ¼ (Less the North 140.25 feet
Lateral Canal #30 R/W) and the East 25' of the West ½ of the Southwest ¼ of the
Northeast ¼ of the Northwest ¼, Section 12, Township 46, Range 42, Palm Beach
County, Florida.
Triad Plant Company Property (Property No. 18 on the Map)
(Property Control No. 00-42-46-12-00-000-3180)
The Northeast ¼ of the Northeast ¼ of the Northwest ¼ of Section 12, Township
46 South, Range 42 East, less the East 40 feet thereof for County Road right of
way purposes, less the North 140 feet thereof, and also less the North 299.0 feet
of the East 249.0 feet of the Northeast ¼ of the Northeast ¼ of the Northwest ¼ of
said Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida.
EXHIBIT "B"
EXlt~BI-T
I
I 4
MILITARY TRAIL
I
-'~ ......... BARWICK ROAD _
· .- ;
COMPOSITE
EXHIBIT "C"
Compos'i ce
~l~IBTT "C"
CONTRACT FOR SALE AND PURCHASE
PARTIES: SEE SECOND ADDENDUM, PARAGRAPH 3
II.
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
SEE SECOND ADDENDUM, EXHIBIT ONE
(b)
Street address, city, zip, of the Property is:
13478 Souch Milicary Trail, Delray Beach, FL
PURCHASE PRICE:
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the "Effective
Date" :o be held in escrow by
Robert W. Federspiel, P.A. Trust Accounc
in the amounc of
%,044r 000 O0
$ 52,200.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
991,800.00
Total $ 1,044,000.00
III. TIME FOR ACCEPTA/~CE; EFFECTIVE DATE; FACSIMILE: If this offer is no~
executed by and delivered :o all parties OR FACT OF EXECUTION communicated in
writing between the parties prior to such offer being withdrawn by the firs:
party signing, ~he deposit(s) will, a: Buyer's option, be returned and ~his offer
withdrawn. The date of Contract ("Effective Date") will be ~he date when ~he
last one of the Buyer and the Seller has signed this offer. A facsimile copy of
this Contrac~ and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: Wi=hin sixty (60) days from :he Effective Date, (CHECK
ONLY ONE): · Seller shall, at Seller's expense, deliver =o Buyer or Buyer's
attorney; OR O Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): Oabstrac~
of title or ·title insurance commitment (with legible copies of instruments
listed as exceptions attached :hereto) and, after closing, an owner's policy of
title insurance.
v. CLOSING DATE: This transaction shall be closed and the deed and ocher
closing papers delivered on April 1, 2002, unless modified by other provisions of
Contract.
vi. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7~
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller represents there are no parties in occupancy other than
Seller; but if Property is intended to be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer ac time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all r~sk of loss to Property from date of occupancy, shall
be responsible and llable for maintenance from that date, and shall be deemed to
have accepted Property ~n lts existing condition as of time of taking occupancy
unless otherwise stated here~n.
viii. TYPEWRITTEN OR F-A/~DWRITTE~; PROVISIONS: Typewritten or handwritten
provislons, rlders and addenda shall control all printed provisions of chis
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign this Contract except Buyer may assign
this Contract to: SCNOOL BOARD OF PALM BEACK COUNTY.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health rlsks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidellnes have been found in
buildings ~n Florida. Additional informatlon regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determlned the energy efficlency ratlng of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: See Standards for Real Estate Transactions
attached hereto and made a part hereof. If additional terms are to be provided,
attached addendum and CHECK HERE J.
BUffER:
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
Date
SELLER:
NORTHERN TRUST BANK OF FLORIDA, N.A.,
not ~ndividually, but in its
f~duciary capacity as Successor Co-
Trustee of Trust A under the Johannes
A. Jetcinghoff Trust u/a/d 7/8/86
By:
Printed Name: Date
Title.
Johannes A. Jettinghoff, Jr. Dace
Not individually, but in h~s
Fiduciary capacity as Successor
Co-Trustee of Trust A under the
Johannes A. Jettlnghoff Trust u/a/d
7/8/86
NORTHERN TRUST BANK OF FLORIDA, N.A.,
not Individually, but in its
fiduciary capacity as Successor Co-
Trustee of the Genoveva Jettinghoff
Trust u/a/d 7/8/86
By:
Printed Name:
Date
Johannes A. Jettinghoff, Jr. Date
Not Individually, but in his
Fiduciary capacity as Successor
Co-Trustee of the Genoveva
Jettinghoff Trust u/a/d 7/8/86
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name: ARVIDA REALTY SERVICES
Listing Broker
Cooperating Broker
SELLER:
BUYER:
PROPERTY ADDRESS:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
JOHANNES A. JETTINGHOFF and GENEVIEVE JETTINGHOFF
CITY OF DELRAY BEACH, a Florida municipal corporation
13478 South Military Trail, Delray Beach, FL
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. SEE SECOND ADDENDUM, PARAGRAPH 6.
B. At any time prior to closing, in the event Seller shall have received
a bonaflde offer to purchase the subject Property from an unrelated and
unaffilIated third party ("Third Party Offer"), which contract shall not have
any contingencies other than Se ~er conveying good and marketable title, and
further which provides for a clos_.~g earlier than the closing date provided for
under this Contract, Seller shall provide Buyer with a true copy of said Third
Party Offer, whereupon Buyer shall have ten (10) days within which to either:
(i)elect to close on the purchase pursuant to the terms of this Contract upon the
earlier scheduled closing date as contained in said Third Party Offer, or
(ii)cancel this Contract and receive a full refund of all deposits paid
hereunder.
C. This Contract is contingent and conditioned upon the Buyer
simultaneously closing on the acquisition of those properties described as:
Property Control No. 00-42-46-12-00-000-3020
Property Control No. 00-42-46-12-00-000-3210
Property Control No. 00-42-46-12-00-000-3201
Property Control No. 00-42-46-12-00-000-3202
Property Control No. 00-42-46-12-00-000-3200
Property Control No. 00-42-46-12-00-000-3025
Property Control No. 00-42-46-12-00-000-3220
Property Control No. 00-42-46-12~~0-000-3023
Property Control No. 00-42-46-12-00-000-3026
Property Control No. 00-42-46-12-00-000-3180
(the "Other Parcels") upon terms and conditions evidenced by a Contract for
Sale and Purchase in form and substance acceptable to the Buyer; such contracts
to be obtained and a true copy to be presented to Seller within sixty (60) days
from the effective date of this Contract. In the event the Buyer shall not have
successfully obtained the execution of an acceptable contract for each of said
Other Parcels within the time prescribed, either party may cancel this Contract
by providing written notice of such election to the other party. Further, in the
event the said contracts for the "Other Parcels" do not all simultaneously
close with the closing on th~s Contract on April 1, 2002, the Buyer shall have
the right to terminate thls Contract on April 1, 2002, by providing written
notice to the Seller, in which event the Buyer shall receive a full refund of all
deposit monies paid hereunder and this Contract shall be null and void and of no
further force or effect.
D. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
thirty (30) days following the Effective Date, and this Contract shall expressly
not be deemed an "offer" for any purpose unless and until the said City
Commission shall have approved and accepted said Contract an open session. If
this Contract is not approved by the City Commission of the Cl~y of Delray Beach
within thirty (30) days following the Effective Date, then th~s Contract will be
null and void and of no further force or effect.
E. For purposes of the purchase and sale of the subject Property, the
parties hereby acknowledge that this Contract is being entered into in l~eu of
condemnation. This paragraph is not to be construed as a consent to condemnation
in the event this Contract is cancelled and Seller reserves the right to contest
future emlnen~ domain proceedings, if any.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRA/qSACTIONS
A. EVIDENCE OF TITLE- (l]An ~bs~rac= of t~tle prepared or brought current by a reputable and exlstiaq abstrac~ f~m (~f no~
u~zst~ng theft certified a~ correc~ by a~ ex~st~ng f~) pu~o~ng to be an accurate s~opsis 0f the ~ns~n~s ~ffec~ng ~tle ~o
Real Property recorded tn the 9ubl~c records of =he county where~n Real Pro~er~y ts located, ~hrough Effective 0a~e [~
CO~mce ~x=~ ~he ea~l~es~ ~uD[~c records, or such la,er da~e as ~y be cus=o~ l~ ~he COunty Upon c~oslng of ~h~s Con~rac~. ~he
abs~rac~ shall become ~he ~roper~y of Buyer, suD]ec~ ~o the r~gh~ of re~entlon ~hereo~ b~ flrsa ~r~gagee un~l~ fully pa~d (2) A
~le ~nsu~a~ce CO~me~ ~ssued b~ a Flor~da 11ceosed =~=~e ~nsurer agreel~g ~o ~ssue ~o Buyer, upon recording of ~he deed
Buyer, an owner's 9ol~cy o~ t~t~e ~nsura~ce ~n ~he a~u~ of ~he purchase price, ~sur%~g Buyer's tL~le ~o Real Property. suD]ec~
or ~fore ClOSing Seller shall Convey a ~rke~able ~l~le sub~ec= only to liens, e~cu~ra~ces, excep~loms or ~all~lca=lo~s se~
in Contract. Marketable =l=le shall be de~erm~ned according =o apDl~caOle Tz~e Standards adopted by authority o( The Flor~da Bar
and ~n accordance w~=h law Buyer shall have ]0 days, ~f abstract, or 5 days, ~f ~l~le co~tmen~, from date of recezv~ng ev%dence of
title ~o examine ~= If t~=le ~s found defective. Buyer shall, wl~hzn 3 days ~hereafter. notlfy Seller ~n writing spec~fylng
defect(s} If the de[ec~s~ r~nder ~tle unmarketable, Seller w%~l haue ]0 dayB (rom recelD= o~ notice to re.ye ~he
faxllng which Bu?er shall, 'wL=hl~ five (5] day~ after exgtra~oa of ~he =~lr~y (30} day perlod, dell~er wrl~=en no~ce ~o Seller
ez=her (1) extendlng =he ~:me for a reasonable ~er~od no~ ~o exceed 120 days w:~nln which Seller shall ~2~1_%~ ucc
cff~ ~o re.ye ~ne defects, or (2)requesting a refund of deposit(s} pa~d which shall l~ecla~ely De returned ~o Buyer If Buyer
defects, Buyer small el~her ~a~%e the defects, o$ rece~ , refund of deposl~{s). :nereb} releas.tg Buyer and Seller from all ~urt~er
Obllgat~on under this Contrac:
C. S~Y. Buyer, a~ Buyer's expense, wz=hln c~me allowed zo delzver evidence of ~zcle, may ~ave Real Pfoper~y surveyed and--
E. ~GRESS ~ EGRESS: Seller . _ represents tha~ ~aere ~s ~ngress and egress ~ =ne Real Property DufflclCn~ f3s
hereln, of any flnanclng s~a=emen=~, claims of lien or ~en=~al l~enors ~o~ ~o Seller and fur=her a=~es~ng ~ha= =here have been
no %~rovemen=~ or re~akrs =o )r09er~y for 90 days ~edlately preceding da~e of closing rf 9roper~y has been ~m9roved, or repaired
basis for a mechanxc'~ l~en or a claim for da~ges have been pa~d or wlll be pald a= closLng of ~n~s Con~rac~
N. PLACE OF CLOSING. Closing shall be held Ln the county where Real Property ~s Located, at the office of the attorney or ocher
closing agemt designated by Seller
I. TIME: [n computing time per,ods of Less than s~x (6~ days, Saturdays. Sundays and state or national legal holidays shall be
excluded. Any time periods provided for herein which shall end On Saturday, Sunday o~ legal holiday shall extend Co 5 00 p m of the
J. DOCUMENTS FOR CLOSING: Seller shal! furnish deed, D~ll of sale, construction l~em affidavit, owner's possession affidavit,
assignments Of teases, tenant and mortgage estoppel letters, and Corrective lnsc~ments Buyer shall furnish closing statement,
mortgage, mortgage note, security agreement, and ~inanclng statements
EXPENSES- Documentary scamps on the deed and recording corrective lnsC~ments shall be paid by Seller Documentary stamps and
~ntanglble tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and
f~nanclng statements shall be paid by Buyer Unless otherwise provlce~ by law Or rider ~o this Contract, charges for the following
related title services, namely title Or abstract charge, title examl-atlon, and settlement and closing fee, shall be paid by the
party responsible for furnishing the title evidence ~ accordance ~ch Paragraph V
L. PRORATIONS, CREDITS. Taxes. assessments, rent. lnceresc, Insurance and other expenses and revenue Of Property shall be prorated
cvs.ti ~rs,.~u..~s ~hall bc ~r$catcd Cash at closlnq shall be ~ncreased or decreased as may be seq,/ired by prorations to be ~ade ~hrough
day prior to closing or occupancy if occupancy occurs ~efore closing Advance ren~ and security deposits wmll be credited ~o Buyer
Escrow deposits held by mortgagee will be credited to Seller Taxes snail be prorated based On the current year's tax ~i~h due
allowance made for maximum allowable d~scou~t, homes ~ a-d ocher ece~ptlons ff closing occurs at a date when the CUrrent year's
millage is not ~lxed, and current year's assessment I iltable, ta-~es ~lI1 De prorated based upon such assessment and tPe prior
seat's millage If current year's assessment ~s mot a' ,_.'sle, c~en :axes will be prorated on the prior year's ~ax If there ~re
co,plated improvements on Real Property by January lsz of 'year of C!OS~ng. .which lmprovements were not in ex~scence on Janus r%, let of
=he prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon
between the part,es, failing which, request w~ll be made co the County Pro~erty Appraiser for an informal assessmenc taking ~nto
consideration avaxlable exemptions. Any tax proration based on an estimate shall, ac request of e~ther party, be readjusted upon
receipt of tax bill on condltlon chat a statement to chac effect is s~gned ac closing
M. SPECIAL ASS~$SM~..',~T LIENS: Certif~ed. confirmed and ratified spec_al assessment liens as of d~c Jf cl~s~.t~ ~nct az cf Sffcc~','c
0 RISK OF LOSS If the Property is damaged by f~re or ocher casually before closing ~md sss; of ins;sca;zen iscs cci s;-cssd 2% :=
PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall De retorted upon clearance of funds. If an abscract of title has Deem
furnished, evldence of title shall be continued at Buyer's expense t: show clcle in Buyer, without any encumbrances Or change which
would render Sel!er's t~tle unmarketable from the date of the last evLzence. All closing proceeds shall be held ~n escrow by Seller's
attorney or ocher mutually acceptable escrow agent for a period of t== more =hah 5 days after closing date If Seller's ti=la ~$
rendered unmarketable, through no fault of Buyer, Buyer shall, wl~hln the 5 day period, notify Seller in writing of the defect and
Seller shall have 30 days from date of receip~ of such notification :o cure the defect If Seller fails =o ~lmely cure the defect,
all deposit(s) shall, upon written demand by Buyer and wzchxn 5 days after demand, be returned to Buyer and szmuLtaneously w:th such
repayment, Buyer shall re~urn Personalty and vacate Real P~opercy and reconvey the Property to Seller by spec:al warranty deed and
bill of sale If Buyer fails to r~ake t~mely dem.~nd for refund, Buyer shal~ cake title as ~s. waiving al% r~ghts age:nat Seller as to
any intervening defect except as ~y be a~alla~le to Buye~ by virtue o~ wa~ranCle~ contained ~n the deed o~ bill o~ sale I~ a
portion o~ the purchase pctce [s to be dertved (rom institutional [lnanclng O~ ~e~nancxng, retirements of the lending
as co place, Ctme o~ day and p~ocedu~es ~oF closing, and ~o~ dzsbu=semenC o[ ~rcgage pFoceeds shall control over cont~a~
disbursement of ~rcgage proceeds as a result of any title defect attributable to Buyer-~rtgagor The escrow and closing procedure
required by ~his Standard may be waived ~f ~tle agen~ insures adverse mac,ers pursuant ~0 Section 627 7841, F S . as amended
Q. ES~OW: ~y escrow agenE ("Agent"; retelling f~ds or e~valent ~s authorized and agrees by acceptance of them ~0 de~si~ ~hem
promptly, hoid same An escrow a~d. subject to clearance, disburse them [~ accordance wz~h terms and comdltlons of Co~act Failure
of clearance of funds shall not excuse Buyer's perfo~mce !~ ~n doumC as ~o Agent's du~es or liabilities under ~he provisions of
ConErac~, Agent may, at Agent's opc~on, COnClnue ~o hold ~he sub]ec~ ~at~er of ~he escrow until the part~es hereto agree ~0
d~sburse~nt, or until a judgment o~ a courz of competent ]urlsd~ct~on shall dete~ne the rlghts of t~e part~es or AgenE ~y
wl~h the clerW of the ClrC~lt Co~r~ havl~g )ur%sdxc~o~ of ~he d~spute. Upo~ notifying all partles concerned of such actxo~, all
I~ab~l~Ey on ~he par~ of Agent shall fully cermxnaEe, except to ~he ex~en~ o~ accounting for any ~ems prevlously delivered OUt of
escrow If a l~censed real estate broker. ~ent will comply w~t~ prov~slons of ChaDser 475, F S , as amended ~y su~ between Buyer
aad Seller where Agent ~s ~de a par~y because of acting as A~ent hereunder, oc in any sul~ wherein Agen~ ~nte$pleads ~he
~lab[e Eo any par~y o$ person for m~sdellvery ~o Buyer -~ 7elle~ of ltems suo]ect ~o ~hls escrow, unless such mlsdelivery ~s due
~ll~ul b~each of Contract or gross negligence of Agent
prevailing party ~n such ~c~gac~on which, for the pu~se~ of chis Standard, sha~l ~nclude Seller, Buyer, and an~ brokers acting
agency or nonagenc7 relationships authorized by ~er 475, F S., a~ amended, shall be entitled to recover from c~e non-~reva~l~ng
parry reasonable ac:orney's fees, costs, and expenses
S. FAZL~E OF PERFORCE: If Buyer fails Co perform chis Contract ~:ch~n the ::me spec~f:ed (:ncludzng pa~enc of ali
~eposlc[s)), the deposlt(s) pa~d by Buyer and depos~c s) agreed ~o De pa~d, may be recovered and recalned by or for the accounc of
Seller as agreed upon l~quldaced da~ges, co~slde~a~lon ~or the execution of Chls Contract and In full ~ecclememc of any cIa~ms,
~ereu~n. Buyer and Seller shall be tel&eyed o~ all obligations unde~ Contract. or Seller, at Seller's option, ~y proce~ ~n
co enforce Seller's r~ghcs under c~s Contract. If for any reason ocher than fa&lure of Seller ~o ~ke Seller's c~cle ~rketable
afte~ d~!~gen~ effort, Seller fa~ls, neglects or refuses ~o perfo~ chis Comcracc. the Buyer may seek specific perfor~nce or e!ecc
Cc receive Cne ~ecurn of Buyer'~ deposit(s) wlchout thereby .a~v~ng any action for da~ges resulting from Selle~'~ breach
T. CON~ NOT RECO~ABLE; ~ERSONS BO~; NOTICE: Neither chis Concrac~ nor any noc~ce of ~ shall be recorded ~n any publ~
records Th~s Contract shall bxnd and ~nure Co the benefit of the par~es and che%r successors l~ ~nterest. Whenever the context
pe~ts, ~lngular ~hall lnclude plural amd one gender shall ~nclude all Not~ce glven by or ~o the attorney for any pa~y s~ll be as
effective as ~f ~xven by or ~o chat party
U. CO~Y~CE: Seller shall convey :::le CO Real Proper:y by T~ee~s~e~ s:a~u~cr}- warranty, 5~u~:~a'~,
r2~c~c~:~L~-'c'~ ~ }ua~dL&~'s deed, as appropriate ~o ~ne status of Seller, subjec~ only Co ~tcers CO~al~ed L~ Paragrapa VI~ asd
Dy the party or paroles ~ntended CO be bound by
SECOND ADDENDUM TO CONTRACT
FOR SALE AND PURCHASE
SELLER:
Northern Trust Bank of Florida N.A. and Johannes A. Jettinghoff, Jr., not
individually but each in its fiduciary capacity, as Successor Co-Trustees of
Trust A under the Johannes A. Jettinghoff Trust u/a/d 7/8/86, as to an
undivided one-half interest AND Northern Trust Bank of Florida N.A. and
Johannes A. Jettinghoff, Jr., not individually but each in its fiduciary capacity,
as Successor Co-Trustees of the Genoveva JettinghoffTrust u/a/d 7/8/86, as to
an undivided one-half interest
BUYER: City of Deiray Beach, a I~ lorida municipal corporation
EFFECTIVE DATE: August ,2001
LEGAL DESCRIPTION: SEE EXHIBIT "ONE" ATTACHED HERETO
The Contract, described above (hereinafter the "Contract"), to which this Second Addendum
is attached, is hereby modified as follows:
1. Notwithstanding anything contained in the Contract and First Addendum, the
provisions ofthis Second Addendum shall control as to any inconsistencies or conflicts between the
Contract and this Second Addendum. Defined or capitalized terms used in this Second Addendum
shall have the meanings attributed to them in the Contra~ct.
2. COUNTERPARTS: This Second Addendum may be executed in one or
more counterparts, each of which shall be deemed an original and all of which taken together shall
constitute one and the same instrument. Any party may execute this Second Addendum by facsimile
signature and the other party shall be entitled to rely on such facsimile s~gnature as evidence that this
Second Addendum has been duly executed by such party.
3. PARTIES: The first sentence of the Contract is hereby deleted and the
following is inserted in lieu thereof: "PARTIES: Northern Trust Bank of Florida N.A. and Johannes
A. Jettinghoff, Jr., as Successor Co-Trustees of Trust A under the Johannes A. JettinghoffTrust u/a/d
7/8/86, as to an undivided one-half interest AND Northern Trust Bank of Florida N.A. and Johannes
A. Jemnghoff, Jr., as Successor Co-Trustees of the Genoveva JettinghoffTrust u/a/d 7/8/86, as to an
undivided one-half interest, whose post office address is: C/O Northern Trust Bank of Florida, N.A.,
Glenn Porter, Second Vice President, 700 Bncketl Avenue, Miami, FL 33131, (305) 789-118 t,
("Seller"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer") of I00
N.W. 1st Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby a~ee that the Seiler
shall sell and Buyer shall buy the/rbllowing described Real Property (hereinafter the "Property")
upon the following terms and conditions, which INCLUDE the Standards for Real Estate
Transactions ("Standards") on the reverse side hereof or attached hereto and r/ders and addenda to
this Contract for Sale and Purchase ("Contract")."
4. OCCUPANCY: The first sentence of Paragraph VIII of the Contract is
hereby deleted and the following is inserted in lieu thereof: "Seller represents that to Seller's
knowledge there are no parties in occupancy other than: that certain lease between Johannes A.
Jettinghoff, Jr. and Northern Trust Bank of Florida, N.A., a national banking association, as
Successor Co-Trustees of the Johannes A. JettinghoffTrust u/a/d July 8, 1986 and restated May 5,
1999 AND Johannes A. Jettinghoff, Jr. and Northern Trust Bank of Florida, N.A., a national
banking association, as Successor Co-Trustees of the Genoveva JettinghoffTrust u/a/d July 8, 1986
and restated May 5, 1999, as Landlord and James Dancer, as Tenant, dated as of December 1, 1999
("Lease"), ,.vi'rich Lease encurnbers Parc-I One described ~n Exhibit One, and which Lease will
terminate on or before closing, and that tanwntten verbal month to rnonth lease with Goodwill
Industries, Inc., which lease encumbers Parcel Two, and whmh lease w~ll terminate on or before
closing.
5. AS IS AND WITH ALL FAULTS. Buyer agrees that Seller has not made,
does not make and specifically d~sclaims any representations, warranties, promises, covenants,
agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or
written, past present or future of, as to, concerning or with respect to: (a) the nature, quality or
condition of the Property, including, without limitation, the water, soil and geology; (b) the income
to be derived from the Property, (c) the suitability of the Property for any and all activities and uses
which Buyer may conduct thereon; (d) the compliance of or by the Property or its operation with any
laws, rules ordinances or regulation of any applicable govenm-~ental authority or body; (e) the
habitability, merchantability or fitness for a particular purpose of the Property; or (f') any other matter
with respect to the Property. Buyer acknowledges that a deteriorated and uninhabitable structure
exists on Parcel Two (as described in Exhibit One hereinafter).
Without limiting the foregoing, Seller does not make, has not made and specifically
disclaims any representation or warranty regarding the .presence or absence of any hazardous
substances (as hereinafter defined) on, under or about the Property or the compliance or
noncompliance of the Property with the Comprehensive Environmental Response, Compensation
and Liability Act, the Superfund Amendment and Reauthorization act, the Resource Conservation
Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act,
the Clean Water Act, the Clean Air Act, any so-called federal, state or local "superfund" or
"superlien statute," or any other statute, law ordinance, code, rule, regulation, order or decree
regulating, relating to or imposing habdity (including strict liability or standards of conduct
concerning any hazardous substances (collectively, the "hazardous substance taws"). For purposes
of the Contract, the tern'~ "hazardous substances" shall mean and include those elements or
compounds which are contained on any list of hazardous substances, toxic or environmentally
sensitive substances, adopted by the State of Florida or adopted by the United States Environmental
Protection Agency and the list of toxic pollutants or environmentally sensitive substances designated
by Congress or the Environmental Protection Agency or under any hazardous substance laws.
2
Buyer further acknowledges and agrees that having been given the opportunity to
inspect the Property, Buyer is relying solely on its own investigation ofthe Property and not on any
information provided or to be provided by Seller. Buyer further acknowledges and agrees that any
information provided or to be provided with respect to the Property by the Seller was obtained from
a variety of sources and provided to Buyer w~thout recourse to Seller and that Seller has not made
any independent investigation or verification of such information and Seller makes no warranty or
representation as to the accuracy or completeness of such information.
The occurrence of the closing shall constitute an acknowledgment by Buyer that the
Property was accepted without represent.ation or warranty, express or implied, and otherwise is an
"as is" and "with all faults" condition based solely on Buyer's own inspection. The
acknowledgments and ag'reements of'Buyer set forth in this para~aph shall survive the closing and
shall not be merged therein.
6 INVESTIGATIOiN PER/OD. TheBuyershallhaveonehundredfifty(tS0)days
within whmh to conduct any and all feas~bd~ty studies and determinanons relative to the smtabfl~ty for the acqmsmon of
the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any nme during
said period for any reason or no reason, tn Buyer's sole discretion, whereupon Buyer shall receive a full refund of all
deposit monies prod hereunder Buyer shall be granted reasonable access to the premises to conduct such feasibility
studies and determmanons, inctud,ng environmental assays, core drilling, surveys, soil sampling and other such testing.
In the event Buyer does not notify Seller of' Buyer's election to terminate the Contract within the
Inspection Period, then it shall be conclusively and finally presumed that the Buyer agrees to accept
the Property in "AS IS" and "WITH ALL FAULTS" condition. All reports, inspections, or
investigations shall be certified to both the Seller and the Buyer and the Buyer shall promptly deliver
to Seller copies o fall written reports, inspections, or investigations received relative to the Property.
TIME IS HEREBY SPECIFICALLY MADE OF THE ESSENCE AS TO THE SELLER'S
RECEIPT OF THE BUYER'S NOTICE TO TERMINATE THE CONTRACT AS PROVIDED
FOR HEREIN.
Buyer and Buyer's agents shall be permitted access to the Property beginning on the
Effective Date as may be reasonably necessary in order to conduct the inspections and investigations
permitted hereunder. Buyer, as a condition to its exercise'ofthe inspection rights described herein,
agrees to indemnify, defend and hold the Seller harmless from and against any and all losses, claims,
costs, damages, liabilities and expenses, including reasonable attorneys' fees and other costs and
expenses incurred, sustained or asserted against the Seller or the Property arising out of'the exercise
by the Buyer, or any of its agents, of the aforesaid right of inspection. This indemnification shall
survive the Closing or the termination of'the Contract.
In the event the Buyer elects to terminate the Contract on or prior to the expiration of
the Inspection Period, Buyer shall dehver to the Escrow Agent and to Seller prior to the return of the
Deposit by Escrow Agent to Buyer, along with such notice of termination: (i) an original affidavit
signed by the Buyer confirming that all persons who have provided investigative or inspection
services relative to the Buyer's inspections have been paid in Full (hereinafter "Buyer's Affidavit");
(ii) copies of paid invomes from all persons providing such services on behalf of the Buyer which
shall be attached to Buyer's Affidavit; (iii) an executed Release and Cancellation of Contract for Sale
3
and Purchase; and (iv) copies of all written reports, inspections, or investigations received relative to
the Property. The Items described in paragraphs (i), (ii), (ii0 and (iv) above are collectively referred
to heretn as "Buyer's Release Documents".
l'f a Phase II Environmental Audtt is recommended by Buyer's Environmental
Inspector, then Buyer must obtain Seller's prior written approval to undertake a Phase [Ir
Environmental Audit (the approval or denial by Seller to undertake a Phase II Environmental Audit
shall be in Seller's sole and absolute discretion). Buyer also agrees that ~fBuyer or Buyers' Agents
shall cause any physical damage to the Property occasmned as a result of any soil borings or similar
physical tests or examination, the Buyer shall repair same to the orqgmal conditions thereof promptly
upon the completion of any such test or examination.
7 LIABILITY OF FIDUCIARY. Buyer acknowledges and agrees that Seller
enters into this Contract solely m the~ fiduciary capacity as trustee, personal representatxve, or
guardian, as the case may be, and not ~:dividually. Seller shall [lave no obligation or liability
whatsoever under this Contract except to the extent that the trust, estate or guardianship Property m
the actual possession of Seller is avmlable for their payment and discharge, and any representations,
warranties, covenants, undertakings and agreements made on the part of Seller, regardless of their
form, are nevertheless made and are intended for the purposes of binding only the trust, estate or
guardianship Property specifically in this Contract. No personal habdity or personal responsibility is
assumed by, nor shall at any time be asserted or enforceable agaxnst, Seller m&vidually on account
of any instrument executed by, or on account of, any representation, warranty, covenant, undertaking
or a~eement of Seller either express or implied and all such personal hability, ~fany, ~s expressly
waived and released by Buyer.
8. Insert the following sentence at the end of Paragraph VI: The Seller shall
convey and the Buyer shall accept title subject to the exceptions described and set forth in
Exhibit A attached hereto.
9. Deleted subparagraph (b) Paragr,~ph X. in its entirety.
I 0. The first sentence in Paragraph J. DOCUMENTS FOR CLOSING. under
the Standards is hereby deleted and the following ~s inserted m lieu thereof.' Seller shall furnish a
Special Warranty Deed, Sellers No Lien Affidavit, a Foreign Investment Real Property Tax Act
(F!rRPTA) Affidavit, and corrective instruments, if any.
1 I. All other terms and provismns of tile Contract except as provided in this
Second Addendum shall remain the same.
IN WITNESS WHEREOF, Seller and Buyer have executed this Second Addendum.
Date:
SELLER:
Northern Trust Bank of Florida N.A., not
individually, but in its fiduciary capacity as
Successor Co-Trustee of Trust A under the
Johannes A. Jettinghoff Trust u/add 7/8/86
By:
Printed Name:
Title:
Date:
Date:
Date:
Date:
Johannes A. Jettinghoff, Jr., not individually,
but in his fiduciary capacity as Successor
Co-Trustee of Trust A under the Johannes A.
JettinghoffTrust u/add 7/8/86
Northern Trust Bank of Florida N.A., not
individually, but in its fiduciary capacity as
Successor Co-Trustee of the Genoveva
Jettinghoff Trust u/add 7/8/86
By:
Printed Name:
Title:
Johannes A. Jettinghoff, Jr., not individually,
but in his fiduciary capacity as Successor
Co-Trustee of the Genoveva Jettinghoff Trust
u/add 7/8/86
BUYER:
City of Delray Beach, a Florida municipal corporation
By:
Signature
Print name
5
EXHIBIT "ONE"
LEGAL DESCRIPTION OF PROPERTY
NORTHERN TRUST/JETTINGHOFF AS CO-TRUSTEES CONTRACT
PARCEL ONE:
The East one-half(E 1/2) of the Southwest one-quarter (SW l/4) of the Southwest one-quarter (SW
l/4) of the Northwest one-quarter (NW I/4) of Section 12, Township 46 South, Range 42 East, Palm
Beach County, Florida. (Property Control No. 00-42-46-12-00-000-3170)
PARCEL TWO:
The South 2/5 of the West one-half(W 1/2) of the Southwest one-quarter (SW l/4) of the Southwest
one-quarter (SW I/4) of the Northwest one-quarter (NW I/4), Section 12, Township 46 South,
Range 42 East, less the Right of Way of State Road 809 (Military Trail) Palm Beach County,
Florida. (Property Control No. 00 42 46 12 00 000 3040)
EXHIBIT "TWO" ·
SIGNATURE PAGE TO JETTINGHOFF CONTRACT
Date:
SELLER:
Northern Trust Bank of Florida N.A., not
individually, but in its fiduciary capacity as
Successor Co-Trustee of Trust A of the
Johannes A. JettinghoffTrust u/a/d 7/8/86
By:
Pr;qted Name:
Title:
Date:
Johannes A. Jettinghoff, Jr., not individually,
but in his fiduciary capacity as Successor
Co-Trustee of Trust A of the Johannes A.
JettinghoffTrust u/aid 7/8/86
Date:
Northern Trust Bank of Florida N.A., not
individually, but in its fiduciary capacity as
Successor Co-Trustee of the Genoveva
Jettinghoff Trust u/a/d 7/8/86
By:
Printed Name:
Title:
Date:
Johannes A. Jettinghoff, Jr., not individually,
but in his fiduciary capacity as Successor
Co-Trustee of the Genoveva Jettinghoff Trust
u/a/d 7/8/86
EXHIBIT "A"
EXCEPTIONS TO TITLE TO JETTINGHOFF CONTRACT
Reservations contained in Deeds recorded in Deed Book 11 I, Page 90,
Deed Book 20 l, Page 400, and Deed Book 201, Page 404, all of the Public
Records of Palm Beach County, Florida (as to Parcel 2).
Reservations contained in Deed recorded in Deed Book 736, Page 513, of
the Public Records of Palm Beach County, Florida (as to Parcel 2).
Covenants, conditions, and restrictions recorded January 8, 1982, in O.R.
Book 3654, Page 1218, of the Public Records of Palm Beach County,
Florida (as to Parcel 2)
FLA. DOCS:73471_I (IK_V01)
32205.0018
SEP l~ '91 iE:OgPM PRO'.'I~CE ST. CHARLES ~iE
P~TIES: PIOU~ SOCi'BTY OF M/ZSIQN~I~B OF ST. C~S BOP,~O, INC.,
C/O Father Mazuhew D'i~ones, Our Lady of Peace Miezion, 960,) W. At!antic Avenue,
Delray Beach, FL 33446 (eb~one ), and the CITY OF D~LRAY BEACh,
?loricla muniuipml =or~ora=ion, ("~"), of 100 N.W. I': Avc;lue, Delray Beach, FL
33444 (Phone: S61-~43-7~00)~ hereby agree ~hat the seller ~hall sell and Buyer
~hall buy the folIowlng described Real eroper~y and ~ersonal
~collecC~vely "~roperty") upon the following terms and cond~tion~, which INCLUDE
Zh~ Standards for Real EsUat~ Transactlon~ ("S=andard~)") on ~he rever~e side
hereof or attached hereto and riders and any addenda =o thi~ Contracu for Sale
a~d ~urchase
DESL'RXPTION~
(a)Legal de~cription o~ the Real Property located in Palm Beach County,
Florida:
west ~ of the SE ~ of the SW ~ of =he NW ~ of SecC:~on 12, Tow~sAip 4~,
Range 42
II.
Control No. 00-42~46-12-00-000-]020
4844 133~ Road South, Delray Beach,
(a) D~osi=(s) paid wiZhin
busines~ day~ followin9 =he "Effective
Date" =o be held in e~crow by
Rober~ W. Fe~er~piel, P.A. Tru~z ACCOUn~
zn =he amount of
Street address, city, zip, of the Property
$ 27,000,00
(5)
Balance ~o close (U.$. cash, LOCA~Y DRAWN
certi~ied or cashier'z check), su~]ecn =o
adjustments or proration
Total
II~. T17~ FOR ACC~PTA~CE; EFFECTI~rE DAT~; FACSIMILE: If this offer is not
ex~cuted by and delivere~ to all parties OR FACT OF EXECT~IGN communicated im
wri~ing between the parties prior =o such offer being wi~.hdrawn by the first
percy signing, the deposit(~) will, at Buyer'~ option, be re'/urned and Ehia offer
w~.~hdrawn. The da~e c~ con~ac~ ("Zffec~iv~ ~a~e") will be ~he dace when 5he
Lt~t o~e of the Buyer a~d ~5e Seller has aigne~ th~s offer. A facsimile copy of
originals
SEP ].~ '~]]. !._~:FJ?F'P1 F'PO','[I'tCE '..;T. CHARLES ~.~ ?E7~66 P.a.
IV. TITLE EVIDENCE: AT lea~t 30 days befor= closing ~ate, (CKECK ONLY ONE): I
~e~ler shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ~
Buyer shall at Buyer's expense o~tain (CHECK ONLY ONE): []~etract of title or
~t~tle insurance commitmen% (with l~g~ble copies of in~r~/ments listed as
exceptions attached there=o) and, after closing, an ow~ec's policy of title
insurance.
v. CLOSIN~ DATE: This ~r~nsac=ion shall Be clo~ed and the deed and other
closing papers delivered on April 1, 2002, unless modified b]~ cuber provisions of
Con=rac~.
VT. REET~ICTIONS; EASeMeNTS; L~MITAT/ON~: Buyer shall t~ke title subject to:
comDr~heasive land use 91a-~, zoning, re~trlction~, prohibitions and other
retirements imposed by g?;ernmental authority; restrictions and
· ~e~ring on ~he plat ~r otherwise common ~c ~ne subdivi~:ion~ D~li~ u~lity
ea~ementE of recor~ (easement~ are ~o be located contlguous to Real Property
Iine~ an~ not more 5hen 10 fee= in width as no the rear or ~ront l~nes and 7~
year of closing an~ zubse~enu years; assumed mortgages and ~urchaze money
mo~gages, if any (if additional items, see addend~); 9r~i,ied =ha= =hera
at closing no viola~ion of the formgoing.
riX. OCuu~AR~Y~ Seller warrants there ar~ no parties in occupancy o~h~r than
Seller; bu~ if Property i~ intended to be rented or occup~e.~ beyond closing,
~act and terms Zhereof and the =enann(a) or occupants shall ~e disclosed ~ursuant
~o Standard F. Seller ~hall deliver occupancy of Property to Buyer at time of
closing unless o~herwise ~tated herein. If occupancy is :¢, ~e delivered before
closing, Buyer assumes all risk of loss to Prop~r~y from da~ of occupancy, ~hall
~e re~nsibl~ and lia~ for maintenance ~ro~ tha~ ~a~e, ~d ~hall he dee~e~
have accepted Property in its existing condiuion as of uime of takin~ occupancy
unless otherwise stated hereia.
viii. TYI~WRITT~N OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
~rovia~ons, riders and addenda shall control all printed prcvi~ions of this
Con=rat= in conflict wi~h =hem.
IX. ASSIGT;ABILITY, (CH~CK ONLY 0N~): Buyer (1)1 may assign and thereby be
released from any ~urCher liability un,er ~his Contract; Or,ay ~ssign bu~ not be
released from liability under =nit Con=tact; or Qmay not assign =h&s Contract.
(a) Radon is a naturally occurring radioactlze gas that, when
accumula=e~ in a ~uil~ing in suffi~ient quad%ti=les, may present
health risk~ 'co perzons who are ewpo~ed to it over time. Levels of
radon that exceed federal and staue guideline) kayo been found in
buildings ~n Florida. Additional information regarding Radon o=
Radon tes=ing may be obtained from your Count? Public Health unit.
(b) Buyer may have det~rm!ne~ the energy ~f~ic..e~cy rating of ~he
resld~ntial building, if an}- is located ca the Real Proper=y-
c ¢ P.5
SEP 18 '81 ~: I¢]PM PPO'/IHEE ST. ~HAP. LE~ ~t~ 7~77866
XI. SPECIAL CLA~SES,; ADDENDA: If additional t~rms are to ~e provided, attached
addendum and CHECK KERE I.
C!T~ OF DELRAY BEACH
By:
Tax ID No. 60-081162~15%C
Da=e
PIOUS SOCIETY OF MISSIONARIES OF
ST. CHARLES BORROMEO, INC.
u Date
De~o~i=(s) under Paragraph ii (a) received; IF 0T~L~R THAN CASH, T~EN SIIBJ~CT TO
CLEARANCE: ROBERT
~y:
~OKER'$ FEE: The broker named below, including li~lng and cooger~ing b~okers,
are the only brokers entitled =o co~pensaUion in connection WL~h =hi~ Contrac=:
Name: ARVIDA R~ALTY SERVICES
hisCin9 Stoker
Coopera=ing 8rok,~r
SEP [~ '01 lZ: lk]PM PPO',/[~CE 'ST. CHARLES
SELL ~-R:
PROPERTY ADDRES~:
ADDENDU~ TO CONTI~ACT FOR SABLE AND PURCHASE
PIOUS SOCIETY OF MISSION~ES OF ST. C~LES ~ORROMKO,
r~C.
CITY OF DEL~Y BEACH, a Florida municipal corporation
4844 L33~ ~oad Sou~h, De,ray Beach, FL
XI. S~ECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have one hundred fifty (150) iays within which to
conduct amy and all feasibility studies and determinations relative to the
suitability for the acquisit_on of the subject property by ~he Buyer and the Buyer
r~serves the express right tu terminate this Contract a~ a~y time during said
period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer
~nall receive a full r~fun~ of all deposit monies paid hereuuder. Buyer ~hall be
granted reasonable access to t~e premiae~ to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
~ampling and other such testing.
B. At any time prior =o closing, in ~he ,~vent Seller shall have received
a bonafide offer to purchase ~he subject Property frc,m an unrelated and
unaffzliate4 third party ("Thir= Party Offer"), which con~ract shall not have
any contingencies other ~han Seller conveying good and m~rketable title, and
further which provides for a closing earlier than the close,nE date provided for
under =his Contract, Seller shall provide. Buyer with a true copy of said Third
Party Offer, ~hereupon BUyer shall have thirty (30} ~ays within which to either:
(i)elect to close on the purchase pursuan~ to the terms cf this Contract upon
=he earlier schedule~ closing date as contained in said Thir~ Par~¥ Offer, or
(ii}cancel this Contract and receive a full refund o~ all deposits paid
hereunder,
C. This Con~ract i~ contingen~ and conditioned upon ~he Buyer
simultaneously closing on =he acquicttion.of =hose ~roperties described as:
Property Control No
Property Control NO
Proper~y Control No
Property Control No
Property Control No
Proper~¥ Control No
Property Control No
Proper~¥ Control No
Property Control No
~roperty Con=roi No
~0-~2-%6-12-00-000-]040
00-42-%6-12-00-000-3150
00-~2-%6-12-00-G00-3201
00-42-46-12-00-000-320~
00-42-46-12-00-000-3200
00-{2-%6-~2-00-000-3025
00-~2-46-12-00-000-3220
00-42-4S-12-00-000-3023
00-42-~-12-00-000-30~6
Property Control No. 00-42-46-!2-00-000-31~0
(the "Other Parcels") upon terms and conditions evidenced by a Contract for
Sale and Purchase in form and uubstance acceptable to the J~uypr; such cu~trac=s
t~ he obtained and a ~rue copy =o be presented to Seller within ~lxty (60) days
from the effec~iv~ date o~ thi~ Con~ract. In the event the Buyer ~ha~l ncc have
mucce~fully obtained the ~xecution of an acceptable con,:act for each of said
Other Parcelg within ~he tlme prescribed, mither party may cancel this Contract
by providing wri=ten notice ~f such el~c=ion to =he other party. ~rther, in the
'SEP ~8 '81 LZ: [.lPrl P¢O'v[I't,iE ,5'r. CHPPLES ~_[~ 7878.866 P 7
event the said contracts for the "Other Parcels°' do not all simultaneously
close with the closing on thls Contract, the Buye~ mhal[ have the right to
zermina~e ~his Contract by providing written not~ce to the Seller, in which event
%he Buyer shall receive a full refund of all deposiz ~onle~ paid hereunder.
D. This Contract is expressly contingen~ and cmndiuioned upon th~
approval of the ~ame by the City Commission of the City of Delray Beach within
~hir~y (30) day~ ~ollowing the Rf~ective Da~e. a~d thi~ Con~ract ~k&l! ex/~ressly
n:~ be deemed an "offer°' for any purpose unless and ~ntil ~he sai~ City
Commission shall have approved and accepted said Contract ~n open ~es~ion. If
~hi~ Contracc is no~ approved Dy ~e City Commission of the City of Delray Beach
within zhirzy (a0) days followin~ the ~ffective Pate, then %his Contrac~ will ~e
null and vold and of no further force or effecz.
E. For purposes of the purchase and ~ale of the subjec~ ~roper~y,
part~es hereby acknowledge _:at this Contract iz ~eing entered into in lieu
condemnation.
F- The Seller shall have the optlo~of electing ~ partial pa~ent/9~
=he purchase price to receive ~he exchan~3e/6f a two acre Pazcel of real pro~ty,
the location and description of which/ be mutually agree,t UDon by th~ie~
and lying within one of ~he ~arcels~eing acquired p~uan~ to S~s~ion "C"
~x=~an~d, by pr~idi=~ guyer~i~n no~i~ of i~ ~e':io~o ~o ~o within
thirty (30) days following t~czive ~te of this Contr&~ In
Seller so elects to obta~h~ e~h~ of the mubJect ~perty, the ~u~hase
Hundred Sixty-~our U~ a~ ~0O C~n=s ($114,~6) per acre and the Seller
shall be re~ponsi~ for t~ Documen=a~ Sta~ T~and Titl~ Insur~ce relative
to ~uch exchang~~er ~o Sell~ In zhe even= the Seller fails
f~fte~~~, t~ Seller ~ay elect to resinate
~hi~ntr~~~ ~e~na=~n within ~uch tl~ and falling
Zo lo, ~uch righ~ of ~eller ~haTi be waived.
BhrYER'S INITIALS:
SELLER'S INITIalS:
~ca a~ ae~rt~y a~ree~n: snail mc oc~e~xao ~n ~a~ ~ ¢oacen~ re~k~e~ ~ ~eller: ~ geller ~y only re~kze =lausea
t~ eac~ :e~c ~c~fytng :~e ~cure a~ ~ura:~ of c~ Cern:'= oc~pa~y, rental race~, adva~ed renu ~d
GEP l;~ 't]l iE: I~PM PPO',,[~IC~ ST. ~HAPLEJ ~1~ 7~7~:~_A6 P.9
e~eCBmtLALLy c~eted am o~ ~eeti~ DACe, ~r ~m~ l~e~ s~:l be c~idered ag cerCi~Led, c~i~d or raziElea ~
p~c~y. ~d a~ ~ eea~w ~. e~ecc Ca cZeac~ce, d~ebu~e ~m ~n acco~e wL=~ c~ a~ co~c~ o~ ~C~c~. Pe&~u~e
wt~h the clef& o~ c~ civic c~cc ~vx~ ~sdiccl~ o~ Chg ~apuCe. ~on
~d geller ~ere ~enc L3 ~d~ ~ parry bc~uee off ~cci~ a~ ~C ~ere~er, or ~ any ~uiC ~retn ~enc SnCe~le~ ~ e~Jecc
~M emcro~ ~ or e~iv~ent ~d cha~ed and ~w~ed am court cogtg
~7 reamO~e acco~y,e ~eee, conc~, a~
~elie~ aa ~gceed u~ IA~d&~ed ~ges. c~eideraCion ~ar ~he ~ecu~i~
~i~'~ ~eed, 4s app~priac~ Co c~e statue O~ ~eller, s~ec~ only C~ ~cce~a co~c~ined
S~eCc only co ~uch ~ccec~ mc ~7 ~e o=~tme ~roviied ~or her~in.
v. ~K A~B, NO ~iOC or present a~e~nC~ Q~ r~Cac~s ghall be ~ng ~oa ~Uye~ Or 5~ller ~less inci~de~ in
~y c~e ~rcy ar pa~e~ incende~ Co be bou~ by ic
~oc r~dl!y ~ae~le ~ ~yer or which have nec been dLgc~oeed ~ Buyer
CONTRACT FOR SALE A/TD PURCHASE
PARTIES: ONGARD WATCHARINKARN and ARUNRAT WATCHARINKARN,("Seller"), of 6066 Blue
Grass Circle, Lake Worth, FL 33463 (Phone ), and the CITY OF
DELRAY BEACH, a Florida municipal corporation, ("Buyer"), of 100 N.W. 1s~ Avenue,
Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectzvely "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ("Contract").
DESCRIPTION:
(a)Legal description of ~he Real Property located in Palm Beach County,
Florida:
East ~ of the SE ~ of the SW ~ of the NW ~ of Section 12, Township 46,
Range 42
Property Control No. 00-42-46-12-00-000-3210
(b)
Street address, city, zip, of the Property
South side of 133=~ Road South, Delray Beach, FL
II. P~IRCHASE PRICE: $
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the "Effective
Date" to be held in escrow by
Robert W. Federspiel, P.A. Trust Account
in the amount of
475.ooo.o0
$ 22,500.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
$ 452,500 00
Total $ 475,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties prior to such offer being withdrawn by the first
party signing, the deposit(s) will, at Buyer's option, be returned and this offer
withdrawn. The date of Contract ("Effective Date") will be the date when the
last one of the Buyer and the Seller has s~gned this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before closing date, (CHECK ONLY ONE): ·
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR []
Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): []abstract of title or
· title Insurance commitment (w!th leglble copies of instruments listed as
exceptions attached thereto) and, after closing, an owner's policy of title
~nsurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on April 1, 2002, unless modified by other provisions of
Contract.
vi. R~STRICTIONS; ~ASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requzrements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet ~n width as to the rear or front lines and 7~
feet in width as to the s~de lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additiona' items, see addendum); provided that there exists
at closing no violation of the ~}regolng.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; but if Property is zntended to be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
VIII. TYPeWRITTeN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
ConTract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE) : Buyer (1)l may assign and thereby be
released from any further liability under thzs Contract; []may assign but not be
released from liability under this Contract; or ~may not assign thzs Contract.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in su'fficient quantities, may present
health risks to persons who are exposed to it over tzme. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtazned from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on ~he Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HERE I.
CITY OF DELP~AY BEACH
By:
Tax ID No. 60-0811624154C
DaZe
Socialor Tax Security ID No.
Deposz~(s) under Paragraph II la) recezved; IF OTHER THAN CASH, /~qEN SUBJECT TO
CLEAR3kNCE: ROBERT W. FEDERSPIEL, P A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensatzon in connection wi~h this Contract:
Name: ARVIDA REALTY SERVICES
Listing Broker
Cooperatzng Broker
SELLER:
BUYER:
PROPERTY ADDRESS:
A/)DEI~DIIM TO CONTI~ACT FOR SALE A/TD PURCI{ASE
ONGARD WATCHARINKARN and ARUNRAT WATCHA~RINKARN
CITY OF DELRAY BEACH, a Florida municipal corporation
South side of 133=d Road South, Delray Beach, FL
XI. SPECIAL CLAUSES; ADDEd'DA (Continued) :
A. The Buyer shall have one hundred fifty (150) days within which to
conduct any and all feasibility studies and determinations relative to the
suitability for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said
period for any reason or no re°ion, in Buyer's sole discretion, whereupon Buyer
shall receive a full refund of ail deposit monies paid hereunder. Buyer shall be
granted reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
B. At any time prior to closing, in the event Seller shall have received
a bonafide offer to purchase the subject Property from an unrelated and
unaffiliated third party ("Third Party Offer"), which contracn shall not have
any contingencies other than Seller conveying good and marketable title, and
further which provides for a closing earlier than the closing date provided for
under this Contract, Seller shall provide Buyer with a true copy of said Third
Party Offer, whereupon Buyer shall have thirty (30) days within which to either:
(i)elect to close on the purchase pursuant to the terms of this Contract upon
the earlier scheduled closing date as contained in said Third Party Offer, or
(ii)cancel this Contract and receive a full refund of all deposits paid
hereunder.
C. This Contract is contingent and conditioned upon the Buyer
simultaneously closing on the acquisition df those properties described as:
Property Control No. 00-42-46-12-00-000-3020
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
00-42-46-12-00-000-3040
00-42-46-12-00-000-3170
00-42-46-12-00-000-3201
00-42-46-12-00-000-3202
00-42-46-12-00-000-3200
00-42-46-12-00-000-3025
00-42-46-12-00-000-3220
Property Control No. 00-42-46-12-00-000-3023
Property Control No 00-42-46-12-00-000-3026
Property Control No. 00-42-46-12-00-000-3180
(the "Other Parcels") upon terms and conditions evidenced by a Contract for
Sale and Purchase ~n form and substance acceptable to the Buyer; such contracts
to be obtained and a true copy to be presented to Seller within sixty (60) days
from the effective date of this Contract In the event the Buyer shall not have
successfully obtained the execution of an acceptable contract for each of said
Other Parcels within the time prescribed, e~ther party may cancel th~s Contract
by providing written notlce of such elect~on to the other party. Further, in the
event the said contracts for the "Other Parcels" do not all simultaneously
close with the closing on this Contract, the Buyer shall have the right to
terminate this Contract by providing written no~lce to the Seller, in which event
~he Buyer shall receive a full refund of all deposit monies pa~d hereunder.
D. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
thirty (30) days following the Effective Date, and this ContracZ shall expressly
not be deemed an "offer" for any purpose unless and un~il the said City
Commission shall have approved and accepted said Contract in open session. If
this Contract is not approved by the City Commission of the City of Delray Beach
within thirty (30) days following the Effective Date, then this Contract will be
null and void and of no further force or effect.
E For purposes of the purchase and sale of the subject Property, the
parties hereby acknowledge that this Con~ract is being entered into in lieu of
condemnation.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRA~TSACTIONS
A EVIDENCE OF TITLE ([)An abstract of t[tle prepared o~ bro,.gh~ current by a £eputaole and exlsting abstract f~m {Lf not
Rea[ Property recorded in the public records o~ the county w~e$ein Real Property LS Located. through Effective Date it shall
commence w~th ~he earl&est public records, o~ such [a~er da~e as may be customary [n the county Upon ciosLng of ~h[s Contract, [he
abstract shark become ~he p~operty of Buyer, subject to the right of ce~en~lGn thereo~ by ~trst ~gagee uaC~l fully paid (2) A
~t[e ~nsurance Co~tment ~ssued Dy a Florida ~&censed title ~nsurer agreeing to ~ssue ~o Buyer, upon recording of ~he deed
Buyer, am owner's pollcy of tl~le insurance in the a~unt of the purchase price, ~nsuring Buyer's t~Cle ~o Real Property.
only to [~ens, encu~rances, exceptions or ~aliflca~lon provided ~n this Contract and ~hose ~lch shall De dlscharged by Seller a~
oc before Closlng Seller shall convey a ~rketable ~ltle subject only ~o liens, encu~rances, excepclo~s or ~al~f~ca~lons set forch
In Con~ract Marketable tk~le snarl ~e determined according co applicable Tl~le S~andards adopted Dy authority of The Florida Bar
and ~n accordance ~%th law Buyer shall have ]0 days, kf abstract, or 5 days, ~f ~&~le co~ltment, ~rom dace o~ ~ece~vxng evidence of
title to examine ~ [f t~le ~ found defeczlve. Buyer shall, wl~n ~ days ~ereaf~er, noclfy Seller ~n writing
defect(s) If the defect(si render t~tle unmarketable Seller wkll have ]0 days from seceipC o~ not~ce ~o re.ye the defect(s).
fa~l~ng wh~c~ Buyer s~all, w~chln ~lve (5) days after expiration of zhe ~ty {30) day per~od, del~ver written no~ce to Seller
e~ther (1) extendlng the tlme for a reasonable perlod not to exceed 120 days wl~hln which Seller s~all use d~llgent effort ~o re.ye
5he de~ects, or (2)recessing a refund of depos~(s} ~%~d w~ch shall ~ed~a~elF be returned ~o Buyer [f Buye~ fa~ls to so
Seller, Buyer shall be deemed Co have accepted the -_ e aS it ~hen ls Seller shall, ~f t~cle is found u~rketable, use
effort ~o Correct ~efect(s) ~n t~tle wlch~n the t~me ~[~ylded therefor [f Sekle~ ~s unable Co t~mely correct the defects. Buyer
shall e~cher waive the defects, or receive a ~efund o~ deposit(s), thereby releasing Buyer and Seller from all further
under Chis Contract
B ~SZ MO~Y ~RT~G~; S~I~ AOR~ TO SELLER: A purchase ~ney ~rtgage and ~rtgage no~e ~o Selle~ shall p~ov~de for
a ]0 day grace per~od ~n the event of default ~f a f~rsc ~ortgage and a 15 day g~ace perkod uf secomd or lesser ~rcgage, s~a!l
provide for r~ghc of preDa~ent ~n waole or In part w~thou~ penalty, shal~ permit acceleration in event of transfer of c~e Reai
Property, shall re~lre all ~rlor llen and encu~rances Co be kept in good stand~mg and forbid ~d~f~catlons of or future advances
under prior ~rtgage(s), s~all re.ire Buyer to ~lnta~n policies of ~nsu~ance con~alnlng a scandard ~rtgagee clause covering ali
~mprovemencs rotated o~ the Real Property aga~nsc flre and all perils ~ncluded w~thkn the ~e~ "extended coverage endorsements" and
such ocher r~sks and per,rs as Seller ~y reasonably re~lre, in an amount e~al to their h~ghest knsurable value, and the ~rtgage.
note a~ security agreement shall be otherwise ~n form a~d con~ent red.red by Seller; but seller may o~ly re~lre clauses
customarily found ~n ~rCgages, morcgage ~otes, and securlty agreemencs ~enerally ucll~zed by sav%ng and loan ~nstlcutlons or scale
or national banks located ~n the county where%n Real Property is located All Personal Property and leases being conveyed or
assigned w%ll. at Seller's option, be subject to the lien of a security agreement evldemced by recorded f~na~cl~g statements If a
balloon mortgage, the ~lnal pa~enc wzll exceed C~e periodic pa~ents thereon
C S~Y: Buyer, ac Buyer'~ expense, w~thln C~me allowed co del&vet evidence of c1cle, may have Real Property surveyed and
cerclfled by a registered Florida s~rveyor rf ~he su~ey dlzcloses e~croachme~cs on the Real Property or chat ~roveme~cs located
Chereon encroach on setback lknes, easements, lands of oc~ers, or violate an~ sescr~cz~o~s, Contract covena~cs or applicable
governmental regulaclon, the same shall constitute a c_~te defect
E INGRESS ~ ZG~SS: Seller warrants and represents ~hat ~here is ~ngress and egress ~o ~he Real Property suff~c~en~ for the
ln~ended use as d~scr%bed ~n Paragraph VII hereof, 5~51e co which ls ~n accordance w~ch SZandard A
F LEASES. Seller shall, not less ~han f5 days before c!os~ng, furnish ~o Buyer cop~es of ail written leases and estoppel
from each tenant specifying the ~a~ure and ~ura~Lo~ of 5~e zenan~'s occupancy, rental ra~es, advanced ren~ and security depos_ts
by tenant [f SelLer is unable ~o obca~n s%ch !etce~ from each tenant, the same ~nformac~on shall be furnished by Seller Co Buyer
Se[le~ shall, a~ closing, del~ver and ass:gn ail oc~g~ya! ie~ses ~o Buyer
s~ppl~e~s, nad ~a~er~almen ~n add,zion to 3ei~er's !_eh af~av~ se~tng forth ~he names of ar1 such general con,racoons,
c[osLng agent designated by Seller
T~ME. [n computing tzme perkods o[ [ess than s~x (6) days, Saturdays. Sundays and state or national legal holidays shall be
excluded Any time per~ods provided for here~n which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of the
J DOCUMENTS FOR CLOSING: Seller shall furnish deed, b~ll of sale, construction i~en affidavit, owner's possession afflda~J~t.
assignments of leases, tenant and mortgage estoppel letters, and correct,ye ~nstrument$ Buyer shall ~urnlsh closing statement.
~ntang~bls tax on the purchase money mortgage and any mortgage assumed, and recording of purchase ~oney ~ortgage to Seller, deed and
f~nanc~ng statements shall be pa~d by Buyer Unless otherwise provided by ~aw or rider to this Contract. charges for the following
related t~t[e services, namely title or abstract charge, title examloatlon, and settlement and closing fee. shall be paid by the
event premiums shall be prorated Cash at closing shall be increased or decreased as may be required by prorations ~o be ~ade through
Escrow deposits held by mortgagee will be credited to Seller Taxes shall be prorated based on the current year's tax w~tn due
allowance made for ~axlmum allowable discount, homes ~J and other exemptlons [f closing occurs at a date when the current year's
m~llage ~s not fixed, and current year's assessment ~$ *vallable, taxes wli1 be prorated based upon such assessment and the prior
year's millage [f current year's assessmen~ Is not available, then taxes w~ll De prorated on the prior year's tax [f there are
toe prior year, them taxes shall be prorated based upon =he pilot year's m~llage and at an egulcable assessment Co be agreed upon
receipt Of tax b~ll on condltlon t~at a statement to that effect 15 s~gned at closing
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment l~ens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending l~ens as of date of closing shall be assumed by Buyer [f the improvement has been
substantially completed as of Effectlve Date. any pending llen shall be considered as certlfled, confirmed or ratified and Seller
O. RISK OF LOSS. I~ the Property is damaged by fLre or other casualty before closing and cost Of restoration does not exceed 3% of
the assessed valua~lon of the Property so damaged, cost of restoration shall be an obligation of the Seller and closlng shall proceed
valuation Of the ~m~Drovements sO damaged, Buyer shall have ~he option of either ~ak=ng Property as Is, ~oget~er with either the 3% or
P ~ROCEEDS OF SALE, CLOSING PROCEDURE: Toe deed shall be recorded upon clearance Of funds [f an abstract of t~tle has been
furnished, evidence of title shall be comtinued at Buyer's expense to show tulle ~n Buyer, wlthout any encumbrances or change which
would render Seller's t~tle unmarketable from ~ne date of ~he las= evidence All closing proceeds shall be held in escrow by Seller's
a~torney or other ~u~ually acceptable escrow agent for a period of not more t~an 5 days after closing date [f Seller's ~le Is
rendered unmarketable, through no faul~ of Buyer. Buyer shall, wlthln the 5 day period, notify Seller in wilting of the defect and
Sel.~r shall have 30 days trom date of race.ps of SUCh nocif~cat.on to cure 5he defect £f Seller falls ~o ~lme~y cure 5ne defeci,
all depo~l~s; ~hall, upon written demand b/ Buyer and wlthln 5 days after de.aud, be re~u£ned to Buyer and slmulcaneousil w~th such
PLACE OF CLOSING Closing shall be held ~n the county where ~eal Propert/ ~s located, at the offkce of the attorney or ocher
r~pa~ment, Buyer shall return PerGona[ty and v,~ca¢e Real Property ~nd reconvey ~e Property to Seller by special warranty deed and
otL[ ,~f ~a[e [f Buyer falls to ~nake timely demand for refund, Buyer shall take t~tle as is. waiving all r~ghts against Seller as to
any Intervening defect except as may be available ~o Buyer by virtue of warranties contained ~n the deed Or bill of sate If a
portlon of ~he purchase price ls to be derlved from Institutional f~nanclng or refinancing, recfulrements of the lendlng ~nstltut%on
as to place, time of day and procedures for closing, and for disbursement of ~rtgage proceeds shall control over contrary provlslon
[n this Contract Seller shall have the right to recfuire from the [ending ~nstitut[on a written co~ltment that [twlll not withhold
disbursement of mortgage proceeds as a result of any t~tle defect attributable ~o Buyer-mortgagor The escrow and closing procedure
gequlred by th~s Standard may be waived if t~tle agent Insures adverse ~tters pursuant to Section 627 7841. F S , as amended
Q ESCROW ~y e~crow agent ("Agent") receiving funds or e~lvalent ~s authorized amd agrees by acceptance of them ~o deposit t~em
promptly, hold same kn escrow and, subject to clearance, dksburse them in accordance w~t~ terms and conditions o~ Contract FaAlure
of clearance of funds shall not excuse Buyer's performance [f in doubt as ~o Agenc's du~les or l~aDll~cles ~der the prov~slons of
Contract, Agent may, at Agent's option, COmtl~ue ~o hold the subject ~atCer of the escrow u~cI1 the part~es hereto agree Co
disbursement, or until a ]udgment of a court of co~ecent ]ur~sd~ctlo~ shall detem~ne the r~ghcs of the part%e~ or Agent ~y de~s~
with Che clerk of the ClrC~lC court hav~ng ]ur[sdlctio~ o~ the dispute Upon ~oclfyz~g all part~es co~cer~ed of suc~ action, all
~aDf[ity on ~he part of Agent s~all fufly te~lnate, except ~o the extent of accounc~ng for any ltems previously delivered Out of
escrow r6 a licensed real estate broker, Agent w~ll co~l~ w~th provls~ons of Chapter 475, F S , as amended ~y suit between Buyer
and Seller where Agent ~s made a party because of acting as Agenc hereunder, or ~a amy sul~ where~n Agenc ~nterpleads the
matter of the escrow, Agent shall recover reasonable aCto~eys' fees a~d costs l~curred w~ch ~hese a~un~s to be pald from a~d out of
the escrowed funds or e~valent and charged and aw-~ "ed as court costs ~n favor of the prevailing party The Agenc shall not be
~lable to any party oc pe~so~ for mxsdel~very to Buy ~ 3r Seller of ~tems s~]ect ~o ~h~s escrow, unless such mlsdellve~ ~s due
wkllful bceach o~ Contract or gross negligence of Agent
~. A~O~Y F~ES; COSTS: In amy ~lt~gaclon, lnclud~g breach, enforcement or ~nterpretaClon, arlsl~g out of ch~s Contract, the
prevalllng party ~n such fltkgatlon w~lch, for ~he pu~oses of t~s Standard, shall ~nclude Seller, Buyer, and any brokers acting ~n
agency or nonagency relat~onships authorized by Chapce~ 475, F S , as amended, s~all be entitled ~o ~ecover from the non-preva~llng
party reasonable attorney's fees, costs, and expenses
S. FAILLE OF ~ERFO~CE. If Buyer fa~ls ~o perfo~ th~s Contract w~tn~n the t~me specified (including pa~enc of all
deposit(s)), ~he deposit(s) pa~d by Buyer amd deposit(s) agreed to be paid, may be recovered and $e~alned by or for ~he account of
Seller as agreed upon ll~ldated damages, consideration for the execution of chls Contract and In full secclemen~ of any clalms,
whereupon. Buyer and Seller shall be relleved of afl obllgatlons under Contract, or Seller, at Seller's option, ~y proceed in e~lty
~o enforce Se~ler's r~ghcs under ~h~s Con, rat= If, for any reason other ~han failure of Seller to ~ke Seller'~ ~l=le ~rke~le
after d~f~gen~ effort, Seller fails, neglects or refuses ao perfo~ ~h~s Contract, ~he ~uyer ~y seek specific perfo~nce or elec=
~o receive the return o~ 8uyer'~ deposlt(s) wlchout thereby walv~ng any ac~lon for damages resulting from Seller's breach
T. CO~ WOT RECORD~LE; PERSON~ BO~; NOTICE: Neither thls Contract nor any notlce of It shall be recorded ~n any
records Thls Contract s~all b~md and ~nure ~o the benefit of ~he ~ar=~es and ~helr successors in ~nteres= Whenever the contex=
pe~ts, sin~lar shall ~ncfude plural a~d one gender shall ~nc[ude all Noc~ce g~ven by or to =he at=orney for any parry s~ll be as
effective as ~f g~ven by or ~o that party
U. COrYZa: Seller shall convey t~tle ~o Real Property by statutory warranty, =rus=ee's, personal representative's or
guardian's deed, as appropriate to ~he status of ~eller, subject only ~o mac,ers contained ~n Paragraph vii and those otherwise
accepted by Buyer Personal Property shall, ac re~esc of Buyer, be transferred by an absolute bLll of sale w~th warranty of
~ub]ec~ only to ~uch ~tters as may be ocherwtse provlded for
v. ~R AGrEeS No ~r~or or presen~ agreements or representations shall De b~md~ng upon Buyer or Seller unless ~ncluded ~n
~hls Co~rac= NO modlflcatlo~ or cha~ge ~n ~hls Co~rac~ shall De valLd or bl~d~g upo~ ~he par~les ~nless ~ wrl=l~g a~d executed
by the party or part~es intended =o be bound by ~=
w. WAR~IES Seller warrants ~hat chere are no facts known ~o Seller maCer~ally affecting =he value of the Property whxch are
not readily observable by Buyer or which have not been dzsclosed to Buyer
CONTRACT FOR SALE A/TD PURCHASE
PARTIES, R.H. CRAIGE and PATRICIA CRAIGE, his wife, ("Seller"), of 3859 Lone Pine
Road, Delray Beach, FL 33445 (Phone. ) , and the CITY OF DELRAY
BEACH, a Florida municipal co~oration, ("Buyer") , of 100 N.W. 1'~ Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "Property") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("Standard(s)") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("Contract'')
DESCRIPTION:
(a)Legal description of tn- Real Property located in Palm Beach County,
Florida:
Westerly 232.13 feet of the SW W of the SE W of NW W (less 40 feet for
canal right-of-way) of Section 12, Township 46, Range 42
Property Control No.
{b)
Street address, city, zip, of the Property is
133=d Road South, Delray Beach, FL
II. PErRCHASE PRICE: $
;AYMENT:
~38~00
(a)
Deposit(s) paid within three (3)
business days following the "Effective
Date" to be held in escrow by
Robert W. Federspiel. P A. Trust Account
in the amount of ,
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
$ 15,900 00
Total
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
execuued by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties prior to such offer being withdrawn by the first
party signiog, ~he deposit(s) will, a~ Buyer's option, be returned and this offer
withdrawn. The date of Con~ract ("Effective Date") will be the date when the
last one of the Buyer and the Seller has signed th~s offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before c!oslng date, (CF[ECK ON~'{ ONE). []
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ~
Buyer shall a~ Buyer's expense obtain (CHEC~ ONLY ONE) · ~abstract of title or
· titl~ insurance commitment (wl~h legible cop~es of instruments l~sted as
exceptions attached thereto) and, after closing, an owner s policy of t[t]c
insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on April 1, 2002, unless modified by other provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; 5IMITATIONS: Buyer shall take tltte subject to
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and ma[rets
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent ycars, assumed mortgages and purchase money
mortgages, if any (if additional ~tems, see addendum), provided that there exists
at closing no violation of the
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; but if Property is intended to be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk bi loss to Property ~rom date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its exlsting condition as of time of taking occupancy
unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: {CHECK ONLY ONE) : Buyer (1)~ may assign and thereby be
released from any further liability under this Contract; ~may assign but not be
released from liability under this Contract, or ~may not assign this Contract.
Xo
DISCLOSURES.
(a) Radon
is a naturally occurring., radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are ex'Dosed to it over time. 5evels of
radon that exceed federal and state guidelines have been found ~n
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Mealth unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ~DDENDA: if additional terms are to be provided, attached
addendum and CHECK HERE I.
CITY OF DELRAY BEACH
By:
Tax ID No. 60-0811624154C
Date
Date
Social Security
or Tax ID No.
PATR~CIA CRAI~E /~ ' Da~e
Social Security
or T~ ID No.
Deposit(s) under Paragraph II (a) received, ~F OTNER TN3%N CASH, THEN StrBJECT TO
CLEA,R3~NCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name: ARVIDA REALTY SERVICES
Listing Broker*
Cooperating Broker
*commission to be paid at six percent (6%)
as listed with John Giuffre Arvlda Realty
SELLER
BUYER.
PROPERTY ADDRESS:
ADDENDUM TO CONTRACT FOR SALE ~ PURCHASE
R.~. CRAIGE and PATRICIA CRAIGE, his w£fe
CITY OF DELRAY 8EACH, a Florida municipal corporatiom
133~ Road Sou~h, Delray Beach, FL
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have one hundred fifty (150) days within which to
conduct any and all feasibility studies and determinations relative to the
suitability for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said
period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer
shall receive a full refund o~ al~ deposit monies paid hereunder. Buyer shall be
granted reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, sur-zeys, soil
sampling and other such testing.
S. At any time prior to closing, in the event Seller shall have received
a bonafide offer to purchase the subject Property from an unrelated and
unaffiliated third party ("Third Party Offer"), which contrac~ shall not have
any contingencies other than Seller conveying good and marketable t~tle, and
further which provides for a closing earlier than the closing da~e provided for
under this Contract, Seller shall provide Buyer with a true copy of said Third
Party Offer, whereupon Buyer shall have thirty (30) days within which to either:
(i}elect to close on the purchase pursuant to the ~erms of this Contract upon
the earlier scheduled closing date as contained in sazd Third Party Offer, or
(ii),:ancel this Contrac~ and receive a full refund of all deposits paid
hereunder.
C. This Contract is contingeng and conditioned upon the Muyer
simultaneously closing on the acquisition of'those properties described as:
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
00-42-46-12-00-000-3020
00-42-46-12-00-0~0-3040
00-~-46-12-00-000-3170
00-~2-46-12-00-000-3210
00-42-46-12-00-000-t202
00-42-46-12-00-000-3200
00-42-46-12-00-000-3025
00-42-46-12-00-000-3220
00-42-46-12~00-000-3023
00-42-46-12-00-000-3026
00-42-46-12-00-000-3180
(the ''Other Parcels") upon terms and conditions evidenced by a Con~ract for
Sale and Purchase in form and substance acceptable to the Buyer, such contracts
to be obtained and a true copy to be presented to Seller within sixty (60) day~
from ~he effective date of this Con~ract. In the event the Buyer shali not havc
successfull~ obtained the execution of an acceptable contract for each of sa~d
Other ~arcels wzthin the ~ime prcscr~bed, either party may cancel this Contract
by provlding written not,ce of such election to the other party. Further, ~n the
even~ ~he said contracts for ~he "Other Parcels" do no~ all simultaneously
close with the closing on this Contract, the Buyer shall have the right to
terminate this Contract by providing written notice to the Seller, in which event
the Suyer shall receive a full refund of all deposit monies paid hereunder.
D. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
thirty (30) days following the Effective Date, and this Contract shall expressly
not be deemed an "offer" for any purpose unless and until the said City
Commission shall kave approued and accepted said Contract in open sesslono rf
this Contract is not approved by the Cl~y Commission of the City of Delray Beach
within thirty (30) days following the Effective Date, then this Contract will be
null and void and of no further force or effect.
E. For purposes of the purchase and sale of the subject Property, the
partie~ hereby acknowledge that th~s Contract is being entered into ~n lieu of
condemnation.
BLrYER'S INITIALS:
SELLERS' INITIALS
STANDARDS FOR REAL ESTATE TRANSACTIONS
shall e~her waxve the de~ect~, or receive a ffefund o~ depos%t(s], thereby releasing Buyer and Seller from all
customac~ly found tn ~rtgages. ~rtgage notes, and ~ecurlty agree~n=s generally u~%i!zed by savsng and loan lnstl~ut~on~ or
assigned w~ll. at ~eller'~ option, be sub]ec~ ~o the l~en of a security agree~nt ev%denced by recorded ~nanclng s[atemen%s l~ a
C S~Y: ~uyer, at Buyer's expense, within t%me allowed to deflver evtdenc~ of :~:le, may have Real Property surveyed and
gove~ntal regular%on, the ~ame ~hall constitute a tstle de(eot
P L~S~3: ~eller shall, not le~s ~han 15 days before closing, fu~lsh to Buyer copies of all wr~Lten leases and estoppel !err. ers
~uppl~er$, and .ater~al~ ~m addition tO Seller'~ ll.n affldav~t ~etslng ~orth ttle ~ames of all such
ctos[nq agent des:qnated by
excluded A~y time periods provided for herein which shat[ end on Saturday. Sunday or leqal holiday sh~ll ~Kr~nd Co 5 O0 p m of the
event p=em~e shall be prorated Cash at cloasnq shall be :nc~eased at ~ec:eased as ~y be re~e~ by p~o~attons co be n~de through
allowance made Lot ~xs~m allowable dzecount, homesceq {nd other exemptsons If closing occurs at a date ,.hen :he current
year's millage If current year's aseeee~t LS not available, the~ taxes w~ll be prorated om the przor year'~ tax IL ~here ar~
Date) are :o be paid by Seller Pending liens as o~ date of c[o~ng g~all be assumed by Buyer [f the improvemen~ has been
substantially completed as of Effective Date, any pending lzen shall be considered as certified, con:i~ed or ratified an~ Seller
a~:orney Or o:he? mutually acceptable escrow agen% (ar ~ per~od of mo~ ~re than 5 days after closing date ~f Seller c ~itLe
a~y intervening de~ect except ae may be available to Buyer by virtue of ~arranc~es =entailed [n :he deed or bill of sale
as to place. :tme of day and procedures for closing, and for disbursement of mortgage proceeds shall con:to[ over contrary prey:sion
In :h£S Contract geller shall have the right to requite from :he lend~ng :natitucLon a wr:Cten co,~utmont tha~ :t ~:ll no: ~ltkhold
disbursement o~ ,~rtgage proceeds as a result of any title defect a:tr:butable ~o Buyer-mortgagor The escrow and closing procedure
required by this Standard may be ~a[ved tf ti:la agent :nsuree adverse m~tters pureusnt to Section ~27 1841 F S . aa amende~
Q. ~BCRQWt /~y eecro~ agent ('A~ent*) receiving [unde or equivalent ts authorized and agrees by acceptance of them to deposit the~
promptly, hold same ~n escro~ aoX, subject to clearance, d~sburse them in accordance w~t~ te~s and candltLone o[ Contract Fatlur~
Contract, Agent may, at Agent's option, continue to hold the sub]act matter of the escro~ un::l the part,es hereto agree to [ts
escrow. [~ a licensed real estate broker, Agen~ w~ll co~ly witB prov~sions o~ ~apter 4~5, P S , as a~nded ~y su~ between Buyer
and Selle~ waere Agent ~a made a party because of acting as Agen~ hereunder, or Ln any ~u~t where~n Agent ~nce~pleads the
the escrowed [~di or e~iva~ent and charged and awards. ~s court costs ~n favor el the prevailing party. The Agent shall not be
willful breach of Contract o~ gross negligence of Agent
R. A~ FZES~ COSTS~ Im any liCigacio~, including breach, en~orcemen~ or ~nterpretation, arising out of Chub Contract, the
a~e~cy or nonagency relationships authorized by Chapter 47S, F S , as amended, shall be eno%tied to recover from the non-prevailing
Seller aa agreed upon [[~[~ced da~ges, cons:de~aCzon for the exertion o: Ch:s Contract and in Cull settlement of any claims.
whereu~n, Buyer ~ Seller ihal[ be relkeved of all obi:gat:one ~der Contract, or Seller, at Seller's option, ~y proceed :n
afCe~ diligent e~forc, geller :ails, neglects or refuses Co perfo~ thcs Contract, the Buyer ~y seek spec[:~c perfor~nce or elect
T ~ N~ ~CO~L~; PE~SON~ aO~ ~CZ, Neither chis Contract no~ any neC:ce of [t shall be recorded :n any public
e~feccive as [f ~ve~ by or to that party.
v. o~ A~S- No p~Lot oc present agreements or teptesenCaclons shall be b[ndxng upon Buyer or Seller ~less included tn
%h~l ConcriC% No ~Lf~caC~on or chan~e in ~h~m Contract shall be va~id o~ b~nd~ng upon ~he partaem unless ~n wr:t~ng and ex~cuted
nO: ceadxly obse~:vable by Buyer or wh:ch have not been d~sclosed to Buyer
CONTRACT FOR SALE AND PURCHASE
PARTIES: E. DOW1TEY FIINCK, ("Seller"), of 298 NE 7~ Street, Boca Raton, FL 33432
(Phone: ), and the CITY OF DELRAY BEACH, a Florida municipal
corporation, ("BuyeK"), of 100 N W 1'= Avenue, Delray Beach, FL 33444 (Phone:
561~243-7000) , hereby agree that the Seller shall sell and Buyer shall buy the
following described Real Property and Personal Property (collectzvely "Property")
upon the following terms and conditions, which INCLUDE the Standards for Real
Estate Transactions ("Standa~d..ls~") on the reverse side hereof or attached hereto
and r~ders and any addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
One-half of the NE ~ of the SW ~ of the NW ~ of Section 12, Township 46,
Range 42
Property Control No. 00-42-46-12-00-000-3025
II.
(b)
Street address, city, zip, of the Property is:
XXXX 133=d Road South, Delray Beach, FL
PURCHASE PRICE:
PAYMENT:
(a)
(b)
$ 574,324.00
Deposit(s) paid within three (3)
business days following the "Effective
Date'' to be held in escrow by
Robert W. Federspiel, P.A. Trust Account
in the amount of
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
Total $
24,000.00
550,324.00
574,324.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between tke parties prior to such offer being withdrawn by the first
party signing, the deposIt(s) will, at Buyer's option, be returned and ~his offer
withdrawn. The date of Contract ("Effective Date") will be the date when the
last one of the Buyer and the Seller has signed this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before closing date, (CHECK O~Y ONE): []
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ~
Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) : ~abstract of ~itle or
· title ~nsurance commitment (with legible copies of instruments listed as
exceptions attached thereto) and, after closing, an owner's policy of title
insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on April 1, 2002, unless modified by other provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7~
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the =oregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; but if Property is intended to be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property co Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1). may assign and thereby be
released from any further liability under this Contract; []may assign but not be
released from liability under this Contract; or []may not assign this Contract.
X. DISCLOSURES:
{a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HERE ,.
CITY OF DELRAY BEACH
By:
Tax ID No. 60-0811624154C
Date E DOWNEY FUNCK Date
Social Security No.
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEAR~1NCE: ROBERT W. FEDERSPIEL,
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name: ARVIDA REALTY SERVICES
Listing Broker
Cooperating Broker
05/27/20ol 13-5t F&S 56t 276 5489 SPIN PIT FED DOW ~02
S£L~ER:
BUYER;
PROPERTY ,P, J3DRESS:
ADDENDUM TO COI~RACT FOR SAL~ A~D I~TRC~AS.
E. DOWNEY FUNCK
CITY OF DELRAY BEACH, a Florida mun/cipal cozl~oratio~
X2QCK 133'~ Road South, Delray Beach, FL
XI, SP~CZA~ CLAUSe3; ADDenDA (Continued):
A. The Buyer shall have one hundred fifty (150) days wi~.~in which to
conduct any and all feasibility s~udies and determinations rmlaciv~ co che
rescues the ~re~s right =o =e~ina=e =~s Con=rat= at ~ t~ d~ said
~eri~ for ~ reason or no reason, in Buyer's sole ~scre=ion, where~ Suer
~=e~ ~ason~le access =o the premises =o c~duct such feas~ili~ e~es ~
dete~tions, inclu~ng environ~ntal assays, core drilling, s~eys, soil
sa~ling ~d ocher such =es=int.
B. At any time prior to closing, in the event Seller shall have z~cetve~
a bonafide offer to purchase the subject Property from an unrelated and
unaffiliated third par~y ("Third Party Offer"), which contract sh~ll not have
any contingencies ocher ~han Seller conveying good and m~rketable title, a~
further which provides for a closing earlier than the closing dace provided for
under this Contract, Seller shall provide Buyer wic~ a true copy of said l~trd
Party Offer, whereul~on Buyer shall have thirty (30) days within which to either:
(i)elect to close on the purchase pursuant to the terms of thim Con=rac~ upon
the earlier scheduled closing date as contained i~ said Thir~ Party Offer, or
(ii)ca~cel =his Contract and receive a full refund of all deposits paid
hereunder.
C. This Contract ia coaciagen= and conditioned u~on the
simul=aneously closing on the acquxsition of those properties describe~
Property Control No.
9roper~y Control NO.
Property Control No.
Property Control No.
Proper~y Control No.
Property Control No.
Property Control No.
Property Control No-
Property Control No.
Property Control No.
Property Control No.
00-42-46~12-00-000-3170
00-42-46-12-00-000-3040
00-42-46-12-00-000-3210
00-42-~6-12-00-000-3201
00-42-%6-12-00-000-3202
00-42-46-12-00-000-3200
00-42-46-12-00-000-3220
00-42-46-12-00-000-3023
00-42-46-12-00-000-3026
00-42°46-12-00-000-3180
(:he "Ot~er Parcels"; upon terms and condit:ons evidenced by a Con:fac:
Sale a~d ~urchaee in form and substance acceptable to =he Buyer; such
thirty [30) day~ from =he effective da~s of =his Contract. In the event =he
Buyer shall no= have successfully obtained the execution of an
con=tact for each of said Other Parcels within the time prescribed, either
party may cancel this Contract by providing written notice of much election to
=he o~er party. Further, ~n the event the said con~racts for the "Other
U8/27/20()1 ~3'51 FA~ S61 276 S489
SPI~ DIT FED DOW
P~rcels" do noc all a~a~aneo~s~ c~o6e w£~A ~he c~osin~ on t~im Con~rac~,
the Buyer shall have the rlpht to terminate this Contract by pro~idin~ written
notice to the Seller, in which event the Buyer shall receive a full refund of
all deposit monies paid hereunder.
D. This Contract is expre=sl¥ contingent and conditioned upon the
approval of the same by the C~t¥ Commission of the City of Delray ~each within
thirty (30) days following the Effective Date, and this Contract shall ~.x~r~esly
not be deemed an "offer" ~or any purpose unless and ua%ill =he said City
Commission shall hays approved and accepted said Con=tact in open session. If
this Contract ~s hOC approved by the City Commission of =he City of Delray Beach
within thirty (30) days following the Effective Date, then this Contract will b~
null and void and of no further force or effect.
E. For purposes of the purchase and sale of the subject Property, the
parties hereby acknowledge that this Contract ~$ being entered into in 1/mu of
condemnation.
BUYER'S INITIALS:
SELLZR' S INITIALS:
STANDARDS FOR REAL ESTATE TRA/gSACTIONS
,lbsKrac~ sh~kL become the property o[ Buyer, ~ubject to ~he right '~f retention %hereof ov first mortgagee '~nc.! fully pa~d (2) ~
onlj to [Lens, encumbr%nces, exceptions or qualification g~ov~ded .n thls Contract and Those which snail be discharged by Seller at
or before closing Seller shall convey a marketable t~le subject onL? to liens, encumbrances, exceptions or qualifications set ~orth
~n Contract Marketable ~l~le shall be determined according to applicable T.lle Standards adopted by author%ty of The Florida Sar
and ~n accordance w~th law Buyer shall have ]0 days, if abstract, or 5 days, if t~tle commitment, from date of rece~,/~ng evidence of
c~zle to examine It If title LS found defective, Buyer shalf. ~LthLn ] days thereafter, not~f/ Seller ~n writing specifying
gefect(s) [f the defect(e) render tLtle unmarketable. Seller ~11 nave 3g days from receipt of not_ce 50 remove the ~efect(s),
fai[zng which Buyer shall, wl[h~n f~ve (5) days after expiration of 5he 5h~rt/ (30) day per%ad, dei~ver ~rltten not,ce to Seller
earner (l) ex~end~ng the time for a reasonable per,od not to exceed i20 days w~n~n which Seller shall use dlllgen~ effort to remove
the defects, or (2) rec[uest~ng a refund Of deposit(si pa~d ~hich s~ali ~m~ed~a~e£y De returned ~o BuTer If Buyer falls to so noilly
Seller, Buyer shall be deemed to have accepted the - .e as ~ then ~s Seller shall, uf ~[~le Is found unmarketable, use dll~gent
effort to correct detect(s) in t~tle w~tn~n the ~me _.~vlded :herefor If Sel.er Ls unaole to t~me!~ correc~ the defects, Buyer
shall e~ther ~al';e the defects. Or receive a refund o[ J~'poe~t(s), thereof releasing Buyer and Seller from all further obligation
S PURCHASE MONEY MORTGAGE; SECURITY AGRZE~T TO SELLER. A purchase money mortgage and mortgage note to Seller shall provide for
a 30 day grace per[od ~n the event Of default ~f a f~rsc mortgage and a 15 day grace perlod ~f second or lesser mortgage, shall
prov~Ge for r%ght of prepayment ~n whole or ~n part w~chou~ penalty, shall permlt accelerat~om in e,ze~ of transfer of ~he Rea!
Property, shall require all prior lien and encumbrances to be kept ~n good standing and forb~d modlf~ca[~ons of o~ future advances
l~provem~nts located on the Real Property against f~re and all perils included wl~hln the ~er~ "extended coverage endorsements" and
such other rksks and perils as Seller may reasonably require, ~n an amount equal co =he%r hlghest lnsurable value, and the mortgage.
note and secuflty agreement shai~ be otherwlse ~n form and content required sy Seller, buc Selle~ may only requlre clauses
or national banks located in the county whereln Real Property ~s located All Personal Property and leases being conveyed or
assigned w~ll, at Seller's optlon, be sub]ec~ to the lien of a security agreement evidenced by recorded funanclng statements ffa
ualioon mortgage, ~he f~nal payment w~II exceed the per~od~c payments thereon
C. SURVEY: Buyer, at Buyer's expense, within tlme allowed to deliver evidence of t[cle, may have Real Property surveyed amd
E INGRESS AND EGRESS- Seller warrants and represents lhat there is Ingress and egress co the Real Property suff~clent for the
~ntended ~se ~s described %n Paragraph ';I[ hereof, t~tie to whlc~ ~s ~n accoclance ~lth Standard A
F LEASES Seller shall, not [ess ~nan !5 days before closing, furn.sn to Buyer copies of a_l ~r~ten leases and estoppel letters
b/ tenant If Seller ~s unable to ooca~n such letter from each tenant, %ne same ~nformaa~on shall be fJrnlshed oy Seller to Buyer
~ch~n that t~me pe~od ~z ~he form ~f a Seller's efflda-/~c, and Buyer may cheresf~er con~ac~ ~enants to confirm such information
c~ostng acT.mr designated by Seller
excluded Any t~me pertods provided for herein which snail end on Saturday, Sunday or Legal holiday shall extend to 5 00 p m of the
J DOCUMENTS FOR CLOSING. Seller shall furnis~ deed, bill of sale ¢:onst~uJtlo~ t.en affidavit, o~ner's possession
K EXPENSES Documentary stamps on ~he deed and recording corrective ~nstruments shall be pa~d Dy Seller Documentary s~amps and
intangible tax on the purchase money mortgage and any mortgage aseu~ed, and recording of purchase money mortgage to Seller, Jeeo and
financlng statements shall be paid by Buyer Unless otherwise provided by law or r~der to this Contract, charges for =ne follo~mg
related t&=le ser¥~ces, namely ~tle or abstract charge, =~tle examination, and settlement and closing fee, shall be pald by ~he
party responsible for furnishing the title evidence %n accordance ~ Paragraph V
L. PRORATIONS, CREDITS: Taxes, assessments, rent, interest, lnsurance and other empenres and revenue of Property shall be prorated
through day before closing Buyer ~hail have the optlon of taking over any exlst.ng po llcles of insurance, If assumable, .n which
event premiums shall be prorated Cash at closing shall be ~ncreased or decreased as may be reqru~red by prorations to be made ~hrough
day prior ~o closing or occupancy if occupancy occurs before closlrg Advance rent and security deposits w~ll be credlteo ~o Buyer
Escrow deposits held by ~ortgagee w~Ll be credited -o Seller Taxes s~all ce prorated based on the current year's ~ax w~th due
year's mlilage [~ current year's assessment is not a%a~.able, ~hen taxes wll. ce prorated on the prior year's tax [~ ~here are
compleced ~mprove~ents on Real Property by January let of year of closing, -h~cn ~prove~ents were not ~m exls~ence on January 1st of
the prior year, then taxes shall be prorated based upon the pr.or /ear's millage and at an equltable assessment ~o be agreed upon
between the part%es, falling which, request will be made to the County Propertf ~pprauser for an informal assessment taking ~nto
M. S~ECIAL ASSESSM]~NT LIENS: Certlfled, confirmed and ratified special assessment f~ens as of date of closing (not as of Effective
Date) are to be pald by Seller Pending liens as of date of closing shall be assumed by Buyer ff the [mprovemen~ has Oeen
substantkally completed as of Effective Date, any pending lien shall be c0nsloered as cerC~fled, confirmed or ratified and Seller
shall, at closing, be charged an amount equal to t~e last es=lma~e of assessment for the lmprovement by the publ~c body
O aISK OF ~OSS if =he Property ~e damaged by fire or o~her cas~al~f before closing and cost of restoration does no= excee= 3% of
~he assessed valuation of the Property so damaged, cost o~ res=ora~D~ shall De am obl~ga~lon of ~he Seller and closlng shall proceed
valuation o~ ~he improvements so damaged, Bu/er shall nave the ootion of either taklng Property as ~s, together wlth e£~ner =he 3% or
PROCEEDS OF SALE, CLOSING PROCEDURE- The deed shall be recor~ed upon clearance of funds [f an abstract of tL~le has been
would render Selles's =.tie unmar~etau[e from the da~e of 5ne las5 e/ldence All closlng proceeds shall be held in escrow Dy
Seller shall ~ave %0 days ~ro~ ~ate of ~ece.p5 cf such qot~f~cat%o~ ~o cure 5ne defect [f Seller ~a~ls to %~melv ~re t~e defect
b. Li oS ,,~le [f Buyer ~a[ks to make ~Lme[y demand ~o~ refund, Buyer s~all ~4ke ~Ltle aS is, w4~/~ng ]l~ ~ghts against Se[leE ~s
any ~ntP~venlng defect excep~ as may be available to Buyer by v~rtue of warranties contained .n the deed Or bk[[ of sale [f a
Q ESCROW' Any escrow agent ("Aqent") fete[rung funds or equivalent ~s authorized and ~grees by acceptance of them ~o deposit them
of clearance 3f funds shall hOC excuse Buyer's performance If tn doubt as to Agent's duc.es oc l[abLllt[es under the provisions
d[sbu£semen~, or until a )udgmenC of a court of competent ~ur~sd~ct[on shall determine =he rights of the parties or Agent may deposit
with the clerk of the c~rcutt court hav~ng ]ur[sd[trion of the di~puse Upon notifying ail par~es concerned of such action, all
[labtl[cy on the part Of Agent shall full/ terminate, except to ~he extent of accounting for any ~Sems prevtously dellvered ouC
escrow [f a licensed real estate broker, Agent will comply wt~h provisions Of Chapter 475, F S , as amended A~y suI~ oet~een Buyer
and Seller ~here Agent [s made a party because of acting as Agent hereunder or in any suit whereLn Agent inter pleads the subject
~he escrowed funds or equivalent and charged and aw '=d as tour[ costs Ln favor of ~he 9revelling party The Agen~ shall not be
w~llful breach of Contract or gross negligence of Agent
R ATTOR~IEY FEES, COSTS. In any litigation, including breach, enforcement or interpretation, arising ouc of th~s Contract, the
prevailing party ~n such l[ctgacion which, ~or the purposes Of this Standard, shall include Seller, Buyer, and any brokers act[ng in
agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled Co recover from the non-prevailing
party reasonable attorney's fees, costs, and expenses
S. FAILURE OF PERFORMANC~. ~f Buyer falls to perform ~h~s Contract w~h~n the time specified (~nclud~ng pa~men~ Of all
deposit[si}, ~he deposit(s) paid by Buyer and deposit(s) agreed ~o be paid, may De recovered and retained by or for the account of
Seller as agreed upon liquidated damages, consideration for the e~ecutlon of this Contract and tn full settlement of any claims.
w~ereupon, Buyer and Seller shall be relieved of all obligations undeE Con,tact, or Seller, ac Seller's option, may proceed in equity
to enforce Seller's rights under this Con, race ~f, for any reason other than failure of Seller to ~ake Seller's title marketable
after d[i[gen~ ef[oE~, Seller falls, neglects or refuses to perform ~h~s Contract, the Buyer may seek specific peEformance or elect
to receive the return of Buyer's deposit(si without thereby wa[~lng any action for damages resulting from Seller's breach
T CONTRACT ROT RECORDABL~, PERSONS BOUND; NOTICe: Neither this Contrac~ nor any notice of ~t shall De recorded ~n any public
9ecmlcs, singular shall include plural and one gender shall Inc[ade all Notice given oy or [o the attorney ~or any party shall be as
effec=lve as if given Dy or to ~hat party
U C01~V~yA~CE. Seller shall convey title ~o Real ?roDer~y by s~tutory warranty, ~rustee's, personal representative's or
guardian's deed, as appropriate co the status of Seller, subject only to mac,ers contained [n P~ragraph VII and those otherwise
accepted by Buyer ~ersonal PEoperty shall, at request of ~ufer, be transferred sy an aosolu~e b~ll of sale wlcn warranty of ~[~le,
V. OTHER AGRE~MENT~ NO prior Or present agreements or representations shall be blnd[ng upon Buyer or Seller unless included
~h[s Concrac~ No modlf[cat~on or change [n ~h~s Contrac~ shall be valid or binding upcn =he part[es ~nless [n writing and executed
oy the party o£ par~les ~ntended to be bound by
w WARPJ%NTI~S Seller warrants ~nat there are no facts know~ =o Seller macer[al!y affec=~ng the value of ~he Property which are
~oE readily observable by Buyer or which have hoc been disclosed co Buyer
CO~FTP~ACT FOR SALE ~ P~IRCF~ASE
PARTIES: MICF~AEL RAIMON'DI and JOSEPHINE RAIMONDI, his wife, ("Seller"), of 1014
Brooks Lane, Delray Beach, FL 33483 (Phone: 561-272-7112), and the CIT"f OF DELRAY
BEACH, a Florida municipal corporation, ("B~yer"), of 100 N.W. 1s~ Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "Property") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("Standard(s}") on the reverse side
hereof or attached hereto and r~ders and any addenda to this Contract for Sale
and Purchase ("Contract").
DESCRIPTION:
(a)Legal description of 5-e Real Property located in Palm Beach County,
Florida:
II.
West ~ of the NW W of the SE ~ of the NW ~ of Section
12, Township 46, Range 42
Property Control Nos.
00-42-46-12-00-000-3220 and
00-42-46-12-00-000-3023
(b)
P~RCHASE PRICE: $
PAYMENT:
(a) Deposit(s} paid within three (3)
business days following the "Effective
Date'' to be held in escrow by
Robert W. Federspiel, P.A. Trust Account
in the amount of '
Street address, city, zip, of the Property Is:
4700 Palm Ridge Boulevard, Delray Beach, FL
I, II~.U~O. O0
$ 54,900.00
(b)
Balance to close (U.S. cash, LOCALLY DP~AWN
certified or cashier's check}, subject to
adjustments or proration
Total
III. TIME FOR ACCEPTA/~CE; EFFECTI%'E DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties prior to such offer being withdrawn by the first
party signing, the deposit(s) will, at Buyer's option, be returned and this offer
withdrawn. The date of Contract ("Effective Date") will be the date when the
last one of the Buyer and the Seller has s~gned this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before closing date, (CHECK ONLY ONE): ~
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR []
Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) · []abstract of title or
· title insurance commltment (w~th legible cop~es of instruments listed as
exceptlons attached thereto) and, after closing, an owner's policy of title
insurance
V. CLOSING DATE: This transaction shall be closed and the deed and o~her
closing papers delivered on April 1, 2002, unless modified by other provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority, restrictaons and matters
appearing on the plat or otherwise common to the subdlvlsion; publac utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lanes and 7~
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additlona_ items, see addendum); provided that there exists
at closing no violation of the [oregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller, but if Property is intended to be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy as to be delivered before
closing, Buyer assumes all rlsk of loss to Property from date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE) : Buyer (1)l may assign and thereby be
released from any further laability under this Contract; []may assign but not be
released from liability under this Contract; or []may not assign this Contract.
DISCLOSURES:
(a) Radon is a naturally occurr£ng radioactive gas that, when
accumulated in a bualding in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b} Buyer may have determined the energy efficiency ra~ang of the
resldentlal building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HERE I.
CITY OF DELRAY BEACH
By.
Date
[~OSEPHINE RklM(JND I Date
Social Security No. O
Deposit(s) under Paragraph II (a) received; IF O~ER ~ C~H, THEN SUBJECT TO
CLEAPJ%NCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name: A~VIDA REALTY SERVICES
Listing Broker
Cooperating Broker
08127130 i 13'51 FA~ SB1 375 $48g
SPIN DIT FED DOW
A.13DEND~l~O CONTRACT
SELLER:
~ICHAEL RAZMONDI and JOSEPHZN~ RArNONDI
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
4700 Palm Ridge Boulevard, Delray Beach, FL
.TI. SPECIA~ CLAUSEIj ADDEI~DA (Continued):
A- The Buyer shall have one hundred fifty (150) days within w~ich to
conduct any and all feasibility studies and dete~m/nations relative to t, he
suitability for the acquisition of the subject property b~ tk~ Buyer a.d the Bu%~r
reserves the express right to terminate this Contract at ~zxy time during said
period for any reason or no reason, in Buyer's solm dlscre~xon, whereupon Buyer
shall receive a full refund of a_l deposit monies pa~d here-~er. Buyer shall be
detez~ninaCions, including environmental assays, core ~illimg, surveys. .oil
sa~ling and other such testing.
S. At any time prior to closing, in the event Seller shall have received
a ~o~afide offer to ~urchase the subjec~ Property from a~ ,,-~elated an~
unaffiliated ~hird party ("Third ~arty Offer"), which contract shall not have
any contingencies o~her than Seller conveying good an~ marketable ~l:le, and
further which provides for a closing earlier than the cloein~ date provided for
under =his Contract, Seller shall provide Buyer with a true COl;Y of ~aid Third
Party Offer, whereupon Buyer shall have thirty (30) days within which ~o either:
(i)el=ct =o close on the purchase pursuan~ ~o the terms of th/s Contract upon
the earlier scheduled closing date as contained in said Third ~ar=y Offer, or
(ii)cancel this Con=rat= and receive a full refund of all deposits ~ald
hereunder.
C. This Con=rac~ is contingent and conditioned upon the Buyer
~imul=aneousl~ closing on the acquisition of those properties described
Property Control No.
Proper~y Control No.
Property Concro! No.
Property Control No.
Property Control No.
Property Control No.
Proper~y Control No.
Property Control No.
Prope~y Control No.
Property Control ~o.
00-42-4~£12-00-000-31T0
00-42-46-22-00-000-3020
00-42-¢6-Z2-00-000-3220
00-42-46-22-00-000-3~0~
00-42-~6-12-00-000-3202
00-42-46-12-00-000-3200
00-42-46-12-00-000-~026
00-42-46-12-00-000-3180
(the "O~er Parcels"; upon terms and conditions evidenced by a Con=rac~ for
Sale and ~urchase in form and substance acceptable ~o ~he Buyer; such
con=facts to be obtained and a true copy to ~e presented ~o Seller within
thir=y (30) days from the effective date of this Contract. In the even~ the
Buyer shall not have successfully obtained ~he execution of an acceptable
con=tact for each of said other Parcels within the ~ime ~reacribe~, either
par~y may ca~cel this Contract by providing w~it=e~ :otice of such election
the other par~y. Further, in =he event the said contracts for =he
Parcels" do not all simultaneously close with the closing on this Con=tact,
the Buyer shall have =he right to terminate ~his Contrac= by ~r~vidi~g written
08/~7/Ir:I 13'5~ FAI $~ 2?6 $~89
SP[N DIT FED DOW
notice to the Seller, ~n vhich event the Buyer shall receive a full ~efue~ of
all depoeit monzea paid hereunder.
D. Thie Contract is expressly contingent and conditioned upon =he
approval of the same by ~he City Co~nieeion of the City of Delray Beach wiehin
=hir~¥ (30) d&l~ following the Effective DaUb, and Ukis Con=tact ~hall ex~ressly
not be deemed an "offer" £or any purpose unlese and un=ii =he said City
Co~ission shall have approved and accepted eaid Con~ract /21 open sessiim. If
=his Con=fac= i~ not approved by the City C~dssion of ~he Cit~, of Delray Beach
~i=hin thirty (30) days followzng ~he Effective Date, then ~J~is Contrac~ will be
null and void and of no fur=her iorce or e~fec=.
E. For purposes of the purchase and sale of the subject Propert:¥0 the
par~ies hereby acknowledge Chat this ConCrac~ is being entered into in lieu o~
condemnation.
BUYER' S IRITI.~LS:
SELI~ER' S LN~TIALS:
STA/~DARDS FOR REAL ESTATE TRAI~SACTIONS
A EVIDENCE OF T:TLE. iL)An abstract cE r~.~e prepared or brought current by a reputable and ex~stlng kostr~]ct £[rm (Lt not
Real Property ~ecorded [n ~he public records of the county where~n Real Prope~y LS loc,~ed, through Effective Date [% shall
]bstrac~ shall become ~he property of Buyer, 5ub]ec~ [o ~he $~ght of retentLon thereof by firs~ ~rCgagee unt~[ fully paid
only to [kens. encu~ances, exceptions o~ ~a[~flcatzon provided ~n ~hls Con[fac~ and those which s~all De dlscharged by Seller
or before closing Seller shall comvey a ~rketaD[e ~ltle s~]ec~ only to [~ens, encu~ances, excep~[ons or ~a!ltlca~.ons sec forth
~n Con,:act Mackecable c~cle shall be determined according ~o applicable Tlgfe S~andards adopted ay aucPorz~f of The Florida Bar
and ~n accordance wlth law Buyer sha~ have 30 days, ~f abstracz, or 5 days, zf title co~l~me~t, from date of recelv~ng evidence
t~le ~o e~am~ne ~t [f ~l~[e ~s found defective, Buyer shal~ w~h~n 3 da'/s thereafter, noslfy Seller In ~rt~qg spec:f/~ng
defectS, s) If the defect(s) render ~tle unmarketable. Seller will have 30 daTs from rece~p~ of no~ce ~o remove t~e
falI~ng walch Buyer shall, wlthln f~ve (5) days after exp~aZ%on of ~he [h&rcy (30) day per~od, deliver written no~lce ~o Seller
either (f~ extending ~he time for a reasonable pertod not ~o exceed 120 days within whlch Seile~ shall use diligent effcr~ 5o re.ye
the defects, or (2)re~est~ng a refund of depos~(s, ~d wh~c~ s~al! ~ed~ace!/ be returned ~o Buyer l~ Buyer fa~ls ~o so
Seller, Buyer s~a~l be deemed to have accepted the 5 ~ as lC then ~s Seller ~hall, ~f t~cle ~s found unmarketable, use
effort Co correcc de~ecc{s) ~n C~cle w~thkn ~h~ time psovided therefor [f SeL.ec ls unable co ~me~y correct ~he defects, Buyer
shall e~cner walve che defects, o~ ~ecelve a refund of deposit (s), thereby releasing Buyer and Seller from ali furtnec
B. P~SZ MO~Y MORTGAGE: SE~I~ AGRE~ ~ SELLER: A purchase money mortgage and mortgage note Co Seller shall pcov~de for
a iQ da~ grace per~od ~n the event of default ~f a f~rst ~rtgage and a 15 daW grac~ per~od ~f second or lesser mortgage, shall
provide for r~ghc of prepa~ent in whole or ~n parc without penalty, shall permit acceleration kn event of transfer of the Real
Propercy, shall require al! prior lien and encu~rances co be kept ~n good scand:ng and forb~d modlf~caC~ons of o$ future
under prior ~r~gage(s), snail require Buyer Co ~a~nca~n policies of ~nsura~ce concaxn~ng a standard ~rtgagee clause coverlng
~m~rovemencs located on the Real Property against f~re and all perlls ~ncluded ~ch~n the te~ "extended coverage endorsements" and
~n~ended use as descrLbed un Paragraph V~i hereof, z~tLe ;o wh~c~ ~s in accordance wlth S~anda~d A
F. LEASES. Seller sha~l, hoc less :hah 15 days before c!os;ng, furnish ~o Buyer copies of all written leases and es:sppel
Seller ~hall, at closi~g ~el~ver and assign ail original leases ~o Buye~
PLACE OF CLOSrNG Claslng shall be held in the county where Peal Property ~s Located at the office of the attorney cr
,iOSl,~g agent designated by
I TIME in computing time periods of Less than slx k6) days, Saturdays, Sundays and state or national ~egal holidays shall be
eic[uded Any cLme periods provided for herein which snail end on Saturday, Sunday or legal holiday snail extend to 5 00 p m of the
K EXPENSES. Documentary stamps On the deed and recording corrective ~nstruments shall be paid by Seller Documentary stamps and
intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and
financing statements shall be paid by Buyer Unless otherwise provided by law or rider to this Contract, charges for the following
rela~ed title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid sy the
party responsible for furnishing the title evidence in accordance with Paragraph v
PRORATIONS, CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated
through day before closing Buyer shall have the optlon of taking over any existing policies of ~nsurance, if assumable, Ln which
event premiums snail be prorated Cash at closing shall be increased Or decreased as may be required by proratlons to be made through
day prior to closing or occupancy if occupancy occurs before closing Advance rent and security deposlts will be credited to Bu'/er
Escrow deposits held by mortgagee will be credited ) Seller Taxes snail be prorated based on the current year's ~ax with due
m~ilage is not fixed, and current year's assessment ,$ l/allable, %axes will be prorated based upon such assessment and the prior
year's millage If current year's assessment is not available, then taxes w~ll be prorated on the prior year's tax If ~here are
between the parties, fa~llng which, request will be made to the County Proper~y {ppralser for an informal assessment taking into
M. SPECIAL ASSESEM~2~ LI~I~S- Certified, conf~cmed and ratified special assessment liens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending Liens as Of date Of closing shall be assumed by Buyer if the improvement has been
substantially completed as o~ Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for ~e improvement by the public body
0 RISK OF LOSS rf the Proper~y is damaged o,! flre ur ctPer casualty before closing and cost of teetotal_on does no= exceed
the assessed valuation of the Property so damagec, cost of restoration shall be an obligation of the Seller and closing sha_l proceed
~aluatlon of cne improvements so damaged, Brier shall have the option of either taking Property as is, together with either rue
any ~nsurance proceeds payable by vlrZ~e of such loss or damage, or of canceling Contract and recel~lng return of deposit{s)
PROCEEDS OF SALE, CLOSING PROCEDURE The Geed shall be recorded upon clearance of funds rf an abstract of title nas been
would render Seller's title unmarketable ~rom ice daze of ~he last evidence ~li closing proceeds shall be held In escrow by Seller's
attorney or other nutuallv acceptanie escrow agert for a period of not more than 5 days after closlmq date If Seller's t~~[e
rendered unmarKealole, cn£ough no fault of BuFer, Buyer shall, Within the S day period, notify Seller in writing of ~he aefecl and
Se~Le~ snell nave ]0 days from Jate 0~ rece~p5 of s~cn notification ~o cure tie ~efecc £f Seller falls CO cl~el~ cure cue
~[l O~ D,sLe [f Buyer fa~s to make timely de~nd for refund, ~)uyer sha~I take t~tLe as ~s, ~alvlng all rights against Seller as to
any ~[~ervenlng defect except as may be available to Buyer by '/~rtue of warranties contained in t~e deed or bill o~ sale [f a
as to place, t~me Of day and procedures for closing, and for dlsbursemen~ of mortgage proceeds shall control over contrary prov~s~on
disbursement of mortgage proceeds as a result of any t~tle defect attributable %o Buyer mortgagor The escrow and closing procedure
reql]lred by this Standard may be waived if title agent insures adverse mat~ers pursuant to Section &27 7841, F S . as amended
ESCROW- A~y escrow agen~ ("Aqeot") receiving funds or equivalent ~s authorized and agrees by acceptance Of them to deposl~ %hem
promptly, ~old same ~n escrow and. subject %0 clearance, disburse them in accordance with terms and conditions of Contract Failure
of c!ea rance o~ funds shall not excuse Buyer's performance If in doubc as %o Agent's duties or [labilities under the provisions of
disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights Of %he partier Or Agent may deposl~
wltR the clerk of the circuit court hav~ng ]urisdlct.on of the dispute Upon notlfylng all parties concerned of such action, all
[~ab~li~y on ~he par~ of Agent snail fully terminate, except ~0 the ex,eat of accounting for any items previously dellvered cut of
escrow [f a Licensed real estate broker, Agent will comply wl~h prov~slons of Chapter 475, F S , as amended A~y suzt between Buyer
and Seller where Agent is made a party because of ac~Ing as Agent hereunder, or in any suit wherein Agent lnterpleads =he subject
matter of the escrow, Agenc shall recover reasona~l~ ~-torneys' fees and costs ~ncurred wl~h these amounts to be paid from and out of
the escrowed funds or equlvalent and charged and a~ =d as courc costs in favor of the prevailing party The Agent shall not be
w~llful breach of Contract or gross negligence of Agent
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of thls Contract, the
prevailing party in such litigation which, for the purposes Of this Standard, shall include Seller, Buyer, and any bro~ers acting ~n
agency Or nonagency relationships authorized by Chapter 475, F S . as amended, shall be entitled to recover from the non-prevailing
S. FAILURE OF PERFORMANCE If Buyer fa~ls to perform this Contract wlth,n the time speclfled (including payment of all
deposit(s)), the deposit(s) paid by Buyer and deposl=~s) agreed to De paid, may be recovered and retained by or for th~ account Of
Seller as agreed upon l~qu~dated damages, cons~deratlon for the execution of th~s Contract and in full settlement of any claims,
whereupon. Buyer and Seller shall be relieved of all obIlgatlons under Contract, or Seller, at Seller's option, may proceed in equity
after diligent effort, Seller fails, neglects or refuses to perform this Contract. the Buyer~ay seek specific performance or elect
T. CONTRACT NOT RECORDABLE, PERSONS BOUND, NOTICE. Neither Chis Contract nor any notice of ~t shall be recorded in any public
permits, singular shall ~nclude plural and one gender shall Include all Notice g~ven by or ~0 the a~torney for any par~y shall be as
effectlve as ~f given by or to thac party
U. CONVEYA/~CE:Seller shall convey title [o Real Proper~y by statutory warranty, trustee's, personal representative's or
guardian's deed, as approprlate to the stains of Seller, subject only to matters contalned in Paragraph VII and those otherwise
accepted by Buyer Personal Property shall, at request of Buyer, be ~ransferred by an absolute bill of sale wlth warranty cf t~tle.
V. OTHER AGREF24ENTS NO prior or present agreements or representations shall oe binding upon Buyer or Seller unless ~ncluded ~n
this Contract No modification or change in th~s Contract shall be valld or binding upon t~e parties unless In writing and executed
by ~he party or parties intended to be bound by ~t
W. WARRANTIES Seller warrants that there are no facts known to Seller mater~ally affecting the value of the Property which are
CONTRACT FOR SALE AITD PU/tCHASE
PA~RTIES: JEAI~ J. BROSSEAU and ITALIA BROSSEAU, ("Seller"), of
(Phone: ), and the CITY OF
DELRAY BEACH, a Florida municipal corporation, ("Buyer"), of 100 N.W. 1~= Avenue,
Delray Beach, FL 33444 (Phone: 561-243-7000}, hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ("Contract").
DESCRIPTION:
fa)Legal description of the Real Property located in Palm Beach County,
Florida:
East ~ of the NW ~ of the SE ~ of the NW ~ of Section
12, Township 46, Range 42
Property Control No. 00-42-46-12-00-000-3021
(b)
Street address, city, zip, of the Property is:
4680 Palm Ridge Boulevard, Delray Beach, FL 33445
II. PURCHASE PRICE: $
PAYMENT
(a)
Deposit(s) paid within three (3)
business days following the "Effective
Date" to be held in escrow by
Robert W. Federspiel, P.A. Trust Account
in the amount of
750,000.00
$ 30,000.00
(b)
Balance to close (U.S. cash, LOCALLY DR3~WN
certified or cashier's check), subject to
adjustments or proration
$ 720,000.00
Total S 750 000.00
III. TIldE FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties prior to such offer being withdrawn by the first
party signing, the deposit(s) will, at Buyer's option, be returned and this offer
withdrawn. The date of Contract ("Effective Date") will be the date when the
last one of the Buyer and the Seller has signed this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before closing date, (CHECK ONLY ONE): ·
Buyer shall, at Buyer's expense, deliver to Buyer or Buyer's attorney; OR ~
Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): []abstract of title or
· title Insurance commitment (with legible copies of instruments listed as
exceptions attached theretO) and, after closing, an owner's policy of title
insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on April 1, 2002, unless modlfied by other provisions of
Contract.
vi. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibItions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 20 feet in width as to the rear or front lines and 7~
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the f~regoing.
vii. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; but if Property is intended ~o be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
VIII. TYPEWRITTEN OR HA/TDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1)l may assign and thereby be
released from any further liability under this Contract; []may assign but not be
released from liability under this Contract; or []may not assign this Contract.
Xo
DISCLOSURES:
{a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential buIlding, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HERE I.
CITY OF DELRAY BEACH
By:
Tax ID No. 60-0811624154C
Date
I t~lia B r o~s s e au- .... Date
Social Security No. /~ q X.~ ~/ ~ ~/
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation an connection with this Contract:
Name: ARVIDA REALTY SERVICES
Listing Broker
Cooperating Broker
SELLER:
BUYER'
PROPERTY ADDRESS:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
JEAN J. BROSSEAU and ITALIA BROSSEAU
CITY OF DELRAY BEACH, a Florida municipal corporation
4680 Palm Ridge Boulevard, Delray Beach, FL 33484
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have one hundred fifty (150) days within which to
conduct any and all feasibility studies and determinations relative to the
suitabilIty for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said
period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer
shall receive a full refund of al deposit monies paid hereunder. Buyer shall be
granted reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
B. At any time prior to closing, in the event Seller shall have received
a bonafide offer to purchase the subject Property from an unrelated and
unaffiliated third party ("Third Party Offer"), which contract shall not have
any contingencies other than Seller conveying good and marketable title, and
further which provides for a closing earlier than the closing date provided for
under this Contract, Seller shall provide Buyer with a true copy of said Third
Party Offer, whereupon Buyer shall have thirty (30) days within which to either:
(i)elect to close on the purchase pursuant to the terms of this Contract upon
the earlier scheduled closing date as contained in said Third Party Offer, or
(ii)cancel this Contract and receive a full refund of all deposits paid
hereunder.
C. This Contract is contingent and conditioned upon the Buyer
simultaneously closing on the acquisition of,those properties described as:
Property Control No. 00-42-46-12-00-000-3020
Property Control No. 00-42-46-12-00-000-3040
Property Control No. 00-42-46-12-0~-000-3170
Property Control No. 00-42-46-12-00-000-3201
Property Control No. 00-42-46-12-00-000-3202
Property Control No. 00-42-46-12-00-000-3210
Property Control No. 00-42-46-12-00-000-3025
Property Control No. 00-42-46-12-00-000-3220
Property Control No. 00-42-46-12-00-000-3023
Property Control No. 00-42-46-12-00-000-3026
Property Control No. 00-42-46-12-00-000-3180
(the "Other Parcels") upon terms and conditions evidenced by a Contract for
Sale and Purchase in form and substance acceptable to the Buyer; such contracts
to be obtained and a true copy to be presented to Seller within sixty (60) days
from the effective date of this Contract. In the event the Buyer shall not have
successfully obtained the execution of an acceptable contract for each of said
Other Parcels within the time prescribed, either party may cancel this Contract
by providing written notice of such election to the other party. Further, in the
event the said contracts for the "Other Parcels" do not all simultaneously
close with the closing on this Contract, the Buyer shall have the rlght to
terminate this Contract by providing written notice to the Seller, in which event
the Buyer shall receive a full refund of all deposit monies paid hereunder.
D. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commisslon of the City of Delray Beach within
thirty (30) days following the Effective Date, and th~s Contract shall expressly
not be deemed an "offer" for any purpose unless and until the said C~ty
Commission shall have approved and accepted said Contract in open session. If
this Contract is not approved by the City Commission of the C~ty of Delray Beach
within thirty (30) days following the Effective Date, then this Contract will be
null and void and of no further force or effect.
E. For purposes of the purchase and sale of the subject Property, the
parties hereby acknowledge that this Contract is being entered into in lieu of
condemnation.
F. The Seller shall be e~titled to personally salvage or remove all or
any portion of the existing residential structure located on the subject premises
(the ~'Seller's Work") within six (6) months following the closing. Provided,
however, that in the event the Seller utilizes the services or labor of any third
parties in such effort then: (1) the Seller shall obtain public liability
comprehensive casualty ~nsurance in a principal amount of not less than
$1,000,000.00, naming the Buyer as an additional insured, with such policy to
remain ~n force throughout such six-month period, (2) the Buyer and Seller
jointly record such appropriate notices as are provided for by law to prevent
mechanic's liens from attaching to the subject property as a result of Seller's
Work, Seller's contractors and agents, (3) the Buyer shall be entitled to retain
in escrow Seventy-five Thousand Dollars ($75,000.00) as security for any expenses
or claims asserted against the subject property resulting from Seller's Work,
with such funds being released only upon Seller obtaining all appropriate and
required Contractors' Affidavits and Releases of Lien from those persons provided
labor, services or materials in pursuit of Seller's Work, and (4) Seller shall
agree to indemnify, save, and hold the Buyer harmless from any and all losses,
claims, causes of action, or liability of any nature resulting from Seller's
Work, includlng attorneys' fees and costs of, litigation through the appellate
level.
BUYER'S INITIALS:
SELLER'S INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENCE OF TITLE: (L)An abstract of tkt[e prepared or brought current b/ a reputable and ex~stlng abstract f~rm (~f not
Rea[ Property recorded tn the public records of ~he county whe~e~n Real Properzy ~s Located, through Effective Date It shall
co~ence wlch the earliest publlc records, or such ~acer date as may be cusco~ry in the county Upom closing o~ th~s Contract. ~he
abstract shall become the properzy of Buyer, subject to ~he rlgh~ of recension zhereof by fLrst mortgagee unc~f fully pald (2)
t~tfe insurance comml~men~ lssued by a Florida ~lcensed ~tle ~nsurer agreeing to issue ~o Buyer, upo~ recording of ~he deed
Buyer, an owner's policy of title ~nsurance ~n the amoun~ of the purchase price, lnsur~ng Buyer's ~le ~o Real Property.
on fy to f~ens, encu~rances, exceptions or qualification p~ovlded ~n zh~s Contracz ~nd those w~ch shall be d~scharged by Seller ac
or before CfOS%~g Seller shall convey a ~rketable ~lsle s~]ect only to liens, e~cu~rances, exceptions or ~al&f%cat~o~s set forth
~n Contract Marketable t~tle shall be determined according to applicable T~le Standards adopted sy authority of The Florida Bar
a~d ~ accordance wl~h law Buyer s~all have 30 days, ~f abstracz, or 5 days, ~f ~le CO~l~me~, from date o~ receiving evidence of
~lzle ~o examlne ~t ff title ks found defective. Buyer shall, wl~h~n 3 days ~hereaf~er, ~o~lfy Seller in wrlz~ng specifying
defect(s) If ~he defect(s) render z~le unmarketable, Seller w~ll have 30 days from rece~p~ of no~ce to remove the defect(s),
fail,ag wh~c~ Buyer shall, w~th~n f~ve (5) days after expiration of the ~h~r~y (30) day per~od, del~ver written not~ce ~o Seller
e~her (1) ex~endxng the c~me for a reasonable per~od not to exceed 120 days w~hln which Seller shall use d~llgent effor~ ~o re.ye
~he defects, or (2;re~est~ng a refund of depos~(s) pa~d ~,h~ch shall ~ed~a~ely be returned ~o Buyer [f Buyer fa~ls ZO so
Seller, Buyer shall be deemed to have accepted ~e ~_-_e as it then ls Seller shall, ~f t~le ~s found un~rke~ab[e, use d~l~gent
effor~ ~o correc~ defect(s) ~n ~e within the ~me ~ .ded ~herefor [f Set,er ~s unable ~o ~mely correc~ ~he defects, Buyer
shall e~ther waive the defects, or recelve a refund of ~e~s~ (s), ~hereby releasing Buyer and Seller from all further obligation
under th~s Contract
B P~SE MO~Y MOR~GE; SE~I~ AG~ ~ S~LLER: A purchase money mortgage and ~rzgage no~e ~o Seller shall provide for
a 30 day grace per~od ~n ~he event of defaul~ [fa f~rsc mortgage and a !5 day grace per~od ~f second or lesser mortgage, shall
provide for r~ght of prepa~en~ ~n whole or ~n ~ar~ w~hou~ penal~y, shall perml~ acceleration in eve~ of ~ransfer of ~he Real
Property, shall re~kre all prior l~en and encu~rances t0 be kept ~n good standing and forb~d ~dlf~cac~ons of or future advances
under prior mortgage(s), shall re~re Buyer ~o maintain pollcles of ~nsurance conca~nlng a standard morcgagee clause covering all
~mprovements locaced on the Real Property agalnsc fire and ail perils lncluded wlChln the Ce~ "extended COVerage endorsements" and
such ot~er r~sks and perkls as Seller ~y reasonably re~lre, In an a~unC e~al to chekr hlg~es~ ~nsurable value, and the ~rtgage,
note and securlCy agreement shall be otherwlse ~n form and content re~red by Seller, buc Seller may o~ly re~lre clauses
customarily found ~n mortgages, mortgage ~o~es, and secur~y agreements generally utilized by saving and loan ~nst~Cut~ons or
or na~lonal ba~s located mn ~e county whereln Real Proper~y ~s ~ocaced All Personal Proper~y and leases bemng conveyed or
assigned wmll, at Seller's option, be s~]ec~ ~o ~he l~en of a securm~y agreement evidenced by recorded fxnancmng statements [fa
balloon mortgage, the flnal pa~ent wmll exceed the periodic payments thereon
C. S~Y: Buyer, at Buyer's expense, w~h~n ~me allowed ~o del~ver evidence of ~le, may have Real Proper~y su~eyed and
cer~mfmed by a reglsCered Florxda surveyor If ~he su~ey dLscloses encroac~enus on ~he Real Properzy or ~hat l~rovements located
~hereon encroach on setback llnes, easements, lands of others, or vlolaCe any restrictions, Con~rac~ covenants or applicable
governmental regulacmon, ~he same shall cons~:~u~e a t~le defec~
E. INGRESS ~ ZGRESS: Seller warrants and represents thaz ~here ~s =ngress and egress to ~he Real Property sufflc:en= for the
· nCended use as descr%bed in Paragraph VII hereof, =lcle =o which ls ~n accordance wl~h Standard A
F L~SES: Seller shall, not less than 15 days before closing, furnish ~o Buyer oodles of all wrl=cen leases and estoppel lec=ers
from each cenant specifying ~he nature and dura=lon of the =enant's occupancy, renCal rates, advanced ten= and se~rlzy de9osl~s pald
by tenant [f SelLer ~s unable ~o obtain such iet~er from each tenan~, ~he same ~nforma~lon shall be furnished by Seller ~o Buyer
w~=hln ~hac tLme per~od ~n ~he form of a Seller's affldavl=, and Buyer ~ay 5hereafzer contac~ tenants =o conf~rm suc~
Seller shall, at closlng, deilver and assign all orlglnal leases ~o Buyer
G. LI~S: Seller shall furnish ~o Buyer a~ tlme of closing an aff~davl~ a~es~lng to ~he absence, unless otherwise provided for
~erel~, of any fl~a~cing statements, cla~s of i~en or 9o=en~al llenors kno~ to Seller a~d furzher aCtes~lng =ha~ there have been
no improvements or repairs ~o Property for 90 days l~edlazefy preceding ~ate of closlng ff Property has seen l~roved, or repalred
wl~hl~ ~hat tlme, Seller shaLL deliver releases or waivers of ~echanlcs' lle~s executed by all general con=factors, s~con=rac~ors,
suppliers, and mazer=almen =n add~tzon to Sei!er's lien affldav~ se~5lng forZh the names of all such general con~rac~ors,
subcontractors, suppliers and ma~erlalmen and f~rtzer affl~lag that all charges for Improvemenzs or repairs which could se~e as a
bas~s for a mechanic's l~en or a claim for damages nave been paid or w~ll be pa~d a~ closlng of ~hls ConzracZ
H. PLACE OF CLOSING. Closing shall be held tn the county ~here Real Property ~s located, at the office of the attorney or other
closing agent designated by Seller
I TIME. £n computing time per~ods of less than slx (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded ~ny t~me periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of the
next business day Time is of the essence in this Contract.
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill Of sale, construction lien affidavit, owner's possession affidavit,
assignments of leases, tenant and mortgage estoppel letters, and corrective instruments Buyer shall furnish closing statement,
mortgage, m~rtgage note, security agreement, and ~lnanclng statements
EXPENSES: Documentary stamps on the deed and recording Corrective instruments shall be paid by Seller Documentary stamps and
intangible tax on the purchase money mortgage and any mortgage assumed, and recordang of purchase money mortgage to Seller, deed and
flnanclng statements shall be paad by Buyer Unless otherwise provided by law or rider to thas Contract, charges for the following
related title services, namely tltle or abstract charge, title examination, and settlement and closing fee, shall be paid by the
party responsable for furnashang the t~tle evidence in accordance with Paragraph V
L. PRORATIONS; CREDITS. Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated
through day before closlng Buyer shall have the option of takang over any existing pollcles of ~nsurance, if assumable,
event premiums shall be prorated Cash at closing shall be increased or decreased as may be required by prorataons to be made through
day pr~or to closang or occupancy ~f occupancy occurs before closing Advance rent and security deposlts wlll be credated to Buyer
Escrow deposlts held by mortgagee w) ll be credated to Se Les Taxes shall be prorated bases on the current year's tax wlth due
allowance made for maxamum allowable dascount, homest~.l and other exemptions If closang OCCURS at a date when the current year's
millage ~s not fixed, and current year's assessment ~$ ~lable, taxes will be prorated based upon such assessment and the prior
year's m~llage [f current year's assessment is not ava..~sle, then taxes will be prorated on the pr~or year's tax If there are
completed Improvements on Real Property by January 1st of year of closang, which lmprovements were not an exastence on Janus./ 1st of
the prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon
between the parties, falling which, request will be made to the County Property Appralser for an informal assessment taking into
consaderatlon available exemptlons Any tax proration based on an estimate shall, at request of esther party, be read]usted upon
receipt of tax bill on condatlon that a statement to that effect Is s~gned aC closing
M. SPECIAL ASSESSMENT L~ENS: Certlfaed, confirmed and rataf~ed special assessment liens as of date of closing (not as of Effectave
Date) are to be paid by Seller Pendang liens as of date of closing shall be assumed by Buyer If the ~mprovement has been
substantially completed as of Effective Date, any pendang lien shall be considered as certified, confirmed or totalled and Seller
shall, at closlng, be charged an amount equal to the last estamate of assessment for the improvement by the publac body
....... =, clcctrical, - .....................
O. RISK OF LOSS: If ~he Property as damaged by fare or other casualty before closing and cost of restoration does not exceed 3% of
the assessed valuation of the Property So damaged, cost of restorataon shall be an obllgataon of the Seller and closang shall proceed
valuatzon of the Improvements so damaged, Buyer shall have the option of either ta~lng Property as Is, together with esther the 3% or
any insurance proceeds payable by vlrtue of such loss or damage, or of cancelang Conuract and recezv%ng return of deposit(s)
P. PROCEEDS OF SALE; CLOSING PROCEDUI~E. The deed shall be recorded upon clearance of funds If an abstract of title has been
would render Seller's c~tle unmarketable from the date of she last evidence ~11 closing proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agent for a perlod of not more than S days after closang date If Seller's tatle
rendered unmarketable, through no faulc of Buyer, Buyer shall, w~thln the 5 day period, notify Seller in wratang of the defect and
Seller shall have 30 days from date of receipt of such notiflcat~on to cure the defect If Seller falls to timely cure the defect,
all deposit{s) shall, upon written demand by Buyer and within 5 days after demand, De returned to Buyer and simultaneously with Such
reoayment, Buyer shall return Personalty and vacate Rea! Property and reconvey the Property to Seller by special warranty deed and
bL[[ ot sale [f Buyer fa~ls to make timely demand for refund. Buyer shall ta~e t~cle as is, waiving all rtghcs agalnsc Seller as to
any ~nterven[ng detect except ,,s may be available to Buyer by virtue Of warranties contained in the deed or bill of sale If a
portion Of ~he purchase price is 50 be derived from institutional financing or refinancing, rec~lrements of the lending institution
,as to place, time of day and procedures for closing, amd for disbursement of mortgage proceeds shall control over contrary provision
in th~s Contract Seller shall have the right to rec~dlre from the lending lnstltutlon a wrltten com~nltment that it will not withhold
disbursement of mortgage proceeds as a result of any t~tle defect attributable co Buyer-mortgagor The escrow and closing procedure
required Dy this Standard may be waived if title agent lmsures adverse mat~ers pursuant to Section 627 7841, F S , as amended
Q. ESCROW. Any escrow agent I"Aqent") receiving funds or equivalent is authorlzed and agrees by acceptance Of them to deposit them
promptly, hold same l~ escrow and, subject to clearance, disburse them in accordance with terms and condlc~ons of Contract Failure
of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or llabllltles under the provisions of
Contract, Agent may. at Agent's option, cont;nue ~o hold the subject mat~er of ~he escrow unt;1 the parties hereto agree to its
disbursement, or until a judgment Of a COUrt of competent jurisdiction shall determine the rlg~ts of the part,es or Agent may deposl~
with the clerk of the c~rcult court having ]urzsd~ctlon of the dispute Upon notlfyzng all part,es concerned of such action, all
klab~lltf on the part of Agent shall fully terminate, except to the extent of accounting for any ~tems previously delivered out of
escrow ff a l~censed real estate broker. Agent wli1 comply w~th provlslons of Chapter 475. F S , as amended Any sult between Buyer
and Seller where Agent ~s made a party because of acting as Agent hereunder, or in any suit wherein Agent Interpleads ~he subject
n%a~er of the escrow. Agen~ shall recover reasonable aZto~=vs' fees and costa ~ncurred w~t~ these amounts to be pa~d from and out of
the escrowed funds or equivalent and charged and awar~=d as court costs in favor of the prevaillng party The Agent shall not be
liable to any party Or person for m~sdellvery to Buye: Seller of items sub]ec~ ~o th&s escrow, unless such mlsdel~very is due to
w~llful breach of Contract or gross negligence of Agen%
R. ATTOPd~EY FEES; COSTS: [n any l~t~gat~on, including breach, enforcement or interpretation, arising ou~ of th~s Contract, the
prevailing party in such l~tlgat~on whlch, for the purposes of this Standard, shall include Seller. Buyer, and any brokers actlng in
agency Or nonagency relatlonsh~ps authorized by Chapter 475, F S , as amended, shall be entltled to recover from the non-prevalllng
party reasonable attorney's fees, costs, and expenses
S. FAILURE OF ~ERFOR~i;%NCE: rf Buyer fails ~o perform chis Contract w~h~n the time specified (including payment of all
deposis(s)), the deposit(s} paid Dy Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account Of
Seller as agreed upon llquldated damages, consideration for the execution Of this Contract and Ln full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed in equlty
to enforce Seller's rlghts under this Contract If, for any reason other ~han fallure of Seller ~o make Seller's t~tle marketable
after dxllgent effort, Seller fa~ls, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect
~o receive ~he return of Buyer's deposmt(s) wmthout thereby walvLng any actlon for damages resulting from Seller's breach
T. CON~7~ACT NOT RECORDABLE; PERSONS BO~; NOTICE: Neither ~hls Contract nor any not,ce of ~t shall be recorded mn any public
records Thls Contract shall bind and lnure to the benefit of the parties and their successors ~n Lnterest Whenever the context
permits, singular shall lnclude plural and one gender shall include all Notice given by or to the attorney for any party shall be as
effective as ~f glven by or to that party
U. CONVEYA/~CE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or
guardian's deed, as appropriate to the s~acus Of Seller, sub]eot only ~o mat~ers Contained in Paragraph VII and those otherwise
accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale wl~h warranty of tltle,
suo]ect only to such matters as ~y be otherwlse provlded for hereln
V. O~7{ER AGRE~rE~4TS No prior or present agreements or representations shall be b~ndlng upon Buyer or Seller unless ~ncluded ~n
this Con~rac~. NO mod~f~ca~_on or change in ~hls ContracL shall be valid or blndlng upon the parties unless in writing and executed
by ~he party or part,es ~n~ended ~0 be bound by it
w. WkRRA~TIES Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are
not readily observable by Buyer or whlch have hoc been d~sclosed to Buyer
CONTRACT FOR SALE ~ PU~CI-L%SE
PARTIES: WILLIAM M. MORTON, ("Seller"), of
(Phone ) , and the CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Buyer"), of 100 N.W. 1~= Avenue, Delray Beach, FL 33444 (Phone:
561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the
following described Real Property and Personal Property (collectively "Property")
upon the following terms and conditions, which INCLUDE the Standards for Real
Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto
and riders and any addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
8.63 acre tract of land known as Toad Suck Farm
Property Control No. 00-42-46-12-00-000-3026
II.
(b) Street address, city, zip, of the Property is:
13029 Morton Way, Delray Beach, FL 33445
PUI~CHASE PRICE: $ ~3-1~~8-
P AI~NT:
(a)
Deposit(s) paid within three (3)
business days following the "Effective
Date" to be held in escrow by
Robert W. Federspiel, P.A. Trust Account
in the amount of
$49,565.00
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
$ 941,735.00
Total $ __--9~i-;-kOC.-O-O-
III. TIME FOR ACCEPTA/~CE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the part~es prior to such offer being withdrawn by the first
party signing, the deposit(s) will, at Buyer's option, be returned and this offer
withdrawn. The date of Contract {"Effective Date") will be the date when the
last one of the Buyer and the Seller has signed this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before closing date, (CHECK ONLY ONE): ·
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR []
Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) ~abstract of title or
· title ~nsurance commitment (with legible cop~es of ~nstruments listed as
exceptions attached thereto) and, after closing, an owner's policy of t~tle
insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on April 1, 2002, unless modified by other provisions of
Con=ract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take t~tle subject to.
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearfng on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contiguous Co Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7'~
feet in width as to the side lines, unless otherwise stated herein), taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided Chat there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warran_3 there are no parties in occupancy other than
Seller; but if Property is intended to be rented or occupied beyond closing, the
fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed to
have accepted Property in its existing condition as of time of taking occupancy
unless otherwise sta~ed herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1)· may assign and thereby be
released from any further liability under th~s Contract; []may assign but noC be
released from liability under th~s Contract; or []may not assign this Contract.
X. DISCLOSI~RES:
( a ) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are e~posed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HERE ·.
CITY OF DELP~AY BEACH
By-
Tax ID No. 60-0811624154C
WILLIAM M. MORTON Date
Social Security . _ _-
Deposit(s) under Paragraph II (a) received; IF OTHER TH~ CASH, THEN SUBJECT TO
CLED~J~NCE: ROBERT W. FEDERSPIEL,
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are ~he only brokers entitled to compensation in connection with this Contract:
Name: ARVIDA RE~LLTY SERVICES
Liszlng Broker
CooperaTing Broker
ADD]~ITDU~ TO CONTRACT FOR SALE A_ND PURCF. ASE
SELLER:
WILLIAM M. MORTON
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
13029 Morton Way, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have one hundred fifty (150) days within which to
conduct any and all feasibility studies and determinations relative to the
suitability for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said
period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer
shall receive a full refund of _'1 deposit monies paid hereunder. Buyer shall be
granted reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, su~zeys, soil
sampling and other such testing.
B. At any time prior to closing, in the event Seller shall have received
a bonafide offer to purchase the subject Property from an unrelated and
unaffiliated third party ("Third Party Offer"), which contract shall not have
any contingencies other than Seller conveying good and marketable t~tle, and
further which provides for a closing earlier than the closing date provided for
under this Contract, Seller shall provide Buyer with a true copy of said Third
Party Offer, whereupon Buyer shall have thirty (30) days within which to either:
(i)elect to close on the purchase pursuant to the terms of this Contract upon
the earlier scheduled closing date as contained in said Third Party Offer, or
(ii)cancel this Contract and receive a full refund of all deposits paid
hereunder.
C. This Contract Ks contingent and conditioned upon the Buyer
simultaneously closing on the acquisition of those properties described as:
Property Control No. 00-42-46-12-00-000-3020
Property Control No. 00-42-46-12-00-000-3040
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
Property Control No
00-42-46-12-00-000-3170
00-42-46-12-00-000-3210
00-42-46-12-00-000-3201
00-42-46-12-00-000-3202
00-42-46-12-00-000-3200
00-42-46-12-00-000-3025
00-42-46-12-00-000-3220
00-42-46-12-00-000-3023
00-42-46-12-00-000-3180
(the "Other Parcels") upon terms and conditions evidenced by a Contract for
Sale and Purchase in form and substance acceptable to the Buyer; such contracts
to be obtained and a true copy to be presented to Seller within sixty (60) days
from the effective date of this Contract. In the event the Buyer shall not have
successfully obtained the execution of an acceptable contract for each of said
Other Parcels within the time prescribed, either party may cancel this Contract
by providing written not~ce of such elect~on to the other party. Further, in the
event the said contracts for the "Other Parcels" do not all simultaneously
close with the closing on this Contract, the Buyer shall have the right to
Terminate this Coatract by providing written no~lce to the Seller, in which event
The Buyer shall receive a full refund of all deposit monies paid hereunder.
D. This Contract is expressly contingent and conditioned upon the
approval of the same by the C1Ty Commission of the C1Ty of Delray Beach within
thirty (30) days following The Effective Date, and this Contract shall expressly
not be deemed an ~'offer" for any purpose unless and until the said Cl~y
Commission shall have approved and accepted said Contract in open session. If
this Contract is not approved by The Cl~y Commission of the City of Delray Beach
within thirty (30) days following the Effective Date, then This Contract will be
null and void and of no further force or effect.
E. For purposes of the purchase and sale of the subject Property, ~he
parties hereby acknowledge ~ha~ this Contract is being entered into in lieu of
condemnation.
BUYER'S INITIALS:
STANDARDS FOR REAL ESTATE TRA/~SACTIONS
A EVIDENCE OF TITLE. (l)kn abstm%ct of title prepared or brought current ~ a reputable and existing abstract ~$m (Lf not
Rea[ Property recorded ~n ~he ~uDk~c records of Zhe county w~erein Rea[ Prope~t~ ts located, ~hroug~ Effective Da~e [t shall
co~ence wkth %he earliest public records, or such i~tef date as ~y be cus[o~ry in the county Upon CiOSlDg of this Contract,
abstract shall become the property of Buyer, subject co the right of retention thereof by f~rst mortgagee until fully paid (2)
tktle Lnsurance commitment ~ssued by a Florlda ~censed citle ~nsurer agreeing co issue ~o Buyer, upon ~ecordlng of the deed
Buyer, an o~er's po~lcy of t~t~e ~nsurance in ~he amount of the purchase prkc~, lnsuclng Buyer's c~Cie to Real Property,
only ~o liens, enc~ra~ces, exceptlons or ~allflcatlon prov~ed ~n chis Contract a~d C~ose whlc~ shall De dkscharged by Seller at
~$ before closing Selle~ shall convey a ~rketable c~51e subject omi7 5o l~ens, encu~rances, exceptions or ~ai~fkcaclons set
~n Contract Marketable t~cle s~alL be determined according Co applicable T~tle Standards adopted by author~cy of The FLorida Bar
and ~n accordance ~th law Buyer shal~ ~ave 30 days. ~f abstract, oc 5 days, If C~cle co~lZment, from date of receivlng ev%dence of
defect(s) If the defect(s) render title unmarketable. Seller wlkl have ]0 days from cece&pt of notlc~ to remove the defect,3),
fa~ling which Buyer shall, w~th~n f~ve (5) days after expiration of t~e th&try (30) day per~od, deliver written aot~ce ~o Selle~
e~cher (1) extending the time fQr a reasonable period aoC co exceed 120 days wls~ln wRlca Seller s~all use dlllgenc effort CO ~e~ve
the defects, or {2)re~estlng a refund o~ de~os~(s) oa~d w~ch s~al~ l~edlate~y be returned ~o Buyer If Buyer fa~s ~o so
Seller, Buyer ~akl be deemed ~o have accepted the ~ le ~s LC then ~s Seller shall, ~f CltLe ls found un~rketabl~, use d~lLgent
effort to corrmct defect{s) ~ ~ie within ~he C~me ,ro'/Lded therefor If Seller ~s unable co timely correc~ ~he defects, Buyer
shall e%ther walve the defects, or cecelve a refund o~ /epos[t(s), thereby releasing Buyer and Seller from afl furzher oD~lgatlon
under ~h&s Contract
S P~E MO~Y MOR~GE; SE~I~ AG~ TO S~L~. A purchase ~ney ~rtgage and ~rzgage note to Seller ~hal[ provide for
a 30 day grace period in the event of defau~ if a ~st ~ortgage and a L5 day grace per~od if secoad o~ lesser ~rtgage; sna~i
provide for rlght of prepa~ent ~n w~ole or ~n part w~thouc penalty, shall permit acceleration in event of transfer of the Real
Property, shall se~lre all pilot i~en and e~cu~rances to be kept in good stand~ng amd forbid ~dl~Lcat~ons o~ or futur~ advances
under prior ~rtgage(s), shall re~lre Buyer Co maintain policies of lnsura~ce containing a szandard mortgagee c~ause covering all
~mprovemencs Located on the Real Property agalnst fire and all perlls ~ncluded wLthln the term "extended coverage endorsements" and
such ocher rlsks and perlls as Seller ~y reasonably re~re, ~n an a~unc e~al co Cheer h~ghest ~nsurable value, and the ~rtgage.
no~e and seCUrlCy agreement shall be otherwise in form and content re~lred oy Seller, buC Seller ~y only re~re clauses
custo~r~ly found ~ mortgages, ~rcgage ~otes, and securlty agreements generally utlllzed by savL~g a~d loan l~s~ltut~o~s or scate
or naclonal ba~s located %n ~he county wherein Real Property %s located All Personal Property and leases being conveyed
assigned will. ac Seller'~ o~tlon, be sub]ecc to Che lien of a secur~CW agreemenC evidenced by recorded flnanc~ng suacements If a
balloom mortgage, the final ~a~e~= will exceed t~e per~od~c pa~encs thereon
C. S~Y: Buyer, at B~yer'~ expense, wlthln time allowed ~o delkver evidence of Cltle, may have Real Property surveyed amd
cerclfxed by a registered Florlda ~urveyor ff the su~ey discloses encroachmea=s on the Real Property or chac I~rovemen~s located
thereon encroach on secback l~nes, easements, lands of otheus, Or v%olaCe any restrictions, Contract covenancs or applicable
governmental regulaclon, the same shall CO~Sc1cuce a t~c!e defect
E. INGRESS ~ ~GRESS Seller ~arrant5 and represents chat there ~s ingress and egress CO the Real Property sufflckenz (or
~ncended use a~ de~cr~bed ~n ~a~agra~ VII ~ereof, c~tie co vh~ch ~ ~n accordance w~ch SCanda~d A
F L~SES: Seller shall, ~oc ~ess C~n 15 days before closing, furnzsh to Buyer copies of all ~r~CCen leases and estoppel letters
by tenant [f ~efler LS unable Co obtain suc~ let~er from each tenant, lhe same ~nformat~on shall be ~urnlshed by Seller Co Buyer
Set,er shall, ac closlng, delayer and assign all original leases co Buyer
G LI~S' ~eil~r shall ruin%eh C~ Buye~ aC time of closing an affidavit attesting CO the absence, unless otherwise provided for
no ~mprovemea~s or repairs to Property for )0 ~ays ~edlateiy preceding date of closing [~ Properc7 has been ~mproved, o~ repalred
PLACE OF CLOSING Closing ~ha[t be held ~n ~he county ~Nere Re~[ Propert! ts tocated, ~t the ~ff~ce of ~he ac~o~ney or
closing agent designated by Seller
I TIME In computing time periods Of Less than slx [6) days, Saturdays, Sundays and state or national legal holidays sna.l be
e~cluded Any t£me pertods provided for herein which sNali end on Saturday. Sunday or legal holiday shall extend Co 5 0O p m of the
J DOCLU4F24T~ FOR CLOSING Sek[er snail turnlsN deed, bill Of sale, construction lien a~fidavlt, owner's possession
K. EXPENSES: O0cumencary stamps on the deed and recordlng correct,ye ~nstruments shall be paid by Seller Documentary stamps and
latanglble tax on the purchase money r~ortgage and any ~ortgage assumed, and recordlng of purchase ~ney ~rtgage to Seller, deed and
f~nanclng statements shall be pa~d by Buyer Unless otherwkse provided by law o~ $lder co this Contract. charges for ~he following
related title sec¥1ces, namely title or abstract charge, title examlna~on, and set~lemen~ and closing fee, sha~l De pa~d by the
parc~ responsible for furnlsBlng the ~ltle evidence ~n accordance w~th Paragraph V
L. ~RO~TIONS; CR~ITS. Taxes, assessments, Tent, ~nterest, ~nsurance and o~n~ expenses aGd revenue of Proper~y shall be
through day De~or~ closing Buyer s~all have ~he op~lom of caklng over any exls=lng policies of ~surance, ~f assu~ble,
event premlu~ s~all be prorated Cash ac closing shall be increased or decreased as ~y be ce~lred by prorations ~o he.de ~hrough
allowance ~de for ~axl~m allowable discount, home~ ~d and other exempclons [f closing oc~rs at a da~e when ~he ~rren~ year's
c~pleced ~rove~ncs on Real Property by January 1st of year of closing, .hlch lmprovemenCs were hOC ~n exlstence on January
t~e prior year, then taxes s~all be prorated based upon ~e prlo~ year's mll!a~e and at an e~lcabie assessment to De agreed upon
between the paroles, falllng which, re.es= will be ~de co ~he County Property Appraiser for an ~nfor~l assessment takl~g
consideration available exemptions ~y tax proratlon based on an estimate shall, aC ~e~esc of e~her party, be readjusted upon
receipt o~ ~ax bill on condition that a statement %o thaC effect ~s signed a~ c!oslng
M. ~ECIAL ASSES~ L~S: Cerc&fled, confi~ed and raClfl~ special assess~n= liens as of date o~ c!oslng ~noc as of Effective
Dace) are to be pa~d by Seller Pending ~.ens as cf dace of closing shall be assumed oy Buyer If the ~rovemenC has been
suDscanc~ally completed as of Effective 0ac~, any pend~mg ~len shall be considered as certified, conf~rmed or raClfl~d and Seller
sha[l, at closing, be charged an a~unC e~al to zhe las= escapee of assessme~ for the improvement by =he 9~1~c body
O. RZSK OF LOSS If the Proper~y is da~qed by fire or o~her casuai~ before closing a~d cost of restoraC~o~ ~oes ~oC exceed 3% of
=he assessed valuation of ~he Proper~y so da~ged, cost of restoration shall oe an obllga~on of che Seller and closing shall proceed
valuation of t~e l~rovements so da~ged, Buyer sna~l have ~he option of ei~her ~aklng Propercy as is. together with either the 3% or
any knsurance proceeds payable by virtue of such loss or damage, or of cancellng Contract and recelvlng return of deposit(s)
P PROCEEDS OF SALE. CLOSING PROCED~E: The deed small be recorded upon clearance of funds If an aDs~rac~ of ~ltle ~as been
furnlshe~, evidence of title shal~ be comtua.ed al Buyer's expense ~o show t~zLe ~n Buyer. wl~hou~ any encu~rances or c~ange ~hlch
astorney or o~he~ mutually acceptable esc~w agect for a per~od of no~ more 5~an 5 days after closing date. If Se~ler's
rendered uamarkesab[e, throug~ no f~ul~ of 3uyer, ~uye~ shall, ~hln ~he 9 Jay period, no~fy Seller ~n ~r~tlng of ~he defec~ and
Seller shall have 30 days from date of rece~p~ of ~ucn ncc~flca%~on ~o cute ~ne defec~ [f Sel~er fa[is ~o t~mefy cure t~e cefect,
all depos~(s) s~all, upon written demand Dy Buye~ ~nd ~l~hin 5 ~avs after demand, be returned co Buyer ~ad s~mul~aneously wi~a Suca
as to place, t~me of ~ay and procedures for closing, and for dksbu~semenC of mortgage p~oceeds shall control over contrary provision
~sbursement of mortgage proceeds as a result of any t~tle defect attributable ts Buyer mortgagor ~he escrow and closkng procedure
requkred by this Standard may be waived ~f title agent ~nsures adverse matter~ pursuant to Section g27 78~1, F B , as amended
O. ESCROW: Any escrow agent ["Aqent") rece~vtng funds or equivalent is author~sed and agrees by acceptance of them tO deposl~ them
of clearance of funds shall not excuse Buyer's perfor~ance If tn doubt as to ~gent's duties or l~ab~litles under ~he provisions o~
disbursement, or until a ]udgment of a court of competent 3urlsdictlon shall decer mlne the rights Of c~e parties or Agent may deposit
wlth the clerk of the CirCUit Court hav%ng jurisdiction of the dispute Upon notifying all part~es concerned of such actlon, all
i~ab~l~ty on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of
and Seller where Agent ~s made a party because of acc~ng as Agent hereunder, or ~n any suit where~n Agent inCerpleads the sub)ec:
the escrowed funds or eqq/lvalent and charged and a~-: 'ed as court costs ~n fav=r of the prevailing party The Agenc s~a[1 not be
willful breach of Contract or gross negligence of Agent
· . A~O~Y FEES; COSTS: In a~y lltlgat~on, including breach, e~orcement or ~nte~retatlo~. arising ou~ of this Co~cract. the
prevailing party =m ~uch litkgatlon which, for the pu~oses of th~s Standard, s~ll Lnclude Seller, Buyer, and any brokers acting in
agency or no.agency relationships authorized Dy C~pter 475. F S . as amended, shall be entitled to recover ~rom the mon-prevalllng
S. FAILLE OF ~ERFO~: [f Buyer fa=Is ~o perform th.s Contract w~ta=n the C~me spec=fLed (lnclud=~g pa~ent of all
deposlc(s)), the deposlt{s) pa~d by ~uyer and deposit{s) a~reed co be pakd, may be recovered and retained by or for the accost of
Se~ler as agreed upon fly.dated damages, consideration for the execution of Chis Contract and kn full settlement o~ any cfalms.
whereupon, Buyer and Seller shall be re~leved of al! obl~gac=ons ~der Contract, or Sekler, at Seller's option. ~y proceed ~m e~lcy
to enforce Selker's r~ghcs under this Contract If, for any reason ouher than fa=lure of Seller to make Seller's c~tle ~rketable
after diligent effort, Seller falls, neglects or refuses to perform chis Contract, abe Buyer ~y seek specific perfo~nce or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for da~ges resulting from Seller's breach
T. CO~CT NOT RECO~ABLE; ~KRSONS BO~; NOTI~: Neither chis Contrac~ nor any not~ce of ~t shall be r~corded in any 9~1~c
pe~Lcs, ~lngular shall ~nclude plural and one gender shall lnclude all Notice g~ven by or Co the attormey for amy party shall De as
e~fect~ve as ~f guven by or to that party
U. C0~Y~CE: Seller shall convey t:c!e ~o Real Pro~ercy by statutory ~arrancy, t~stee's, personal representative's or
accepted sy Buyer Personal P=operty ~afl, at re.est of Buyer. be transferred Dy an absolute b~ll of sale with warranty of c~c!e.
V 0~ER AG~S No prior or present agreements or represencackons s~all be b~ndlng upon Buyer or Seiler ~less included ~n
oy the 9arty or parc~es ~n~ended co be bound by ~t
not readily obse~able by B~yer or which have nsc been dlsclosed to Buyer
561.498.9526
WILLIAM M. MORTON, Ph.D.
P O. Box 7882
DELRAY BEACH, FL 33482-7882
bto-boys®worldnet amnet
September 3,2001
REASONS FOR TOAD SUCK FARM COUNTER OFFER TO CITY OF DELRAY BEACH FOR
PROPERTY.
Toad Suck Farm is WATER FRONT property. It ts located on Lake Worth Drainage District Canal
L-30 that ts a major 100 foot wide drainage canal. Canals L-30 and Canal C-15 to the south actually
form the boundaries of Delray Beach ,n the North and South. Frontage on Canal L-30 will gtve
Delray Beach unlimited drainage poss~bdittes for any system of drainage ~t installs on the sequence of
properties it is purchasing.
Conttnental Homes offered Toad Suck Farm as much as they offered for the Mike Raimondi property.
Thts was done because of the water frontage, which makes the property more desirable. This was
done although the Raimondi property is larger.
De[ray Beach is getting an excellent "re-growth" natural upland pine-palmetto property suitable for
clearing for what ever use the City may plant, or for maintaining as a natural nature study area for
educational purposes. The canal will fit-in with and augment any school's envwonmental,
conversational, biological study programs. The canal also offers waterway access to Lake Ida Park, as
well as two other public parks on the Lake Ida-Lake Eden complex. The canal offers excellent
opportunities for water safety programs, first hand wildlife studies, and school boating curriculum, and
crew boating sport. None of the other propertles in this project offer th~s.
The City of Delray Beach is taking my personal home place in this transaction, as opposed to
unoccupied land in the case of most of the other properties. I have lived on this land for 32 years and
enjoyed the enviable street address of 13029 Morton Way assigned to me by Palm Beach County
This places a partmular hardship upon me for vacating and relocating, and most [tkely destroys the
estabhshed street address [ have enjoyed for many years.
Attorney Robert W. Federspiel (Tel: 561-276-2900) ~s cooperating with the City of Delray in a
real estate lawyer capacity in this series of land purchases. His personal home enjoys frontage on
Canal L-30, the same canal as me. Ask him if he feels that his LWI)D Canal L-30 frontage increases
the quality of his life and the fair market value of his home property I think you will find that the
answer is, "Yes!"
Sincerely yours,
' el,
William M. Morton, Ph.D.
CONTRACT FOR SALE A~rD PURCHASE
PARTIES: TRIAD PLANT COM~ANY,("Seller"), of
(Phone ), and the CITY OF DELRAY BEACH, a Florida municipal
corporation, ("Buyer"), of 100 N.W. Is= Avenue, Delray Beach, FL 33444 (Phone:
561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the
following described Real Property and Personal Property (collectively "ProDerty")
upon the following terms and conditions, which INCLUDE the Standards for Real
Estate Transactions ("Standard{s)") on the reverse side hereof or attached hereto
and riders and any addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
6.~7 acre tract of land kno ~ as Triad Plant Company
Property Control No. 00-42-46-12-00-000-3180
II.
(b) Street address, city, zip, of the Property is:
P%TRCF~ASE PRICE: $
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the "Effective
Date" to be held in escrow by
Robert w. Federspiel, P.A. Trust Account
in the amount of
(b)
Balance to close {U.S. cash, LOC~LLLY DRAWN
certified or cashier's check), subject to
adjustments or proration
Total
III. TIME FOR ACCEPTANCE; EFFECTI%rE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties prior to such offer being withdrawn by the first
party signing, the deposit(s) will, at Buyer's option, be returned and this offer
withdrawn. The date of Contract ("Effective Date") will be the date when the
last one of the Buyer and The Seller has signed this offer. A facsimile copy of
this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: At least 30 days before closing date, (CHECK ONLY ONE): []
Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR []
Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): []abstract of title or
Ititle insurance commitment (with legible copies of instruments listed as
exceptions attached thereto) and, after closing, an owner's policy of title
insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on April 1, 2002, unless modified by ocher provisions of
Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall Cake ~ltle sub]ect Co:
comprehensive land use plans, zoning, restrictions, prohibitions and ocher
requlrements ~mposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public utility
easements of record (easements are to be located contIguous to Real Property
lines and not more than 10 feet ~n width as to the rear or front ilnes and 7~
feet in width as to the side lines, unless otherwise stated herein); Taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (~f additional items, see addendum); provided that there exists
at closing no vlolation of the foregoing.
vii. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; but if Property is intended to be rented or occupied beyond closing, the
fact and terms thereof and the ten ~t(s) or occupants shall be disclosed pursuant
to Standard F. Seller shall delzYer occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall
be responsible and liable for maintenance from that date, and shall be deemed co
have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
viii. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, r!ders and addenda shall control all printed provisions of this
Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1)· may assign and thereby be
released from any further liability under this Contract; []may assign but not be
released from liab~!~ty under this Contract; or []may not assign this Contract.
X. DISCLOSURES:
( a ) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in s~fficlent quantities, may present
health r~sks to persons who are exposed to it over time. Levels of
radon thai exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from'your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDEITDA: If additional terms are to be provided, attached
addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
TRIAD PLANT COMPANY
Date Printed Name: Date
Social Security
Deposit(s) under Paragraph fi (a) received, fF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPfEL, P A
BROKER'S FEE: The broker named below, ~nclud~ng l~st~ng and cooperating brokers,
are the only brokers entitled to compensation ~n connection with this Contract-
Name: ARVIDA REALTY SERVICES
Listing Broker
Cooperating Broker
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
TRIAD PLANT COMPANY
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
13063 Barwlck Road, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have one hundred fifty (150) days within which to
conduct any and all feasibility studies and determinations relative to the
suitability for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said
period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer
shall receive a full refund of all deposit monies paid hereunder. Buyer shall be
granted reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
B. At any time prior to closing, in the event Seller shall have received
a bonafide offer to purchase the subject Property from an unrelated and
unaffiliated third party ("Third Party Offer"), which contract shall not have
any contingencies other than Seller conveying good and marketable title, and
further which provides for a closing earlier than the closing date provided for
under thzs Contract, Seller shall provide Buyer with a true copy of said Third
Party Offer, whereupon Buyer shall have thirty (30) days within which to either:
(i)elect to close on the purchase pursuant to the terms of this Contract upon
the earlier scheduled closing date as contained in said Third Party Offer, or
(ii)cancel this Contract and receive a full refund of all deposits paid
hereunder.
C. This Contract is contingent and conditioned upon the Buyer
simultaneously closing on the acquisition of those properties described as:
Property Control No. 00-42-46-12-00-000-3020
Property Control No. 00-42-46-12-00-000-3040
Property Control No. 00-42-46-12-Q0-000~3170
Property Control No. 00-42-46-12-00-000-3210
Property Control No. 00-42-46-12-00-000-3201
Property Control No. 00-42-46-12-00-000-3202
Property Control No. 00-42-46-12-00%000-3200
Property Control No. 00-42-46-12-00-000-3025
Property Control No. 00-42-46-12-00-000-3220
Property Control No. 00-42-46-12-00-000-3023
Property Control No. 00-42-46-12-00-000-3026
(the "Other Parcels") upon terms and conditions evidenced by a Contract for
Sale and Purchase in form and substance acceptable to the Buyer; such contracts
to be obtained and a true copy to be presented to Seller within sixty (60) days
from the effective date of this Contract. In the event the Buye~'shalI no,'have
successfully obtained the execution of an acceptable contract for each of said
Other Parcels within the time prescribed, either party may cancel this Contract
by providing written notice of such election to the other party. Further, in the
event the said contracts for the "Other Parcels" do not all simultaneously
close with the closing on this Contract, the Buyer shall have the r~ght to
terminate this Contract by providing written notice to the Seller, ~n which event
the Buyer shall receive a full refund of all deposit monIes paid hereunder.
D. This Contract is expressly contingent and condztloned upon the
approval of the same by the City Commission of the City of Delray Beach within
thirty (30) days followlng the Effective Date, and this Contract shall expressly
not be deemed an "offer" for any purpose unless and until the said City
Commission shall~approved and accepted said Contract in open session. If
this Contract is not a~proved by the City Commzssion of the C~ty of Delray Beach
within thirty (30) ~9~ following the Effective Datej then this Contract will be
null and void ~rrd'%f no further force or effect.
E. For purposes of the purchase and sale of the subject Property, the
parties hereby acknowledge that this Contract is being entered into in lieu of
condemnation.
BUYER' S INITIALS
SELLERS' INITIALS:
A EVIDENCE OF TXTLE (l)An abstract of t,rle prepare~ or brought current b,/ a reputable ~nd exkockng lb~-ract ~tr~n (AC not
Real Property recorded ~n the public records ot the county wherein Real Property ~ located through Effect~v~ [)ate [~
abstract shall become the property of Buyer. subject to the right of ~etent~on t~ereof by f~rst mortgagee until [uLly pa~d (2)
Buyer. an owner's policy of title Insurance ~n the amount of the purchase prkce, ~surtng Buyer's title to Real Property, subject
or before closing Seller shall convey a marketable title subject only to Liens, encumbrances, exceptions or qualif~oations set forth
tn Contract Marketable title shall be determined according to applicable T~tle Standards adopted by authorLty of The Florida Bar
and ~n accordance w%th law Buyer shall have ]0 days, ~f abstract, or 5 days, ~f t~tle commitment, from date of recelvlng evidence of
t%~le to examine ~t If t~le Is found defective, Buyer shall, within ] days thereafter, notify Seller in wr~t&ng specifying
defect(s) If the defect(s) render t~tle unmarketable) Seller w~ll have 30 days from receipt Of not,ce to remove the defect(s),
faki~ng which Buyer shall, w~thin f~ve (5) days after explratlon of the thirty (]0) day perlod, dellver written n0txce to Seller
e~ther {1) extendxng the tlme for a reasonable per~od not to exceed 120 day~ wlthin which Seller shall use d~ligent effort to remove
the defects, or (2)requesting a refund of deposit(s) paid which s~all ir~nedlately be returned to Buyer ff Buyer fails to so not~fy
Seller, Buyer shall be deemed to have accepted the t~tle as it then ~s, Seller shall, ~f t~tle is found unmarketable, use dxl~gent
effort to correct defect(s) in t~tle Wlth&n the time provlded zherefor If Seller is unable to t~mely correct the defects, Buyer
shall e~tber walve ~he defects, or receive a refund of deposit(s), thereby releasxng Buyer and Seller from all further obl~qat~on
under th~s Contract
B. PURCHASE MONEY MORTGAGE, SECL'RITYAGRF. E~ENTTOSELLE A purchase money mortgage and mortgage note ~o Seller shall provide for
a ]0 day grace per~od ~n the event of default ~f a fzrs~ mortgage and a 15 day grace period If second or lesser mortgage, shall
~rov~de for right of prepayment za whole or in part w&thout penalty, s~all pe~Talt acceleration ~n event of transfer of the Real
Property, shall requlre all prior l&en and encumbrances to be kept in good standing and forb~d mod~f~catlons of or future advances
under prior mortgage(s), shall require Suyer to ~alntazn pollciee of ~nsu£ance containing a standard mortgagee clause covering all
~mprovements located on the ~eal Property against fire and all perlls ~ocluded w~th&n the term "extended coveraqe endorsements" and
such other rxsks and perils as Seller may reasonably require. ~n an amount equal to their highest ~nsurable value, and the mortgage.
note and securlty agreement shall be otherwise ~n form and content required by Seller; but Seller may only require clauses
or nac%onal banks located a~ the county wherein Real Property %s located All Personal Property and leases being conveyed or
asskgned wlll, at Seller's oDt~on, be s~]ect ~o the l~en of a securlty agreement evidenced by recorded financing statements If a
balloon ~rtgage, the f~nal pa~ent w~i1 exceed the 9erlodkc pa~encs thereon.
C. S~Y: ~uyer. at Buyer's e~ense, w~th~n C~me allowed Co deliver ev=dence of t~tie, ~y have Real ~roperty su~eyed amd
cert~fLed by a reg%stered Florlda su~eyor If the su~ey dlscloses encroachments on the Real ~roperty or that k~rove~ts located
thereo~ encroach on setback l%nes, ease~nts, lands of others, o~ violate any restrict/ohs, Contracc covenants or appllcable
governmental regulation, the sa~ shall constitute a ~tle de~ec~
E. INGRESS ~ EGRESS: Seller warrants and represents that there ks ~ngress and egress to =he Real Property sufficient for
· ntended use as descrLbed ~n Paragrap~ vii hereof, t~tle to which ~s ~n accordance w~th Standard A.
F. L~SES: Seller s~ll, not less =ham 15 ~ys before closing, furnish to Buyer cop~es of al~ written leases and estoppel
from each tenant specLfy~ng the nature a~d duration of the tenor's occupancy, rental rates, advanced re~t and se~rlty de,sits ~d
by tenant If Seller ~s unable to obtain such letter from each ~enant. the same ~nfor~t~on ~hali be furnished by Seller =o Buyer
w~th~ that time per~od ~n the fo~ of a Seller's a~fldav~t, and Buyer may thereafter co~tac= tenants to CO~fl~ such
Seller s~all, at closing, deliver and assign alt original leases to Buyer
LI~S: Seller shall fur~sh to Buyer at time Of c~oslng an afl:davit attesting to the absemce, umless other!se provLded for
herein, of any f~anckng statements, cla~ms of lien or potencLal 1Lenors kno~ to Seller and further attesting that there have been
no improvements or repairs to Property ~or 90 days l~edla~e~y precedlng date of closing If Proper~y has been l~roved, or repaired
suppliers, amd macerlalmen 1n add,ikon to Seller's ~len affidavit setting forth the names of all such general COntractors,
subcontractors, supp~%ers and ~terlalmen and further affl~lng 5hac all charges for improvements or ~epair~ which could se~e as a
basis for a mechanic's l~en o$a claim for da~ges have been paid or w~I1 be pald at cLoslng of this Co~tract
I T£ME In computing tLme ~ertods o~ less than slx (6) days, Saturdays, SundaFs and state or na~Lona[ I~Q4I ho[[daub
excJuded Any t~me per~ods provLded for he~esn whsch shall e~d On Saturday, Sunday or L~ga[ ho[iGdy ~hull extend to 9(]0 p'n
J DO~S FO~ CLOSING Seller shall furnish deed, b~ll uf sale. construction lien affidavit, owner's possession a[f~dav~
mortgage, mortgage note. security agreement, and f~nanc~ng statements
K E~PENSES Documentary stamps on the deed and recording corrective Lnst~men~s shall be paid by Seller DocumeDtary stamps and
~ntangkble tax On the purchase money mortgage and any mortgage assumed, and recording Of purchase money mo rtgaqe to Seller, deed and
f~nanclng statements shall be paid by ~uyer Unless otherwise provided Dy law 0~ r~der to this Contract. charges fo~ the following
related title services, mamely title or abstrac~ charge, title exam~nat~om, and settlement and closing fee, shall be paid by
party responsible for furnksh~ng the title ev~demce in accordance w~th Paragraph v
through day before closing Buyer shall have the Option of taking over any ex&stlmg policies Of ~nsurance. ~f assumable,
Escrow deposits held by mortgagee wlll be credited to Seller Taxes shall be prorated based on the current year's tax wlch due
completed Improvements on Real Property by January [st of year of closing, w~ch ~mprouements were aDC in exlstence on January lsc of
the pr%or year, then Caxes shall be prorated based upon he prior year's mlllage and at an ec[u%table assessment to be agreed upon
between the ~art~s. fa~l~mq which, request w~ll be made co ~he County Property A~pra~ser for an ~nformal assessment taking ~nto
receLpt of tax bxll on condxtLon that a statement to that effect Ls sLgned at closLng
N. SPECIAL ASEESS~2~T LIENS: Certified0 confirmed and rac~f~ed special assessment lxems as of date of closing (not as of ~ffect~ve
Date) are to be pa~d by Seller Pendlng l~e~s as of date of closing shall be assumed by Buyer If the lmprovement has been
substantlally completed as of Effective Date, any pend~n~ l~en shall be consldered as cert~f%ed, confirmed or ratl~ed and Seller
O RISK OF LOSS. If the Property ~s damaged by fxre or other casualty before closing and cost of restorat~o~ does not exceed 3% of
the assessed valuat ~on of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall 9roceed
P, PROCEEDS OF SALE; CLOSIH~ ~ROCEDURE. The deed shall be recorded u~on clearance of funds [f an abstract of t~tle has been
wou~d render Seller's tltle unmarketable from the date of the last evidence All closing proceeds shall be held in escrow by Seller'S
rendered unmarketable. ~hrough no faul~ of Buyer. Buyer shall, w~thln the 5 day period, notify Seller in writing Of the defect and
Seller shall have 30 days from date of receipt of such notification to cure the defect If Seller falls to tlmely cure the defect,
all deposit(s] shall, upon written demand by Buyer and w~th~n $ days after de~and, be returned to Buyer and s~multaneously ~l~h such
any intervening de~ ct except as r~a¥ be av4~kaDle to Buyer by vkrtue o6 warr,~nt~es contained ~n the deed ~c D.[k o( sa~e [~
disbursement of ,x~rcgage proceeds as a result of any title defect attributable co Buyer ~ortgagor The escrow and ClOsing procedure
required by th~s Standard ~y be wal~ed if title agent ~nsures adverse matters pursuant to Section ~27 7841. F $ , as amended
ES(~OW ~y escrow agent ("Agent') receiving funds or equivalent ~s authorkzed and agrees by acceptance of them to deposkt them
of clearance o~ funds shalk not excuse Buyer's perfor~%~nce If kn do~t as to Agent's duties or klab~lktkes under Ehe provlslons of
Contract, Agent may, at Agent's optiofl, continue Co hold the subject ~Eter of ~he escrow untll the partkes hereto agree to LES
~lsburse~nt, or until a ]udg~t of a court of coherent ]urlsd~ction shall deEe~ne the r~ghts of the parties or Agent ~y deposit
w~th the clerk of the circuit courE hav~ng )ur~sdlctlon of the dlspuEe. Upon notifying all part~es concerned of such actlon, all
liability on che part of AgenE shall full~ tek,mace, except ~o che extent of acco~Elng for any ~Cems prev~ousl~ delivered ouE
escrow If a l~censed real estate broker, Agent w~ll COmply w~th provzskons of Chapter ~75. F S , as amended. ~y ~ulC between Buyer
and Seller where Agent ~s ~de a party because of acting as Agent hereunder, or ~n amy suxt where~n Agent ~nEe~leads the
~tter of the escrow, Agent shall recover reason~le attorneys' fees and costs ~ncurred with these a~Es to be ~ from ~d out
the escrowed funds o$ e~vale~t a~d char~ed and awarded as court costs ~ favor of the prevallk~g party The Ag~t s~all no~
k~abke ~o any party or person for m~sdel~ve~ to Buyer or Seller o~ ~tems s~]ect to th~s escrow, ~less such m~sdel~ve~ ks due
wxllful breach of Contract or 9ross negligence of Agent
R. A~Y FEES; COSTS. Ia any litigation, mncludlng breach, enfo~cemen= or ln=e~retatlon, arising ou~ of ~hlS Contract,
prevailxng party ~n such l~t~gatmon which, for the pu~c ,s of this SEaWard, shall mnclude Seller. Buyer, and a~y brokers acclng
agency or nonagency relatxonshmDs authormzed by ~pter 475. F S , as a~nded, s~ll be entm=led to recover from the no~-prevalimmg
party reasonable atto~ey's fees, costs, and expenses.
S. PAXL~ OF PERFOrm: If Buyer famls to perfo~ thms Concrac~ w~thmn the t~me spec~fmed (~nclud~ng paint of all
deposit(s)), the deposit(s) pa~d by Buyer and deDosmt(s) agreed to b~ ~amd, ~y be recovered and re=amn~by or for ~he accost of
Seller as agreed upon lz~ldated da~ges, consmderat~o~ for the execu=xom of thms Contract and ~n full settlement of any claims,
whereupon, Buyer and Seller s~ll be relxeved of all obl~ga=lons u~er Contract, or Seller, at Seller's op~mon, ~y pr~eed
to eaforce S~ller's rights ~der =h&s Concract. If, for a~y reason o~er tha~ failure of Seller ~o ~ke Seller's ~ltle ~rke=able
after dml&ge~c effort, Seller faxls, n~lects or refuses to perfo~ Ohms Co~=rac=. the Buyer ~y seek spec~flc perfo~nce or elect
~o receive the retur~ of Buyer's deposit(s) wxthout thereby wa~v%ng a~y action ~or da~ges resultx~g from SelLer's breach
T. ~ N~ RECO~LE; PERSONS BO~; NOTI~: Neither thls Contract nor any not~ce o~ %t shall be recorded Ln any
records Thxs Contract shall bind and inure to the beneflt o~ ~he part~es a~d =~emr successors mn mnterest Whenever the context
per, ts, smngular shall ~nclude plural and one ge~er s~ll ~nclude all. Notlce gmven by or to =he atto~ey ~or ~y pa~y shall ~e as
effective as ~f g~ven by or to t~a= 9arty
U. COrYZa: Seller shall convey t~tle to Real Property by statu=o~ warranty, t~stee's, personal reprementatmve's or
guard~aa's de~, as ap~roprma~e to che status ~f Seller, s~]ec= only ~o ~==ers comma&ned mn Paragraph VII and =hose otherwise
acce~ted by Buyer Personal Proper=y shall, at re.est of Buyer, be tr~sferred by am ~solu=e bmll of sale wmch warram~y of
subject only to such ~tters as ~y be otherwise provmded for ~ereln.
v. O~R AG~S NO prior or present agreements or representatlon's shall be bmndlng u~n Buyer or Seller ~less mncluded
ohms Contract No ~dlflcat~on or change l~ this Contract shall be valid or bl~dl~g upo~ the parties ~less In writing a~d executed
by t~e party or part~es ~ntended to be bound by ~t
W. W~IES Seller warrants that there are no facts ~o~ to Seller ~termally affecting the value of the Property w~lch are
not readxly obse~able by Buyer or whmch have mot been d~sclosed to Buyer
OCT-O3-ZQQ1 OZ.5~PM FPOM-TRIAD PLANT CO,INC, 5GI-3G4-Qg4Z T-g~? P OO1/OOl F-~gG
Addendum
CONTRACT DATED
SELLER: Triad Plant Company
BUYER: City of Delray Beach
PROPERTY ADORE$S-
LEGAL DESCRIPTION:
i 3063 Bar~vlcl( Road
Oolray Beach, Florida 33445
OATE: Sap 09, 2001
It is understood and agreed ~3y all parties w~th their signatures affixa,l harem that the ap01icable paragraphs of this addendum
shall become a permanent part of the subject contract.
Sec{ion Il[a) shall be amended as foliows~ de.[.eta "Robert ~W. F__~ed~ersplel~ P,A, Trust Account" and re.~laco
with "Seller's attorney", .....
The Buyer may only assign ,this contract to the ~lm-B?ac___h_h C_o_oun.ty Florida School Board or it's
affiliates,
Seller will be allowed to occupy ~he premises~..e_nt__f.r,_e.e__fo.r__270 days following the Closing Date of the
transaction. . .... _~..,x~--' . .........
"'~Se~ler will be allowed wl[lfln 270 da. ys following tt~e Cl_o..sin~ D~te to remove all structures and personal
property including but not limited to groenhouses., _t['.a_i!.ers and irrigation equipment.
The Se~rl er has the option to request a 1031 exc~lnge,' The__ Bu_yer agrees to cooperate in affecting the
exchange, incl,~ding the execution of any required d?cuments.
This Addendum shall and does hereby constitute a'n i~er~r~l__part of the referenced Contract. All terms,
conditions and provisions of said Contra~t are here.by_.raflficd and confirmed exce~lt to the extent they
may be inconsistent herewith, I~ the event of a conflict between the terms of this Addendum and the
terms of the Contract~ this Addendum shall p.r.e.v_ail,. _
WITNE~$1=S AS TO SIGNATURE OF BUYER:
(Two sionatur~ rec~mmancted but not required)
WITNESSES A~ TO SIGNATURE OF SELLER:
(Two ~[gnaturcs reconnmenc[ed but not requirecl)
#4 - i~ev. 9/95
8uyar City of Delr-~y IBe~ch Date
I~uyer Date
~etlo¢ ~ant eom"any "'